Title: Children and Young People (Oversight and Advocacy Bodies)Bill 2016
Author: Office of Parliamentary Counsel
Last saved by: Sandra L. Flintoft-Silk
Category: royal.arms.unofficial
Document comments: lc152A

House of Assembly
As passed all stages and awaiting assent.
This is an unofficial copy and is subject to correction.

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Contents

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Part 1—Preliminary

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Preliminary—Part 1

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Part 2—Commissioner for Children and Young People
Division 1—Commissioner for Children and Young People

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Commissioner for Children and Young People—Part 2
Commissioner for Children and Young People—Division 1

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Part 2—Commissioner for Children and Young People
Division 2—Functions and powers of Commissioner

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Commissioner for Children and Young People—Part 2
Functions and powers of Commissioner—Division 2

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Part 2—Commissioner for Children and Young People
Division 3—Reporting

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Commissioner for Children and Young People—Part 2
Reporting—Division 3

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Part 3—Guardian for Children and Young People

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Guardian for Children and Young People—Part 3

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Part 4—Child Death and Serious Injury Review Committee

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Child Death and Serious Injury Review Committee—Part 4

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Part 5—Referral of matters

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Referral of matters—Part 5

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Part 6—Child Development Council
Division 1—Child Development Council

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Child Development Council—Part 6
Child Development Council—Division 1

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Part 6—Child Development Council
Division 2—Outcomes Framework for Children and Young People

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Child Development Council—Part 6
Outcomes Framework for Children and Young People—Division 2

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Part 7—Information gathering and sharing

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Information gathering and sharing—Part 7

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Part 8—Miscellaneous

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Miscellaneous—Part 8

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Schedule 1—Related amendments and transitional provisions

Children and Young People (Oversight and Advocacy Bodies) Bill 2016
Related amendments and transitional provisions—Schedule 1

South Australia
Children and Young People (Oversight and Advocacy Bodies) Bill 2016
A Bill For
An Act to establish the Commissioner for Children and Young People; to continue the Guardian for Children and Young People, the Child Death and Serious Injury Review Committee; to establish the Child Development Council; and for other purposes.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Interpretation
4	Meaning of rights, development and wellbeing
5	State authorities to seek to give effect to United Nations Convention on the Rights of the Child etc
6	Act to bind, and impose criminal liability on, the Crown
Part 2—Commissioner for Children and Young People
Division 1—Commissioner for Children and Young People
7	Commissioner for Children and Young People
8	Appointment of Commissioner
9	Appointment of acting Commissioner
10	Delegation
11	Staff and resources
12	Employees
13	Use of staff etc of Public Service
Division 2—Functions and powers of Commissioner
14	General functions of Commissioner
15	Commissioner may inquire into matters affecting children and young people at systemic level
16	Powers of Commissioner
17	Recommendations
Division 3—Reporting
18	Report of inquiry under section 15
19	Commissioner may provide other reports
20	Commissioner may publish reports
Part 3—Guardian for Children and Young People
21	Guardian for Children and Young People
22	Terms and conditions of appointment
23	Delegation
24	Staff and resources
25	Use of staff etc of Public Service
26	Functions and powers of Guardian
27	Participation of children and young people in development of practices etc
28	Reporting obligations
29	Guardian may provide other reports
Part 4—Child Death and Serious Injury Review Committee
30	Continuation of Child Death and Serious Injury Review Committee
31	Terms and conditions of members
32	Presiding member
33	Procedures of the Committee
34	Delegation
35	Staff and resources
36	Use of staff and facilities etc
37	Functions of the Committee
38	Powers of Committee
39	Reporting obligations
Part 5—Referral of matters
40	Guardian or Committee may refer matter to Commissioner
41	Commissioner, Guardian and Committee may report, and must refer, certain matters to appropriate body
42	Commissioner and Guardian may make complaints to Ombudsman
43	Commissioner and Guardian may make complaints to Health and Community Services Complaints Commissioner
44	Immediate reports to Parliament
45	Referral of matters to inquiry agencies etc not affected
Part 6—Child Development Council
Division 1—Child Development Council
46	Establishment of Child Development Council
47	Terms and conditions of membership
48	Presiding member and deputy presiding member
49	Delegation
50	Committees
51	Council's procedures
52	Commissioner or representative may attend meetings of Council
53	Staff and resources
54	Use of staff etc of Public Service
55	Functions and powers of Council
56	Reporting obligations
Division 2—Outcomes Framework for Children and Young People
57	Outcomes Framework for Children and Young People
58	Statutory duty of State authorities in respect of Outcomes Framework
Part 7—Information gathering and sharing
59	No obligation to maintain secrecy
60	Commissioner may require State authority to provide report
61	Commissioner, Guardian or Council may require information
62	Sharing of information between certain persons and bodies
63	Interaction with Public Sector (Data Sharing) Act 2016
Part 8—Miscellaneous
64	Obstruction etc
65	False or misleading statements
66	Confidentiality
67	Victimisation
68	Protections, privileges and immunities
69	Service
70	Review of Act
71	Regulations
Schedule 1—Related amendments and transitional provisions
Part 1—Preliminary
1	Amendment provisions
Part 2—Amendment of Children's Protection Act 1993
2	Repeal of Part 7A
3	Repeal of Part 7B
4	Repeal of Part 7C
Part 3—Amendment of Freedom of Information Act 1991
5	Amendment of Schedule 2—Exempt agencies
Part 4—Amendment of Health and Community Services Complaints Act 2004
6	Amendment of section 4—Interpretation
7	Amendment of section 27—Time within which a complaint may be made
8	Insertion of Part 4 Division 1A
Division 1A—Certain complaints to be referred to Ombudsman
28A	Commissioner to refer certain complaints to Ombudsman
Part 5—Amendment of Ombudsman Act 1972
9	Amendment of section 13—Matters subject to investigation
10	Amendment of section 15—Persons who may make complaints
11	Amendment of section 16—Time within which complaints may be made
Part 6—Transitional provisions
12	Guardian for Children and Young People

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Children and Young People (Oversight and Advocacy Bodies) Act 2016.
2—Commencement
	(1)	This Act will come into operation on a day to be fixed by proclamation.
	(2)	Section 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or to a provision of this Act.
3—Interpretation
	(1)	In this Act, unless the contrary intention appears—
Child Death and Serious Injury Review Committee or Committee means the Child Death and Serious Injury Review Committee continued under section 30;
Child Development Council or Council means the Child Development Council established under Part 6;
Commissioner for Children and Young People or Commissioner means the person for the time being holding or acting in the office of Commissioner for Children and Young People under Part 2;
Guardian for Children and Young People or Guardian means the person for the time being holding or acting in the office of Guardian for Children and Young People under Part 3;
Outcomes Framework for Children and Young People or Outcomes Framework means the Outcomes Framework for Children and Young People prepared in accordance with section 57, as in force from time to time;
State authority means—
	(a)	a person who holds an office established by an Act; or
	(b)	a public sector agency; or
	(c)	South Australia Police; or
	(d)	a local council constituted under the Local Government Act 1999; or
	(e)	any incorporated or unincorporated body—
	(i)	established for a public purpose by an Act; or
	(ii)	established for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations); or
	(iii)	established, or subject to control or direction, by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a local council (whether or not established by or under an Act or an enactment); or
	(f)	any other person or body declared by the regulations to be a State authority,
but does not include a person or body declared by the regulations to be excluded from the ambit of this definition.
	(2)	For the purposes of this Act, a reference to children and young people will be taken to be a reference to persons who are under 18 years of age.
4—Meaning of rights, development and wellbeing
	(1)	For the purposes of this Act, a reference to the rights of children and young people will be taken to include a reference to rights recognised in accordance with statutory and common law, rights set out from time to time in the United Nations Convention on the Rights of the Child and rights set out in any other relevant international human rights instruments.
	(2)	For the purposes of this Act, a reference to the development of children and young people will be taken to include a reference to the physical, social, emotional and intellectual growth of each individual from birth through to adulthood.
	(3)	For the purposes of this Act, a reference to the wellbeing of children and young people will be taken to include a reference to—
	(a)	the care, development, education, physical and mental health and safety of each individual from birth through to adulthood; and
	(b)	the cultural welfare and wellbeing of children and young people.
5—State authorities to seek to give effect to United Nations Convention on the Rights of the Child etc
Each State authority must, in carrying out its functions or exercising its powers, protect, respect and seek to give effect to the rights set out from time to time in the United Nations Convention on the Rights of the Child and any other relevant international human rights instruments affecting children and young people.
6—Act to bind, and impose criminal liability on, the Crown
	(1)	This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
	(2)	The Crown is liable for an offence against this Act. 
	(3)	If the Crown is guilty of an offence against this Act, the penalty that may be imposed on the Crown is the penalty that may be imposed on a body corporate.

Part 2—Commissioner for Children and Young People
Division 1—Commissioner for Children and Young People
7—Commissioner for Children and Young People
	(1)	There is to be a Commissioner for Children and Young People.
	(2)	The Commissioner is independent of direction or control by the Crown or any Minister or officer of the Crown.
8—Appointment of Commissioner
	(1)	The Commissioner will be appointed by the Governor on conditions, and for a term (not exceeding 7 years), determined by the Governor and specified in the instrument of appointment.
	(2)	A person appointed to be the Commissioner is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any term as Acting Commissioner) that exceed 10 years in total.
	(3)	The Governor may, by regulation, establish a scheme for the recruitment of the Commissioner (and recruitment of the Commissioner must comply with that scheme).
	(4)	A person may only be appointed to be the Commissioner if, following referral by the Minister of the proposed appointment to the Statutory Officers Committee established under the Parliamentary Committees Act 1991—
	(a)	the appointment has been approved by the Committee; or
	(b)	the Committee has not, within 7 days of the referral, or such longer period as is allowed by the Minister, notified the Minister in writing that it does not approve the appointment.
	(5)	Despite the Parliamentary Committees Act 1991, the Statutory Officers Committee must not report on, or publish material in relation to, matters referred to the Committee under subsection (4) except to the extent allowed by the Minister (but this subsection does not derogate from section 15I(2) of the Parliamentary Committees Act 1991).
	(6)	If the Commissioner was, immediately before their appointment, employed in the Public Service, the Commissioner retains existing and accruing rights in respect of leave.
	(7)	The Commissioner must not, without the consent of the Minister, engage in any remunerated employment or activity apart from official duties.
	(8)	The Governor may, on the address of both Houses of Parliament, remove the Commissioner from office.
	(9)	The Governor may suspend the Commissioner from office (with, or without, pay) for—
	(a)	contravention of a condition of appointment; or
	(b)	misconduct or conduct that may bring the office of Commissioner into disrepute; or
	(c)	failure or incapacity to carry out official duties satisfactorily.
	(10)	If the Governor suspends the Commissioner from office, a full statement of the reason for the suspension must be laid before both Houses of Parliament within 7 days after the suspension if Parliament is then in session or, if not, within 7 days after the commencement of the next session of Parliament.
	(11)	If, at the end of 20 sitting days after the statement is laid before Parliament, neither House of Parliament has presented an address to the Governor requiring the Commissioner to be restored to office, the Commissioner is removed from office.
	(12)	If within 20 sitting days after the statement is laid before Parliament either House of Parliament presents an address to the Governor requiring the Commissioner to be restored to office, the Commissioner is restored to office.
	(13)	The office of Commissioner becomes vacant if the holder—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice to the Governor; or
	(d)	is nominated for election as a member of an Australian Parliament; or
	(e)	becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or
	(f)	is convicted of—
	(i)	an indictable offence against the law of this State; or
	(ii)	an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or
	(iii)	an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or
	(g)	is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or
	(h)	is removed from office by the Governor under this section.
	(14)	Except as is provided by this section, the Commissioner may not be removed or suspended from office, nor will the office of the Commissioner become vacant.
	(15)	The Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.
9—Appointment of acting Commissioner
	(1)	The Governor may appoint a person (who may be a Public Service employee) to act as the Commissioner during any period for which—
	(a)	no person is for the time being appointed as the Commissioner; or
	(b)	the Commissioner is absent from, or unable to discharge, official duties.
	(2)	The terms and conditions of appointment of the person appointed to act as the Commissioner will be determined by the Governor.
	(3)	A person appointed to act as the Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.
10—Delegation
	(1)	Subject to this section, the Commissioner may delegate a function or power under this Act (other than a prescribed function or power) to any person or body that is, in the Commissioner's opinion, competent to perform or exercise the relevant function or power.
	(2)	A delegation under this section—
	(a)	must be in writing; and
	(b)	may be conditional or unconditional; and
	(c)	is revocable at will; and
	(d)	does not prevent the delegator from acting in any matter.
	(3)	A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
11—Staff and resources
The Minister must provide the Commissioner with the staff and other resources that the Commissioner reasonably needs for carrying out the Commissioner's functions.
12—Employees
	(1)	The Commissioner may engage employees on terms and conditions determined by the Commissioner.
	(2)	The employees are not Public Service employees but will, for the purposes of the Public Sector (Honesty and Accountability) Act 1995, be taken to be public sector employees employed by the Commissioner.
13—Use of staff etc of Public Service
The Commissioner may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.

Division 2—Functions and powers of Commissioner
14—General functions of Commissioner
	(1)	The functions of the Commissioner are—
	(a)	to promote and advocate for the rights and interests of all children and young people in South Australia; and
	(b)	to promote the participation by children and young people in the making of decisions that affect their lives; and
	(c)	to advise, and make recommendations to, Ministers, State authorities and other bodies (including non-Government bodies) on matters related to the rights, development and wellbeing of children and young people at a systemic level; and
	(d)	to inquire under section 15 into matters related to the rights, development and wellbeing of children and young people at a systemic level (whether a Governmental system or otherwise); and
	(e)	to assist in ensuring that the State, as part of the Commonwealth, satisfies its international obligations in respect of children and young people; and
	(f)	to undertake or commission research into topics related to children and young people; and
	(g)	to prepare and publish reports on matters related to the rights, development and wellbeing of children and young people at a systemic level; and
	(h)	such other functions as may be conferred on the Commissioner by or under this or any other Act.
	(2)	Without limiting any other provision of this Act, the Commissioner should consult with and engage children and young people in the performance of the Commissioner's functions under this Act, and in particular should seek to engage those groups of children and young people whose ability to make their views known is limited for any reason.
15—Commissioner may inquire into matters affecting children and young people at systemic level
	(1)	The Commissioner may, in the Commissioner's absolute discretion, conduct an inquiry into—
	(a)	the policies, practices and procedures of a State authority or authorities as they relate to the rights, development and wellbeing of children and young people generally, or a particular group of children and young people; and
	(b)	any other matter declared by the regulations to fall within the ambit of this subsection.
	(2)	However, the Commissioner may only conduct an inquiry under this section if the Commissioner suspects that—
	(a)	the matter raises an issue of particular significance to children and young people; and
	(b)	the matter is of a systemic nature rather than being limited to an isolated incident; and
	(c)	it is in the public interest to conduct the inquiry.
	(3)	To avoid doubt, and without limiting any other provision of this section, the Commissioner—
	(a)	may, in the course of conducting an inquiry into matters of a systemic nature, consider a matter affecting a particular child or young person; and
	(b)	may conduct an inquiry under this section as a consequence of becoming aware of a matter affecting a particular child or young person.
	(4)	The Commissioner must not conduct an inquiry under this section if to do so would be likely to impede an investigation or proposed investigation relating to a matter that is being, or is to be, conducted by an inquiry agency.
	(5)	Subject to this Act, the Commissioner may conduct an inquiry under this section in such manner as the Commissioner thinks fit.
	(6)	A State authority must assist the Commissioner in the conduct of an inquiry under this section as requested by the Commissioner.
	(7)	The Commissioner must inform each relevant State authority as to the nature and timing of an inquiry under this section.
	(8)	In this section—
inquiry agency has the same meaning as in section 45.
16—Powers of Commissioner
	(1)	For the purposes of an inquiry under section 15, the Commissioner has the powers of a commission as defined in the Royal Commissions Act 1917 and that Act applies as if—
	(a)	the Commissioner were a commission as so defined; and
	(b)	the subject matter of the inquiry were set out in a commission of inquiry issued by the Governor under that Act.
	(2)	For the purposes of any other function under this Act, the Commissioner has such powers as may be necessary or expedient for the performance of that function.
17—Recommendations
	(1)	The Commissioner may, on completing an inquiry under section 15, or in response to issues observed by the Commissioner in the course of such an inquiry, by notice in writing recommend to a State authority that the State authority—
	(a)	change practices, policies or procedures in a specified way or review practices, policies or procedures to achieve specified outcomes; or
	(b)	conduct, or participate in, specified educational programs or educational programs designed to achieve specified outcomes; or
	(c)	take such other action as may be specified by the Commissioner.
	(2)	The responsible authority for a State authority must, in relation to a recommendation under subsection (1), provide to the Commissioner a report setting out—
	(a)	whether the State authority proposes, or does not propose, to implement the recommendation; and
	(b)	if the State authority proposes to implement the recommendation—details of how the implementation is to be recommended; and
	(c)	if the State authority does not propose to implement the recommendation—an explanation as to why the recommendation is not to be implemented.
	(3)	If—
	(a)	a State authority proposes to implement a recommendation; and 
	(b)	the Commissioner is of the opinion that a State authority has failed or refused to do so,
the Commissioner may require the State authority to provide to the Commissioner within a specified period a report setting out the reasons for the failure or refusal.
	(4)	The Commissioner may submit a copy of a report under subsection (3) to the Minister setting out the views of the Commissioner in respect of the State authority's failure or refusal to implement a recommendation.
	(5)	The Minister must, on receiving a report under subsection (4), prepare a report to Parliament setting out—
	(a)	the Minister's response to the Commissioner's report; and
	(b)	if any action has been taken, or is proposed to be taken, (whether by the Minister, a State authority or any other person or body) in relation to a recommendation to which the Commissioner's report relates—details of that action or proposed action; and
	(c)	if no action is to be taken (whether by the Minister, a State authority or any other person or body) in relation to a recommendation to which the Commissioner's report relates—the reasons for not taking action; and
	(d)	any other information required by the regulations.
	(6)	The Minister must, within 6 sitting days after completing a report under subsection (5), cause a copy of both the report and the Commissioner's report under subsection (4) to be laid before both Houses of Parliament.

Division 3—Reporting
18—Report of inquiry under section 15
	(1)	The Commissioner must, on completing an inquiry under section 15, prepare and deliver to the Minister a report on the inquiry (including details of any recommendations made in respect of the inquiry).
	(2)	The Minister must, within 6 sitting days after receiving a report under subsection (1), cause a copy of the report to be laid before both Houses of Parliament.
	(3)	The Minister must, on receiving a report under subsection (1)—
	(a)	provide a copy of the report to the Minister responsible for each area identified in the report; and
	(b)	prepare a report setting out—
	(i)	the Minister's response to the Commissioner's report; and
	(ii)	if any action has been taken, or is proposed to be taken, (whether by a Minister, a State authority or any other person or body) in relation to the Commissioner's report—details of that action or proposed action; and
	(iii)	if no action is to be taken (whether by a Minister, a State authority or any other person or body) in relation to the Commissioner's report—the reasons for not taking action; and
	(iv)	any other information required by the regulations.
	(4)	The Minister must, within 6 sitting days after completing a report under subsection (3), cause a copy of the report to be laid before both Houses of Parliament.
19—Commissioner may provide other reports
	(1)	The Commissioner may prepare and provide to the Minister, or to another Minister responsible for a particular area, reports on matters related to the rights, development and wellbeing of children and young people at a systemic level.
	(2)	The Minister to whom a report is provided under subsection (1) must, within 6 sitting days after receiving the report, cause a copy of the report to be laid before both Houses of Parliament.
20—Commissioner may publish reports
The Commissioner may, once a report under this Part has been laid before each House of Parliament and after consultation with the Minister, publish all or part of the report as the Commissioner thinks fit.

Part 3—Guardian for Children and Young People
21—Guardian for Children and Young People
	(1)	There is to be a Guardian for Children and Young People.
	(2)	The Guardian is independent of direction or control by the Crown or any Minister or officer of the Crown.
22—Terms and conditions of appointment
	(1)	The Guardian will be appointed by the Governor on the nomination of the Minister on conditions, and for a term (not exceeding 5 years), determined by the Governor and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment.
	(2)	The Minister must, before nominating a person for appointment as Guardian, call for expressions of interest in accordance with a scheme determined by the Minister.
	(3)	The Guardian is not a Public Service employee.
	(4)	If the Guardian was, immediately before their appointment, employed in the Public Service, the Guardian retains existing and accruing rights in respect of leave.
	(5)	The office of Guardian becomes vacant if the holder—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice to the Governor; or
	(d)	is convicted of—
	(i)	an indictable offence against the law of this State; or
	(ii)	an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or
	(iii)	an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or
	(e)	is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or
	(f)	becomes a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016; or
	(g)	is removed from office by the Governor under subsection (6).
	(6)	The appointment of the Guardian may be terminated by the Governor on the ground that the Guardian—
	(a)	has been guilty of misconduct; or
	(b)	has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or
	(c)	has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or
	(d)	has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or
	(e)	is incompetent or has neglected the duties of the position.
23—Delegation
	(1)	The Guardian may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position).
	(2)	A delegation under this section—
	(a)	must be by instrument in writing; and
	(b)	may be absolute or conditional; and
	(c)	does not derogate from the ability of the Guardian to act in any matter; and
	(d)	is revocable at will.
	(3)	A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
24—Staff and resources
The Minister must provide the Guardian with the staff and other resources that the Guardian reasonably needs for carrying out the Guardian's functions.
25—Use of staff etc of Public Service
The Guardian may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.
26—Functions and powers of Guardian
	(1)	The functions of the Guardian are—
	(a)	to promote the best interests of children under the guardianship, or in the custody, of the Minister, and in particular those in alternative care; and
	(b)	to act as an advocate for the interests of children under the guardianship, or in the custody, of the Minister and, in particular, for any such child who has suffered, or is alleged to have suffered, sexual abuse; and
	(c)	to monitor the circumstances of children under the guardianship, or in the custody, of the Minister; and
	(d)	to provide advice to the Minister on the quality of the provision of care for children under the guardianship, or in the custody of, the Minister and on whether the children's needs are being met; and
	(e)	to inquire into, and provide advice to the Minister in relation to, systemic reform necessary to improve the quality of care provided for children in alternative care; and
	(f)	to investigate and report to the Minister on matters referred to the Guardian by the Minister; and
	(g)	such other functions as may be conferred on the Guardian by or under this or any other Act.
	(2)	In carrying out functions under this section, the Guardian must—
	(a)	encourage children who are affected by issues that the Guardian has under consideration to express their own views and give proper weight to those views; and
	(b)	pay particular attention to the needs of children under the guardianship, or in the custody, of the Minister who have a physical, psychological or intellectual disability; and
	(c)	receive and consider information, reports and materials relevant to carrying out the Guardian's functions.
	(3)	Subject to this Act, the Guardian has such powers as may be necessary or expedient for the performance of the Guardian's functions.
	(4)	In this section—
alternative care means care provided for a child on a residential basis—
	(a)	by or through a government or non-government agency; or
	(b)	in a foster home (including a foster home provided by a member of the child's family),
and includes care provided in a detention facility for a child who is held there in lawful detention and care provided under independent living arrangements made for a child under the Minister's guardianship.
27—Participation of children and young people in development of practices etc
The Guardian must establish and maintain processes to ensure the participation of children and young people in strategic, policy or systemic practice development or review processes.
28—Reporting obligations
	(1)	The Guardian must, at the request of the Minister, provide a report to the Minister on the performance of the Guardian's functions or on any other matter specified by Minister.
	(2)	The Guardian must, on or before 31 October in each year, report to the Minister on the performance of the Guardian's functions during the preceding financial year.
	(3)	The Minister must, within 6 sitting days after receiving a report from the Guardian, have copies of the report laid before both Houses of Parliament.
29—Guardian may provide other reports
	(1)	The Guardian may prepare and provide to the Minister, or to another Minister responsible for a particular area, reports on matters related to the Guardian's functions.
	(2)	The Minister to whom a report is provided under subsection (1) must, within 6 sitting days after receiving the report, cause a copy of the report to be laid before both Houses of Parliament.

Part 4—Child Death and Serious Injury Review Committee
30—Continuation of Child Death and Serious Injury Review Committee
	(1)	The Child Death and Serious Injury Review Committee established under the Children's Protection Act 1993 continues in existence.
	(2)	The Committee consists of up to 20 members appointed by the Minister.
	(3)	The Committee is to be subject to direction by the Minister but—
	(a)	the Committee cannot be directed to make a particular finding or recommendation; and
	(b)	a direction must be published in the annual report of the Committee relating to the period in which the direction was given.
31—Terms and conditions of members
	(1)	Subject to this section, a member of the Committee holds office on conditions, and for a term (not exceeding 2 years), determined by the Minister and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment.
	(2)	The office of a member becomes vacant if the member—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice to the Minister; or
	(d)	is convicted of—
	(i)	an indictable offence against the law of this State; or
	(ii)	an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or
	(iii)	an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or
	(e)	is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or
	(f)	becomes a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016; or
	(g)	is removed from office by the Minister under subsection (3).
	(3)	The Minister may remove a member from office—
	(a)	for misconduct or conduct that brings the Committee into disrepute; or
	(b)	for breach of, or non-compliance with, a condition of appointment; or
	(c)	if the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or
	(d)	if the member has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or
	(e)	if the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or
	(f)	for incompetence or neglecting the duties of the position; or
	(g)	any other reason the Minister thinks fit.
32—Presiding member
The Minister must appoint a member of the Committee as the presiding member of the Committee.
33—Procedures of the Committee
	(1)	Subject to this Act, a quorum of the Committee consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1.
	(2)	The Committee must meet at least 5 times in each year.
	(3)	The presiding member will preside at a meeting of the Committee and, in the absence of that person, a member chosen by the members present at the meeting will preside.
	(4)	A question arising for decision at a meeting of the Committee will be decided by a majority of the votes cast by the members present at the meeting.
	(5)	Each member present at a meeting of the Committee will be entitled to 1 vote on any question arising for decision at the meeting and, if the votes are equal, the person presiding will have a casting vote.
	(6)	Subject to this Act and any directions of the Minister, the Committee may determine its own procedures.
34—Delegation
	(1)	The Committee may delegate to a member, or a sub-committee of its members, any of its powers or functions under this Act. 
	(2)	A delegation under this section—
	(a)	must be by instrument in writing; and
	(b)	may be absolute or conditional; and
	(c)	does not derogate from the ability of the Committee to act in any matter; and
	(d)	is revocable at will.
	(3)	A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
35—Staff and resources
The Minister must provide the Committee with the staff and other resources that the Committee reasonably needs for carrying out the Committee's functions.
36—Use of staff and facilities etc
	(1)	The Committee may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.
	(2)	The Committee may, with the Minister's approval, engage an expert to assist it in the review of a particular case or in carrying out any other aspect of its functions.
37—Functions of the Committee
	(1)	The functions of the Committee are—
	(a)	to review cases in which children die or suffer serious injury with a view to identifying legislative or administrative means of preventing similar cases of death or serious injury in the future; and
	(b)	to make, and monitor the implementation of, recommendations for avoiding preventable child death or serious injury; and
	(c)	to maintain a database of child deaths and serious injuries and their circumstances and causes.
	(2)	A review may be carried out if—
	(a)	the incident resulting in the child's death or serious injury occurred in the State; or
	(b)	the child was, at the time of the death or serious injury, ordinarily resident in the State.
	(3)	The Committee should review a case of child death or serious injury if—
	(a)	there are grounds to suspect that the death or serious injury may be due to abuse or neglect; or
	(b)	there are grounds to believe that the death or serious injury might have been prevented by some kind of systemic change; or
	(c)	there had been, within 3 years before the incident resulting in the death or serious injury, a notification to the Department of suspected abuse or neglect of the child, or a member of the child's family; or
	(d)	the child was, at the time of death or serious injury, under the guardianship, or in the custody, of the Minister or was in custody or detention or in the care of a government agency; or
	(e)	the case has been referred to the Committee by the State Coroner.
	(4)	The Committee must not review a case of child death or serious injury if to do so may compromise an ongoing criminal investigation of the case.
	(5)	The Committee must not review a case of child death or serious injury unless—
	(a)	a coronial inquiry has been completed; or
	(b)	the State Coroner requests the Committee to carry out a review; or
	(c)	the State Coroner indicates that there is no present intention to carry out a coronial inquiry.
	(6)	Without limiting the ways in which the Committee may conduct a review, a review may be carried out by examination of coronial and other records and reports relevant to the case under review.
	(7)	The Committee must not make a finding about civil or criminal liability.
	(8)	The database maintained by the Committee may only be inspected in accordance with the regulations.
38—Powers of Committee
	(1)	Subject to this section, but without limiting any other provision of this Act, the Committee may, for the purposes of a review of a case of child death or serious injury, require a specified person (whether or not the person is a State authority, or an officer or employee of a State authority) to provide to the Committee such information or documents as may be specified in the notice (being information or documents in the possession of the person that the Committee reasonably requires for the review).
	(2)	A person must not refuse or fail to comply with a requirement under subsection (1).
Maximum penalty: $10 000.
	(3)	Subsection (2) does not apply to a prescribed person in relation to a child who is the subject of the review.
	(4)	The Committee cannot require a person to disclose or allow access to information or documents subject to the operation of Part 7 or 8 of the Health Care Act 2008.
	(5)	If a State authority refuses or fails to comply with a requirement under subsection (1), the Committee may, after consultation with the State authority—
	(a)	report the refusal or failure to the Minister and to the Minister responsible for the State authority (if any); and
	(b)	include details of the refusal or failure in the annual report of the Committee.
	(6)	In this section—
prescribed person, in relation to a child, means a parent, step-parent, foster parent, brother, sister, uncle, aunt, grandfather or grandmother of the child.
39—Reporting obligations
	(1)	The Committee must, at the request of the Minister, provide a report to the Minister on the performance of its functions or on any other matter specified by Minister.
	(2)	The Committee must, on or before 31 October in each year, report to the Minister on the performance of its functions during the preceding financial year.
	(3)	The Minister must, within 6 sitting days after receiving a report under subsection (2), have copies of the report laid before both Houses of Parliament.

Part 5—Referral of matters
40—Guardian or Committee may refer matter to Commissioner
	(1)	If, in the course of performing functions under this Act, the Guardian or the Committee becomes aware of a matter that, in the opinion of the Guardian or Committee, should be referred to the Commissioner for action under Part 2, then the Guardian or Committee (as the case requires) may, in a manner and form determined by the Commissioner, refer the matter to the Commissioner.
	(2)	Subsection (1) applies whether or not the Guardian or the Committee is reviewing, or has reviewed, an incident to which the matter relates.
	(3)	Nothing in subsection (1) prevents the Guardian or the Committee from reporting or referring the matter under any other provision of this Act or any other Act.
41—Commissioner, Guardian and Committee may report, and must refer, certain matters to appropriate body
	(1)	If, in the course of performing functions under this Act, the Commissioner, the Guardian or the Committee becomes aware of a matter that raises the possibility of professional misconduct or unprofessional conduct, or corruption, misconduct or maladministration in public administration, then the Commissioner, Guardian or Committee (as the case requires)—
	(a)	in the case of professional misconduct or unprofessional conduct—may report the matter to the relevant regulatory body for that profession; or
	(b)	in the case of corruption, misconduct or maladministration in public administration—must refer the matter to the Office for Public Integrity.
	(2)	The Commissioner, the Guardian or the Committee (as the case requires) must comply with any reasonable request of the relevant regulatory body for further information in relation to the subject matter of a report under subsection (1)(a).
	(3)	In this section—
corruption, misconduct or maladministration in public administration means corruption in public administration, misconduct in public administration or maladministration in public administration, all within the meaning of the Independent Commissioner Against Corruption Act 2012;
Office for Public Integrity means the Office for Public Integrity under the Independent Commissioner Against Corruption Act 2012.
42—Commissioner and Guardian may make complaints to Ombudsman
	(1)	Despite a provision of the Ombudsman Act 1972, the Commissioner or the Guardian may, on behalf of a child or young person, or a class of children or young people—
	(a)	make a complaint to the Ombudsman in respect of an administrative act; or
	(b)	make a prescribed child protection complaint to the Ombudsman,
and, for the purposes of the Ombudsman Act 1972, such a complaint will be taken to be a complaint made under that Act.
	(2)	Without limiting a provision of the Ombudsman Act 1972, the Ombudsman, in respect of a complaint referred to in subsection (1)(b), has the same jurisdiction and any additional powers that the Health and Community Services Complaints Commissioner would have under the Health and Community Services Complaints Act 2004 in respect of such a complaint.
	(3)	In this section—
administrative act has the same meaning as in the Ombudsman Act 1972;
prescribed child protection complaint has the same meaning as in section 28A of the Health and Community Services Complaints Act 2004.
43—Commissioner and Guardian may make complaints to Health and Community Services Complaints Commissioner
	(1)	Subject to this section, but despite a provision of the Health and Community Services Complaints Act 2004, the Commissioner or the Guardian may make a complaint to the Health and Community Services Complaints Commissioner on behalf of a child or young person, or a class of children or young people, in respect of a ground referred to in section 25 of that Act (and such a complaint will be taken to be a complaint made under that Act).
	(2)	In determining whether to make a complaint under subsection (1), the Commissioner or the Guardian (as the case requires)—
	(a)	must have regard to the fact that a prescribed child protection complaint should, unless it is a complaint of a kind identified in an administrative arrangement under section 28A of the Health and Community Services Complaints Act 2004, be made to the Ombudsman; and
	(b)	must consider whether a complaint should instead be made under section 42.
	(3)	Nothing in this section limits the operation of section 28A of the Health and Community Services Complaints Act 2004.
	(4)	In this section—
prescribed child protection complaint has the same meaning as in section 28A of the Health and Community Services Complaints Act 2004.
44—Immediate reports to Parliament
	(1)	The Commissioner, the Guardian or the Committee may make a report to the Parliament on any matter related to their functions under this Act if satisfied that the matter raises issues of such importance to the safety or wellbeing of children and young people that the Parliament should be made aware of the matter as a matter of urgency.
	(2)	A copy of the report must be delivered to the President of the Legislative Council and the Speaker of the House of Assembly.
	(3)	The President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.
	(4)	The Commissioner, the Guardian or the Committee (as the case requires) must also give a copy of the report to the Minister.
45—Referral of matters to inquiry agencies etc not affected
	(1)	Nothing in this Act prevents a matter from being referred to an inquiry agency or any other appropriate person or body at any time (whether or not an inquiry or other proceedings are being or have been undertaken under this Act).
	(2)	The referral of a matter does not prevent the Commissioner, the Guardian or the Committee from performing functions or exercise powers in respect of the matter (but in such a case the Commissioner, Guardian or Committee must endeavour to avoid, as far as practicable, prejudice to any person affected by the referral).
	(3)	In this section—
inquiry agency means—
	(a)	South Australia Police; or
	(b)	the Ombudsman; or
	(c)	the State Coroner; or
	(d)	the Independent Commissioner Against Corruption; or
	(e)	the Commissioner for Public Sector Employment; or
	(f)	the Health and Community Services Complaints Commissioner; or
	(g)	the Guardian.

Part 6—Child Development Council
Division 1—Child Development Council
46—Establishment of Child Development Council
	(1)	The Child Development Council is established.
	(2)	The Council consists of up to 12 members appointed by the Minister, being persons who collectively have, in the opinion of the Minister, the knowledge, skills and experience necessary to enable the Council to carry out its functions effectively.
	(3)	The Minister must, before appointing a member to the Council, call for expressions of interest under a scheme determined by the Minister for the purposes of this section.
	(4)	The Minister may appoint a person to be the deputy of a member of the Council.
	(5)	A deputy may act as a member of the Council during any period of absence of the member in relation to whom the deputy has been appointed.
47—Terms and conditions of membership
	(1)	Subject to this section, a member of the Council will hold office on conditions, and for a term (not exceeding 2 years), determined by the Minister and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment.
	(2)	The office of a member becomes vacant if the member—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice to the Minister; or
	(d)	is convicted of—
	(i)	an indictable offence against the law of this State; or
	(ii)	an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or
	(iii)	an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or
	(e)	is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or
	(f)	becomes a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016; or
	(g)	is removed from office by the Minister under subsection (3).
	(3)	The Minister may remove a member from office—
	(a)	for misconduct or conduct that may bring the Council into disrepute; or
	(b)	for breach of, or non-compliance with, a condition of appointment; or
	(c)	if the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or
	(d)	if the member has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or
	(e)	if the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or
	(f)	for incompetence or neglecting the duties of the position; or
	(g)	any other reason the Minister thinks fit.
	(4)	An act or proceeding of the Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.
48—Presiding member and deputy presiding member
The Minister must appoint 1 of the members of the Council to be the presiding member of the Council and 1 to be the deputy presiding member.
49—Delegation
	(1)	The Council may delegate a function or power under this Act (other than a prescribed function or power)—
	(a)	to a member of the Council; or
	(b)	to a committee established by the Council; or
	(c)	to a specified body or person (including a person for the time being holding or acting in a specified office or position).
	(2)	A delegation under this section—
	(a)	must be by instrument in writing; and
	(b)	may be absolute or conditional; and
	(c)	does not derogate from the ability of the Council to act in any matter; and
	(d)	is revocable at will.
	(3)	A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
50—Committees
	(1)	The Council may establish committees—
	(a)	to advise the Council; or
	(b)	to carry out functions on behalf of the Council.
	(2)	The membership of a committee will be determined by the Council and may, but need not, consist of, or include, members of the Council.
	(3)	The Council will determine who will be the presiding member of a committee.
	(4)	The procedures to be observed in relation to the conduct of the business of a committee will be—
	(a)	as determined by the Council; and
	(b)	insofar as a procedure is not determined under paragraph (a)—as determined by the committee.
51—Council's procedures
	(1)	Subject to this Act, a quorum of the Council consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1.
	(2)	The Council must meet at least 6 times in any calendar year.
	(3)	The presiding member will preside at a meeting of the Council and, in the absence of that person, or, in that member's absence, by the deputy presiding member and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Council must choose 1 of their number to preside at the meeting.
	(4)	A decision carried by a majority of the votes cast by members of the Council at a meeting is a decision of the Council.
	(5)	Each member present at a meeting of the Council has 1 vote on any question arising for decision (but, to avoid doubt, the member presiding at the meeting does not have a casting vote if the votes are equal).
	(6)	The Council must have accurate minutes kept of its meetings.
	(7)	Subject to this Act and any direction of the Minister, the Council may determine its own procedures.
52—Commissioner or representative may attend meetings of Council
The Commissioner, or a person authorised in writing by the Commissioner—
	(a)	may attend and take part in discussions at any meeting of the Council; and
	(b)	may have access to papers provided to members for the purposes of any meeting of the Council,
but does not have a vote on any question arising for decision at a meeting of the Council.
53—Staff and resources
The Minister must provide the Council with the staff and other resources that the Council reasonably needs for carrying out the Council's functions.
54—Use of staff etc of Public Service
The Council may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the staff, equipment or facilities of that administrative unit.
55—Functions and powers of Council
	(1)	The primary function of the Council is to prepare and maintain the Outcomes Framework for Children and Young People.
	(2)	The Council has the following additional functions:
	(a)	to advise and report to the Government on the effectiveness of the Outcomes Framework in—
	(i)	keeping children and young people safe from harm; and
	(ii)	ensuring that children and young people are cared for in a way that allows them to realise their potential; and
	(iii)	improving the physical and mental health, and the emotional wellbeing, of children and young people; and
	(iv)	improving the participation of children and young people in educational and vocational training; and
	(v)	improving the participation of children and young people in sporting, creative, cultural and other recreational activities; and
	(vi)	ensuring that children and young people are properly prepared for taking their position in society as responsible citizens; and
	(vii)	maintaining the cultural identity of children and young people;
	(b)	to promote the implementation of the Outcomes Framework in respect of matters affecting children and young people under the laws of the State;
	(c)	such other functions as may be assigned to the Council under this or any other Act or by the Minister.
	(3)	In performing the functions under this section, the Council should, as far as is reasonably practicable, seek to work collaboratively with—
	(a)	State authorities and Commonwealth agencies that have functions that are relevant to those of the Council; and
	(b)	relevant industry, professional and community groups and organisations.
	(4)	Subject to this Act, the Council has such powers as may be necessary or expedient for the performance of the Council's functions.
56—Reporting obligations
	(1)	The Council must, at the request of the Minister, provide a report to the Minister on the performance of its functions or on any other matter specified by Minister.
	(2)	The Council must, on or before 31 October in each year, report to the Minister on the performance of its functions during the preceding financial year.
	(3)	The Minister must, within 6 sitting days after receiving a report under subsection (2), have copies of the report laid before both Houses of Parliament.

Division 2—Outcomes Framework for Children and Young People
57—Outcomes Framework for Children and Young People
	(1)	There is to be an Outcomes Framework for Children and Young People.
	(2)	Without limiting any other matter that may be included in the Outcomes Framework, the Outcomes Framework must include a Charter for Children and Young People.
	(3)	The Outcomes Framework is to be prepared by the Child Development Council.
	(4)	The Council must, in preparing the Outcomes Framework—
	(a)	act in accordance with any instructions of the Minister; and
	(b)	consult with—
	(i)	the Commissioner; and
	(ii)	any other person or body prescribed by the regulations,
and may consult with any other person or body that the Council thinks appropriate; and
	(c)	engage children and young people, and their parents, carers and families; and
	(d)	ensure an appropriate focus on the needs of priority population groups; and
	(e)	develop performance indicators against which progress in relation to the development and wellbeing of children and young people in the State can be tracked over time.
	(5)	The regulations may make further provisions with regard to the Outcomes Framework including, without limiting the generality of this subsection, provisions relating to—
	(a)	how the Outcomes Framework is to be prepared; and
	(b)	the form of the Outcomes Framework and any variation of the Outcomes Framework; and
	(c)	the kinds of information to be included in the Outcomes Framework; and
	(d)	consultation requirements relating to the Outcomes Framework; and
	(e)	consideration and approval of the Outcomes Framework by the Minister; and
	(f)	requirements as to the ongoing review of the Outcomes Framework; and
	(g)	variation or substitution of the Outcomes Framework,
including provisions limiting a matter referred to in a preceding paragraph.
	(6)	The Outcomes Framework, and any variation or substitution of the Outcomes Framework, has effect from the time it is approved by the Minister.
	(7)	The Council must, on the Outcomes Framework or a variation of the Outcomes Framework being approved by the Minister—
	(a)	cause the Outcomes Framework or variation to be published in the Gazette; and
	(b)	cause the Outcomes Framework to be published on a website determined by the Minister.
58—Statutory duty of State authorities in respect of Outcomes Framework
	(1)	Every State authority must, in carrying out its functions or exercising its powers, have regard to, and seek to give effect to, the Outcomes Framework.
	(2)	A State authority will be taken not to be in breach of subsection (1) if the State authority is acting—
	(a)	in accordance with a requirement under this or any other Act; or
	(b)	in circumstances prescribed by the regulations.
	(3)	A failure by a State authority to comply with this section does not, of itself, give rise to any civil liability against the Crown, the State authority or any other person.

Part 7—Information gathering and sharing
59—No obligation to maintain secrecy
No obligation to maintain secrecy or other restriction on the disclosure of information applies in relation to the disclosure of information to the Commissioner, the Guardian or the Committee under this Act, except an obligation or restriction designed to keep the identity of an informant or notifier secret.
60—Commissioner may require State authority to provide report
	(1)	The Commissioner may, if the Commissioner is of the opinion that it is necessary or would otherwise assist the Commissioner in the performance of functions under this Act, require a State authority to prepare and provide a report to the Commissioner in relation to the matters, and in accordance with any requirements, specified in the notice.
	(2)	If a State authority has not complied with a requirement under subsection (1), the Commissioner may require the State authority to provide to the Commissioner within a specified period a report setting out the reasons for non-compliance.
	(3)	The Commissioner may, on receiving a report under subsection (2), submit a copy of the report to the Minister setting out the views of the Commissioner in respect of the State authority's non-compliance.
	(4)	The Minister must, on receiving a report under subsection (3), prepare a report to Parliament setting out—
	(a)	the Minister's response to the Commissioner's report; and
	(b)	any other information required by the regulations.
	(5)	The Minister must, within 6 sitting days after completing a report under subsection (4), cause a copy of both the report and the Commissioner's report under subsection (3) to be laid before both Houses of Parliament.
61—Commissioner, Guardian or Council may require information
	(1)	The Commissioner or the Guardian may, by notice in writing, require a specified person (whether or not the person is a State authority, or an officer or employee of a State authority) to provide to them such information, or such documents, as may be specified in the notice (being information or documents in the possession of the person or body that the Commissioner or Guardian reasonably requires for the performance of functions under this Act).
	(2)	A person of whom a requirement is made under subsection (1) must give the specified information or documents to the Commissioner or Guardian (as the case requires) within the period specified in the notice.
	(3)	A person who refuses or fails to comply with a notice under subsection (1) is guilty of an offence.
Maximum penalty: $10 000.
	(4)	If a State authority refuses or fails to comply with a notice under subsection (1), the Commissioner or Guardian (as the case requires) may, after consultation with the State authority—
	(a)	report the refusal or failure to the Minister and to the Minister responsible for the State authority (if any); and
	(b)	include details of the refusal or failure in the annual report of the Commissioner or Guardian.
	(5)	The Minister may, by notice in writing, exempt a specified person or body, or persons or bodies of a specified class, from the operation of this section.
	(6)	An exemption—
	(a)	may be conditional or unconditional; and
	(b)	may be varied or revoked by the Minister by further notice in writing.
62—Sharing of information between certain persons and bodies
	(1)	This section applies to the following persons and bodies:
	(a)	the Commissioner;
	(b)	the Guardian;
	(c)	the Committee;
	(d)	the Council;
	(e)	a State authority;
	(f)	any other person or body declared by the regulations to be included in the ambit of this subsection.
	(2)	Despite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirement set out in the regulations, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient—
	(a)	to perform official functions relating to the health, safety, welfare or wellbeing of a child or young person or class of children or young people; or
	(b)	to manage any risk to a child or young person or class of children or young people that might arise in the recipient’s capacity as an employer or provider of services.
	(3)	Despite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction.
	(4)	Subsection (3) applies—
	(a)	whether or not the information or documents consist of or include prescribed information and documents; and
	(b)	whether the information or document ever disclosed the identity of a person, or has been redacted so as to de-identify it.
	(5)	Information may be provided under this section regardless of whether the provider has been requested to provide the information.
	(6)	In this section—
prescribed information and documents means—
	(a)	information or documents relating to the health, safety, welfare or wellbeing of a particular child or young person or class of children or young people; or
	(b)	any other information or document of a kind prescribed by the regulations for the purposes of this definition.
63—Interaction with Public Sector (Data Sharing) Act 2016
Nothing in this Part affects the operation of the Public Sector (Data Sharing) Act 2016.

Part 8—Miscellaneous
64—Obstruction etc
A person must not, without reasonable excuse, obstruct, hinder, resist or improperly influence, or attempt to obstruct, hinder, resist or improperly influence, the Commissioner, the Guardian, the Committee or the Council in the performance or exercise of a function or power under this Act.
Maximum penalty: $10 000.
65—False or misleading statements
A person must not make a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided under this Act.
Maximum penalty: $10 000.
66—Confidentiality
	(1)	A person engaged or formerly engaged in the administration of this Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except—
	(a)	as required or authorised by or under this Act or any other Act or law; or
	(b)	with the consent of the person to whom the information relates; or
	(c)	in connection with the administration or enforcement of this or any other Act; or
	(d)	for the purposes of referring the matter to a law enforcement agency, or a person or agency exercising official duties under an Act relating to the care or protection of children; or
	(e)	to an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions; or
	(f)	if the disclosure is reasonably necessary for the protection of the lawful interests of that person.
Maximum penalty: $10 000.
	(2)	Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.
	(3)	Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—
	(a)	the person to whom the information was disclosed; or
	(b)	any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.
Maximum penalty: $10 000.
	(4)	The regulations may make further provision in respect of the disclosure of information obtained in the course of the administration of this Act.
67—Victimisation
	(1)	A person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has provided, or intends to provide, information under this Act commits an act of victimisation.
	(2)	Causing detriment on the ground that a person—
	(a)	has made a false allegation; or
	(b)	has not acted in good faith,
does not constitute an act of victimisation.
	(3)	An act of victimisation under this Act may be dealt with—
	(a)	as a tort; or
	(b)	as if it were an act of victimisation under the Equal Opportunity Act 1984,
but, if the victim commences proceedings in a court seeking a remedy in tort, the victim cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim cannot subsequently commence proceedings in a court seeking a remedy in tort.
	(4)	If a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint.
	(5)	In proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation.
	(6)	A person who personally commits an act of victimisation under this Act is guilty of an offence.
Maximum penalty: $10 000.
	(7)	Proceedings for an offence against subsection (6) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions.
	(8)	In this section—
detriment includes—
	(a)	injury, damage or loss; or
	(b)	intimidation or harassment; or
	(c)	discrimination, disadvantage or adverse treatment in relation to a person's employment; or
	(d)	threats of reprisal.
68—Protections, privileges and immunities
	(1)	No liability attaches to the Commissioner, the Guardian, a member of the Committee, a member of the Council or any other person for any act or omission in good faith in the exercise or purported exercise of powers or functions under this or any other Act.
	(2)	Nothing in this Act affects the privileges, immunities or powers of the Legislative Council or House of Assembly or their committees or members.
	(3)	Nothing in this Act affects any rule or principle of law relating to—
	(a)	legal professional privilege; or
	(b)	"without prejudice" privilege; or
	(c)	public interest immunity.
	(4)	A person is excused from answering a question or producing a document or other material in connection with an inquiry if the person could not be compelled to answer the question or produce the document or material in proceedings in the Supreme Court.
	(5)	The Commissioner has, in connection with an inquiry under section 15, the same protection, privileges and immunities as a Judge of the Supreme Court.
	(6)	A person who provides information or a document to an inquiry under this Act has the same protection, privileges and immunities as a witness in proceedings before the Supreme Court.
	(7)	A legal practitioner who represents a person in connection with an inquiry under this Act has the same protection, privileges, immunities and obligations as counsel involved in proceedings before the Supreme Court.
	(8)	A person who does anything in accordance with this Act, or as required or authorised by or under this Act, cannot by so doing be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct.
69—Service
	(1)	Subject to this Act, a notice or document required or authorised to be given to a person for the purposes of this Act may—
	(a)	be given to the person personally; or
	(b)	be posted in an envelope addressed to the person at the person's last known residential, business or (in the case of a corporation) registered address; or
	(c)	be left for the person at the person's last known residential, business or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or
	(d)	be transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission).
	(2)	Without limiting the effect of subsection (1), a notice or other document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act.
70—Review of Act
	(1)	The Minister must cause a review of the operation of this Act to be conducted and a report on the review to be prepared and submitted to the Minister.
	(2)	The review and the report must be completed before the third anniversary of the commencement of this Act.
	(3)	The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.
71—Regulations
	(1)	The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
	(2)	Without limiting the generality of subsection (1), the regulations may provide for—
	(a)	the exemption of a person, or a class of persons, from the operation of a specified provision or provisions of this Act; and
	(b)	fees in respect of any matter under this Act and their payment, recovery or waiver; and
	(c)	fines, not exceeding $10 000, for offences against the regulations; and
	(d)	facilitation of proof of the commission of offences against the regulations.
	(3)	The regulations may—
	(a)	be of general or limited application; and
	(b)	make different provision according to the matters or circumstances to which they are expressed to apply; and
	(c)	make provisions of a saving or transitional nature; and
	(d)	provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of a specified person or body; and
	(e)	apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person or body.
	(4)	If a code, standard or other document is referred to or incorporated in the regulations—
	(a)	a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and
	(b)	evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.

Schedule 1—Related amendments and transitional provisions
Part 1—Preliminary
1—Amendment provisions
In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Children's Protection Act 1993
2—Repeal of Part 7A
Part 7A—delete the Part
3—Repeal of Part 7B
Part 7B—delete the Part
4—Repeal of Part 7C
Part 7C—delete the Part
Part 3—Amendment of Freedom of Information Act 1991
5—Amendment of Schedule 2—Exempt agencies
Schedule 2—after paragraph (eb) insert:
	(ec)	the Commissioner for Children and Young People;
	(ed)	the Guardian for Children and Young People;
	(ee)	the Child Death and Serious Injury Review Committee;
	(ef)	the Child Development Council;
Part 4—Amendment of Health and Community Services Complaints Act 2004
6—Amendment of section 4—Interpretation
Section 4(1), definition of community service, (c)—delete "has been abused or neglected, or allegedly abused or neglected, and includes any service that relates to the notification of any case of child abuse or neglect (or alleged child abuse or neglect), or the investigation of a case where a child may be in need of care or protection, or any subsequent action taken by a service provider arising from any such investigation" and substitute:
is, or has been or may be, at risk (within the meaning of Children and Young People (Safety) Act 2016) and includes—
	(a)	any service that relates to a notification that a child is, or may be, at risk; and
	(b)	any investigation of a case where a child is, or may be, at risk, and any subsequent action taken by a service provider arising from such an investigation;
7—Amendment of section 27—Time within which a complaint may be made
Section 27—after subsection (3) insert:
	(4)	This section does not apply in relation to a complaint made by the Commissioner for Children and Young People or the Guardian for Children and Young People under the Children and Young People (Oversight and Advocacy Bodies) Act 2016.
8—Insertion of Part 4 Division 1A
After section 28 insert:
Division 1A—Certain complaints to be referred to Ombudsman
28A—Commissioner to refer certain complaints to Ombudsman
	(1)	Subject to this section, the Commissioner must refer a complaint that is a prescribed child protection complaint to the Ombudsman to be dealt with under the Ombudsman Act 1972.
	(2)	The Commissioner and the Ombudsman may enter into an administrative arrangement to identify classes of prescribed child protection complaints that are to be dealt with by the Commissioner under this Act (and subsection (1) will be taken not to apply to such complaints).
	(3)	An administrative arrangement may be varied or revoked by agreement between the Commissioner and the Ombudsman.
	(4)	A copy of an administrative arrangement, as in force from time to time, must be published on a website determined by the Minister.
	(5)	The Minister must, within 6 sitting days after an administrative arrangement is entered under subsection (2), cause a copy of the administrative arrangement to be laid before both Houses of Parliament.
	(6)	Without limiting a provision of the Ombudsman Act 1972, the Ombudsman, in dealing with a prescribed child protection complaint, has the same jurisdiction and any additional powers that the Health and Community Services Complaints Commissioner would have under this Act in respect of such a complaint.
	(7)	For the purposes of the Ombudsman Act 1972, a complaint referred under this section will be taken to be a complaint received under that Act.
	(8)	In this section—
administrative act has the same meaning as in the Ombudsman Act 1972;
at risk has the same meaning as in the Children and Young People (Safety) Act 2016;
prescribed child protection complaint means—
	(a)	a complaint relating to a health or community service—
	(i)	that is provided to, or for the benefit of, a child who may be, or who has been, at risk; or
	(ii)	that consists of, or includes, a notification (whether mandatory or otherwise) of a suspicion that a child may be at risk; or
	(iii)	that consists of, or includes or arises out of, an investigation of a case where a child may be at risk; or
	(iv)	that is provided to, or for the benefit of, a child who is under the guardianship, or in the custody of, the Minister or another person under the Children and Young People (Safety) Act 2016,
where the provision of the service constitutes an administrative act on the part of an agency to which the Ombudsman Act 1972 applies; or
	(b)	any other complaint of a kind declared by the regulations to be included in the ambit of this definition,
but does not include a complaint of a kind declared by the regulations not to be included in the ambit of this definition.
Part 5—Amendment of Ombudsman Act 1972
9—Amendment of section 13—Matters subject to investigation
	(1)	Section 13—after subsection (3a) insert:
	(3b)	Despite subsection (3), the Ombudsman may investigate a prescribed child protection complaint.
	(3c)	To avoid doubt, subsection (3b) applies whether the prescribed child protection complaint—
	(a)	is made by the Commissioner for Children and Young People or the Guardian for Children and Young People under the Children and Young People (Oversight and Advocacy Bodies) Act 2016; or
	(b)	is referred to the Ombudsman by the Commissioner under section 28A of the Health and Community Services Complaints Act 2004; or
	(c)	is made under this Act.
	(3d)	Without limiting any other provision of this Act, the Ombudsman, in respect of an investigation under subsection (3b), has any additional powers that the Health and Community Services Complaints Commissioner would have under the Health and Community Services Complaints Act 2004 if the Commissioner were investigating such a complaint under that Act.
	(3e)	Without limiting any other provision of this Act, the Ombudsman must, in the course of an investigation under subsection (3b)—
	(a)	have regard, and seek to give effect, to the Health and Community Services Rights Charter under the Health and Community Services Complaints Act 2004, as in force from time to time;
	(b)	where appropriate, have regard to any code of conduct prescribed under section 56A of the Health and Community Services Complaints Act 2004.
	(2)	Section 13—after subsection (4) insert:
	(5)	A reference in this or any other provision of this Act to an administrative act will be taken to include a reference to the service, activity or omission to which a prescribed child protection complaint relates.
	(6)	In this section—
at risk has the same meaning as in the Children and Young People (Safety) Act 2016;
prescribed child protection complaint has the same meaning as in section 28A of the Health and Community Services Complaints Act 2004.
10—Amendment of section 15—Persons who may make complaints
Section 15—after subsection (3a) insert:
	(3b)	Subsection (3a) does not apply in relation to a complaint made by the Commissioner for Children and Young People or the Guardian for Children and Young People under the Children and Young People (Oversight and Advocacy Bodies) Act 2016.
11—Amendment of section 16—Time within which complaints may be made
Section 16—after subsection (2) insert:
	(3)	This section does not apply in relation to a complaint made by the Commissioner for Children and Young People or the Guardian for Children and Young People under the Children and Young People (Oversight and Advocacy Bodies) Act 2016.
Part 6—Transitional provisions
12—Guardian for Children and Young People
	(1)	The person who, immediately before the commencement of clause 2 of this Schedule, was the Guardian for Children and Young Persons under the Children's Protection Act 1993 will continue as the Guardian for Children and Young People as if he or she were appointed under Part 3 of this Act.
	(2)	The appointment will be taken to be subject to any terms, conditions or limitations applicable to the Guardian for Children and Young Persons immediately before the commencement of clause 2 of this Schedule.

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