Title: Children's Protection Law Reform (Transitional Arrangements andRelated Amendments) Bill 2017
Author: Office of Parliamentary Counsel
Last saved by: Mrs Baharak Teimorzadeh
Category: parliamentary.copy
Document comments: ha263

House of Assembly—No 263
As introduced under suspension of Standing Orders read a first time and passed through remaining stages without amendment 14 November 2017

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Contents

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 1—Preliminary

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Preliminary—Part 1

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 2—Transitional provisions relating to Child Safety (Prohibited Persons) Act 2016

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Transitional provisions relating to Child Safety (Prohibited Persons) Act 2016—Part 2

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 3—Transitional provisions relating to Children and Young People (Oversight and Advocacy Bodies) Act 2016

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Transitional provisions relating to Children and Young People (Oversight and Advocacy Bodies) Act 2016—Part 3

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 4—Transitional provisions relating to Children and Young People (Safety) Act 2017

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Transitional provisions relating to Children and Young People (Safety) Act 2017—Part 4

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 5—Amendment of Births, Deaths and Marriages Registration Act 1996

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Births, Deaths and Marriages Registration Act 1996—Part 5

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 6—Amendment of Carers Recognition Act 2005

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Carers Recognition Act 2005—Part 6

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 7—Amendment of Child Safety (Prohibited Persons) Act 2016

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Child Safety (Prohibited Persons) Act 2016—Part 7

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 8—Amendment of Child Sex Offenders Registration Act 2006

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Child Sex Offenders Registration Act 2006—Part 8

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 9—Amendment of Children and Young People (Oversight and Advocacy Bodies) Act 2016

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Children and Young People (Oversight and Advocacy Bodies) Act 2016—Part 9

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 10—Amendment of Children and Young People (Safety) Act 2017

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Children and Young People (Safety) Act 2017—Part 10

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 11—Amendment of Coroners Act 2003

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Coroners Act 2003—Part 11

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 12—Amendment of Criminal Law Consolidation Act 1935

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Criminal Law Consolidation Act 1935—Part 12

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 13—Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011—Part 13

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 14—Amendment of Family and Community Services Act 1972

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Family and Community Services Act 1972—Part 14

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 15—Amendment of Intervention Orders (Prevention of Abuse) Act 2009

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Intervention Orders (Prevention of Abuse) Act 2009—Part 15

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 16—Amendment of Mental Health Act 2009

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Mental Health Act 2009—Part 16

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 17—Amendment of Residential Tenancies Act 1995

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Residential Tenancies Act 1995—Part 17

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 18—Amendment of Spent Convictions Act 2009

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Spent Convictions Act 2009—Part 18

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 19—Amendment of Summary Offences Act 1953

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Summary Offences Act 1953—Part 19

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 20—Amendment of Summary Procedure Act 1921

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Summary Procedure Act 1921—Part 20

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 21—Amendment of Teachers Registration and Standards Act 2004

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Teachers Registration and Standards Act 2004—Part 21

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 22—Amendment of Youth Court Act 1993

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Youth Court Act 1993—Part 22

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Part 23—Amendment of Youth Justice Administration Act 2016

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
Amendment of Youth Justice Administration Act 2016—Part 23

South Australia
Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Bill 2017
A Bill For
An Act to make transitional arrangements and related amendments to various Acts consequent upon the enactment of the Child Safety (Prohibited Persons) Act 2016, the Children and Young People (Oversight and Advocacy Bodies) Act 2016 and the Children and Young People (Safety) Act 2017.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
4	Interpretation
Part 2—Transitional provisions relating to Child Safety (Prohibited Persons) Act 2016
5	Interpretation
6	Expiry of Part
7	Certain applications for assessments of relevant history taken to be application for working with children check
8	Recognition of certain assessments of relevant history as working with children checks
9	Transitional provisions—teachers
10	Transitional provisions—persons employed under Children's Services Act 1985
11	Transitional provisions—health practitioners
12	Transitional provisions—foster parents
13	Transitional provisions—licensed foster care agencies
14	Transitional provisions—licensed children's residential facilities
15	Transitional provisions—employees in training centres etc
16	Transitional provisions—passenger transport services
17	Evidentiary provision
Part 3—Transitional provisions relating to Children and Young People (Oversight and Advocacy Bodies) Act 2016
18	Interpretation
19	Expiry of Part
20	Continuation of members of Child Death and Serious Injury Review Committee
21	Continuation of chair as presiding member
Part 4—Transitional provisions relating to Children and Young People (Safety) Act 2017
22	Interpretation
23	References to working with children checks and the Child Safety (Prohibited Persons) Act 2016 etc
24	Chief Executive to be guardian of certain children and young people
25	Chief Executive to have custody of certain children and young people
26	Continuation of voluntary custody agreements
27	Continuation of approved foster parents as approved carers
28	Continuation of licensed foster care agencies
29	Continuation of licence to maintain children's residential facilities
30	Notifications of abuse or neglect and investigations etc under repealed Act to continue
31	Continuation of family care meetings under repealed Act
32	Orders relating to access to child or young person to continue as determination of Chief Executive
33	Continuation of certain delegations under Family and Community Services Act 1972
34	References to Families SA
35	Application of Chapter 7 Part 8 of Children and Young People (Safety) Act 2017 to certain children and young people
36	Certain policies and procedures taken to satisfy Chapter 8 of Children and Young People (Safety) Act 2017
37	Certain persons the subject of interim registration taken to be approved carers under Children and Young People (Safety) Act 2017
38	Certain commercial carers taken to be approved carers under Children and Young People (Safety) Act 2017
Part 5—Amendment of Births, Deaths and Marriages Registration Act 1996
39	Amendment of section 25—Application to register change of child's name
40	Insertion of section 25A
25A	Change of name of child under guardianship
41	Amendment of section 38A—Notification by court appointed guardians
Part 6—Amendment of Carers Recognition Act 2005
42	Amendment of section 5—Meaning of carer
Part 7—Amendment of Child Safety (Prohibited Persons) Act 2016
43	Amendment of section 5—Interpretation
44	Amendment of section 8—Meaning of assessable information
Part 8—Amendment of Child Sex Offenders Registration Act 2006
45	Amendment of Schedule 1—Class 1 and 2 offences
Part 9—Amendment of Children and Young People (Oversight and Advocacy Bodies) Act 2016
46	Insertion of section 13A
13A	Reporting obligations
47	Amendment of section 26—Functions and powers of Guardian
48	Amendment of section 37—Functions of the Committee
Part 10—Amendment of Children and Young People (Safety) Act 2017
49	Amendment of section 28—Chief Executive to prepare case plan in respect of certain children and young people
50	Amendment of section 32—Chief Executive must assess and take action on each report indicating child or young person may be at risk
51	Amendment of section 33—Chief Executive may refer matter
52	Amendment of section 53—Orders that can be made by Court
53	Amendment of section 90—Long‑term care plan to be prepared
54	Amendment of section 103—Interpretation
55	Insertion of Chapter 7 Part 7A
Part 7A—Assessment of employees in other residential facilities
110A	Persons not to be employed in certain residential facilities established under Family and Community Services Act 1972
56	Insertion of section 112A
112A	Chief Executive may provide assistance to persons caring for children and young people
57	Amendment of section 163—Protection of identity of persons who report to or notify Department
58	Insertion of section 166A
166A	Limitation on tortious liability for acts of certain children and young people
59	Amendment of section 170—Regulations
60	Amendment of Schedule 1—Repeal and related amendment
Part 2—Amendment and repeal of Children's Protection Act 1993
2	Amendment of Children's Protection Act 1993
2A	Repeal of Children's Protection Act 1993
Part 11—Amendment of Coroners Act 2003
61	Amendment of section 3—Interpretation
Part 12—Amendment of Criminal Law Consolidation Act 1935
62	Amendment of section 5—Interpretation
63	Amendment of section 49—Unlawful sexual intercourse
64	Amendment of section 50—Persistent sexual exploitation of a child
65	Amendment of section 57—Consent no defence in certain cases
66	Amendment of section 63B—Procuring child to commit indecent act etc
Part 13—Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011
67	Amendment of section 3—Interpretation
68	Amendment of section 13—Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction
69	Insertion of section 13A
13A	Working with children checks
70	Amendment of section 22—Composition of Board
71	Amendment section 23—Conditions of membership
72	Amendment of section 27—Registrars of Board
73	Amendment of section 28—Staff of Board
Part 14—Amendment of Family and Community Services Act 1972
74	Amendment of section 6—Interpretation
75	Amendment of section 8—Delegation
76	Repeal of Part 2 Division 3
77	Repeal of Part 2 Division 5
78	Amendment of section 23—Special welfare funds
79	Amendment of section 36—Establishment of facilities and programmes for children
80	Repeal of Part 4 Division 2 Subdivision 3
81	Repeal of Part 4 Division 2 Subdivision 4
82	Repeal of Part 4 Division 2 Subdivision 8
83	Amendment of section 98—Liability of near relatives for maintenance of child
84	Amendment of section 99—Issue of summons for maintenance
85	Amendment of section 104—Order for payment of preliminary expenses
86	Amendment of section 105—Where order made during pregnancy
87	Amendment of section 111—Power of Chief Executive to accept settlement in full
88	Amendment of section 117—Order for payment of medical and like expenses
89	Amendment of section 142—Evidentiary provision
90	Amendment of section 145—Variation of order against near relative of child
91	Amendment of section 151—Orders may direct mode of payment
92	Amendment of section 156—Order for delivery of attached property
93	Amendment of section 158—Liability of persons contravening order
94	Amendment of section 159—Collection by police of money due to Chief Executive
95	Amendment of section 160—Caveats
96	Amendment of section 161—Warrant to enforce payments under orders
97	Amendment of section 163—Sale under warrant
98	Amendment of section 164—Assurances to purchaser
99	Amendment of section 165—Issue of warrant without previous demand
100	Amendment of section 166—Effect of payment under warrant
101	Amendment of section 176—Application for attachment of earnings order
102	Amendment of section 177—Employer to make payments under order
103	Amendment of section 179—Discharge, suspension or variation of order
104	Amendment of section 180—Cessation of attachment of earnings order
105	Amendment of section 183—Notice to defendants of payments made
106	Amendment of section 189—Payments by Crown etc
107	Amendment of section 195—Proof of payment or non-payment under maintenance order
108	Amendment of section 197—Collector of Maintenance, Deputy Collector of Maintenance and Assistant Collectors of Maintenance
109	Repeal of section 236
110	Amendment of section 236A—Hindering a person in execution of duty
111	Amendment of section 240—Evidentiary provision
112	Amendment of section 242—Chief Executive may require report
113	Repeal of section 250
114	Repeal of section 250A
115	Amendment of section 251—Regulations
Part 15—Amendment of Intervention Orders (Prevention of Abuse) Act 2009
116	Amendment of section 3—Interpretation
117	Amendment of section 10—Principles for intervention against abuse
118	Amendment of section 16—Inconsistent Family Law Act or State child protection orders
119	Amendment of section 20—Application to Court for intervention order
120	Amendment of section 23—Determination of application for intervention order
121	Amendment of section 26—Intervention orders
Part 16—Amendment of Mental Health Act 2009
122	Amendment of section 86—Minister's functions
Part 17—Amendment of Residential Tenancies Act 1995
123	Amendment of section 89A—Termination based on domestic abuse
124	Amendment of section 105UA—Termination based on abuse of rooming house resident
125	Amendment of section 112—Restraining orders
Part 18—Amendment of Spent Convictions Act 2009
126	Amendment of clause 13—Exclusions
127	Amendment of clause 13A—Exclusions may not apply
128	Amendment of Schedule 2—Provisions relating to proceedings before a qualified magistrate
Part 19—Amendment of Summary Offences Act 1953
129	Substitution of section 66V
66V	Power to remove children from dangerous situations
Part 20—Amendment of Summary Procedure Act 1921
130	Amendment of section 99AAC—Child protection restraining orders
131	Amendment of section 99KA—Special restrictions relating to child protection restraining order proceedings
Part 21—Amendment of Teachers Registration and Standards Act 2004
132	Amendment of section 3—Interpretation
133	Amendment of section 9—Membership of Teachers Registration Board
134	Amendment of section 10—Terms and conditions of membership
135	Amendment of section 21—Eligibility for registration
136	Amendment of section 22—Application for registration
137	Amendment of section 24—Conditions of registration
138	Insertion of section 24A
24A	Automatic cancellation of registration of prohibited persons
139	Amendment of section 28—Register
140	Amendment of section 30—Special authority for unregistered person to teach
141	Amendment of section 31—Register
142	Amendment of section 33—Cause for disciplinary action
143	Insertion of section 33A
33A	Suspension of teacher's registration if working with children check not current etc
144	Amendment of section 37—Employer to report dismissal
145	Insertion of section 52A
52A	Notification to employer that teacher is a prohibited person etc
146	Amendment of section 61—Regulations
Part 22—Amendment of Youth Court Act 1993
147	Amendment of section 7—Jurisdiction
Part 23—Amendment of Youth Justice Administration Act 2016
148	Amendment of section 3—Objects and guiding principles
149	Amendment of section 4—Interpretation
150	Amendment of section 10—Official visitors
151	Amendment of section 14—Training Centre Visitor's functions
152	Amendment of section 43—Community programs
153	Insertion of section 21A
21A	Persons not to be employed in training centres etc unless assessed

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017.
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—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
4—Interpretation
	(1)	In this Act, unless the contrary intention appears—
assessment of relevant history means an assessment of relevant history conducted under the Children's Protection Act 1993 (as in force immediately before the commencement of this section) by an authorised screening unit;
authorised screening unit means a person or body who was, at the relevant time, an authorised screening unit within the meaning of the Children's Protection Regulations 2010;
criminal history report means a criminal history report prepared by South Australia Police, CrimTrac or the Australian Crime Commission;
transitional period means the period—
	(a)	commencing on the day on which this section comes into operation; and
	(b)	ending on—
	(i)	if the Minister, by notice in the Gazette, specifies a day on which the transitional period is to end—that day; or
	(ii)	if the Minister does not specify a day under subparagraph (i)—3 years after the day on which this section comes into operation.
	(2)	For the purposes of this Act, a reference to a person becoming a prohibited person under the Child Safety (Prohibited Persons) Act 2016 will be taken to include a reference to a person who is a prohibited person by force of section 15 of that Act on the day that section comes into operation.

Part 2—Transitional provisions relating to Child Safety (Prohibited Persons) Act 2016
5—Interpretation
Unless the contrary intention appears, a term or phrase used in this Part that is defined in the Child Safety (Prohibited Persons) Act 2016 has the same meaning as in that Act.
6—Expiry of Part
This Part will expire on the day that the transitional period ends.
7—Certain applications for assessments of relevant history taken to be application for working with children check
	(1)	This section applies to an application for an assessment of relevant history made to an authorised screening unit before the commencement of this section but not determined before such commencement.
	(2)	An application to which this section applies will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be an application to the central assessment unit for a working with children check under section 27 of that Act (and the application will, unless the central assessment unit determines otherwise, be taken to have satisfied the requirements set out in section 27(1) of that Act).
8—Recognition of certain assessments of relevant history as working with children checks
	(1)	An assessment of relevant history conducted in respect of a person within the 3 years preceding the commencement of this section will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be a working with children check in respect of the person conducted under that Act.
	(2)	However, this section ceases to apply to an assessment of relevant history in respect of a particular person if either of the following occurs:
	(a)	the person becomes a prohibited person;
	(b)	a working with children check is conducted in relation to the person.
	(3)	To avoid doubt, an assessment of relevant history referred to in subsection (1) clearing a person for child‑related employment (however described) will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be a determination of the central assessment unit made at the relevant time that the person is not to be prohibited from working with children.
	(4)	The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person contemplated by subsection (1) (being a person to whom a unique identifier has not previously been issued under that Act).
9—Transitional provisions—teachers
	(1)	This section applies to a person who, immediately before the commencement of this section—
	(a)	was a registered teacher (within the meaning of the Teachers Registration and Standards Act 2004) whose registration was in force; or
	(b)	was the subject of a special authority to teach granted under section 30 of the Teachers Registration and Standards Act 2004 that was in force.
	(2)	However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
	(a)	the person becomes a prohibited person;
	(b)	a working with children check is conducted in relation to the person;
	(c)	the person's current registration as a teacher, or the special authority to teach, (as the case requires) expires;
	(d)	the person's registration as a teacher, or the special authority to teach, (as the case requires) is cancelled or revoked for any reason.
	(3)	The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
	(a)	section 16;
	(b)	section 17;
	(c)	section 18.
	(4)	The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
10—Transitional provisions—persons employed under Children's Services Act 1985
	(1)	This section applies to a person who—
	(a)	was, immediately before the commencement of this section, employed in a registered children's services centre under section 12 of the Children's Services Act 1985; and
	(b)	either—
	(i)	is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section; or
	(ii)	did both of the following:
	(A)	obtained a criminal history report in the 3 years immediately preceding the commencement of this section;
	(B)	provided a copy of the report to the employing authority under the Children's Services Act 1985.
	(2)	However, this section ceases to apply to a person referred to in subsection (1) if either of the following occurs:
	(a)	the person becomes a prohibited person;
	(b)	a working with children check is conducted in relation to the person.
	(3)	The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
	(a)	section 16;
	(b)	section 17;
	(c)	section 18.
	(4)	The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
11—Transitional provisions—health practitioners
	(1)	This section applies to a person who, immediately before the commencement of this section, was a registered health practitioner.
	(2)	However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
	(a)	the person becomes a prohibited person;
	(b)	a working with children check is conducted in relation to the person;
	(c)	the person's registration as a registered health practitioner expires or is cancelled or revoked for any reason.
	(3)	The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
	(a)	section 16;
	(b)	section 17;
	(c)	section 18.
	(4)	The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
	(5)	In this section—
registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law (South Australia).
12—Transitional provisions—foster parents
	(1)	This section applies to a person who—
	(a)	was, immediately before the commencement of this section, an approved foster parent under section 43 of the Family and Community Services Act 1972; and
	(b)	is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.
	(2)	To avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was a fit and proper person under section 42 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.
	(3)	However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
	(a)	the person becomes a prohibited person;
	(b)	a working with children check is conducted in relation to the person;
	(c)	the current period of the person's approval as an approved carer (as continued under section 27 of this Act) expires;
	(d)	the person's approval as an approved carer (as continued under section 27 of this Act) is cancelled or revoked for any reason.
	(4)	The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
	(a)	section 16;
	(b)	section 17;
	(c)	section 18.
	(5)	The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
13—Transitional provisions—licensed foster care agencies
	(1)	This section applies to a person who—
	(a)	was, immediately before the commencement of this section, licensed as a foster care agency under section 48 of the Family and Community Services Act 1972; and
	(b)	is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.
	(2)	To avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was a fit and proper person under section 48 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.
	(3)	However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
	(a)	the person becomes a prohibited person;
	(b)	a working with children check is conducted in relation to the person;
	(c)	the current period of the person's licence as a foster care agency (as continued under section 28 of this Act) expires;
	(d)	the person's licence as a foster care agency (as continued under section 28 of this Act) is cancelled for any reason.
	(4)	The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
	(a)	section 16;
	(b)	section 17;
	(c)	section 18.
	(5)	The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
14—Transitional provisions—licensed children's residential facilities
	(1)	This section applies to a person who—
	(a)	was, immediately before the commencement of this section, the holder of a licence to maintain a children's residential facility under section 51 of the Family and Community Services Act 1972; and
	(b)	is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.
	(2)	To avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was suitable to maintain a children's residential facility under section 51 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.
	(3)	However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
	(a)	the person becomes a prohibited person;
	(b)	a working with children check is conducted in relation to the person;
	(c)	the current period of the person's licence to maintain a children's residential facility (as continued under section 29 of this Act) expires;
	(d)	the person's licence to maintain a children's residential facility (as continued under section 29 of this Act) is cancelled for any reason.
	(4)	The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
	(a)	section 16;
	(b)	section 17;
	(c)	section 18.
	(5)	The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
15—Transitional provisions—employees in training centres etc
	(1)	This section applies to a person who—
	(a)	was, immediately before the commencement of this section, employed in—
	(i)	a training centre established under the Family and Community Services Act 1972 or the Youth Justice Administration Act 2016; or
	(ii)	a correctional institution (within the meaning of the Correctional Services Act 1982) in which children or young people are detained; and
	(b)	is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.
	(2)	However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
	(a)	the person becomes a prohibited person;
	(b)	a working with children check is conducted in relation to the person.
	(3)	The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
	(a)	section 16;
	(b)	section 17;
	(c)	section 18.
	(4)	The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
16—Transitional provisions—passenger transport services
	(1)	This section applies to the following persons:
	(a)	a person who was, immediately before the commencement of this section, the holder of a current accreditation for a passenger transport service operated by the person granted under section 27 of the Passenger Transport Act 1994;
	(b)	a person who was, immediately before the commencement of this section, the holder of a current accreditation for a driver of a public passenger vehicle granted under section 28 of the Passenger Transport Act 1994;
	(c)	a person who was, immediately before the commencement of this section, the holder of a current accreditation for an operator of a centralised booking service granted under section 29 of the Passenger Transport Act 1994.
	(2)	However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
	(a)	the person becomes a prohibited person;
	(b)	a working with children check is conducted in relation to the person;
	(c)	the person's accreditation expires or is revoked for any reason.
	(3)	The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
	(a)	section 16;
	(b)	section 17;
	(c)	section 18.
	(4)	The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
17—Evidentiary provision
	(1)	In any proceedings under the Child Safety (Prohibited Persons) Act 2016, a document issued by an authorised screening unit and purporting to be a child‑related employment screening letter or a child‑related employment screening‑cleared letter, or a certificate issued by the authorised screening unit in accordance with regulation 8A of the Children's Protection Regulations 2010, and stating that an assessment of relevant history had been conducted in relation to a specified person on a specified date will, in the absence of evidence to the contrary, be taken to be proof of the matters so stated.
	(2)	In proceedings for an offence against the Child Safety (Prohibited Persons) Act 2016, an allegation in an information that an assessment of relevant history relating to a specified person had, or had not, been conducted on a specified day or within a specified period must be accepted as proved in the absence of evidence to the contrary.

Part 3—Transitional provisions relating to Children and Young People (Oversight and Advocacy Bodies) Act 2016
18—Interpretation
Unless the contrary intention appears, a term or phrase used in this Part that is defined in the Children and Young People (Oversight and Advocacy Bodies) Act 2016 has the same meaning as in that Act.
19—Expiry of Part
This Part will expire on the day that the transitional period ends.
20—Continuation of members of Child Death and Serious Injury Review Committee
	(1)	Subject to the Children and Young People (Oversight and Advocacy Bodies) Act 2016, the appointment of a member of the Child Death and Serious Injury Review Committee under the Children's Protection Act 1993 holding office immediately before the commencement of this section will continue for the remainder of their term of office (and the appointment will, for the purposes of the Children and Young People (Oversight and Advocacy Bodies) Act 2016, be taken to be an appointment by the Minister under section 30 of that Act).
	(2)	An appointment continued under this section will be taken to be subject to any terms, conditions or limitations applicable to the appointment immediately before the commencement of this clause.
21—Continuation of chair as presiding member
The member of the Child Death and Serious Injury Review Committee who was, immediately before the commencement of this section, the chair of the Committee will continue as the presiding member of the Committee (and will, for the purposes of the Children and Young People (Oversight and Advocacy Bodies) Act 2016, be taken to have been appointed by the Minister under section 32 of that Act).

Part 4—Transitional provisions relating to Children and Young People (Safety) Act 2017
22—Interpretation
	(1)	Subject to this Part, and unless the contrary intention appears, a term or phrase used in this Part that is defined in the Children and Young People (Safety) Act 2017 has the same meaning as in that Act.
	(2)	In this Part—
repealed Act means the Children's Protection Act 1993.
23—References to working with children checks and the Child Safety (Prohibited Persons) Act 2016 etc
	(1)	For the purposes of the Children and Young People (Safety) Act 2017, a reference in that Act to a working with children check will be taken to include a reference to an assessment of relevant history.
	(2)	For the purposes of section 72(3)(b)(i) of the Children and Young People (Safety) Act 2017, a reference in that subparagraph to having regard to the operation of the Child Safety (Prohibited Persons) Act 2016 will, to the extent that it includes having regard to the working with children check scheme, will be taken to include a reference to having regard to the operation of sections 8B and 8BA of the Children's Protection Act 1993 (as in force immediately before the commencement of this section).
	(3)	For the purposes of paragraph (b) of the definition of prescribed organisation in section 114(7) of the Children and Young People (Safety) Act 2017, a reference in that paragraph to persons or bodies who provide a service or undertake an activity that constitutes child‑related work under the Child Safety (Prohibited Persons) Act 2016 will be taken to include a reference to organisations to which section 8C of the Children's Protection Act 1993 applied immediately before the commencement of this section.
24—Chief Executive to be guardian of certain children and young people
	(1)	This section applies to a child or young person who was, immediately before the commencement of this section, under the guardianship of the Minister pursuant to an order of the Court under the repealed Act.
	(2)	On the commencement of this section a child or young person to whom this section applies will, by force of this subsection, be taken to be under the guardianship of the Chief Executive.
	(3)	A placement of a child or young person to whom this section applies pursuant to the repealed Act will be taken to continue in effect as if the child or young person were so placed by the Chief Executive under section 84 of the Children and Young People (Safety) Act 2017 (and the placement will, for the purposes of that Act, be taken to be a placement under that section).
	(4)	On the commencement of this clause, a reference in any order or other document or instrument to the Minister in the Minister's capacity as guardian of a child or young person to whom this section applies will be taken to be a reference to the Chief Executive in that capacity.
25—Chief Executive to have custody of certain children and young people
	(1)	This section applies to a child or young person who was, immediately before the commencement of this section, in the custody of the Minister pursuant to an order of the Court under the repealed Act.
	(2)	Subject to this section, on the commencement of this section a child or young person to whom this section applies will, by force of this subsection, be taken to be in the custody of the Chief Executive.
	(3)	A placement of a child or young person to whom this section applies pursuant to the repealed Act will be taken to continue in effect as if the child or young person were so placed by the Chief Executive under section 84 the Children and Young People (Safety) Act 2017 (and the placement will, for the purposes of that Act, be taken to be a placement under that section).
	(4)	On the commencement of this section, a reference in any order or other document or instrument to the Minister in the Minister's capacity as custodian of a child or young person to whom this section applies will be taken to be a reference to the Chief Executive in that capacity.
26—Continuation of voluntary custody agreements
	(1)	Subject to this section and the Children and Young People (Safety) Act 2017, a voluntary custody agreement under section 9 of the repealed Act in force immediately before the commencement of this section will continue in accordance with its terms (and the agreement will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a voluntary custody agreement under section 96 of that Act).
	(2)	A reference in a voluntary custody agreement continued under this section to the Minister will be taken to be a reference to the Chief Executive.
27—Continuation of approved foster parents as approved carers
	(1)	Subject to this section, a person who was, immediately before the commencement of this section, an approved foster parent under section 43 of the Family and Community Services Act 1972 will be taken to be an approved carer under the Children and Young People (Safety) Act 2017 (and the approval of the person will be taken to have been granted under section 72 of that Act).
	(2)	A permission of the Chief Executive Officer under section 43(3) of the Family and Community Services Act 1972 relating to the number of foster children that a foster parent referred to in subsection (1) is permitted to have in their care will be taken to continue to apply to the approved carer according to its terms.
	(3)	The approval of a person as an approved carer under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the person's approval immediately before the commencement of this section.
28—Continuation of licensed foster care agencies
	(1)	A licence of a person as a foster care agency granted under section 48 of the Family and Community Services Act 1972 and in force immediately before the commencement of this section—
	(a)	will, subject to the Children and Young People (Safety) Act 2017, continue in force as a licence to carry on a foster care agency under that Act; and
	(b)	will be taken to have been granted under section 99 of that Act.
	(2)	A licence continued under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the licence immediately before the commencement of this section.
	(3)	A record that was, pursuant to section 50 of the Family and Community Services Act 1972, required to be kept by the holder of a licence continued under subsection (1) will, for the purposes of section 101(2) of the Children and Young People (Safety) Act 2017, be taken to be records required to be kept under that subsection.
29—Continuation of licence to maintain children's residential facilities
	(1)	A licence to maintain a children's residential facility granted under section 51 of the Family and Community Services Act 1972 (being a licence in force immediately before the commencement of this section)—
	(a)	will, subject to the Children and Young People (Safety) Act 2017, continue in force as a licence to operate a children's residential facility under that Act; and
	(b)	will be taken to have been granted under section 105 of that Act.
	(2)	A licence continued under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the licence immediately before the commencement of this section.
	(3)	A register that was, pursuant to section 53 of the Family and Community Services Act 1972, required to be kept by the holder of a licence continued under subsection (1) will, for the purposes of section 108(2) of the Children and Young People (Safety) Act 2017, be taken to be a record required to be kept under that subsection.
30—Notifications of abuse or neglect and investigations etc under repealed Act to continue
	(1)	A notification made under section 11 of the repealed Act that a person suspects that a child has been or is being abused or neglected will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a report made by the person under section 31 of that Act.
	(2)	An investigation under section 19 of the repealed Act that was commenced but not completed before the commencement of this section will be taken to continue as an investigation of the relevant kind under Chapter 5 Part 2 of the Children and Young People (Safety) Act 2017 (and, to avoid doubt, the Chief Executive may exercise the powers of investigation or direction under that Part accordingly).
31—Continuation of family care meetings under repealed Act
	(1)	Subject to this section, a family care meeting convened under Part 5 of the repealed Act before the commencement of this section will continue as a family group conference convened under Chapter 4 Part 2 of the Children and Young People (Safety) Act 2017.
	(2)	A family group conference as continued under this section will, subject to the Children and Young People (Safety) Act 2017, consist of the same persons as the original family care meeting.
	(3)	The procedures applicable to a family care meeting continued under this section will, subject to the Children and Young People (Safety) Act 2017, be taken to apply to the family group conference.
32—Orders relating to access to child or young person to continue as determination of Chief Executive
	(1)	An order of the Court under section 38 of the repealed Act in force immediately before the commencement of this section (being an order relating to access to a specified child (however described)) is, by force of this section, revoked.
	(2)	The Chief Executive will, in respect of each child or young person to whom an order revoked under subsection (1) relates, be taken to have made a determination under section 93 of the Children and Young People (Safety) Act 2017 in such terms as to give continuing effect to the terms of the revoked order (and the determination will, for the purposes of that Act, be taken to be a determination under section 93 of that Act).
33—Continuation of certain delegations under Family and Community Services Act 1972
	(1)	A delegation by the Minister or the Chief Executive under section 8 of the Family and Community Services Act 1972 relating to a matter that is the subject of the Children and Young People (Safety) Act 2017 and that is in force immediately before the commencement of this section will, subject to the Children and Young People (Safety) Act 2017, continue in accordance with its terms (and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a delegation by the Minister or Chief Executive (as the case requires) of the relevant powers under section 146 of that Act).
	(2)	A delegation by the Minister under section 80 of the Family and Community Services Act 1972 in force immediately before the commencement of this section will, subject to the Children and Young People (Safety) Act 2017, continue in accordance with its terms (and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a delegation by the Chief Executive of the relevant powers under section 76 of that Act).
34—References to Families SA
On the commencement of this section, a reference in any Act, or any order or other instrument or document, to Families SA will, for all purposes, be taken to be a reference to the Department.
35—Application of Chapter 7 Part 8 of Children and Young People (Safety) Act 2017 to certain children and young people
For the purposes of Chapter 7 Part 8 of the Children and Young People (Safety) Act 2017, a child or young person whose guardianship or custody arrangements are continued under this Part will be taken to be a child or young person placed in the guardianship or custody of a person under that Act.
36—Certain policies and procedures taken to satisfy Chapter 8 of Children and Young People (Safety) Act 2017
	(1)	This section applies to in relation to prescribed policies and procedures of an organisation to which section 8C of the repealed Act applied immediately before the commencement of this section.
	(2)	The prescribed policies and procedures of an organisation to which section 8C of the repealed Act applied immediately before the commencement of this section will, for the purposes of Chapter 8 of the Children and Young People (Safety) Act 2017, be taken to be a policy or policies prepared or adopted by the organisation in accordance with section 114(1) of that Act.
	(3)	An organisation to which section 8C of the repealed Act applied immediately before the commencement of this section (being an organisation that has complied with the requirements under section 8C(3) of the repealed Act) will, for the purposes of Chapter 8 of the Children and Young People (Safety) Act 2017, be taken to have complied with the requirements of section 114(3) of that Act.
	(4)	In this section—
prescribed policies and procedures means policies and procedures put in place by an organisation in accordance with section 8C of the repealed Act and in force immediately before the commencement of this section.
37—Certain persons the subject of interim registration taken to be approved carers under Children and Young People (Safety) Act 2017
	(1)	This section applies to a person who was, immediately before the commencement of this section—
	(a)	caring for a child or young person who is under the guardianship or in the custody of the Minister (whether under an order of the Court, a voluntary custody agreement under section 9 of the Children's Protection Act 1993 or any other provision of that Act or any other Act); and
	(b)	the subject of a provisional or initial registration by the Department, or an approval for temporary placement granted by the Department, in relation to the care of children.
	(2)	A person to whom this section applies will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be approved as an approved carer under section 72 of that Act.
	(3)	It is a condition of each approval under this section that the person comply with any directions of the Chief Executive relating to the care of a specified child or young person (including, to avoid doubt, a direction requiring the person to submit to a working with children check).
	(4)	The Chief Executive may, by notice in writing, impose such conditions on an approval under this section as the Chief Executive thinks fit.
	(5)	The Chief Executive may, by notice in writing, vary or revoke a condition of an approval under this section.
	(6)	An approval under this section will remain in force until—
	(a)	the end of the transitional period; or
	(b)	the approval is cancelled under subsection (7),
whichever occurs first.
	(7)	However, the approval of a person under this section is, by force of this section, cancelled if—
	(a)	the person becomes a prohibited person; or
	(b)	the approval of the person as an approved carer is cancelled under section 74 of the Children and Young People (Safety) Act 2017; or
	(c)	the person refuses or fails to comply with a direction under subsection (3); or
	(d)	the person contravenes a condition under subsection (4).
	(8)	For the purposes of this section, a reference to the Department will be taken to include a reference to an administrative unit of the Public Service that was, at the relevant time, assisting a Minister in the administration of the repealed Act.
38—Certain commercial carers taken to be approved carers under Children and Young People (Safety) Act 2017
	(1)	This section applies to a person or body, or a person or body of a class, prescribed by the Chief Executive by notice in the Gazette.
	(2)	A person to whom this section applies will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be approved as an approved carer under section 72 of that Act.
	(3)	It is a condition of each approval under this section that the person comply with any directions of the Chief Executive relating to the care of children or young people (including, to avoid doubt, a direction requiring the person to submit to a working with children check).
	(4)	The Chief Executive may, by notice in writing, impose such conditions on an approval under this section as the Chief Executive thinks fit.
	(5)	The Chief Executive may, by notice in writing, vary or revoke a condition of an approval under this section.
	(6)	An approval under this section will remain in force until—
	(a)	the end of the transitional period; or
	(b)	the approval is cancelled under subsection (7),
whichever occurs first.
	(7)	However, the approval of a person under this section is, by force of this section, cancelled if—
	(a)	the person becomes a prohibited person; or
	(b)	the approval of the person as an approved carer is cancelled under section 74 of the Children and Young People (Safety) Act 2017; or
	(c)	the person refuses or fails to comply with a direction under subsection (3); or
	(d)	the person contravenes a condition under subsection (4).

Part 5—Amendment of Births, Deaths and Marriages Registration Act 1996
39—Amendment of section 25—Application to register change of child's name
Section 25—after subsection (4) insert:
	(5)	This section does not apply in relation to a child during any period that section 25A applies in relation to the child.
40—Insertion of section 25A
After section 25 insert:
25A—Change of name of child under guardianship
	(1)	This section applies in relation to the following children during such time as the child is under the guardianship of the Chief Executive or the relevant person or persons (as the case requires):
	(a)	a child who, pursuant to an order of the Court under the Children and Young People (Safety) Act 2017, is under the guardianship of the Chief Executive, or a specified person or persons, until the child attains 18 years of age;
	(b)	a child who, pursuant to orders of the Court under the Children and Young People (Safety) Act 2017 or the repealed Act, is under the guardianship of the Chief Executive, or a specified person or persons, and has been under such guardianship for a period of at least 24 continuous months.
	(2)	The Chief Executive may, by notice in writing—
	(a)	in the case of a child who is under the guardianship of the Chief Executive—on the Chief Executive's own motion; or
	(b)	in the case of a child who is under the guardianship of a person or persons pursuant to an order of the Court under the Children and Young People (Safety) Act 2017—on the application of the guardian or guardians (as the case requires),
direct the Registrar to register a change of the name of a child in relation to whom this section applies.
	(3)	Before giving a direction under subsection (2), the Chief Executive must, unless the Chief Executive is of the opinion that it is not appropriate to do so—
	(a)	ascertain, and have regard to, the views of the child (if any) in respect of the proposed change of name; and
	(b)	—
	(i)	take reasonable steps to notify the parents of the child of the proposed change of name; and
	(ii)	have regard to any submission made by a parent of the child in respect of the proposed change of name during the period specified by the Chief Executive.
	(4)	The Chief Executive may only give a direction under subsection (2) if the Chief Executive is of the opinion that it is in the best interests of the child to do so.
	(5)	Sections 26, 27 and 28(2) and (3) do not apply in relation to a change of name under this section.
	(6)	The Registrar must, as soon as is reasonably practicable after receiving a direction under subsection (2), register the change of name under section 28(1).
	(7)	Nothing in this section prevents the name of a child being later changed in accordance with the law of the State.
	(8)	A person who is aggrieved by a decision of the Chief Executive under this section is entitled to a review of the decision under section 157 of the Children and Young People (Safety) Act 2017 (and for the purposes of that section the decision will be taken to be a decision under that Act).
	(9)	The regulations may make provision conferring on the South Australian Civil and Administrative Tribunal jurisdiction to deal with matters consisting of the review of a decision of the Chief Executive under this section.
	(10)	In this section—
Chief Executive means the Chief Executive under the Children and Young People (Safety) Act 2017;
repealed Act means the Children's Protection Act 1993.
41—Amendment of section 38A—Notification by court appointed guardians
Section 38A(4), definition of court appointed guardian—delete "a Minister) to whom guardianship of another person is given by the Youth Court of South Australia under section 38(1)(d) of the Children's Protection Act 1993" and substitute:
the Chief Executive) under the Children and Young People (Safety) Act 2017

Part 6—Amendment of Carers Recognition Act 2005
42—Amendment of section 5—Meaning of carer
Section 5(3)(b)—after "Children's Protection Act 1993" insert:
, the Children and Young People (Safety) Act 2017

Part 7—Amendment of Child Safety (Prohibited Persons) Act 2016
43—Amendment of section 5—Interpretation
	(1)	Section 5(1), definition of prescribed offence—after paragraph (b) insert:
	(ba)	an offence against section 69 of the Criminal Law Consolidation Act 1935 (bestiality); or
	(2)	Section 5(1), definition of prescribed offence—after paragraph (f) insert:
	(fa)	an offence against a following provision of the Criminal Code of the Commonwealth (offences committed overseas involving child pornography material or child abuse material):
	(i)	section 273.5;
	(ii)	section 273.6;
	(iii)	section 273.7; or
	(fb)	an offence against section 233BAB of the Customs Act 1901 of the Commonwealth where the tier 2 goods to which the offence relates consist of or include items of child pornography (within the meaning of that section); or
44—Amendment of section 8—Meaning of assessable information
	(1)	Section 8(1)—after paragraph (f) insert:
	(fa)	information that relates to the cancellation of an approval of an approved carer under the Children and Young People (Safety) Act 2017;
	(2)	Section 8(1)—after paragraph (g) insert:
	(ga)	information that relates to a notification made pursuant to Chapter 5 Part 1 of the Children and Young People (Safety) Act 2017;
	(3)	Section 8(1)(h)—delete "the Children's Protection Act 1993) held by the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Children's Protection Act 1993 and that relates to the possible abuse or neglect of a child" and substitute:
the Children's Protection Act 1993 or the Children and Young People (Safety) Act 2017) held by an administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Children and Young People (Safety) Act 2017 and that relates to harm caused, or a risk of harm, to a child

Part 8—Amendment of Child Sex Offenders Registration Act 2006
45—Amendment of Schedule 1—Class 1 and 2 offences
	(1)	Schedule 1 clause 3—after paragraph (j) insert:
	(ja)	an offence against section 69 of the Criminal Law Consolidation Act 1935 (bestiality);
	(2)	Schedule 1 clause 3—after paragraph (sb) insert:
	(sba)	an offence against section 273.5 of the Criminal Code of the Commonwealth;
	(sbb)	an offence against section 273.6 of the Criminal Code of the Commonwealth;
	(sbc)	an offence against section 273.7 of the Criminal Code of the Commonwealth;
	(3)	Schedule 1 clause 3—after paragraph (z) insert:
	(zaa)	an offence against section 233BAB of the Customs Act 1901 of the Commonwealth where the tier 2 goods to which the offence relates consist of or include items of child pornography (within the meaning of that section);

Part 9—Amendment of Children and Young People (Oversight and Advocacy Bodies) Act 2016
46—Insertion of section 13A
After section 13 insert:
13A—Reporting obligations
	(1)	The Commissioner must, on or before 31 October in each year, report to the Minister on the performance of the Commissioner's functions during the preceding financial year.
	(2)	The Minister must, within 6 sitting days after receiving a report from the Commissioner, have copies of the report laid before both Houses of Parliament.
47—Amendment of section 26—Functions and powers of Guardian
	(1)	Section 26(1)(a)—delete "Minister" and substitute:
Chief Executive
	(2)	Section 26(1)(b)—delete "Minister" and substitute:
Chief Executive
	(3)	Section 26(1)(c)—delete "Minister" and substitute:
Chief Executive
	(4)	Section 26(1)(d)—delete "Minister" second occurring and substitute:
Chief Executive
	(5)	Section 26(2)(b)—delete "Minister" and substitute:
Chief Executive
	(6)	Section 26(4)—delete "Minister's" and substitute:
Chief Executive's
	(7)	Section 26(4)—after the definition of alternative care insert:
Chief Executive means the Chief Executive within the meaning of the Children and Young People (Safety) Act 2017.
48—Amendment of section 37—Functions of the Committee
Section 37(3)(d)—delete "Minister" and substitute:
Chief Executive (within the meaning of the Children and Young People (Safety) Act 2017)

Part 10—Amendment of Children and Young People (Safety) Act 2017
49—Amendment of section 28—Chief Executive to prepare case plan in respect of certain children and young people
Section 28(5), definition of prescribed child or young person, (b)—after "Act" insert:
(other than a child or young person in relation to whom an order contemplated by section 91 placing the child or young person into the long-term guardianship of a person has been made)
50—Amendment of section 32—Chief Executive must assess and take action on each report indicating child or young person may be at risk
Section 32—after subsection (4) insert:
	(5)	The regulations may make further provision in relation to an assessment under this section (including provisions relating to a system referred to in subsection (2) and the disclosure and confidentiality of information gathered, collated or provided under the system).
51—Amendment of section 33—Chief Executive may refer matter
Section 33(5)—delete subsection (5)
52—Amendment of section 53—Orders that can be made by Court
Section 53—after subsection (1) insert:
	(1a)	Without limiting the orders that can be made under subsection (1), the Court may make an order placing a child or young person under the guardianship of a specified parent of the child or young person.
Note—
Such an order would confer guardianship on the specified parent to the exclusion of the rights of any other parent of the child or young person—see section 68.
	(1b)	Without limiting the orders that can be made under subsection (1), the Court may, if the Court makes an order placing a child or young person under the guardianship of the Chief Executive or a specified person or persons—
	(a)	until the child or young person attains 18 years of age; or
	(b)	such that the child or young person has been under the guardianship of the Chief Executive, or the person or persons, for a period of at least 24 continuous months,
make a declaration of the name by which the child or young person is to be known.
	(1c)	However, the Court may only make a declaration under subsection (1b) if the Court is satisfied that it is in the best interests of the child or young person to do so.
	(1d)	If the Court makes a declaration under subsection (1b)—
	(a)	the Registrar of the Court must give notice of the declaration to the Registrar of Births, Deaths and Marriages in accordance with any requirements in the regulations; and
	(b)	the Registrar of Births, Deaths and Marriages must, as soon as is reasonably practicable after receiving the notice, register the change of name under section 28(1) of the Births, Deaths and Marriages Registration Act 1996.
	(1e)	Sections 26, 27 and 28(2)and (3) of the Births, Deaths and Marriages Registration Act 1996 do not apply in relation to a change of name under this section.
	(1f)	Nothing in this section prevents the name of a child or young person being later changed in accordance with the law of the State.
53—Amendment of section 90—Long‑term care plan to be prepared
Section 90(3)—delete subsection (3) and substitute:
	(3)	The Chief Executive must cause a copy of a long‑term care plan to be provided to the Court in any application contemplated by section 91.
54—Amendment of section 103—Interpretation
	(1)	Section 103, definition of children's residential facility, (d)—delete "a training" and substitute:
other
	(2)	Section 103, definition of children's residential facility—after paragraph (d) insert:
	(da)	a training centre established under the Youth Justice Administration Act 2016; or
55—Insertion of Chapter 7 Part 7A
After section 110 insert:
Part 7A—Assessment of employees in other residential facilities
110A—Persons not to be employed in certain residential facilities established under Family and Community Services Act 1972
	(1)	A person must not be employed in a residential facility established by the Minister under section 36 of the Family and Community Services Act 1972 unless the person has undergone a psychological or psychometric assessment of a kind determined by the Chief Executive for the purposes of this section.
	(2)	However, subsection (1) does not apply to the employment of a person or a person of a class, or the employment of a person in circumstances, prescribed by the regulations for the purposes of this subsection.
	(3)	A person who is employed in a residential facility in contravention of subsection (1) is guilty of an offence.
Maximum penalty: 
	(a)	for a first or second offence—$20 000;
	(b)	for a third or subsequent offence—$50 000 or imprisonment for 1 year.
	(4)	A person who employs, or continues to employ, a person in a residential facility in contravention of subsection (1) is guilty of an offence.
Maximum penalty: 
	(a)	in the case of a natural person—$50 000 or imprisonment for 1 year; or
	(b)	in the case of a body corporate—$120 000.
	(5)	For the purposes of this section, a reference to a person being employed will be taken to include a reference to a person who—
	(a)	is a self‑employed person; or
	(b)	carries out work under a contract for services; or
	(c)	carries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or
	(d)	undertakes practical training as part of an educational or vocational course; or
	(e)	carries out work as a volunteer; or
	(f)	performs unpaid community work in accordance with an order of a court,
and a reference to employ is to be construed accordingly.
56—Insertion of section 112A
Before section 113 insert:
112A—Chief Executive may provide assistance to persons caring for children and young people
The Chief Executive may grant to an approved carer or other person in whose care a child or young person has been placed under this Act or the Family Relationships Act 1975 such financial or other assistance in relation to the care and maintenance of the child or young person as may be determined by the Chief Executive.
57—Amendment of section 163—Protection of identity of persons who report to or notify Department
	(1)	Section 163(1)—delete ", in the course of the administration, operation or enforcement of this Act,"
	(2)	Section 163(1)—after paragraph (a) insert:
	(ab)	is required or authorised by the Chief Executive or under this Act; or
58—Insertion of section 166A
After section 166 insert:
166A—Limitation on tortious liability for acts of certain children and young people
No liability in tort attaches to the Crown, the Minister, the Chief Executive or any employee of the Department in respect of an act or omission of a child or young person under the guardianship of the Chief Executive, or of whom the Chief Executive has custody under any Act, unless the act or omission occurs while the child or young person—
	(a)	is acting as the servant or agent of the Chief Executive or employee of the Department; and
	(b)	is acting within the scope of such employment or authority.
59—Amendment of section 170—Regulations
Regulation 170(3)—after paragraph (c) insert:
		and
	(ca)	make provisions of a saving or transitional nature consequent on the commencement of the Child Safety (Prohibited Persons) Act 2016; and
60—Amendment of Schedule 1—Repeal and related amendment
Schedule 1 Part 2—delete Part 2 and substitute:
Part 2—Amendment and repeal of Children's Protection Act 1993
2—Amendment of Children's Protection Act 1993
The following provisions of the Children's Protection Act 1993 are repealed:
	(a)	sections 3, 5 and 7;
	(b)	Part 2 Division 1 and 22;
	(c)	Parts 3 to 8 (inclusive);
	(d)	sections 56 to 61 (inclusive);
	(e)	Schedule 1.
2A—Repeal of Children's Protection Act 1993
The Children's Protection Act 1993 is repealed—
	(a)	on a day to be fixed by proclamation; or
	(b)	on the day on which the transitional period (within the meaning of section 4 of the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017) expires,
whichever is the sooner.

Part 11—Amendment of Coroners Act 2003
61—Amendment of section 3—Interpretation
Section 3(1), definition of reportable death(f)(ii)—delete "under the Children's Protection Act 1993" and substitute:
or Chief Executive under the Children and Young People (Safety) Act 2017

Part 12—Amendment of Criminal Law Consolidation Act 1935
62—Amendment of section 5—Interpretation
Section 5(1)—after the definition aggravated offence insert:
approved carer, of a child, means an approved carer (within the meaning of the Children and Young People (Safety) Act 2017) in whose care the child has been placed under that Act;
63—Amendment of section 49—Unlawful sexual intercourse
Section 49(5a)(b)—after "foster parent," insert:
approved carer,
64—Amendment of section 50—Persistent sexual exploitation of a child
Section 50(8)(b)—after "foster parent," insert:
approved carer,
65—Amendment of section 57—Consent no defence in certain cases
Section 57(4)(b)—after "foster parent," insert:
approved carer,
66—Amendment of section 63B—Procuring child to commit indecent act etc
Section 63B(6)(b)—after "foster parent," insert:
approved carer,

Part 13—Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011
67—Amendment of section 3—Interpretation
	(1)	Section 3(1)—after the definition of proceedings before the Board insert:
prohibited person means a prohibited person under the Child Safety (Prohibited Persons) Act 2016;
	(2)	Section 3(1)—after the definition of trustee services provider insert:
working with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016.
68—Amendment of section 13—Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction
	(1)	Section 13(1)—after paragraph (c) insert:
	(ca)	the Children and Young People (Safety) Act 2017; and
	(2)	Section 13(10)—delete "Children's Protection Act 1993" and substitute:
Child Safety (Prohibited Persons) Act 2016
69—Insertion of section 13A
After section 13 insert:
13A—Working with children checks
A reference to an authorised person in section 170 of the Education and Care Services National Law (South Australia) will be taken to include a reference to a person—
	(a)	in respect of whom a working with children check has been conducted under the Child Safety (Prohibited Persons) Act 2016 within the preceding 5 years; and
	(b)	who is not a prohibited person (within the meaning of that Act).
70—Amendment of section 22—Composition of Board
Section 22—after subsection (2) insert:
	(2a)	A person is not eligible to be appointed to the Teachers Registration Board unless a working with children check has been conducted in relation to the member within the preceding 5 years.
71—Amendment section 23—Conditions of membership
	(1)	Section 23(3)—after paragraph (a) insert:
	(ab)	if a working with children check has not been conducted in relation to the member within the preceding 5 years; or
	(2)	Section 23(4)—after paragraph (c) insert:
	(ca)	becomes a prohibited person (including where the member becomes a prohibited person by force of section 15 of the Child Safety (Prohibited Persons) Act 2016 on the day that section comes into operation); or
72—Amendment of section 27—Registrars of Board
Section 27—after subsection (2) insert:
	(2a)	A person is not eligible to be appointed as a Registrar unless a working with children check has been conducted in relation to the person within the preceding 5 years.
73—Amendment of section 28—Staff of Board
Section 27—after subsection (1) insert:
	(1a)	A person is not eligible to be assigned to assist the Board, or employed by the Board, unless a working with children check has been conducted in relation to the person within the preceding 5 years.

Part 14—Amendment of Family and Community Services Act 1972
74—Amendment of section 6—Interpretation
	(1)	Section 6(1), definition of authorised officer—delete the definition
	(2)	Section 6(1), definition of Chief Executive Officer—delete "Officer" wherever occurring
	(3)	Section 6(1), definition of children's residential facility—delete the definition
	(4)	Section 6(1), definition of foster care agency—delete the definition
	(5)	Section 6(1), definition of foster parent—delete the definition
	(6)	Section 6(1), definition of guardian—delete "Officer"
	(7)	Section 6(1), definition of Minister—delete the definition
	(8)	Section 6(1), definition of Youth Court—delete the definition
	(9)	Section 6(5)—delete "Officer"
75—Amendment of section 8—Delegation
Section 8—delete "Officer" wherever occurring
76—Repeal of Part 2 Division 3
Part 2 Division 3—delete Division 3
77—Repeal of Part 2 Division 5
Part 2 Division 5—delete Division 5
78—Amendment of section 23—Special welfare funds
	(1)	Section 23(4)(b)—delete "a foster care service for children" and substitute:
an out of home care service for children and young people (within the meaning of the Children and Young People (Safety) Act 2017)
	(2)	Section 23(4)(c)—delete "residential, foster or similar care apart from their guardians and relatives" and substitute:
out of home care (within the meaning of the Children and Young People (Safety) Act 2017)
79—Amendment of section 36—Establishment of facilities and programmes for children
Section 36(2)—delete "Officer"
80—Repeal of Part 4 Division 2 Subdivision 3
Part 4 Division 2 Subdivision 3—delete Subdivision 3
81—Repeal of Part 4 Division 2 Subdivision 4
Part 4 Division 2 Subdivision 3—delete Subdivision 4
82—Repeal of Part 4 Division 2 Subdivision 8
Part 4 Division 2 Subdivision 3—delete Subdivision 8
83—Amendment of section 98—Liability of near relatives for maintenance of child
Section 98(1)—after "Minister" insert:
or the Chief Executive under the Children and Young People (Safety) Act 2017
84—Amendment of section 99—Issue of summons for maintenance
Section 99(2)—after "Minister" first occurring insert:
or the Chief Executive under the Children and Young People (Safety) Act 2017
85—Amendment of section 104—Order for payment of preliminary expenses
Section 104(1)—delete "Officer"
86—Amendment of section 105—Where order made during pregnancy
Section 105(1)(b)—delete "Officer"
87—Amendment of section 111—Power of Chief Executive to accept settlement in full
Section 111—delete "Officer" wherever occurring
88—Amendment of section 117—Order for payment of medical and like expenses
Section 117(1)—delete "Officer"
89—Amendment of section 142—Evidentiary provision
Section 142—after paragraph (e) insert:
		or
	(f)	that a child is under the guardianship of the Chief Executive under the Children and Young People (Safety) Act 2017 pursuant to an order under that or any other Act,
90—Amendment of section 145—Variation of order against near relative of child
Section 145(1)—delete "Officer"
91—Amendment of section 151—Orders may direct mode of payment
Section 151(a)—delete "Officer"
92—Amendment of section 156—Order for delivery of attached property
Section 156(1)—delete "Officer"
93—Amendment of section 158—Liability of persons contravening order
Section 158—delete "Officer"
94—Amendment of section 159—Collection by police of money due to Chief Executive
Section 159—delete "Officer" wherever occurring
95—Amendment of section 160—Caveats
Section 160—delete "Officer" wherever occurring
96—Amendment of section 161—Warrant to enforce payments under orders
Section 161—delete "Officer" wherever occurring
97—Amendment of section 163—Sale under warrant
Section 163—delete "Officer"
98—Amendment of section 164—Assurances to purchaser
Section 164(1)—delete "Officer"
99—Amendment of section 165—Issue of warrant without previous demand
Section 165(3)—delete "Officer"
100—Amendment of section 166—Effect of payment under warrant
Section 165—delete "Officer"
101—Amendment of section 176—Application for attachment of earnings order
Section 176(9)(c)—delete "Officer"
102—Amendment of section 177—Employer to make payments under order
Section 177—delete "Officer" wherever occurring
103—Amendment of section 179—Discharge, suspension or variation of order
Section 179(2)(c)—delete "Officer"
104—Amendment of section 180—Cessation of attachment of earnings order
Section 180(3)—delete "Officer"
105—Amendment of section 183—Notice to defendants of payments made
Section 183(2)—delete "Officer"
106—Amendment of section 189—Payments by Crown etc
Section 183(2)—delete "officer"
107—Amendment of section 195—Proof of payment or non-payment under maintenance order
Section 195—delete "Officer" wherever occurring
108—Amendment of section 197—Collector of Maintenance, Deputy Collector of Maintenance and Assistant Collectors of Maintenance
Section 197(1)(a)—delete "Officer"
109—Repeal of section 236
Section 236—delete the section
110—Amendment of section 236A—Hindering a person in execution of duty
Section 236A—delete "Officer, an authorised officer"
111—Amendment of section 240—Evidentiary provision
Section 240(1)—delete "Officer" wherever occurring
112—Amendment of section 242—Chief Executive may require report
Section 242(1)—delete "Officer" wherever occurring
113—Repeal of section 250
Section 250—delete the section
114—Repeal of section 250A
Section 250A—delete the section
115—Amendment of section 251—Regulations
	(1)	Section 250(i)—delete "of the Minister or the Chief Executive Officer or of whom the Minister has custody under any Act" and substitute:
or in the custody of the Minister or the Chief Executive, or the Chief Executive under the Children and Young People (Safety) Act 2017, pursuant to an order under that or any other Act;
	(2)	Section 250(k)—delete paragraph (k)
	(3)	Section 250(k1)—delete paragraph (k1)

Part 15—Amendment of Intervention Orders (Prevention of Abuse) Act 2009
116—Amendment of section 3—Interpretation
Section 3(1), definition of Children's Protection Act order—delete the definition and substitute:
State child protection order means an order made under the Children's Protection Act 1993 or the Children and Young People (Safety) Act 2017;
117—Amendment of section 10—Principles for intervention against abuse
	(1)	Section 10(2)(a)—delete "Children's Protection Act order" and substitute:
State child protection order
	(2)	Section 10(2)(b)—delete "Children's Protection Act order" and substitute:
State child protection order
118—Amendment of section 16—Inconsistent Family Law Act or State child protection orders
Section 16(2)—delete subsection (2) and substitute:
	(2)	An intervention order prevails over a State child protection order (being an order under section 38 of the Children's Protection Act 1993 or a corresponding order made under the section 53 of the Children and Young People (Safety) Act 2017) to the extent of any inconsistency (but the Youth Court may resolve the inconsistency by varying or revoking the order on application under the Children and Young People (Safety) Act 2017).
119—Amendment of section 20—Application to Court for intervention order
	(1)	Section 20(1)(d)—delete "Children's Protection Act order under section 38 of the Children's Protection Act 1993 in force in respect of the child—the Minister responsible for the administration of that Act" and substitute:
State child protection order in force in respect of the child—the Minister responsible for the administration of the Children and Young People (Safety) Act 2017
	(2)	Section 20(3)—delete "Children's Protection Act order" and substitute:
State child protection order
120—Amendment of section 23—Determination of application for intervention order
Section 23(1a)—delete "Children's Protection Act order" wherever occurring and substitute in each case:
State child protection order
121—Amendment of section 26—Intervention orders
Section 26(1)(c)—delete "Children's Protection Act order under section 38 of the Children's Protection Act 1993" and substitute:
State child protection order (being an order under section 38 of the Children's Protection Act 1993 or a corresponding order made under the section 53 of the Children and Young People (Safety) Act 2017)

Part 16—Amendment of Mental Health Act 2009
122—Amendment of section 86—Minister's functions
Section 86(c)—after "1993" insert:
, or of the Chief Executive under the Children and Young People (Safety) Act 2017

Part 17—Amendment of Residential Tenancies Act 1995
123—Amendment of section 89A—Termination based on domestic abuse
Section 89A(9)(b)—after "1993" insert:
or the Children and Young People (Safety) Act 2017
124—Amendment of section 105UA—Termination based on abuse of rooming house resident
Section 105UA(7)(b)—after "1993" insert:
or the Children and Young People (Safety) Act 2017
125—Amendment of section 112—Restraining orders
Section 112(1b)(b)—after "1993" insert:
or the Children and Young People (Safety) Act 2017

Part 18—Amendment of Spent Convictions Act 2009
126—Amendment of clause 13—Exclusions
Section 13(4)—delete "6,"
127—Amendment of clause 13A—Exclusions may not apply
	(1)	Section 13A(1)—delete "6,"
	(2)	Section 13A(6)(b)—delete paragraph (b)
128—Amendment of Schedule 2—Provisions relating to proceedings before a qualified magistrate
	(1)	Schedule 2 clause 3(2)—delete "6 or"
	(2)	Schedule 2 clause 3(3), definition of designated Minister, (a)—delete paragraph (a)
	(3)	Schedule 2 clause 3(3), definition of Minister for Children's Protection—delete "the provision of criminal history assessments for the purposes of Part 2 Division 3 of the Children's Protection Act 1993" and substitute:
undertaking working with children checks under the Child Safety (Prohibited Persons) Act 2016

Part 19—Amendment of Summary Offences Act 1953
129—Substitution of section 66V
Section 66V—delete section 66V and substitute:
66V—Power to remove children from dangerous situations
For the purposes of section 41 of the Children and Young People (Safety) Act 2017, the requirements of subsection (1) of that section will be taken to be satisfied if—
	(a)	a minor is in a declared public precinct; and
	(b)	a police officer is of the opinion that the minor—
	(i)	is in danger of being physically harmed or injured; or
	(ii)	is in danger of abuse (including assault and sexual assault, ill treatment and exposure to behaviour that may cause psychological harm to the minor); or
	(iii)	is behaving in an offensive or disorderly manner or is otherwise committing or about to commit an offence.

Part 20—Amendment of Summary Procedure Act 1921
130—Amendment of section 99AAC—Child protection restraining orders
	(1)	Section 99AAC(8), definition of Chief Executive—delete the definition and substitute:
Chief Executive has the same meaning as in the Children and Young People (Safety) Act 2017;
	(2)	Section 99AAC(8), definition of Minister—delete "Children's Protection Act 1993" and substitute:
Children and Young People (Safety) Act 2017
131—Amendment of section 99KA—Special restrictions relating to child protection restraining order proceedings
Section 99KA(4)(b)—delete "the administrative unit of the Public Service charged with the administration of the Children's Protection Act 1993" and substitute:
an administrative unit of the Public Service assisting a Minister with the administration of the Children and Young People (Safety) Act 2017

Part 21—Amendment of Teachers Registration and Standards Act 2004
132—Amendment of section 3—Interpretation
	(1)	Section 3—after the definition of professional standards for teachers insert:
prohibited person means a prohibited person under the Child Safety (Prohibited Persons) Act 2016;
	(2)	Section 3—after the definition of teacher regulatory authority insert:
unique identifier, of a person, means a unique identifier issued to the person under the Child Safety (Prohibited Persons) Act 2016;
	(3)	Section 3—after the definition of unprofessional conduct insert:
working with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016.
133—Amendment of section 9—Membership of Teachers Registration Board
Section 9—after subsection (1) insert:
	(1a)	A person is not eligible to be appointed to the Teachers Registration Board unless a working with children check has been conducted in relation to the member within the preceding 5 years.
134—Amendment of section 10—Terms and conditions of membership
	(1)	Section 10(5)—after paragraph (a) insert:
	(ab)	if a working with children check has not been conducted in relation to the member within the preceding 5 years; or
	(2)	Section 10(6)—after paragraph (c) insert:
	(ca)	becomes a prohibited person (including where the member becomes a prohibited person by force of section 15 of the Child Safety (Prohibited Persons) Act 2016 on the day that section comes into operation); or
135—Amendment of section 21—Eligibility for registration
	(1)	Section 21(1)—delete "the person"
	(2)	Section 21(1)(a)—before "has" insert:
the person
	(3)	Section 21(1)(b)—before "has" insert:
the person
	(4)	Section 21(1)(c)—delete paragraph (c) and substitute:
	(c)	a working with children check has been conducted in relation to the person within the preceding 5 years; and
	(d)	the person is not a prohibited person; and
	(e)	the person is otherwise a fit and proper person to be a registered teacher.
136—Amendment of section 22—Application for registration
Section 22(2)(a)—after paragraph (a) insert:
	(ab)	provide evidence of a kind determined by the Board that a working with children check has been conducted in relation to the applicant within the preceding 5 years; and
137—Amendment of section 24—Conditions of registration
	(1)	Section 24—before subsection (1) insert:
	(a1)	It is a condition of every registration that a working with children check be conducted in relation to the person at least once in each 5 year period.
	(2)	Section 24(2)—after paragraph (b) insert:
		and
	(c)	make it a condition of every registration that if—
	(a)	the person becomes a prohibited person; or
	(b)	more than 5 years have elapsed since a working with children check has been conducted in relation to the person,
the person must give written notice of that fact to the Board containing the details specified in the condition.
	(3)	Section 24(3)—after "condition" first occurring insert:
(other than the condition imposed by subsection (a1))
138—Insertion of section 24A
After section 24 insert:
24A—Automatic cancellation of registration of prohibited persons
	(1)	Subject to this section, the registration of a teacher is, by force of this section, cancelled if the teacher becomes a prohibited person.
	(2)	The cancellation of a teacher's registration under this section has effect from the time a prohibition notice is issued to the teacher under section 32 of the Child Safety (Prohibited Persons) Act 2016
	(3)	If the issue of the prohibition notice to the teacher is set aside by the South Australian Civil and Administrative Tribunal or any other court, the cancellation of the teacher's registration under this section will be taken to be void and of no effect (and the Teachers Registration Board must take steps as may be necessary to give effect to this subsection).
139—Amendment of section 28—Register
	(1)	Section 28(2)—after paragraph (b) insert:
	(ba)	the person's unique identifier; and
	(bb)	details of the most recent working with children check conducted in relation to the person (if known); and
	(2)	Section 28—after subsection (4) insert:
	(4a)	A registered person must, as soon as is reasonably practicable after a working with children check is conducted in relation to the person (but in any event within 7 days), inform the Registrar in writing of that fact, and provide such details relating to the working with children check as the Registrar may require.
140—Amendment of section 30—Special authority for unregistered person to teach
	(1)	Section 30—after subsection (1) insert:
	(1a)	It is a condition of every special authority that a working with children check be conducted in relation to the person at least once in each 5 year period.
	(2)	Section 30(2)—delete subsection (2) and substitute:
	(2)	Without otherwise limiting the discretion of the Board under subsection (1), the Teachers Registration Board may only grant a person a special authority if—
	(a)	the person is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016; and
	(b)	a working with children check has been conducted in relation to the person within the preceding 5 years; and
	(c)	the person consents to the conduct by the Board of a criminal record check relating to the person; and
	(d)	the person has met any other requirements prescribed by regulation for the purposes of this subsection.
	(3)	Section 30(3)—after paragraph (a) insert:
	(ab)	be accompanied by evidence of a kind determined by the Board that a working with children check has been conducted in relation to the person within the preceding 5 years; and
	(4)	Section 30(3)(b)—delete "fee fixed by regulation" and substitute:
prescribed fee
	(5)	Section 30—after subsection (3) insert:
	(4)	An applicant for a special authority must pay, in addition to the prescribed fee, an amount specified by the Teachers Registration Board, being an amount payable by the Board for the conduct by the Board of a criminal record check relating to the applicant.
141—Amendment of section 31—Register
	(1)	Section 31(2)—after paragraph (b) insert:
	(ba)	the person's unique identifier; and
	(bb)	details of the most recent working with children check conducted in relation to the person (if known); and
	(2)	Section 31—after subsection (4) insert:
	(4a)	The holder of a special authority must, within 7 days after a working with children check is conducted in relation to the person, inform the Registrar in writing of that fact, and provide such details relating to the working with children check as the Registrar may require.
142—Amendment of section 33—Cause for disciplinary action
Section 33(1)—after paragraph (b) insert:
	(ba)	a working with children check has not been conducted in relation to the teacher within the preceding 5 years; or
143—Insertion of section 33A
After section 33 insert:
33A—Suspension of teacher's registration if working with children check not current etc
	(1)	The Teachers Registration Board may, if satisfied that a working with children check has not been conducted in relation to a registered teacher within the preceding 5 years suspend (without any requirement for a hearing or other process) the registration of the teacher.
	(2)	A suspension under this section has effect—
	(a)	until the fulfilment of specified conditions or until further order of the Teachers Registration Board; or
	(b)	if the teacher's registration is cancelled under section 35(2)—until that cancellation has effect,
whichever occurs first.
	(3)	To avoid doubt, a suspension of a teacher's registration under this section has effect whether or not an appeal has, or is to be, instituted against the decision to suspend the registration of the teacher.
144—Amendment of section 37—Employer to report dismissal
Section 37—after subsection (1) insert:
	(1a)	If the employer of a practising teacher—
	(a)	dismisses the teacher on the grounds that—
	(i)	the teacher is a prohibited person; or
	(ii)	a working with children check has not been conducted in relation to the teacher within the preceding 5 years; or
	(b)	accepts the resignation of the teacher for a reason referred to in paragraph (a),
the employer must, within 7 days, submit a written report to the Teachers Registration Board—
	(c)	describing the circumstances of the dismissal or resignation; and
	(d)	containing all other prescribed information.
Maximum penalty: $10 000.
145—Insertion of section 52A
After section 52 insert:
52A—Notification to employer that teacher is a prohibited person etc
If the Registrar becomes aware that a person who is or has been registered as a teacher is a prohibited person under Child Safety (Prohibited Persons) Act 2016 the Registrar must, as soon as practicable, give details of that fact to—
	(a)	the person's employer if the person is a practising teacher; and
	(b)	the chief executives of the Department, the Catholic Education Office and the Association of Independent Schools of South Australia Incorporated.
146—Amendment of section 61—Regulations
Section 61—after subsection (2) insert:
	(2a)	The regulations may make provisions of a saving or transitional nature consequent upon the enactment of the Child Safety (Prohibited Persons) Act 2016 or the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017.

Part 22—Amendment of Youth Court Act 1993
147—Amendment of section 7—Jurisdiction
Section 7(a)—after "Children's Protection Act 1993" insert:
and the Children and Young People (Safety) Act 2017

Part 23—Amendment of Youth Justice Administration Act 2016
148—Amendment of section 3—Objects and guiding principles
Section 3(1)(g)—delete "Minister, or of whom the Minister has custody, under the Children's Protection Act 1993" and substitute:
Chief Executive, or of whom the Chief Executive has custody, under the Children and Young People (Safety) Act 2017
149—Amendment of section 4—Interpretation
	(1)	Section 4(1)—after the definition of Chief Executive insert:
Child and Young Person's Visitor means the Child and Young Person's Visitor under the Children and Young People (Safety) Act 2017;
	(2)	Section 4(1), definition of guardian—delete "Minister under the Children's Protection Act 1993" and substitute:
Chief Executive under the Children and Young People (Safety) Act 2017
	(3)	Section 4(1), definition of Guardian for Children and Young Persons—delete the definition and substitute:
Guardian for Children and Young People means the Guardian for Children and Young People appointed under the Children and Young People (Oversight and Advocacy Bodies) Act 2017;
150—Amendment of section 10—Official visitors
Section 10—after "Visitor" insert:
, the Child and Young Person's Visitor
151—Amendment of section 14—Training Centre Visitor's functions
Section 14(2)(b)(i)—delete "Minister under the Children's Protection Act 1993" and substitute:
Chief Executive under the Children and Young People (Safety) Act 2017
152—Amendment of section 43—Community programs
Section 43(3)(b)—delete "Minister, or of whom the Minister has custody, under the Children's Protection Act 1993" and substitute:
Chief Executive, or of whom the Chief Executive has custody, under the Children and Young People (Safety) Act 2017
153—Insertion of section 21A
After section 21 insert:
21A—Persons not to be employed in training centres etc unless assessed
	(1)	A person must not be employed in a training centre or other facility established by the Minister under section 21 unless the person has undergone a psychological or psychometric assessment of a kind determined by the Chief Executive for the purposes of this section.
	(2)	However, subsection (1) does not apply to the employment of a person or a person of a class, or the employment of a person in circumstances, prescribed by the regulations for the purposes of this subsection.
	(3)	A person who is employed in a training centre or other facility in contravention of subsection (1) is guilty of an offence.
Maximum penalty: 
	(a)	for a first or second offence—$20 000;
	(b)	for a third or subsequent offence—$50 000 or imprisonment for 1 year.
	(4)	A person who employs, or continues to employ, a person in a training centre or other facility in contravention of subsection (1) is guilty of an offence.
Maximum penalty: 
	(a)	in the case of a natural person—$50 000 or imprisonment for 1 year; or
	(b)	in the case of a body corporate—$120 000.
	(5)	For the purposes of this section, a reference to a person being employed will be taken to include a reference to a person who—
	(a)	is a self‑employed person; or
	(b)	carries out work under a contract for services; or
	(c)	carries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or
	(d)	undertakes practical training as part of an educational or vocational course; or
	(e)	carries out work as a volunteer; or
	(f)	performs unpaid community work in accordance with an order of a court,
and a reference to employ is to be construed accordingly.

HA GP 683-B OPC 50