Title: Statutes Amendment (Children in Care) Bill 2023
Author: Office of Parliamentary Counsel
Last saved by: Ewart, Richard (AGD)
Category: parliamentary.copy
Document comments: lc82

Legislative Council—No 82
As introduced and read a first time, 8 March 2023

Statutes Amendment (Children in Care) Bill 2023
Contents

Statutes Amendment (Children in Care) Bill 2023

Statutes Amendment (Children in Care) Bill 2023
Part 1—Preliminary

Statutes Amendment (Children in Care) Bill 2023
Preliminary—Part 1

Statutes Amendment (Children in Care) Bill 2023
Part 2—Amendment of Children and Young People (Safety) Act 2017

Statutes Amendment (Children in Care) Bill 2023
Amendment of Children and Young People (Safety) Act 2017—Part 2

Statutes Amendment (Children in Care) Bill 2023
Part 3—Amendment of Education and Children's Services Act 2019

Statutes Amendment (Children in Care) Bill 2023
Amendment of Education and Children's Services Act 2019—Part 3

South Australia
Statutes Amendment (Children in Care) Bill 2023
A Bill For
An Act to amend the Children and Young People (Safety) Act 2017 and the Education and Children's Services Act 2019.

Contents
Part 1—Preliminary
1	Short title
Part 2—Amendment of Children and Young People (Safety) Act 2017
2	Insertion of section 15A
15A	Minister to report on educational attainment of children and young people in care
Part 3—Amendment of Education and Children's Services Act 2019
3	Insertion of Part 3A
Part 3A—Ministerial cooperation in relation to education of children in residential facilities
15A	Annual meeting with Minister responsible for Children and Young People (Safety) Act 2017
15B	Ministerial Report

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Statutes Amendment (Children in Care) Act 2023.

Part 2—Amendment of Children and Young People (Safety) Act 2017
2—Insertion of section 15A
After section 15 insert:
15A—Minister to report on educational attainment of children and young people in care
	(1)	The Minister must, not later than 31 March in each year, cause a report to be prepared and provided to the Minister setting out—
	(a)	statistical data detailing the educational attainments of each child or young person in care during the preceding school year; and
	(b)	aggregated statistical data comparing the educational attainments of children and young people in care with the educational attainments of children and young people in the State generally; and
	(c)	any emerging trends or recurring themes in relation to the educational attainments of children and young people in care; and
	(d)	any other information required by the regulations for the purposes of this paragraph.
	(2)	However, a report under this section must not directly or indirectly disclose the identity of a child or young person in care.
	(3)	The Minister must, as soon as is reasonably practicable after receiving a report under this section, cause a copy of the report to be published on a website determined by the Minister.
	(4)	The Minister must, within 6 sitting days after receiving a report under this section, cause a copy of the report to be laid before each House of Parliament.
	(5)	The requirements of this section are in addition to any other reporting obligations of the Minister.
	(6)	This section will be taken not to apply in relation to the 2023 school year.
	(7)	In this section—
educational attainments means—
	(a)	awarding of the South Australian Certificate of Education (within the meaning of the SACE Board of South Australia Act 1983); or
	(b)	completion of studies that lead to awarding of the South Australian Certificate of Education; or
	(c)	participation in an approved learning program (within the meaning of the Education and Children's Services Act 2019); or
	(d)	awarding or achievement of, or participation in, any other educational program prescribed by the regulations,
and includes a failure to achieve such an award, or to complete or participate in such a program.

Part 3—Amendment of Education and Children's Services Act 2019
3—Insertion of Part 3A
After section 15 insert:
Part 3A—Ministerial cooperation in relation to education of children in residential facilities
15A—Annual meeting with Minister responsible for Children and Young People (Safety) Act 2017
	(1)	The Minister must, at least once in each 12 month period, meet with the Minister to whom the administration of the Children and Young People (Safety) Act 2017 is committed.
	(2)	Without limiting the matters that may be discussed, the Ministers must discuss the following matters at each meeting:
	(a)	the number of children currently living in residential facilities throughout the State;
	(b)	any changes in trends relating to—
	(i)	the average age of children currently living in residential facilities; and
	(ii)	the gender of such children; and
	(iii)	the average length of time for which such children have been living in a residential facility; and
	(iv)	the location of schools at which such children are enrolled; and
	(v)	school attendance of such children; and
	(vi)	academic outcomes for such children;
	(c)	any developments in the challenges generally faced by children living in residential facilities in attending school.
	(3)	Without limiting subsection (2), the Minister may, in the course of a meeting, discuss matters relating to a specific child.
	(4)	Each Minister must, as soon as is reasonably practicable after a meeting, provide to the Chief Executive of the Department responsible for assisting the Minister in the administration of this Act or the Children and Young People (Safety) Act 2017 (as the case requires) a summary of the meeting, including information setting out any actions to be taken arising out of the meeting.
	(5)	In this section—
residential facility means a licenced children's residential facility within the meaning of the Children and Young People (Safety) Act 2017.
15B—Ministerial Report
	(1)	The Minister must, on or before 31 March in each year, cause a report on the operation of this Part to be prepared in relation to the 12 months ending on 31 December in the preceding year.
	(2)	A report prepared under this section must not contain information that identifies a child, or from which the identity of a child can be ascertained.
	(3)	The Minister must, within 12 sitting days after a report being prepared under this section, have copies of the report laid before both Houses of Parliament.

LC GP 155-B: Hon Sarah Game MLC