South Australia: Children and Young People (Oversight and Advocacy Bodies) Act 2016 (SA)

South Australia Children and Young People (Oversight and Advocacy Bodies) Act 2016 An Act to establish the Commissioner for Children and Young People; to establish the Commissioner for Aboriginal Children and Young People; to continue the Guardian for Children and Young People, the Child Death and Serious Injury Review Committee; to establish the Child Development Council; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Meaning of rights, development and wellbeing 5 State authorities to seek to give effect to United Nations Convention on the Rights of the Child etc 6 Act to bind, and impose criminal liability on, the Crown Part 2—Commissioner for Children and Young People Division 1—Commissioner for Children and Young People 7 Commissioner for Children and Young People 8 Appointment of CCYP 9 Appointment of acting CCYP 10 Delegation 11 Staff and resources 12 Employees 13 Use of staff etc of Public Service 13A Reporting obligations Division 2—Functions and powers of CCYP 14 General functions of CCYP 14A Collaboration between CCYP and CACYP 14B Referral of matters to CACYP 14C Jurisdictional disputes 15 CCYP may inquire into matters affecting children and young people at systemic level 16 Powers of CCYP 17 Recommendations Division 3—Reporting 18 Report of inquiry under section 15 19 CCYP may provide other reports 20 CCYP may publish reports Part 2A—Commissioner for Aboriginal Children and Young People Division 1—Commissioner for Aboriginal Children and Young People 20A Commissioner for Aboriginal Children and Young People 20B Appointment of CACYP 20C Appointment of acting CACYP 20D Delegation 20E Staff and resources 20F Employees 20G Use of staff etc of Public Service 20H Reporting obligations Division 2—Functions and powers of CACYP 20I General functions of CACYP 20J Collaboration between CACYP and CCYP 20K Referral of matters to CCYP 20L Jurisdictional disputes 20M CACYP may inquire into matters affecting Aboriginal children and young people at systemic level 20N Powers of CACYP 20O Recommendations Division 3—Reporting 20P Report of inquiry under section 20M 20Q CACYP may provide other reports 20R CACYP may publish reports Part 3—Guardian for Children and Young People 21 Guardian for Children and Young People 22 Terms and conditions of appointment 23 Delegation 24 Staff and resources 25 Use of staff etc of Public Service 26 Functions and powers of Guardian 27 Participation of children and young people in development of practices etc 28 Reporting obligations 29 Guardian may provide other reports Part 4—Child Death and Serious Injury Review Committee 30 Continuation of Child Death and Serious Injury Review Committee 31 Terms and conditions of members 32 Presiding member 33 Procedures of the Committee 34 Delegation 35 Staff and resources 36 Use of staff and facilities etc 37 Functions of the Committee 38 Powers of Committee 39 Reporting obligations Part 5—Referral of matters 40 Guardian or Committee may refer matter to CCYP or CACYP 41 CCYP, CACYP, Guardian and Committee may report, and must refer, certain matters to appropriate body 42 CCYP, CACYP and Guardian may make complaints to Ombudsman 43 CCYP, CACYP and Guardian may make complaints to Health and Community Services Complaints Commissioner 44 Immediate reports to Parliament 45 Referral of matters to inquiry agencies etc not affected Part 6—Child Development Council Division 1—Child Development Council 46 Establishment of Child Development Council 47 Terms and conditions of membership 48 Presiding member and deputy presiding member 49 Delegation 50 Committees 51 Council's procedures 52 CCYP and CACYP or representative may attend meetings of Council 53 Staff and resources 54 Use of staff etc of Public Service 55 Functions and powers of Council 56 Reporting obligations Division 2—Outcomes Framework for Children and Young People 57 Outcomes Framework for Children and Young People 58 Statutory duty of State authorities in respect of Outcomes Framework Part 7—Information gathering and sharing 59 No obligation to maintain secrecy 60 CCYP or CACYP may require State authority to provide report 61 CCYP, CACYP or Guardian may require information 62 Sharing of information between certain persons and bodies 63 Interaction with Public Sector (Data Sharing) Act 2016 Part 8—Miscellaneous 64 Obstruction etc 65 False or misleading statements 66 Confidentiality 67 Victimisation 68 Protections, privileges and immunities 69 Service 71 Regulations Schedule 1—Transitional provisions Part 6—Transitional provisions 12 Guardian for Children and Young People 13 Commissioner for Aboriginal Children and Young People Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Children and Young People (Oversight and Advocacy Bodies) Act 2016. 3—Interpretation (1) In this Act, unless the contrary intention appears— Aboriginal child or young person means a child or young person who— (a) is of Australian Aboriginal descent; and (b) regards themselves as Aboriginal, or is regarded as Aboriginal by at least 1 of their parents or the relevant Aboriginal community, and includes, for the purposes of this Act, a Torres Strait Islander child or young person and a reference to Aboriginal children and young people is to be construed accordingly; Aboriginal person means a person who— (a) is of Australian Aboriginal descent; and (b) regards themselves as Aboriginal; and (c) is accepted as an Aboriginal person by the relevant Aboriginal community, and includes, for the purposes of this Act, a Torres Strait Islander person; Child Death and Serious Injury Review Committee or Committee means the Child Death and Serious Injury Review Committee continued under section 30; Child Development Council or Council means the Child Development Council established under Part 6; Commissioner for Aboriginal Children and Young People or CACYP means the person for the time being holding or acting in the office of Commissioner for Aboriginal Children and Young People under Part 2A; Commissioner for Children and Young People or CCYP means the person for the time being holding or acting in the office of Commissioner for Children and Young People under Part 2; Guardian for Children and Young People or Guardian means the person for the time being holding or acting in the office of Guardian for Children and Young People under Part 3; Outcomes Framework for Children and Young People or Outcomes Framework means the Outcomes Framework for Children and Young People prepared in accordance with section 57, as in force from time to time; State authority means— (a) a person who holds an office established by an Act; or (b) a public sector agency; or (c) South Australia Police; or (d) a local council constituted under the Local Government Act 1999; or (e) any incorporated or unincorporated body— (i) established for a public purpose by an Act; or (ii) established for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations); or (iii) established, or subject to control or direction, by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a local council (whether or not established by or under an Act or an enactment); or (f) any other person or body declared by the regulations to be a State authority, but does not include a person or body declared by the regulations to be excluded from the ambit of this definition; Torres Strait Islander child or young person means a child or young person who— (a) is of Torres Strait Islander descent; and (b) regards themselves as Torres Strait Islander, or is regarded as Torres Strait Islander by at least 1 of their parents or the relevant Torres Strait Islander community; Torres Strait Islander person means a person who— (a) is of Torres Strait Islander descent; and (b) regards themselves as Torres Strait Islander; and (c) is accepted as a Torres Strait Islander person by the relevant Torres Strait Islander community. (2) For the purposes of this Act, a reference to children and young people will be taken to be a reference to persons who are under 18 years of age. 4—Meaning of rights, development and wellbeing (1) For the purposes of this Act, a reference to the rights of children and young people will be taken to include a reference to rights recognised in accordance with statutory and common law, rights set out from time to time in the United Nations Convention on the Rights of the Child and the United Nations Declaration on the Rights of Indigenous Peoples and rights set out in any other relevant international human rights instruments. (2) For the purposes of this Act, a reference to the development of children and young people will be taken to include a reference to the physical, cultural, social, emotional and intellectual growth of each individual from birth through to adulthood. (3) For the purposes of this Act, a reference to the wellbeing of children and young people will be taken to include a reference to— (a) the care, development, education, physical and mental health and safety of each individual from birth through to adulthood; and (b) the cultural identity, safety and wellbeing of children and young people. 5—State authorities to seek to give effect to United Nations Convention on the Rights of the Child etc Each State authority must, in carrying out its functions or exercising its powers, protect, respect and seek to give effect to the rights set out from time to time in the United Nations Convention on the Rights of the Child, the United Nations Declaration on the Rights of Indigenous Peoples and any other relevant international human rights instruments affecting children and young people. 6—Act to bind, and impose criminal liability on, the Crown (1) This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) The Crown is liable for an offence against this Act. (3) If the Crown is guilty of an offence against this Act, the penalty that may be imposed on the Crown is the penalty that may be imposed on a body corporate. Part 2—Commissioner for Children and Young People Division 1—Commissioner for Children and Young People 7—Commissioner for Children and Young People (1) There is to be a Commissioner for Children and Young People. (2) The CCYP is independent of direction or control by the Crown or any Minister or officer of the Crown. 8—Appointment of CCYP (1) The CCYP will be appointed by the Governor on conditions, and for a term (not exceeding 7 years), determined by the Governor and specified in the instrument of appointment. (2) A person appointed to be the CCYP is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any term as acting CCYP) that exceed 10 years in total. (3) The Governor may, by regulation, establish a scheme for the recruitment of the CCYP (and recruitment of the CCYP must comply with that scheme). (4) A person may only be appointed to be the CCYP if, following referral by the Minister of the proposed appointment to the Statutory Officers Committee established under the Parliamentary Committees Act 1991— (a) the appointment has been approved by the Committee; or (b) the Committee has not, within 7 days of the referral, or such longer period as is allowed by the Minister, notified the Minister in writing that it does not approve the appointment. (5) Despite the Parliamentary Committees Act 1991, the Statutory Officers Committee must not report on, or publish material in relation to, matters referred to the Committee under subsection (4) except to the extent allowed by the Minister (but this subsection does not derogate from section 15I(2) of the Parliamentary Committees Act 1991). (6) If the CCYP was, immediately before their appointment, employed in the Public Service, the CCYP retains existing and accruing rights in respect of leave. (7) The CCYP must not, without the consent of the Minister, engage in any remunerated employment or activity apart from official duties. (8) The Governor may, on the address of both Houses of Parliament, remove the CCYP from office. (9) The Governor may suspend the CCYP from office (with, or without, pay) for— (a) contravention of a condition of appointment; or (b) misconduct or conduct that may bring the office of CCYP into disrepute; or (c) failure or incapacity to carry out official duties satisfactorily. (10) If the Governor suspends the CCYP from office, a full statement of the reason for the suspension must be laid before both Houses of Parliament within 7 days after the suspension if Parliament is then in session or, if not, within 7 days after the commencement of the next session of Parliament. (11) If, at the end of 20 sitting days after the statement is laid before Parliament, neither House of Parliament has presented an address to the Governor requiring the CCYP to be restored to office, the CCYP is removed from office. (12) If within 20 sitting days after the statement is laid before Parliament either House of Parliament presents an address to the Governor requiring the CCYP to be restored to office, the CCYP is restored to office. (13) The office of CCYP becomes vacant if the holder— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Governor; or (d) is nominated for election as a member of an Australian Parliament; or (e) becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or (f) is convicted of— (i) an indictable offence against the law of this State; or (ii) an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or (iii) an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or (g) is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or (ga) becomes a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016; or (h) is removed from office by the Governor under this section. (14) Except as is provided by this section, the CCYP may not be removed or suspended from office, nor will the office of the CCYP become vacant. (15) The CCYP is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995. 9—Appointment of acting CCYP (1) The Governor may appoint a person (who may be a Public Service employee) to act as the CCYP during any period for which— (a) no person is for the time being appointed as the CCYP; or (b) the CCYP is absent from, or unable to discharge, official duties. (2) The terms and conditions of appointment of the person appointed to act as the CCYP will be determined by the Governor. (3) A person appointed to act as the CCYP is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995. 10—Delegation (1) Subject to this section, the CCYP may delegate a function or power under this Act (other than a prescribed function or power) to any person or body that is, in the CCYP's opinion, competent to perform or exercise the relevant function or power. (2) A delegation under this section— (a) must be in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) does not prevent the delegator from acting in any matter. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 11—Staff and resources The Minister must provide the CCYP with the staff and other resources that the CCYP reasonably needs for carrying out the CCYP's functions. 12—Employees (1) The CCYP may engage employees on terms and conditions determined by the CCYP. (2) The employees are not Public Service employees but will, for the purposes of the Public Sector (Honesty and Accountability) Act 1995, be taken to be public sector employees employed by the CCYP. 13—Use of staff etc of Public Service The CCYP may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit. 13A—Reporting obligations (1) The CCYP must, on or before 31 October in each year, report to the Minister on the performance of the CCYP's functions during the preceding financial year. (2) The Minister must, within 6 sitting days after receiving a report from the CCYP, have copies of the report laid before both Houses of Parliament. Division 2—Functions and powers of CCYP 14—General functions of CCYP (1) The functions of the CCYP are— (a) to promote and advocate for the rights and interests of all children and young people, or a particular group of children and young people, in South Australia; and (b) to promote the participation by children and young people in the making of decisions that affect their lives; and (c) to advise, and make recommendations to, Ministers, State authorities and other bodies (including non-Government bodies) on matters related to the rights, development and wellbeing of children and young people at a systemic level; and (d) to inquire under section 15 into matters related to the rights, development and wellbeing of children and young people at a systemic level (whether a Governmental system or otherwise); and (e) to assist in ensuring that the State, as part of the Commonwealth, satisfies its international obligations in respect of children and young people; and (f) to undertake or commission research into topics related to children and young people; and (g) to prepare and publish reports on matters related to the rights, development and wellbeing of children and young people at a systemic level; and (h) such other functions as may be conferred on the CCYP by or under this or any other Act. (2) Without limiting any other provision of this Act, the CCYP should consult with and engage children and young people in the performance of the CCYP's functions under this Act, and in particular should seek to engage those groups of children and young people whose ability to make their views known is limited for any reason. 14A—Collaboration between CCYP and CACYP The CCYP should, in the performance of their functions, collaborate on matters of common interest with the CACYP to such extent as is reasonably practicable. 14B—Referral of matters to CACYP (1) If, in the course of performing functions under this Act, the CCYP becomes aware of a matter that, in the opinion of the CCYP, should be referred to the CACYP for action under this Act, then the CCYP may refer the matter to the CACYP. (2) Nothing in subsection (1) prevents the CCYP from reporting or referring the matter under any other provision of this Act or any other Act. 14C—Jurisdictional disputes (1) If the CCYP becomes aware that the CACYP is inquiring into a matter under section 20M that appears to the CCYP to fall within the CCYP's jurisdiction, the CCYP must raise the matter with the CACYP and attempt to resolve which Commissioner should inquire into the matter. (2) If the CCYP and CACYP are unable to resolve which Commissioner should inquire into the matter, the CCYP must refer the matter to the Minister. (3) The Minister must determine whether the CCYP or the CACYP should inquire into the matter referred under subsection (2). (4) If the Minister determines that the CACYP should inquire into the matter, the CCYP may not inquire into the matter (unless the Minister subsequently determines otherwise). 15—CCYP may inquire into matters affecting children and young people at systemic level (1) Subject to this Act, but otherwise in the CCYP's absolute discretion, the CCYP may conduct an inquiry into— (a) the policies, practices and procedures of a State authority or authorities as they relate to the rights, development and wellbeing of children and young people generally, or a particular group of children and young people; and (b) any other matter declared by the regulations to fall within the ambit of this subsection. (2) However, the CCYP may only conduct an inquiry under this section if the CCYP suspects that— (a) the matter raises an issue of particular significance to children and young people; and (b) the matter is of a systemic nature rather than being limited to an isolated incident; and (c) it is in the public interest to conduct the inquiry. (3) To avoid doubt, and without limiting any other provision of this section, the CCYP— (a) may, in the course of conducting an inquiry into matters of a systemic nature, consider a matter affecting a particular child or young person; and (b) may conduct an inquiry under this section as a consequence of becoming aware of a matter affecting a particular child or young person. (4) The CCYP must not conduct an inquiry under this section if to do so would be likely to impede an investigation or proposed investigation relating to a matter that is being, or is to be, conducted by an inquiry agency. (5) Subject to this Act, the CCYP may conduct an inquiry under this section in such manner as the CCYP thinks fit. (6) A State authority must assist the CCYP in the conduct of an inquiry under this section as requested by the CCYP. (7) The CCYP must inform each relevant State authority as to the nature and timing of an inquiry under this section. (8) In this section— inquiry agency has the same meaning as in section 45. 16—Powers of CCYP (1) For the purposes of an inquiry under section 15, the CCYP has the powers of a commission as defined in the Royal Commissions Act 1917 and that Act applies as if— (a) the CCYP were a commission as so defined; and (b) the subject matter of the inquiry were set out in a commission of inquiry issued by the Governor under that Act. (2) For the purposes of any other function under this Act, the CCYP has such powers as may be necessary or expedient for the performance of that function. 17—Recommendations (1) The CCYP may, on completing an inquiry under section 15, or in response to issues observed by the CCYP in the course of such an inquiry, by notice in writing recommend to a State authority that the State authority— (a) change practices, policies or procedures in a specified way or review practices, policies or procedures to achieve specified outcomes; or (b) conduct, or participate in, specified educational programs or educational programs designed to achieve specified outcomes; or (c) take such other action as may be specified by the CCYP. (2) The responsible authority for a State authority must, in relation to a recommendation under subsection (1), provide to the CCYP a report setting out— (a) whether the State authority proposes, or does not propose, to implement the recommendation; and (b) if the State authority proposes to implement the recommendation—details of how the implementation is to be recommended; and (c) if the State authority does not propose to implement the recommendation—an explanation as to why the recommendation is not to be implemented. (3) If— (a) a State authority proposes to implement a recommendation; and (b) the CCYP is of the opinion that a State authority has failed or refused to do so, the CCYP may require the State authority to provide to the CCYP within a specified period a report setting out the reasons for the failure or refusal. (4) The CCYP may submit a copy of a report under subsection (3) to the Minister setting out the views of the CCYP in respect of the State authority's failure or refusal to implement a recommendation. (5) The Minister must, on receiving a report under subsection (4), prepare a report to Parliament setting out— (a) the Minister's response to the CCYP's report; and (b) if any action has been taken, or is proposed to be taken, (whether by the Minister, a State authority or any other person or body) in relation to a recommendation to which the CCYP's report relates—details of that action or proposed action; and (c) if no action is to be taken (whether by the Minister, a State authority or any other person or body) in relation to a recommendation to which the CCYP's report relates—the reasons for not taking action; and (d) any other information required by the regulations. (6) The Minister must, within 6 sitting days after completing a report under subsection (5), cause a copy of both the report and the CCYP's report under subsection (4) to be laid before both Houses of Parliament. Division 3—Reporting 18—Report of inquiry under section 15 (1) The CCYP must, on completing an inquiry under section 15, prepare and deliver to the Minister a report on the inquiry (including details of any recommendations made in respect of the inquiry). (2) The Minister must, within 6 sitting days after receiving a report under subsection (1), cause a copy of the report to be laid before both Houses of Parliament. (3) The Minister must, on receiving a report under subsection (1)— (a) provide a copy of the report to the Minister responsible for each area identified in the report; and (b) prepare a report setting out— (i) the Minister's response to the CCYP's report; and (ii) if any action has been taken, or is proposed to be taken, (whether by a Minister, a State authority or any other person or body) in relation to the CCYP's report—details of that action or proposed action; and (iii) if no action is to be taken (whether by a Minister, a State authority or any other person or body) in relation to the CCYP's report—the reasons for not taking action; and (iv) any other information required by the regulations. (4) The Minister must, within 6 sitting days after completing a report under subsection (3), cause a copy of the report to be laid before both Houses of Parliament. 19—CCYP may provide other reports (1) The CCYP may prepare and provide to the Minister, or to another Minister responsible for a particular area, reports on matters related to the rights, development and wellbeing of children and young people at a systemic level. (2) The Minister to whom a report is provided under subsection (1) must, within 6 sitting days after receiving the report, cause a copy of the report to be laid before both Houses of Parliament. 20—CCYP may publish reports The CCYP may, once a report under this Part has been laid before each House of Parliament and after consultation with the Minister, publish all or part of the report as the CCYP thinks fit. Part 2A—Commissioner for Aboriginal Children and Young People Division 1—Commissioner for Aboriginal Children and Young People 20A—Commissioner for Aboriginal Children and Young People (1) There is to be a Commissioner for Aboriginal Children and Young People. (2) The CACYP is independent of direction or control by the Crown or any Minister or officer of the Crown. 20B—Appointment of CACYP (1) The CACYP will be appointed by the Governor on conditions, and for a term (not exceeding 7 years), determined by the Governor and specified in the instrument of appointment. (2) A person appointed to be the CACYP is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any term as acting CACYP) that exceed 10 years in total. (3) Despite a provision of the Equal Opportunity Act 1984 or any other Act or law, a person appointed to be the CACYP must be an Aboriginal person. (4) The Governor may, by regulation, establish a scheme for the recruitment of the CACYP (and recruitment of the CACYP must comply with that scheme). (5) A person may only be appointed to be the CACYP if, following referral by the Minister of the proposed appointment to the Statutory Officers Committee established under the Parliamentary Committees Act 1991— (a) the appointment has been approved by the Committee; or (b) the Committee has not, within 7 days of the referral, or such longer period as is allowed by the Minister, notified the Minister in writing that it does not approve the appointment. (6) Despite the Parliamentary Committees Act 1991, the Statutory Officers Committee must not report on, or publish material in relation to, matters referred to the Committee under subsection (5) except to the extent allowed by the Minister (but this subsection does not derogate from section 15I(2) of the Parliamentary Committees Act 1991). (7) If the CACYP was, immediately before their appointment, employed in the Public Service, the CACYP retains existing and accruing rights in respect of leave. (8) The CACYP must not, without the consent of the Minister, engage in any remunerated employment or activity apart from official duties. (9) The Governor may, on the address of both Houses of Parliament, remove the CACYP from office. (10) The Governor may suspend the CACYP from office (with, or without, pay) for— (a) contravention of a condition of appointment; or (b) misconduct or conduct that may bring the office of CACYP into disrepute; or (c) failure or incapacity to carry out official duties satisfactorily. (11) If the Governor suspends the CACYP from office, a full statement of the reason for the suspension must be laid before both Houses of Parliament within 7 days after the suspension if Parliament is then in session or, if not, within 7 days after the commencement of the next session of Parliament. (12) If, at the end of 20 sitting days after the statement is laid before Parliament, neither House of Parliament has presented an address to the Governor requiring the CACYP to be restored to office, the CACYP is removed from office. (13) If within 20 sitting days after the statement is laid before Parliament either House of Parliament presents an address to the Governor requiring the CACYP to be restored to office, the CACYP is restored to office. (14) The office of CACYP becomes vacant if the holder— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Governor; or (d) is nominated for election as a member of an Australian Parliament; or (e) becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or (f) is convicted of— (i) an indictable offence against the law of this State; or (ii) an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or (iii) an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or (g) is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or (h) becomes a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016; or (i) is removed from office by the Governor under this section. (15) Except as is provided by this section, the CACYP may not be removed or suspended from office, nor will the office of the CACYP become vacant. (16) The CACYP is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995. 20C—Appointment of acting CACYP (1) The Governor may appoint a person (who may be a Public Service employee) to act as the CACYP during any period for which— (a) no person is for the time being appointed as the CACYP; or (b) the CACYP is absent from, or unable to discharge, official duties. (2) Despite a provision of the Equal Opportunity Act 1984 or any other Act or law, a person appointed to act as the CACYP must be an Aboriginal person. (3) The terms and conditions of appointment of the person appointed to act as the CACYP will be determined by the Governor. (4) A person appointed to act as the CACYP is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995. 20D—Delegation (1) Subject to this section, the CACYP may delegate a function or power under this Act (other than a prescribed function or power) to any person or body that is, in the CACYP's opinion, competent to perform or exercise the relevant function or power. (2) A delegation under this section— (a) must be in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) does not prevent the delegator from acting in any matter. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 20E—Staff and resources The Minister must provide the CACYP with the staff and other resources that the CACYP reasonably needs for carrying out the CACYP's functions. 20F—Employees (1) The CACYP may engage employees on terms and conditions determined by the CACYP. (2) The employees are not Public Service employees but will, for the purposes of the Public Sector (Honesty and Accountability) Act 1995, be taken to be public sector employees employed by the CACYP. 20G—Use of staff etc of Public Service The CACYP may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit. 20H—Reporting obligations (1) The CACYP must, on or before 31 October in each year, report to the Minister on the performance of the CACYP's functions during the preceding financial year. (2) The Minister must, within 6 sitting days after receiving a report from the CACYP, have copies of the report laid before both Houses of Parliament. Division 2—Functions and powers of CACYP 20I—General functions of CACYP (1) The functions of the CACYP are— (a) to promote and advocate for the rights and interests of all Aboriginal children and young people, or a particular group of Aboriginal children and young people, in South Australia; and (b) to promote the participation by Aboriginal children and young people in the making of decisions that affect their lives; and (c) to advise, and make recommendations to, Ministers, State authorities and other bodies (including non‑Government bodies) on matters related to the rights, development and wellbeing of Aboriginal children and young people at a systemic level; and (d) to inquire under section 20M into matters related to the rights, development and wellbeing of Aboriginal children and young people at a systemic level (whether a Governmental system or otherwise); and (e) to assist in ensuring that the State, as part of the Commonwealth, satisfies its international obligations in respect of Aboriginal children and young people; and (f) to undertake or commission research into topics related to Aboriginal children and young people; and (g) to prepare and publish reports on matters related to the rights, development and wellbeing of Aboriginal children and young people at a systemic level; and (h) such other functions as may be conferred on the CACYP by or under this or any other Act. (2) The CACYP may perform a function in respect of an Aboriginal child or young person, or a particular group of Aboriginal children and young people, if, at the time the CACYP is performing the function, the CACYP believes on reasonable grounds that the child or young person is an Aboriginal child or young person, or the group of children and young people is a group of Aboriginal children and young people. (3) Without limiting any other provision of this Act, the CACYP will consult with and engage Aboriginal children and young people, and their families and communities, in the performance of the CACYP's functions under this Act, and in particular will seek to engage those groups of Aboriginal children and young people, and their families and communities, whose ability to make their views known is limited for any reason. (4) In this section— family, in relation to an Aboriginal child or young person or a Torres Strait Islander child or young person, includes— (a) the child or young person's extended family; and (b) members of the child or young person's family who are not biologically related to the child or young person; and (c) any person related to the child or young person in accordance with Aboriginal or Torres Strait Islander traditional practice or custom (as the case requires), and families has a corresponding meaning. 20J—Collaboration between CACYP and CCYP The CACYP should, in the performance of their functions, collaborate on matters of common interest with the CCYP to such extent as is reasonably practicable. 20K—Referral of matters to CCYP (1) If, in the course of performing functions under this Act, the CACYP becomes aware of a matter that, in the opinion of the CACYP, should be referred to the CCYP for action under this Act, then the CACYP may refer the matter to the CCYP. (2) Nothing in subsection (1) prevents the CACYP from reporting or referring the matter under any other provision of this Act or any other Act. 20L—Jurisdictional disputes (1) If the CACYP becomes aware that the CCYP is inquiring into a matter under section 15 that appears to the CACYP to fall within the CACYP's jurisdiction, the CACYP must raise the matter with the CCYP and attempt to resolve which Commissioner should inquire into the matter. (2) If the CACYP and CCYP are unable to resolve which Commissioner should inquire into the matter, the CACYP must refer the matter to the Minister. (3) The Minister must determine whether the CACYP or the CCYP should inquire into the matter referred under subsection (2). (4) If the Minister determines that the CCYP should inquire into the matter, the CACYP may not inquire into the matter (unless the Minister subsequently determines otherwise). 20M—CACYP may inquire into matters affecting Aboriginal children and young people at systemic level (1) Subject to this Act, but otherwise in the CACYP's absolute discretion, the CACYP may conduct an inquiry into— (a) the policies, practices and procedures of a State authority or authorities as they relate to the rights, development and wellbeing of Aboriginal children and young people generally, or a particular group of Aboriginal children and young people; and (b) any other matter declared by the regulations to fall within the ambit of this subsection. (2) However, the CACYP may only conduct an inquiry under this section if the CACYP suspects that— (a) the matter raises an issue of particular significance to Aboriginal children and young people; and (b) the matter is of a systemic nature rather than being limited to an isolated incident; and (c) it is in the public interest to conduct the inquiry. (3) To avoid doubt, and without limiting any other provision of this section, the CACYP— (a) may, in the course of conducting an inquiry into matters of a systemic nature, consider a matter affecting a particular Aboriginal child or young person; and (b) may conduct an inquiry under this section as a consequence of becoming aware of a matter affecting a particular Aboriginal child or young person. (4) The CACYP must not conduct an inquiry under this section if to do so would be likely to impede an investigation or proposed investigation relating to a matter that is being, or is to be, conducted by an inquiry agency. (5) Subject to this Act, the CACYP may conduct an inquiry under this section in such manner as the CACYP thinks fit. (6) A State authority must assist the CACYP in the conduct of an inquiry under this section as requested by the CACYP. (7) The CACYP must inform each relevant State authority as to the nature and timing of an inquiry under this section. (8) In this section— inquiry agency has the same meaning as in section 45. 20N—Powers of CACYP (1) For the purposes of an inquiry under section 20M, the CACYP has the powers of a commission as defined in the Royal Commissions Act 1917 and that Act applies as if— (a) the CACYP were a commission as so defined; and (b) the subject matter of the inquiry were set out in a commission of inquiry issued by the Governor under that Act. (2) For the purposes of any other function under this Act, the CACYP has such powers as may be necessary or expedient for the performance of that function. 20O—Recommendations (1) The CACYP may, on completing an inquiry under section 20M, or in response to issues observed by the CACYP in the course of such an inquiry, by notice in writing recommend to a State authority that the State authority— (a) change practices, policies or procedures in a specified way or review practices, policies or procedures to achieve specified outcomes; or (b) conduct, or participate in, specified educational programs or educational programs designed to achieve specified outcomes; or (c) take such other action as may be specified by the CACYP. (2) The responsible authority for a State authority must, in relation to a recommendation under subsection (1), provide to the CACYP a report setting out— (a) whether the State authority proposes, or does not propose, to implement the recommendation; and (b) if the State authority proposes to implement the recommendation—details of how the implementation is to be recommended; and (c) if the State authority does not propose to implement the recommendation—an explanation as to why the recommendation is not to be implemented. (3) If— (a) a State authority proposes to implement a recommendation; and (b) the CACYP is of the opinion that a State authority has failed or refused to do so, the CACYP may require the State authority to provide to the CACYP within a specified period a report setting out the reasons for the failure or refusal. (4) The CACYP may submit a copy of a report under subsection (3) to the Minister setting out the views of the CACYP in respect of the State authority's failure or refusal to implement a recommendation. (5) The Minister must, on receiving a report under subsection (4), prepare a report to Parliament setting out— (a) the Minister's response to the CACYP's report; and (b) if any action has been taken, or is proposed to be taken, (whether by the Minister, a State authority or any other person or body) in relation to a recommendation to which the CACYP's report relates—details of that action or proposed action; and (c) if no action is to be taken (whether by the Minister, a State authority or any other person or body) in relation to a recommendation to which the CACYP's report relates—the reasons for not taking action; and (d) any other information required by the regulations. (6) The Minister must, within 6 sitting days after completing a report under subsection (5), cause a copy of both the report and the CACYP's report under subsection (4) to be laid before both Houses of Parliament. Division 3—Reporting 20P—Report of inquiry under section 20M (1) The CACYP must, on completing an inquiry under section 20M, prepare and deliver to the Minister a report on the inquiry (including details of any recommendations made in respect of the inquiry). (2) The Minister must, within 6 sitting days after receiving a report under subsection (1), cause a copy of the report to be laid before both Houses of Parliament. (3) The Minister must, on receiving a report under subsection (1)— (a) provide a copy of the report to the Minister responsible for each area identified in the report; and (b) prepare a report setting out— (i) the Minister's response to the CACYP's report; and (ii) if any action has been taken, or is proposed to be taken, (whether by a Minister, a State authority or any other person or body) in relation to the CACYP's report—details of that action or proposed action; and (iii) if no action is to be taken (whether by a Minister, a State authority or any other person or body) in relation to the CACYP's report—the reasons for not taking action; and (iv) any other information required by the regulations. (4) The Minister must, within 6 sitting days after completing a report under subsection (3), cause a copy of the report to be laid before both Houses of Parliament. 20Q—CACYP may provide other reports (1) The CACYP may prepare and provide to the Minister, or to another Minister responsible for a particular area, reports on matters related to the rights, development and wellbeing of Aboriginal children and young people at a systemic level. (2) The Minister to whom a report is provided under subsection (1) must, within 6 sitting days after receiving the report, cause a copy of the report to be laid before both Houses of Parliament. 20R—CACYP may publish reports The CACYP may, once a report under this Part has been laid before each House of Parliament and after consultation with the Minister, publish all or part of the report as the CACYP thinks fit. Part 3—Guardian for Children and Young People 21—Guardian for Children and Young People (1) There is to be a Guardian for Children and Young People. (2) The Guardian is independent of direction or control by the Crown or any Minister or officer of the Crown. 22—Terms and conditions of appointment (1) The Guardian will be appointed by the Governor on the nomination of the Minister on conditions, and for a term (not exceeding 5 years), determined by the Governor and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment. (2) The Minister must, before nominating a person for appointment as Guardian, call for expressions of interest in accordance with a scheme determined by the Minister. (3) The Guardian is not a Public Service employee. (4) If the Guardian was, immediately before their appointment, employed in the Public Service, the Guardian retains existing and accruing rights in respect of leave. (5) The office of Guardian becomes vacant if the holder— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Governor; or (d) is convicted of— (i) an indictable offence against the law of this State; or (ii) an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or (iii) an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or (e) is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or (f) becomes a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016; or (g) is removed from office by the Governor under subsection (6). (6) The appointment of the Guardian may be terminated by the Governor on the ground that the Guardian— (a) has been guilty of misconduct; or (b) has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or (c) has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (d) has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or (e) is incompetent or has neglected the duties of the position. 23—Delegation (1) The Guardian may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Guardian to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 24—Staff and resources The Minister must provide the Guardian with the staff and other resources that the Guardian reasonably needs for carrying out the Guardian's functions. 25—Use of staff etc of Public Service The Guardian may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit. 26—Functions and powers of Guardian (1) The functions of the Guardian are— (a) to promote the best interests of children under the guardianship, or in the custody, of the Chief Executive, and in particular those in alternative care; and (b) to act as an advocate for the interests of children under the guardianship, or in the custody, of the Chief Executive and, in particular, for any such child who has suffered, or is alleged to have suffered, sexual abuse; and (c) to monitor the circumstances of children under the guardianship, or in the custody, of the Chief Executive; and (d) to provide advice to the Minister on the quality of the provision of care for children under the guardianship, or in the custody of, the Chief Executive and on whether the children's needs are being met; and (e) to inquire into, and provide advice to the Minister in relation to, systemic reform necessary to improve the quality of care provided for children in alternative care; and (f) to investigate and report to the Minister on matters referred to the Guardian by the Minister; and (g) such other functions as may be conferred on the Guardian by or under this or any other Act. (2) In carrying out functions under this section, the Guardian must— (a) encourage children who are affected by issues that the Guardian has under consideration to express their own views and give proper weight to those views; and (b) pay particular attention to the needs of children under the guardianship, or in the custody, of the Chief Executive who have a physical, psychological or intellectual disability; and (c) receive and consider information, reports and materials relevant to carrying out the Guardian's functions. (3) Subject to this Act, the Guardian has such powers as may be necessary or expedient for the performance of the Guardian's functions. (4) In this section— alternative care means care provided for a child on a residential basis— (a) by or through a government or non-government agency; or (b) in a foster home (including a foster home provided by a member of the child's family), and includes care provided in a detention facility for a child who is held there in lawful detention and care provided under independent living arrangements made for a child under the Chief Executive's guardianship; Chief Executive means the Chief Executive within the meaning of the Children and Young People (Safety) Act 2017. 27—Participation of children and young people in development of practices etc The Guardian must establish and maintain processes to ensure the participation of children and young people in strategic, policy or systemic practice development or review processes. 28—Reporting obligations (1) The Guardian must, at the request of the Minister, provide a report to the Minister on the performance of the Guardian's functions or on any other matter specified by the Minister. (2) The Guardian must, on or before 31 October in each year, report to the Minister on the performance of the Guardian's functions during the preceding financial year. (3) The Minister must, within 6 sitting days after receiving a report from the Guardian, have copies of the report laid before both Houses of Parliament. 29—Guardian may provide other reports (1) The Guardian may prepare and provide to the Minister, or to another Minister responsible for a particular area, reports on matters related to the Guardian's functions. (2) The Minister to whom a report is provided under subsection (1) must, within 6 sitting days after receiving the report, cause a copy of the report to be laid before both Houses of Parliament. Part 4—Child Death and Serious Injury Review Committee 30—Continuation of Child Death and Serious Injury Review Committee (1) The Child Death and Serious Injury Review Committee established under the Children's Protection Act 1993 continues in existence. (2) The Committee consists of up to 20 members appointed by the Minister. (3) The Committee is to be subject to direction by the Minister but— (a) the Committee cannot be directed to make a particular finding or recommendation; and (b) a direction must be published in the annual report of the Committee relating to the period in which the direction was given. 31—Terms and conditions of members (1) Subject to this section, a member of the Committee holds office on conditions, and for a term (not exceeding 2 years), determined by the Minister and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment. (2) The office of a member becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is convicted of— (i) an indictable offence against the law of this State; or (ii) an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or (iii) an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or (e) is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or (f) becomes a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016; or (g) is removed from office by the Minister under subsection (3). (3) The Minister may remove a member from office— (a) for misconduct or conduct that brings the Committee into disrepute; or (b) for breach of, or non-compliance with, a condition of appointment; or (c) if the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or (d) if the member has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (e) if the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or (f) for incompetence or neglecting the duties of the position; or (g) any other reason the Minister thinks fit. 32—Presiding member The Minister must appoint a member of the Committee as the presiding member of the Committee. 33—Procedures of the Committee (1) Subject to this Act, a quorum of the Committee consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1. (2) The Committee must meet at least 5 times in each year. (3) The presiding member will preside at a meeting of the Committee and, in the absence of that person, a member chosen by the members present at the meeting will preside. (4) A question arising for decision at a meeting of the Committee will be decided by a majority of the votes cast by the members present at the meeting. (5) Each member present at a meeting of the Committee will be entitled to 1 vote on any question arising for decision at the meeting and, if the votes are equal, the person presiding will have a casting vote. (6) Subject to this Act and any directions of the Minister, the Committee may determine its own procedures. 34—Delegation (1) The Committee may delegate to a member, or a sub-committee of its members, any of its powers or functions under this Act. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Committee to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 35—Staff and resources The Minister must provide the Committee with the staff and other resources that the Committee reasonably needs for carrying out the Committee's functions. 36—Use of staff and facilities etc (1) The Committee may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit. (2) The Committee may, with the Minister's approval, engage an expert to assist it in the review of a particular case or in carrying out any other aspect of its functions. 37—Functions of the Committee (1) The functions of the Committee are— (a) to review cases in which children die or suffer serious injury with a view to identifying legislative or administrative means of preventing similar cases of death or serious injury in the future; and (b) to make, and monitor the implementation of, recommendations for avoiding preventable child death or serious injury; and (c) to maintain a database of child deaths and serious injuries and their circumstances and causes. (2) A review may be carried out if— (a) the incident resulting in the child's death or serious injury occurred in the State; or (b) the child was, at the time of the death or serious injury, ordinarily resident in the State. (3) The Committee should review a case of child death or serious injury if— (a) there are grounds to suspect that the death or serious injury may be due to abuse or neglect; or (b) there are grounds to believe that the death or serious injury might have been prevented by some kind of systemic change; or (c) there had been, within 3 years before the incident resulting in the death or serious injury, a notification to the Department of suspected abuse or neglect of the child, or a member of the child's family; or (d) the child was, at the time of death or serious injury, under the guardianship, or in the custody, of the Chief Executive (within the meaning of the Children and Young People (Safety) Act 2017) or was in custody or detention or in the care of a government agency; or (e) the case has been referred to the Committee by the State Coroner. (4) The Committee must not review a case of child death or serious injury if to do so may compromise an ongoing criminal investigation of the case. (5) The Committee must not review a case of child death or serious injury unless— (a) a coronial inquiry has been completed; or (b) the State Coroner requests the Committee to carry out a review; or (c) the State Coroner indicates that there is no present intention to carry out a coronial inquiry. (6) Without limiting the ways in which the Committee may conduct a review, a review may be carried out by examination of coronial and other records and reports relevant to the case under review. (7) The Committee must not make a finding about civil or criminal liability. (8) The database maintained by the Committee may only be inspected in accordance with the regulations. 38—Powers of Committee (1) Subject to this section, but without limiting any other provision of this Act, the Committee may, for the purposes of a review of a case of child death or serious injury, require a specified person (whether or not the person is a State authority, or an officer or employee of a State authority) to provide to the Committee such information or documents as may be specified in the notice (being information or documents in the possession of the person that the Committee reasonably requires for the review). (2) A person must not refuse or fail to comply with a requirement under subsection (1). Maximum penalty: $10 000. (3) Subsection (2) does not apply to a prescribed person in relation to a child who is the subject of the review. (4) The Committee cannot require a person to disclose or allow access to information or documents subject to the operation of Part 7 or 8 of the Health Care Act 2008. (5) If a State authority refuses or fails to comply with a requirement under subsection (1), the Committee may, after consultation with the State authority— (a) report the refusal or failure to the Minister and to the Minister responsible for the State authority (if any); and (b) include details of the refusal or failure in the annual report of the Committee. (6) In this section— prescribed person, in relation to a child, means a parent, step-parent, foster parent, brother, sister, uncle, aunt, grandfather or grandmother of the child. 39—Reporting obligations (1) The Committee must, at the request of the Minister, provide a report to the Minister on the performance of its functions or on any other matter specified by the Minister. (2) The Committee must, on or before 31 October in each year, report to the Minister on the performance of its functions during the preceding financial year. (3) The Minister must, within 6 sitting days after receiving a report under subsection (2), have copies of the report laid before both Houses of Parliament. Part 5—Referral of matters 40—Guardian or Committee may refer matter to CCYP or CACYP (1) If, in the course of performing functions under this Act, the Guardian or the Committee becomes aware of a matter that, in the opinion of the Guardian or Committee, should be referred to the CCYP for action under Part 2 or to the CACYP for action under Part 2A, then the Guardian or Committee (as the case requires) may, in a manner and form determined by the CCYP or CACYP, refer the matter to the CCYP or CACYP (as the case requires). (2) Subsection (1) applies whether or not the Guardian or the Committee is reviewing, or has reviewed, an incident to which the matter relates. (3) Nothing in subsection (1) prevents the Guardian or the Committee from reporting or referring the matter under any other provision of this Act or any other Act. 41—CCYP, CACYP, Guardian and Committee may report, and must refer, certain matters to appropriate body (1) If, in the course of performing functions under this Act, the CCYP, the CACYP, the Guardian or the Committee becomes aware of a matter that raises the possibility of professional misconduct or unprofessional conduct, or corruption, misconduct or maladministration in public administration, then the CCYP, CACYP, Guardian or Committee (as the case requires)— (a) in the case of professional misconduct or unprofessional conduct—may report the matter to the relevant regulatory body for that profession; or (b) in the case of corruption in public administration—must refer the matter to the Independent Commission Against Corruption under the Independent Commission Against Corruption Act 2012; or (c) in the case of misconduct or maladministration in public administration—must refer the matter to the Ombudsman under the Ombudsman Act 1972. (2) The CCYP, the CACYP, the Guardian or the Committee (as the case requires) must comply with any reasonable request of the relevant regulatory body for further information in relation to the subject matter of a report under subsection (1)(a). (3) In this section— corruption in public administration means corruption in public administration within the meaning of the Independent Commission Against Corruption Act 2012; misconduct or maladministration in public administration means misconduct in public administration or maladministration in public administration, within the meaning of the Ombudsman Act 1972. 42—CCYP, CACYP and Guardian may make complaints to Ombudsman (1) Despite a provision of the Ombudsman Act 1972, the CCYP, the CACYP or the Guardian may, on behalf of a child or young person, or a class of children or young people— (a) make a complaint to the Ombudsman in respect of an administrative act; or (b) make a prescribed child protection complaint to the Ombudsman, and, for the purposes of the Ombudsman Act 1972, such a complaint will be taken to be a complaint made under that Act. (1a) The CACYP may only make a complaint under this section on behalf of an Aboriginal child or young person, a group of Aboriginal children and young people, or Aboriginal children and young people generally. (2) Without limiting a provision of the Ombudsman Act 1972, the Ombudsman, in respect of a complaint referred to in subsection (1)(b), has the same jurisdiction and any additional powers that the Health and Community Services Complaints Commissioner would have under the Health and Community Services Complaints Act 2004 in respect of such a complaint. (3) In this section— administrative act has the same meaning as in the Ombudsman Act 1972; prescribed child protection complaint has the same meaning as in section 28A of the Health and Community Services Complaints Act 2004. 43—CCYP, CACYP and Guardian may make complaints to Health and Community Services Complaints Commissioner (1) Subject to this section, but despite a provision of the Health and Community Services Complaints Act 2004, the CCYP, the CACYP or the