South Australia: Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

South Australia Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 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 8A Transitional provisions—persons the subject of assessment of relevant history conducted by responsible authority 8B Transitional provisions—certain emergency service workers 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 23A Certain placements to continue as placements under Children and Young People (Safety) Act 2017 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 26A Certain proceedings continued as proceedings under Children and Young People (Safety) Act 2017 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 31A Certain orders under section 38 of repealed Act to continue as orders under Children and Young People (Safety) Act 2017 31B Certain orders under repealed Act to continue as interim orders under Children and Young People (Safety) Act 2017 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 persons 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 section 13—Exclusions 127 Amendment of section 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 Legislative history 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 Editorial note— Part 2 has expired. 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). 8A—Transitional provisions—persons the subject of assessment of relevant history conducted by responsible authority (1) This section applies to a person in respect of whom the responsible authority for an organisation had conducted an assessment of relevant history in accordance with regulation 6(1)(a) of the Children's Protection Regulations 2010 within the 3 years preceding the commencement of this section. (2) 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. (3) However, this section ceases to apply to a person referred to in subsection (1)— (a) if either of the following occurs: (i) the person becomes a prohibited person; (ii) a working with children check is conducted in relation to the person; or (b) 12 months after the commencement of this section, whichever occurs first. (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— responsible authority for an organisation has the same meaning as in section 8B of the Children's Protection Act 1993, as in force immediately before that section is repealed. 8B—Transitional provisions—certain emergency service workers (1) This section applies to a person who, immediately before the commencement of this section, was an emergency service worker. (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 ceases to be an emergency service worker. (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— emergency service worker means— (a) a member of— (i) SAMFS; or (ii) SACFS; or (iii) SASES; or (b) a member of the SA Ambulance Service; or (c) a person providing ambulance services pursuant to a restricted ambulance service licence under section 58 of the Health Care Act 2008. 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— (i) an approved foster parent under section 43 of the Family and Community Services Act 1972; or (ii) an approved carer under the Children and Young People (Safety) Act 2017; 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— (i) licensed as a foster care agency under section 48 of the Family and Community Services Act 1972; or (ii) licensed as a foster care agency under the Children and Young People (Safety) Act 2017; 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— (i) the holder of a licence to maintain a children's residential facility under section 51 of the Family and Community Services Act 1972; or (ii) the holder of a licence to maintain a children's residential facility under the Children and Young People (Safety) Act 2017; 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 Editorial note— Part 3 has expired. 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 section. 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. 23A—Certain placements to continue as placements under Children and Young People (Safety) Act 2017 A placement of a child or young person by the Minister under 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 77 or 84 of the Children and Young People (Safety) Act 2017 (as the case requires) (and the placement will, for the purposes of that Act, be taken to be a placement under the relevant 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 section, 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. 26A—Certain proceedings continued as proceedings under Children and Young People (Safety) Act 2017 Despite a provision of any other Act or law, proceedings under the repealed Act commenced, but not finally determined, in the Youth Court of South Australia before 22 October 2018 will continue and will, for all purposes, be taken to be proceedings commenced under Chapter 6 of the Children and Young People (Safety) Act 2017. 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. 31A—Certain orders under section 38 of repealed Act to continue as orders under Children and Young People (Safety) Act 2017 An order of the Court under section 38 of the repealed Act in force immediately before the commencement of this section (not being an order referred to in section 32(1) of this Act) will be taken to continue in accordance with its terms and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be an order under section 53 of that Act. 31B—Certain orders under repealed Act to continue as interim orders under Children and Young People (Safety) Act 2017 The following orders of the Court under the repealed Act in force immediately before the commencement of this section will be taken to continue in accordance with their terms and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be interim orders made by the Court under section 53 of that Act: (a) an order referred to in section 39(2)(b) of the repealed Act; (b) an order made under section 21(1) of the repealed Act. 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 persons 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 (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