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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Children's Protection (Harbouring) Amendment
Bill 2008
A BILL FOR
An Act to amend the Children's Protection Act 1993.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Children's Protection
Act 1993
4 Insertion of section 17
17 Power
to prevent harbouring of children
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Children's Protection (Harbouring)
Amendment Act 2008.
This Act will come into operation 1 month after the day on which it is
assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Children's Protection
Act 1993
After section 16 insert:
17—Power to prevent harbouring of
children
(1) If—
(a) a child is residing with a person who is not the child's guardian;
and
(b) an officer believes that the child's guardian does not know of, or has
not consented to, the child's residence with the person,
the officer may, by notice in writing to the person (a child
protection notice), require the person to satisfy the Chief Executive,
within a period specified in the notice, that the guardian of the child has
consented to the child's residence with the person.
(2) If a person to whom a child protection notice has been issued fails to
satisfy the Chief Executive, within the period specified in the notice, that the
guardian of the child has consented to the child's residence with the person,
the Chief Executive may, by notice in writing to the person (a child
harbouring notice), require the person to cease residing with the child
within a period specified in the notice.
(3) If the person on whom a child harbouring notice has been served fails
to comply with the requirements of the notice, within the period specified in
the notice—
(a) the child will, if residing with the person, be taken to be in a
situation of serious danger from which an officer is authorised to remove him or
her under section 16(1); and
(b) the person is guilty of an offence.
Maximum penalty: $10 000.
(4) A notice under this section must be served personally on the person to
whom the notice is directed.
(5) However, if personal service cannot be effected promptly, it will be
sufficient service for the notice—
(a) to be left for the person with someone apparently over the age of
18 years; or
(b) to be posted in an envelope addressed to the person,
at the person's address.