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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Children's Protection (Right to Record Certain
Conversations) Amendment Bill 2011
A BILL FOR
An Act to amend the Children's
Protection Act 1993.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment of Children's
Protection Act 1993
4Insertion of section
57A
57ARecording of certain
conversations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Children's Protection (Right to Record
Certain Conversations) Amendment Act 2011.
This Act will come into operation 4 months 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 57 insert:
57A—Recording of certain
conversations
(1) A person may
make an audio, or audio visual, recording of a conversation held in relation to
a matter under this Act between—
(a) a person employed
or engaged by the Department and himself or herself or a child of whom the
person is a guardian if the person informs the person employed or engaged by the
Department and the child (if the child has attained 10 years of age and is
present), that he or she intends to record the conversation;
(b) himself or herself and a child of whom the person is a guardian if, in
the case where the child has attained 10 years of age, the person informs
the child that he or she intends to record the conversation.
(2) It is unlawful for a person employed or engaged by the Department to
treat a person unfavourably on the ground that the person has made a recording
under
subsection (1).
(3) If a person makes a recording under
subsection (1)(a)
the person must, if requested to do so in writing by the Chief Executive,
provide, at no cost, a copy of the recording to the Department within
7 days of the making of the request.
Maximum penalty: $1 250.
(4) A person who makes a recording under
subsection (1)
must not make it available except—
(a) as required by or under this or any other Act or law; or
(b) for the purposes of proceedings under this or any other Act or law;
or
(c) to a Member of the Parliament of the State or of the Commonwealth;
or
(d) to an employee of the Department for the purposes of the
administration of this Act; or
(e) to a person acting as an advocate in relation to a child the subject
of the recording (other than a person acting in his or her capacity as a
journalist).
Maximum penalty: $5 000.
(5) This section does not apply to a person acting in his or her capacity
as a police officer or as a member of a law enforcement agency.