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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Rights of Foster Parents and
Guardians) Bill 2015
A BILL FOR
An Act to amend the
Births,
Deaths and Marriages Registration Act 1996
and the
Family
and Community Services Act 1972
.
Contents
Part 2—Amendment of Births, Deaths and
Marriages Registration Act 1996
4Insertion of Part 6 Division 3A
Division 3A—Notification by foster
parents and legal guardians
38ANotification by
foster parents and legal guardians
5Amendment of section
39—Registration
Part 3—Amendment of Family and
Community Services Act 1972
47ARights of foster
parents in relation to funerals
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Rights of Foster
Parents and Guardians) Act 2015.
This Act will come into operation 6 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 Births, Deaths and Marriages Registration
Act 1996
4—Insertion
of Part 6 Division 3A
Part 6—after Division 3 insert:
Division 3A—Notification by foster parents and
legal guardians
38A—Notification by foster parents and legal
guardians
(1) A person may give
notice to the Registrar that a person named in the notice was a foster parent or
legal guardian (other than a parent) of a person who has died (whether at the
time of death or at an earlier time).
(2) A notice under
subsection (1)
must—
(a) be given as soon as reasonably practicable after the death of the
deceased; and
(b) be in writing in a form approved by the Registrar; and
(c) include the information required by the Registrar.
(3) The Registrar may require a person giving notice under
subsection (1)
—
(a) to provide further specified information or documents within a
specified time; and
(b) to verify, by statutory declaration, information provided for the
purposes of the notice.
(4) In this section—
foster parent has the same meaning as in the
Family
and Community Services Act 1972
.
5—Amendment
of section 39—Registration
Section 39—after subsection (2) insert:
(3) If the Registrar has received notice under section 38A, and the
Registrar thinks it is appropriate in the circumstances, the Registrar may,
following consultation with the Chief Executive, include the name of a foster
parent or legal guardian of the deceased in the entry in the Register relating
to the death of the deceased.
(4) In this section—
Chief Executive means the Chief Executive of the
administrative unit of the Public Service that is, under a Minister, responsible
for the administration of the
Family
and Community Services Act 1972
.
Part 3—Amendment
of Family and Community Services
Act 1972
After section 47 insert:
47A—Rights of foster parents in relation to
funerals
(1) If a foster child
dies while in the care of an approved foster parent, the person who is
responsible for arranging the deceased's funeral and for the disposal of the
deceased's remains must consult with the foster parent about those arrangements,
unless the foster parent indicates that he or she does not wish to be
consulted.
(2) The Department may, at the request of a party referred to in
subsection (1)
, endeavour to assist the parties to reach an agreement about the funeral
arrangements.