South Australian Current Acts

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CHILDREN'S PROTECTION ACT 1993 - SECT 6

6—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"Aboriginal and Torres Strait Islander Child Placement Principle means the Aboriginal and Torres Strait Islander Child Placement Principle as stated in the regulations;

"Aboriginal child" means a child

            (a)         who is a descendant of the indigenous inhabitants of Australia; and

            (b)         who regards himself or herself as an Aboriginal or, if he or she is a young child, is regarded as an Aboriginal by at least one of his or her parents;

"abuse or neglect", in relation to a child, means—

            (a)         sexual abuse of the child; or

            (b)         physical or emotional abuse of the child, or neglect of the child, to the extent that—

                  (i)         the child has suffered, or is likely to suffer, physical or psychological injury detrimental to the child's wellbeing; or

                  (ii)         the child's physical or psychological development is in jeopardy,

and "abused" or "neglected" has a corresponding meaning;

"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 Minister's guardianship;

"authorised police officer" means a police officer who is of or above the rank of sergeant or who is in charge of a police station or any other police officer designated as an authorised police officer by the Commissioner of Police for the purposes of this Act;

"Care and Protection Co-ordinator" means a member of the staff of the State Courts Administration Council assigned to the position of Care and Protection Co-ordinator;

"Chief Executive" means the person for the time being holding, or acting in, the position of chief executive of the Department;

"child" means a person under 18 years of age;

"Court" means the Youth Court of South Australia;

"dentist" means a person who is registered as a dental practitioner under the law of this State;

"Department" means the administrative unit of the Public Service prescribed by regulation for the purposes of this definition;

"drug" includes alcohol;

"family", in relation to a child, means the child's immediate family (including all guardians) and the child's extended family (that is to say, all other persons to whom the child is related by blood or marriage) and, in relation to an Aboriginal or Torres Strait Islander child, includes any person held to be related to the child according to Aboriginal kinship rules, or Torres Strait Islander kinship rules, as the case may require;

"family care meeting"—See Part 5 Division 1;

"government organisation" means a government department, agency or instrumentality;

"guardian", of a child, means a parent of the child, a person (other than the Minister) who is the legal guardian of the child or has the legal custody of the child or any other person who stands in loco parentis to the child and has done so for a significant length of time;

"licensed children's residential facility" means a children's residential facility that is the subject of a licence under the Family and Community Services Act 1972 ;

"medical practitioner" means a person who is registered as a medical practitioner under the law of this State;

"non-government organisation" means—

            (a)         a business; or

            (b)         a service provider; or

            (c)         a group organised for some purpose, work or undertaking (such as a society, club, institution or body),

whether incorporated or unincorporated, and includes a local government organisation; but does not include a government organisation;

"parent", of a child, includes a stepmother or stepfather of the child;

"pharmacist" means a person who is registered as a pharmacist under the law of this State;

"psychologist" means a person who is registered as a psychologist under the law of this State;

"Torres Strait Islander child" means a child

            (a)         who is a descendant of the indigenous inhabitants of the Torres Strait Islands; and

            (b)         who regards himself or herself as a Torres Strait Islander or, if he or she is a young child, is regarded as a Torres Strait Islander by at least one of his or her parents;

"working day" means any day other than a Saturday or a Sunday or other public holiday.

        (1a)         For the purposes of this Act, an organisation may consist of a single person.

        (2)         For the purposes of this Act, a child is at risk if—

            (aa)         there is a significant risk that the child will suffer serious harm to his or her physical, psychological or emotional wellbeing against which he or she should have, but does not have, proper protection; or

            (a)         the child has been, or is being, abused or neglected; or

            (b)         a person with whom the child resides (whether a guardian of the child or not)—

                  (i)         has threatened to kill or injure the child and there is a reasonable likelihood of the threat being carried out; or

                  (ii)         has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person; or

            (c)         the guardians of the child

                  (i)         are unable to care for and protect the child, or are unable to exercise adequate supervision and control over the child; or

                  (ii)         are unwilling to care for and protect the child, or are unwilling to exercise adequate supervision and control over the child; or

                  (iii)         are dead, have abandoned the child, or cannot, after reasonable inquiry, be found; or

            (d)         the child is of compulsory school age but has been persistently absent from school without satisfactory explanation of the absence; or

            (e)         the child is under 15 years of age and is of no fixed address.

        (3)         It is immaterial for the purposes of this Act that any conduct referred to in subsection (2) took place wholly or partly outside this State.

        (4)         In assessing whether—

            (a)         there is a significant risk that a child will suffer serious harm to his or her physical, psychological or emotional wellbeing; or

            (b)         a child has been, or is being, abused or neglected,

for the purposes of this Act, regard must be had to not only the current circumstances of the child's care but also the history of the child's care and the likely cumulative effect on the child of that history.



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