Child protection related policy and legislation

The provision of health care to support the safety, health and wellbeing of children and young people occurs within a framework of national and state policy and legislation that provides guidance about how improvements in health outcomes can be achieved. SA Health supports all employees, contractors, consultants, volunteers and students on placement in SA Health facilities to fulfill their statutory obligations in keeping children safe, including reporting their reasonable suspicions that children or young people are, or may be, at risk. SA Health has developed a number of policies and processes to support staff, recognising that everybody has a duty to keep children and young people safe from harm.

Legislation

Children and Young People (Safety) Act 2017

The Children and Young People (Safety) Act 2017 establishes the key  directions and settings for the child protection system in South Australia.

The CYPS Act provides for the protection of children and young people from abuse and harm and enables the provision of care for children and young people in South Australia, when living at home is no longer a safe option. It describes the role of the Minister as extending to the well-being of children and young people and early intervention where they may be a risk of harm, including a range of specific functions in this regard.

When first established, the CYPS Act was described as introducing a child-focused legislative framework with a greater emphasis on safety. It was intended to enable multiple agencies to respond to screened-in notifications through dedicated pathways and sought to increase the participation of families and carers, while ensuring children and young people were at the centre of decision-making.

The CYPS Act was reviewed in 2022-23 and more than 900 people provided feedback across in-person forums, online surveys, written submissions and targeted discussions with Aboriginal and non-Aboriginal people across metropolitan and regional South Australia. The government also considered more than 102 survey responses and 83 formal submissions as part its review. Work is currently underway by the Department for Child Protection to amend the CYPS Act through the Children and Young People (Safety and Support) Bill 2024.

Statutes Amendment (Child Sexual Abuse) Act 2021

The Statutes Amendment (Child Sexual Abuse) Act 2021 came into operation on 1 June 2022. It includes two new offences which carry a penalty of imprisonment:

  • fail to report child sex abuse to police (maximum 3 years imprisonment)
  • fail to protect when they know there is a substantial risk of the sexual abuse of a child (maximum 15 years imprisonment).

It’s important for all for all employees, contractors, consultants, volunteers and students on placement in SA Health facilities to read the information below and understand your legal obligations. Please read the Fact Sheet - Statutes Amendment (Child Sexual Abuse) Act 2021 (PDF 299KB) to learn more.

Civil Liability (Institutional Child Abuse Liability) Amendment Act 2021

Under ‘Part 7A – Child abuse – liability of institutions’ of the amended Civil Liability Act 1936 (PDF 612KB), there is now an increased obligation for Local Health Networks and all other SA Health agencies to ensure they can prove that they are taking all reasonable steps to prevent child abuse from occurring to children that are under their care.

Relevant teams in Local Health Networks and all other SA Health agencies have been notified of the actions required to operationalise the legislative changes and recommendations with regards to induction, training, policies, procedures, record keeping, audit and monitoring.

Please read the Fact Sheet - Civil Liability (Institutional Child Abuse Liability) Amendment Act 2021 (PDF 225KB) to learn more.

SA Health policy

A number of other policies have also been developed in relation to children. See the full listing on the SA Health Policy Domain Register for Children. 

Child Safe Environments Policy

The Child Safe Environments (Child Protection) Policy (PDF 114KB) provides the overarching framework for protecting children from physical, sexual, emotional and psychological abuse and neglect, as well as promoting their health and wellbeing. The Child Safe Environments (Child Protection) Policy fulfils SA Health’s obligations under sections 114 and 115 of the Children and Young People (Safety) Act 2017 and outlines requirements for ensuring child safe environments for children and young people.

Mandatory reporting of suspicion that a child or young person is or may be at risk of harm Policy

The Mandatory reporting of suspicion that a child or young person is or may be at risk of harm Policy aims to ensure a consistent approach to the mandatory reporting requirements under the Children and Young People (Safety) Act 2017 in respect of children or young people suspected to be at risk.

With the implementation of this Policy, SA Health will ensure:

  • reporting of all cases where it is reasonably suspected that a child or young person is or may be at risk;
  • systems exist that assist staff  identify cases when children or young people are, or maybe, at risk;
  • staff are aware of their legal obligations to report their suspicions that children or young people are, or maybe, at risk; and
  • staff are knowledgeable about child protection.

Collaborative Case Management of ‘At Risk’ Infants in Birthing Hospitals Policy Directive and Policy Guideline

The Collaborative Case Management of 'At Risk' Infants in Birthing Hospitals Policy Directive (PDF 371KB) aims to facilitate optimal outcomes for women with high and complex needs and their infants, through:

Note, this policy and guideline are currently being reviewed. 

SA Health clinical guidelines

There are a number of SA Perinatal Practice Guidelines that relate to child protection, these are:

Agreements between SA Health and other agencies/organisations

Health Services Agreement for Children and Young People in Out of Home Care

This Health Services Agreement for Children and Young People in Out of Home Care Agreement (PDF 672KB) reaffirms the commitment of SA Health and the Department for Child Protection (DCP) to provide priority access and improved responses to the health needs of children and young people in care.

SA Health and DCP will provide health assessments and referrals for eligible children and young people in accordance with the National Clinical Assessment Framework for Children and Young People in Out-of-Home Care and the National Standards for Out of Home Care.

Models of care

Out of Home Care Clinics Model of Care 2022

The Out of Home Care Clinics Model of Care (PDF 698KB) outlines how SA Health and the Department for Child Protection work together to provide timely, Comprehensive Health and Development assessments, including a psychosocial component, for children and young people as detailed in the National Clinical Assessment Framework for Out of Home Care.

The Model of Care outlines defined roles, functions and methods of working to support children and young people in care to provide a more equitable, effective, streamlined and integrated service.

The Model of Care is implemented by the Out of Home Care Clinics in metropolitan Adelaide (Southern Adelaide Local Health Network, Northern Adelaide Local Health Network and Women's and Children's Local Health Network) and the Limestone Coast regional Local Health Network. Planning is underway for further clinics in country regions.

Plans and frameworks

South Australian Government

National plans and frameworks