children and young people

Decisions of the Chief Executive of the Department for Child Protection regarding the care, placement and education of children under the Guardianship of the Minister, approval of carers, licensing of children’s residential facilities and other decisions made under Chapter 7 of the Act.

From 22 October 2018, SACAT will have a further review jurisdiction under the Children and Young People (Safety) Act 2017 (SA). This will enable reviews of certain decisions made by the Chief Executive after they have been internally reviewed within the Department for Child Protection.

Types of Decisions that can be reviewed by SACAT

SACAT can review the following decisions of the Chief Executive:

·         Decisions relating to voluntary custody agreements

·         Decisions relating to the approval of carers

·         Decisions to temporarily place a child or young person in the care of a person who is not an approved carer

·         Decisions relating to the provision of information about a child or young person prior to placement

·         Decisions regarding placement of a child or young person

·         Decisions to give a direction in relation to the care of a child or young person

·         Decisions regarding the education of the child or young person

·         Decisions regarding the professional examination, assessment and treatment of a child or young person

·         Decisions regarding provisions for the care of a child or young person

·         Decisions to not conduct a review of the circumstances of a child or young person

·         Decisions to direct a specified person not to communicate or attempt to communicate with a child or young person

·         Decisions to direct a specified person not to harbour or conceal (or assist another person to harbour or conceal) a child or young person

·         Decisions regarding making an application to the Youth Court about long-term guardianship

·         Decisions relating to the licensing of foster care agencies

·         Decisions relating to licensing a person to operate a children’s residential facility

·         Decisions to refuse to cause a complaint about a children’s residential facility to be investigated

The decision must first be internally reviewed within the Department for Child Protection before it can be reviewed by SACAT.

Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream.

Time Limits

Generally, an application for review of a decision must be lodged:

  • Within 28 days from the date that the order or notice was issued;
  • In special circumstances, the Tribunal may permit you to make an application after this time.

Before applying to SACAT for a review of a decision of the Chief Executive, you must:

  1. Have a copy of the decision which you want to challenge – you should include this with your application.
  2. Ensure you are ready to pay the required fee for making an application.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘child’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (menu option 4 then option 3 - for child protection matters).

Attach a copy of the decision you are seeking to review:

You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at sacat@sacat.sa.gov.au, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.

Fees:

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options. 

 

Organisations that may be able to assist you:

  • Aboriginal Legal Rights Movement (ALRM)

Phone 1800 643 222 or visit - www.alrm.org.au

ALRM provides comprehensive legal advice and assistance through its staff lawyers and, where appropriate, private lawyers, to people of Aboriginal descent.

 

  • Connecting Foster and Kinship Carers SA Inc.

Phone 1800 732 272 or visit – www.cfc-sa.org.au

Connecting Foster and Kinship Carers SA Inc. are the peak representative body for foster and kinship carers in South Australia and may be able to provide information, support and advocacy for foster and kinship carers.

 

  • The Guardian for Children and Young People

Phone 1800 275 664 or visit www.gcyp.sa.gov.au

The Guardian is appointed to advocate for and promote the rights and best interests of the children and young people under the guardianship of the Minister for Child Protection.

 

  • Legal Services Commission

Phone 1300 366 424 or visit www.lsc.sa.gov.au

The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public. They can also refer you to other solicitors who practice in this area.

 

  • Women’s Legal Service

Phone 8221 3553 or visit www.wlssa.org.au

The Women’s Legal Service offer women legal information, referral to services, specialist legal advice and in some instances ongoing legal representation.

 

 

Relevant legislation: