Children and Young People (Safety) Act 2017: What It Means for SA Foster Carers

Most South Australians who want to foster can tell you the system involves the DCP, some background checks, and a six-month assessment. Fewer know the legal instrument that governs almost every decision about a child in care, the powers it gives the Department for Child Protection, and the rights it gives them as carers. That instrument is the Children and Young People (Safety) Act 2017 (SA), and understanding it changes how you navigate the system.

Why the 2017 Act Replaced Its Predecessor

For decades, foster care in South Australia was governed by the Children's Protection Act 1993. The Nyland Royal Commission, handed down in 2016, concluded that the 1993 Act was structurally inadequate: it was too focused on "protection" in a reactive sense, and it failed to create a system that could identify and prevent harm early.

The result was the "A Fresh Start" reform program, which culminated in the Children and Young People (Safety) Act 2017 coming into force. The headline shift was philosophical: from a "protection" model to a "safety" model. In practice, this means the paramount consideration in every decision is the child's immediate and long-term safety — not just the absence of abuse, but the presence of conditions that allow a child to develop and reach their potential.

For carers, this shift matters because the 2017 Act also significantly increased the legal recognition of authorised carers in decision-making processes. The previous legislation largely treated carers as service providers. The 2017 Act acknowledges that the people providing daily care have unique insight into a child's needs and are entitled to be involved.

Key Sections That Affect Carers Directly

Section 6 and Section 7: The Objects and Principles

Section 6 of the Act sets out its objects — including protecting children from harm and ensuring they have the best opportunities to reach their full potential. Section 7 establishes the guiding principles, the most important of which is that the "best interests" of the child must be the paramount consideration in every administrative and judicial decision.

As a carer, this is your north star when dealing with the DCP. If a decision about a child's schooling, medical care, or contact with birth family seems wrong to you, the question to ask — in writing — is: "How does this decision serve the best interests of this child under Section 7 of the Safety Act?"

Section 12: The Aboriginal and Torres Strait Islander Child Placement Principle

Section 12 embeds the Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP) directly into the legislation. When an Aboriginal child enters care, the Act requires that preference be given, in order, to: a member of the child's family or extended family; a member of the child's community; a member of the same language or regional group; or another Aboriginal person.

This is not a guideline. It is a statutory obligation. Non-Aboriginal carers who are given an Aboriginal child in temporary emergency care should expect the DCP to be actively working to locate an appropriate Aboriginal placement. Understanding this prevents carers from feeling blindsided when a child they have cared for is moved to an Aboriginal carer or community.

Section 31: Mandatory Reporting

Foster carers in South Australia are mandated notifiers under Section 31. If, in the course of your role, you suspect on reasonable grounds that a child is at risk — whether that child is in your care or another child you become aware of — you must notify the DCP via the Child Abuse Report Line (CARL: 13 14 78). Failure to report is a criminal offence. This applies even if the suspicion relates to a child in your own home.

Section 79: Your Right to Information Before a Placement

This is the section most prospective carers have never heard of, and it is arguably the most important one for protecting your interests.

Section 79 requires that carers be given all "relevant information" about a child before they agree to a placement. In practice, this means you are legally entitled to know the child's history, any known medical or behavioural needs, and any safety-related information about the birth family.

In practice, this right is not always exercised clearly. Emergency placements happen quickly, and information is not always complete. But knowing that Section 79 exists means you can ask, explicitly and by name, before you accept a placement: "What information are you required to provide under Section 79 before I agree?"

Section 89: Long-Term Guardianship

Section 89 allows an authorised carer who has had a child in their care for at least two years to apply to the Chief Executive to seek a Long-Term Guardianship (Specified Person) order from the Youth Court. If granted, this removes the DCP from day-to-day decision-making, giving the carer full legal guardianship until the child turns 18. They can sign school forms, consent to medical procedures, and make decisions without DCP approval. This is the pathway many long-term carers pursue when reunification is not possible and the child has built their primary attachment with the carer's family.

The Oversight Structure: Guardian and Visitor Roles

The 2017 Act sits alongside the Children and Young People (Oversight and Advocacy Bodies) Act 2016, which established two independent roles:

• The Guardian for Children and Young People oversees the wellbeing of all children under the guardianship of the Chief Executive. The Guardian can investigate systemic issues and report to Parliament.
• The Child and Young Person's Visitor has the legislative power to visit and inspect residential care facilities and communicate directly with children in care.

Both roles are currently held by Shona Reid. These offices are part of the accountability architecture — they exist precisely because the DCP has significant power over children's lives, and that power needs independent scrutiny.

Your Rights When You Disagree with a DCP Decision

The Safety Act creates two formal mechanisms for carers who believe a decision affecting the child in their care is wrong.

Section 157: Internal DCP Review. If you disagree with a DCP decision, you can request an internal review. This is your first step, and most carers do not know it exists. The review is conducted by a DCP officer senior to the one who made the original decision. It must be requested in writing, and you should document the grounds for disagreement clearly, referencing the child's best interests under Section 7 where possible.

SACAT Review. If the internal review does not resolve the issue, certain decisions can be reviewed by the South Australian Civil and Administrative Tribunal (SACAT). This is the external, independent mechanism. It is slower and more formal, but it provides genuine accountability for decisions that are contested.

Understanding both pathways is part of understanding your rights as a carer. Agencies like Connecting Foster & Kinship Carers SA (the peak body for SA carers) can assist with navigating these processes.

If you want a comprehensive, plain-English breakdown of the DCP assessment process, agency comparison, financial allowances, and how all of this legislation applies to your specific situation as a prospective carer, the South Australia Foster Care Guide translates the policy framework into practical steps.

The 2025 Act: What Is Coming Next

The Children and Young People (Safety and Support) Act 2025 received Royal Assent on 12 June 2025 and is expected to commence in July 2027. The 2017 Act remains in force until that transition.

The key changes relevant to carers under the 2025 Act include:

• A Statement of Commitment (Section 19) that will legally mandate the DCP to inform, support, and consult carers in decisions — moving what is currently departmental policy into statute.
• A Principle of Active Efforts, requiring the Department to demonstrate it has made every reasonable effort to keep a child with their family before seeking a removal order. This raises the bar for removal, which may mean children who enter care have more complex needs.
• Mandatory family group conferencing and Aboriginal family-led decision-making under Sections 51 and 57, designed to reduce the rate of Aboriginal children entering care.

If you are beginning the assessment process now, you will be authorised under the 2017 Act. The 2025 Act is relevant context, but it will not affect your initial training and authorisation.

Why Understanding the Law Matters

The DCP holds significant power. It is the legal guardian of every child in its care. Its caseworkers make decisions about placement, contact, and the child's future, often under significant workload pressure. Carers who understand the legal framework — who know what they are entitled to under Section 79, what they can contest under Section 157, and what the best interests principle in Section 7 requires — are better equipped to advocate for the children they care for.

This is not about adversarial relationships with the DCP. The vast majority of interactions are collaborative. But knowledge of the legislation means you can participate in the Care Team model as an informed partner, not a passive recipient of decisions made about a child in your home.

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