South Australian Consolidated Acts

CHILDREN'S PROTECTION ACT 1993 - SECT 52A

52A—The Guardian

        (1)         There is to be a Guardian for Children and Young Persons.

        (2)         The Guardian is to be appointed by the Governor on terms and conditions determined by the Governor.

        (3)         Subject to this section, the Guardian holds office for the term (not exceeding 5 years) stated in the instrument of appointment and is then eligible for re-appointment.

        (4)         The office of the Guardian becomes vacant if the Guardian—

            (a)         dies; or

            (b)         completes a term of office and is not re-appointed; or

            (c)         resigns by notice of resignation given to the Minister; or

            (d)         is convicted either within or outside the State of an indictable offence or an offence carrying a maximum penalty of imprisonment for 12 months or more; or

            (da)         becomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or

            (db)         becomes, in the opinion of the Governor, mentally or physically incapable of carrying out satisfactorily the duties of office; or

            (dc)         becomes a member of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth; or

            (e)         is removed from office by the Governor under subsection (5).

        (5)         The Governor may remove the Guardian from office on the presentation of an address from both Houses of Parliament seeking the Guardian's removal.

        (6)         The Governor may suspend the Guardian from office on the ground of incompetence or misbehaviour and, in that event—

            (a)         a full statement of the reason for the suspension must be laid before both Houses of Parliament within 3 sitting days of the suspension; and

            (b)         if, at the expiration of 1 month from the date on which the statement was laid before Parliament, an address from both Houses of Parliament seeking the Guardian's removal has not been presented to the Governor, the Guardian must be restored to office.

        (7)         Except as provided by this section, the Guardian may not be removed or suspended from office, nor will the office of the Guardian become vacant.