South Australian Consolidated Regulations

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SERIOUS AND ORGANISED CRIME (CONTROL) REGULATIONS 2008 - REG 6

6—Prescribed forms of association

        (1)         For the purposes of section 35(6)(c) of the Act, courses of training or education of the following kinds are prescribed:

            (a)         courses of training or education provided in accordance with the Education Act 1972 ;

            (b)         courses of training or education comprising higher education or vocational education and training provided in accordance with the Training and Skills Development Act 2008 ;

            (c)         courses of training or education provided by an institution (within the meaning of the Higher Education Funding Act 1988 of the Commonwealth);

            (d)         courses of training or education required to be undertaken as a condition of parole under the Correctional Services Act 1982 ;

            (e)         courses of training or education provided in accordance with the Family and Community Services Act 1972 ;

            (f)         courses of training or education provided in accordance with the Children's Protection Act 1993 ;

            (g)         courses of training or education in relation to which a youth is granted a leave of absence under section 40 of the Young Offenders Act 1993 .

        (2)         For the purposes of section 35(6)(d) of the Act, rehabilitation, counselling or therapy sessions of the following kinds are prescribed:

            (a)         rehabilitation, counselling or therapy sessions conducted or provided by a charitable organisation;

            (b)         rehabilitation, counselling or therapy sessions conducted or provided in the course of the provision of a health service (within the meaning of the Health Care Act 2008 );

            (c)         rehabilitation, counselling or therapy sessions conducted or provided in accordance with the Children's Protection Act 1993 ;

            (d)         rehabilitation, counselling or therapy sessions conducted or provided in accordance with the Family and Community Services Act 1972 ;

            (e)         rehabilitation, counselling or therapy sessions in relation to which a youth is granted a leave of absence under section 40 of the Young Offenders Act 1993 .

        (3)         For the purposes of section 35(6)(f) of the Act, associations of the following kinds are prescribed:

            (a)         associations between persons residing (whether permanently or temporarily)—

                  (i)         in a supported residential facility (within the meaning of the Supported Residential Facilities Act 1992 ); or

                  (ii)         in an approved treatment centre (within the meaning of the Mental Health Act 1993 ); or

                  (iii)         in a facility providing emergency housing operated by State, Commonwealth or local government, or by a charitable organisation;

            (b)         associations occurring between members of a registered political party (within the meaning of the Electoral Act 1985 or the Commonwealth Electoral Act 1918 of the Commonwealth (as the case requires)) at an official meeting of the party, or a branch of the party;

            (c)         associations occurring in the course of legal proceedings;

            (d)         associations occurring in the course of the provision of a health service (within the meaning of the Health Care Act 2008 ) (other than in relation to a rehabilitation, counselling or therapy session referred to in subregulation (2)(b));

            (e)         associations occurring in the course of complying with a lawful direction of a person exercising a power, or carrying out official duties, under an Act (whether of this State or another jurisdiction).

        (4)         In this regulation—

"charitable organisation" means an organisation, society, institution or body carried on for a religious, educational, benevolent or charitable purpose, provided that it is not also carried on for the purpose of securing pecuniary benefit for its members.



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