South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 64

64—Interpretation

In this Division—

"adult" means a person who is not a child;

"child" means a person under 18 years of age;

"institution" means—

            (a)         an entity (whether private or public) that operates facilities or provides services to children who are in the care, or under the supervision or control, of the institution and includes (without limitation) medical and religious institutions and any services or functions provided by persons as part of the duties of a medical practitioner or of a religious or spiritual vocation; or

            (b)         an entity of a class prescribed by the regulations;

"out of home care" means—

            (a)         care provided to a child where—

                  (i)         the child is under the guardianship or custody of the Chief Executive under the Children and Young People (Safety) Act 2017 ; and

                  (ii)         the care is provided by a person with whom the child is placed pursuant to section 84 of that Act; and

                  (iii)         the care is provided on a residential basis in premises other than the child's home; and

                  (iv)         the provider of the care receives, or may receive, payment, or financial or other assistance, in relation to the care provided; or

            (b)         any other care of a kind declared by the regulations to be included in the ambit of this definition;

"prescribed person" means an adult who—

            (a)         is an employee of an institution, including a person who—

                  (i)         is a self-employed person who constitutes, or who carries out work for, an institution; or

                  (ii)         carries out work for an institution under a contract for services; or

                  (iii)         carries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or

                  (iv)         undertakes practical training with an institution as part of an educational or vocational course; or

                  (v)         carries out work as a volunteer for an institution; or

                  (vi)         is of a class prescribed by the regulations; or

            (b)         provides out of home care;

"sexual abuse" of a child includes any unlawful conduct of a sexual nature committed to, or in relation to, a child.



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