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Gazing in the Gazette

A MONTHLY REVIEW OF ACTS, APPOINTMENTS, 3 OCT 2021 – 2 NOV 2021 REGULATIONS AND RULES COMPILED BY MASTER ELIZABETH OLSSON OF THE DISTRICT COURT OF SOUTH AUSTRALIA

ACTS PROCLAIMED

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interfering with their existing equal shared parental responsibility … [40] The application of the general rule of which the Full Court spoke in VR & RR (at [29]) does not impugn the primary judge’s decision here … because any parental responsibility with which a parent is seized only exists so long as no contrary court order is made. The Act expressly envisages that parental responsibility can be vested in adults other than the child’s parents (ss 61D(1), 64B(2), 64C, 65C, 65G(1A) and 65P) and it is now well established that there is no presumption in favour of parents over non-parents in the determination of proper orders to resolve parenting disputes … ( … ) [43] Since the primary judge appreciated the gravamen of the decision … and nevertheless decided to invest Mr B with the discrete portion of parental responsibility which was in dispute, the father’s complaint under this ground of appeal was all but exhausted because he was unable to contend the law necessarily precluded his Honour from giving the confined aspect of parental responsibility to Mr B … ( … )”

The father’s appeal was dismissed with costs. B

Motor Vehicles (Motor Bike Driver Licensing) Amendment Act 2021 (No 8 of 2021) c Commencement ss 4-8, 10-13: 22 November 2021 Commencement remaining provisions: 7 October 2021 Gazetted: 7 October 2021, Gazette No. 66 of 2021

Rail Safety National Law (South Australia) (Alcohol and Drug Offence) Amendment Act 2021 (No 30 of 2021) Commencement: 1 November 2021 Gazetted: 14 October 2021, Gazette No. 68 of 2021

Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Act 2021 (No 35 of 2021) Commencement: 21 October 2021 Gazetted: 21 October 2021, Gazette No. 69 of 2021

Correctional Services (Accountability and Other Measures) Amendment Act 2021 (No 12 of 2021) Commencement ss 10; 26(1) and (3); 27 to 31; 33 to 35; 37 to 40; 42; 44 to 46; Sch 1 cl 4; Sch 1 cl 5(2): 1 November 2021 Gazetted: 21 October 2021, Gazette No. 69 of 2021

Liquor Licensing (Miscellaneous) Amendment Act 2019 (No 28 of 2019) Commencement ss 6, 13 and 14(2): 22 October 2021 Gazetted: 21 October 2021, Gazette No. 69 of 2021 Lotteries Act 2019 (No 41 of 2019) Commencement: 10 December 2021 Gazetted: 28 October 2021, Gazette No. 70 of 2021

ACTS ASSENTED TO

Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, No. 38 of 2021 Gazetted: 7 October 2021, Gazette No. 66 of 2021

South Australian Multicultural Act 2021m No. 39 of 2021 (repeals South Australian Multicultural and Ethnic Affairs Commission Act 1980) Gazetted: 21 October 2021, Gazette No. 69 of 2021

APPOINTMENTS

Acting Judicial Conduct Commissioner

for a term of three months commencing on 7 October 2021 and expiring on 6 January 2022 Honourable Bruce Malcolm Debelle AO QC Gazetted: 7 October 2021, Gazette No. 66 of 2021

Youth Court of South Australia Judge

From 8 December 2021 – 16 April 2025 Judge Penelope Anne Eldridge

Magistrate – principal judiciary

From 23 November 2021 for a term of 2 years Magistrate Alison Frances Adair From 19 April 2022 for a term of 1 year Magistrate Oliver Rudolf Gerhard Koehn Gazetted: 7 October 2021, Gazette No. 66 of 2021 Gazetted: 7 October 2021, Gazette No. 67 of 2021

District Court of South Australia Judge

From 1 November 2021 Heath David Barklay QC Gazetted: 28 October 2021, Gazette No. 70 of 2021

Master

on an auxiliary basis, from 1 November 2021 - 30 June 2022 Christina Rose Flourentzou Gazetted: 21 October 2021, Gazette No. 69 of 2021

Magistrate

on an auxiliary basis, from 25 October 2021 - 30 June 2022 Terence Frederick Forrest Gazetted: 21 October 2021, Gazette No. 69 of 2021

Environment, Resources and Development Court of South Australia Judge

effective from 1 November 2021 Heath David Barklay QC Gazetted: 28 October 2021, Gazette No. 70 of 2021

State Planning Commission Members

for a term of three years commencing on 1 November 2021 and expiring on 31 October 2024 Craig Andrew Holden Stuart Paul Moseley Elinor Rebecca Walker Noelle Margaret Hurley Gazetted: 28 October 2021, Gazette No. 70 of 2021

REGULATIONS PROMULGATED (3 OCTOBER 2021 – 2 NOVEMBER 2021) REGULATION NAME REG NO. DATE GAZETTED

Motor Vehicles (Motor Bike Driver Licensing) Variation Regulations 2021 South Australian Public Health (Notifi able and Controlled Notifi able Conditions) (Miscellaneous) Variation Regulations 2021 147 of 2021 7 October 2021, Gazette No. 66 of 2021

148 of 2021 7 October 2021, Gazette No. 66 of 2021

Child Sex Offenders Registration (Savings and Transitional) Variation Regulations 2021 149 of 2021 7 October 2021, Gazette No. 66 of 2021 Criminal Investigation (Covert Operations) (Savings and Transitional) Variation Regulations 2021 150 of 2021 7 October 2021, Gazette No. 66 of 2021 Summary Offences (Savings and Transitional) Variation Regulations 2021 151 of 2021 7 October 2021, Gazette No. 66 of 2021 Surveillance Devices (Savings and Transitional) Variation Regulations 2021 152 of 2021 7 October 2021, Gazette No. 66 of 2021 Telecommunications (Interception) (Savings and Transitional) Regulations 2021 153 of 2021 7 October 2021, Gazette No. 66 of 2021 Judicial Conduct Commissioner (Savings and Transitional) Regulations 2021 154 of 2021 7 October 2021, Gazette No. 66 of 2021 Ombudsman (Savings and Transitional) Variation Regulations 2021 155 of 2021 7 October 2021, Gazette No. 66 of 2021 Police Complaints and Discipline (Savings and Transitional) Variation Regulations 2021 156 of 2021 7 October 2021, Gazette No. 66 of 2021 Independent Commissioner Against Corruption (Commission) Variation Regulations 2021 157 of 2021 7 October 2021, Gazette No. 66 of 2021 COVID-19 Emergency Response (Section 16) (Affi davits) Variation Regulations 2021 158 of 2021 14 October 2021, Gazette No. 68 of 2021 Children and Young People (Oversight and Advocacy Bodies) (Prescribed Functions and Powers) Variation Regulations 2021 159 of 2021 21 October 2021, Gazette No. 69 of 2021 Liquor Licensing (General) (Interstate Direct Sales Licence) Variation Regulations 2021 160 of 2021 21 October 2021, Gazette No. 69 of 2021 Magistrates Court Regulations 2021 161 of 2021 21 October 2021, Gazette No. 69 of 2021 Lotteries Regulations 2021 162 of 2021 28 October 2021, Gazette No. 70 of 2021 Gaming Offences Regulations 2021 163 of 2021 28 October 2021, Gazette No. 70 of 2021

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