{"id":"ageing-and-adult-safeguarding-act-1995","name":"Ageing and Adult Safeguarding Act 1995","slug":"ageing-and-adult-safeguarding-act-1995","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31486,"registerId":"sa-ageing-and-adult-safeguarding-act-1995-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Ageing and Adult Safeguarding Act 1995","content":"South Australia\nAgeing and Adult Safeguarding Act 1995\nAn Act to establish the Office for Ageing Well, to safeguard the rights of ageing persons and other vulnerable adults, to provide for the establishment of the Adult Safeguarding Unit, to prevent abuse of ageing people and other vulnerable adults, and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tInterpretation\n3\tMeaning of vulnerable adult\n4\tMeaning of abuse\n5\tDecision‑making capacity\n6\tInteraction with Independent Commission Against Corruption Act 2012\nPart 2—Office for Ageing Well\n7\tOffice for Ageing Well\n8\tObjectives of Office for Ageing Well\n9\tFunctions of Office for Ageing Well\n10\tDelegation\n11\tAnnual report\nPart 3—Adult Safeguarding Unit\nDivision 1—Principles\n12\tPrinciples\nDivision 2—Adult Safeguarding Unit\n13\tSeparate Adult Safeguarding Unit to be established\n14\tComposition of Adult Safeguarding Unit\n15\tFunctions of Adult Safeguarding Unit\n16\tDelegation\n17\tAnnual report\nDivision 3—Authorised officers\n18\tAuthorised officers\n19\tPowers of authorised officers\nPart 4—Safeguarding vulnerable adults\nDivision 1—Charter of the Rights and Freedoms of Vulnerable Adults\n20\tCharter of the Rights and Freedoms of Vulnerable Adults\nDivision 2—Code of practice\n21\tMinister may publish codes of practice\nDivision 3—Reporting suspected risk of abuse of vulnerable adults\n22\tReporting suspected risk of abuse of vulnerable adults\nDivision 4—Assessment and investigation of reports\n23\tAssessment\n24\tConsent of vulnerable adult should be obtained before certain action taken\n25\tDirector may refer matter\n26\tDirector may cause circumstances of vulnerable adult to be investigated\nDivision 5—Further referral of matters\n27\tDirector may report certain matters to appropriate professional body\n28\tDirector may make complaints to Ombudsman\n29\tDirector may make complaints to Health and Community Services Complaints Commissioner\n30\tReferral of matters to inquiry agencies etc not affected\nDivision 6—Court orders\n31\tDirector may apply for Court orders\n32\tParties to proceedings\n33\tOrders that may be made\n34\tCourt not bound by rules of evidence\n35\tViews of vulnerable adult to be heard\n36\tRight of other interested persons to be heard\n37\tContravention of Court order\nPart 5—Reviews of certain decisions\nDivision 1—Internal review\n38\tInternal review\n39\tDelegation\nDivision 2—External review by Ombudsman\n40\tExternal review by Ombudsman\n41\tViews of vulnerable adult to be heard\nPart 6—Information gathering\n42\tAuthorised officer may require information\n43\tSharing of information between certain persons and bodies\n44\tNo obligation to maintain secrecy\n45\tInteraction with Public Sector (Data Sharing) Act 2016\nPart 7—Miscellaneous\n46\tObstruction of person reporting suspected abuse of vulnerable adults\n47\tObstruction of Director etc\n48\tFalse or misleading statements\n49\tConfidentiality\n50\tVictimisation\n51\tProtections, privileges and immunities\n52\tService\n53\tReview of Act\n54\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Ageing and Adult Safeguarding Act 1995.\n2—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nabuse, in relation to a vulnerable adult—see section 4;\nAdult Safeguarding Unit means the Adult Safeguarding Unit established in accordance with section 13;\nauthorised officer means an authorised officer under section 18;\nCharter of the Rights and Freedoms of Vulnerable Adults or Charter means the Charter of the Rights and Freedoms of Vulnerable Adults prepared by the Minister under Part 4 Division 1, as in force from time to time;\nChief Executive means the person for the time being holding or acting in the office of Chief Executive of the Department;\ncode of practice means a code of practice published under Part 4 Division 2, as in force from time to time;\nCourt means the Magistrates Court of South Australia;\nDepartment means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;\nDirector means the person for the time being holding or acting in the office of Director of the Office for Ageing Well;\nimpaired decision‑making capacity—see section 5;\nmember of the Adult Safeguarding Unit—see subsection (2);\nState authority means—\n\t(a)\ta person who holds an office established by an Act; or\n\t(b)\ta public sector agency; or\n\t(c)\tSouth Australia Police; or\n\t(d)\ta local council constituted under the Local Government Act 1999; or\n\t(e)\tan incorporated or unincorporated body—\n\t(i)\testablished for a public purpose by an Act; or\n\t(ii)\testablished for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, cooperatives, societies or other voluntary organisations); or\n\t(iii)\testablished, or subject to control or direction, by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a local council (whether or not established by or under an Act or an enactment); or\n\t(f)\tany other person or body declared by the regulations to be a State authority,\nbut does not include a person or body declared by the regulations not to be a State authority for the purposes of this Act;\nvulnerable adult—see section 3.\n\t(2)\tFor the purposes of this Act, a reference to a member of the Adult Safeguarding Unit will be taken to be a reference to a person assigned or appointed to the Adult Safeguarding Unit and includes a reference to the Director.\n\t(3)\tFor the purposes of this Act, a reference to a report under this Act will be taken to be a reference to a report made in accordance with section 22, but does not include a report taken not to be a report under this Act pursuant to section 22(3).\n3—Meaning of vulnerable adult\nFor the purposes of this Act, a reference to a vulnerable adult will be taken to be a reference to an adult person who, by reason of age, ill health, disability, social isolation, dependence on others or other disadvantage, is vulnerable to abuse.\n4—Meaning of abuse\n\t(1)\tFor the purposes of this Act, a reference to abuse of a vulnerable adult means—\n\t(a)\tphysical, sexual, emotional or psychological abuse of the vulnerable adult; and\n\t(b)\tfinancial abuse or exploitation of the vulnerable adult; and\n\t(c)\tneglect of the vulnerable adult; and\n\t(d)\tabuse, exploitation or neglect consisting of a person's omission to act in circumstances where the person owes a duty of care to the vulnerable adult; and\n\t(e)\tthe abuse or exploitation of a position of trust or authority existing between the vulnerable adult and another person; and\n\t(f)\ta denial, without reasonable excuse, of the basic rights of the vulnerable adult; and\n\t(g)\tany other act or omission of a kind declared by the regulations to be included in the ambit of this section,\nbut does not include an act or omission of a kind declared by the regulations to be excluded from the ambit of this section.\n\t(2)\tFor the purposes of this section, a reference to the basic rights of a vulnerable adult will be taken to be a reference to the rights of vulnerable adults as set out from time to time in the Charter.\n\t(3)\tFor the purposes of this section, a reference to the physical abuse of a vulnerable adult will be taken to include a reference to the unlawful physical or chemical restraint of a vulnerable adult.\n\t(4)\tFor the purposes of this section, a reference to the physical or chemical restraint of a vulnerable adult will be taken to include a reference to the over‑medication or under‑medication of the vulnerable adult.\n5—Decision‑making capacity\n\t(1)\tFor the purposes of this Act, a person will be taken to have decision‑making capacity in respect of a particular decision unless the person has impaired decision‑making capacity in respect of the decision.\n\t(2)\tFor the purposes of this Act, a person will be taken to have impaired decision‑making capacity in respect of a particular decision if—\n\t(a)\tthe person is not capable of—\n\t(i)\tunderstanding any information that may be relevant to the decision (including information relating to the consequences of making a particular decision); or\n\t(ii)\tretaining such information; or\n\t(iii)\tusing such information in the course of making the decision; or\n\t(iv)\tcommunicating his or her decision in any manner; or\n\t(b)\tif the person has given an advance care directive in which the person sets out when they are to be considered to have impaired decision‑making capacity (however described) in respect of a decision of the relevant kind—if the person has impaired decision‑making capacity as so set out.\n\t(3)\tFor the purposes of this Act—\n\t(a)\ta person will not be taken to be incapable of understanding information merely because the person is not able to understand matters of a technical or trivial nature; and\n\t(b)\ta person will not be taken to be incapable of retaining information merely because the person can only retain the information for a limited time; and\n\t(c)\ta person may fluctuate between having impaired decision‑making capacity and full decision‑making capacity; and\n\t(d)\ta person's decision‑making capacity will not be taken to be impaired merely because a decision made by the person results, or may result, in an adverse outcome for the person.\n6—Interaction with Independent Commission Against Corruption Act 2012\nNothing in this Act limits the operation of the Independent Commission Against Corruption Act 2012.\nPart 2—Office for Ageing Well\n7—Office for Ageing Well\n\t(1)\tThe Office for the Ageing established under this Act continues as the Office for Ageing Well.\n\t(2)\tThe Office for Ageing Well consists of—\n\t(a)\tthe Director of the Office for Ageing Well (who is to be a Public Service employee); and\n\t(b)\tsuch other Public Service employees as may be assigned or appointed to assist the Director.\n\t(3)\tA person cannot be appointed as Director, nor can the employment of the Director be terminated, except with the approval of the Minister.\n8—Objectives of Office for Ageing Well\nThe objectives of the Office for Ageing Well include—\n\t(a)\tsupporting South Australians of all ages to age well, unencumbered by stigma and discrimination; and\n\t(b)\tachieving proper integration of ageing persons within the community thus ensuring that the skills and experience of the ageing are not lost to the community through social alienation; and\n\t(c)\tcreating social structures in which ageing persons are able to realise their full potential as individuals and as members of the community; and\n\t(d)\tcreating a social ethos in which ageing persons are accorded the dignity, appreciation and respect that properly belong to them; and\n\t(e)\tensuring that the multicultural nature of the community is reflected in the planning and implementation of programs and services relevant to ageing persons; and\n\t(f)\tachieving a proper understanding within the community of the problems affecting ageing persons and other vulnerable adults and ameliorating those problems so far as it is practicable to do so by modification of social structures and attitudes.\n9—Functions of Office for Ageing Well\nThe functions of the Office for Ageing Well are—\n\t(a)\tto assist in the development and coordination of State Government policies and strategies affecting the ageing and for that purpose to consult with the ageing, providers of services to the ageing and organisations for the benefit of or representing the interests of the ageing and other relevant persons;\n\t(b)\tto advise on the development and implementation of programs and services for the ageing and to actively foster and seek the involvement of the ageing, wherever practicable, in the development and implementation of programs or services that are intended for their benefit or that will have a special effect on them;\n\t(c)\tto monitor the effect on the ageing of—\n\t(i)\tpractices of the Government of the State, as well as the Commonwealth and local government; and\n\t(ii)\tCommonwealth and State law (including local government by‑laws),\nand to make appropriate representations in the interests of the ageing;\n\t(d)\tto ensure as far as practicable that the interests of the ageing are considered when programs or services that may affect them are being developed or implemented;\n\t(e)\tto undertake or commission research into matters affecting the ageing;\n\t(f)\tto compile data relating to the ageing;\n\t(g)\tto disseminate information for the assistance of the ageing;\n\t(h)\tto ensure as far as practicable that financial and investment advice is available to the ageing;\n\t(i)\tto keep social attitudes towards the ageing under review and to promote a better understanding of the ageing within the community;\n\t(j)\tto assess the incidence of discrimination against the ageing in employment and to promote action to overcome such discrimination;\n\t(k)\tto keep under review the special needs of individual groups of the ageing (including Aboriginal peoples, those who suffer from physical or mental disabilities and those who are economically disadvantaged), and to promote various methods by which those needs may be satisfied;\n\t(l)\tto consult and cooperate with other bodies and persons that assist the ageing;\n\t(m)\tto plan, coordinate or administer, or assist in the planning, coordination or administration of, programs and services that may assist the ageing;\n\t(n)\tto consult with the ageing in relation to the means of promoting their interests and, as the Director considers appropriate, to represent the views of the ageing to the Minister;\n\t(o)\tto report to the Minister on any matter relating to the ageing referred by the Minister;\n\t(p)\tto support the Adult Safeguarding Unit in exercising their functions and powers under this Act;\n\t(q)\tto carry out such other functions as may be assigned to the Office by the Minister or under this or any other Act.\n10—Delegation\n\t(1)\tThe Director may delegate a function or power under this Part (other than a prescribed function or power) to any person or body that is, in the Director's opinion, competent to perform or exercise the relevant function or power.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n11—Annual report\n\t(1)\tThe Director must, on or before 31 October in each year, report to the Minister on the operations of the Office for Ageing Well during the preceding financial year.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report from the Director, have copies of the report laid before both Houses of Parliament.\nPart 3—Adult Safeguarding Unit\nDivision 1—Principles\n12—Principles\nThe following principles apply in relation to the operation of this Act to the extent that it relates to vulnerable adults:\n\t(a)\tall vulnerable adults are entitled to be treated with respect for their dignity, autonomy and right to self‑determination;\n\t(b)\tit is presumed that a vulnerable adult has decision‑making capacity, unless there is evidence to the contrary;\n\t(c)\texcept in those cases involving serious and imminent harm, the primary consideration in the operation of this Act is to ensure that a vulnerable adult's autonomy is respected and maintained rather than safeguarding the person from abuse;\n\t(d)\tvulnerable adults must be allowed to make their own decisions about their health care, residential and accommodation arrangements, financial affairs and other personal affairs to the extent that they are able, and be supported to enable them to make such decisions for as long as they can;\n\t(e)\tdignity in risk must be observed through acknowledging the right of all vulnerable adults to take informed risks and to make decisions that others (no matter their experience or background) may regard as wrong, reckless or inappropriate;\n\t(f)\ta vulnerable adult with decision‑making capacity who is experiencing abuse has the right to decline support, assistance or other measures designed to safeguard them from abuse;\n\t(g)\tvulnerable adults must be involved in, and their wishes must directly inform, decisions made or actions taken to support and safeguard them;\n\t(h)\tthe best approach to safeguarding vulnerable adults from abuse is through coordinating a multi‑agency and multi‑disciplinary response, drawing on the expertise of relevant persons and bodies in order to effectively support and empower vulnerable adults to safeguard their rights and mitigate against abuse;\n\t(i)\tsubject to the laws of the State and Commonwealth, the will, preferences (including sexual preferences and sexual orientation), cultural and heritage beliefs, religious beliefs, racial origin, ethnicity, background and other beliefs or rights of a vulnerable adult must always be respected;\n\t(j)\tsafeguarding measures should consist of those which are the least interventionist and the least intrusive to the vulnerable adult, thus ensuring that any consequential erosion of that person's rights is kept to a minimum;\n\t(k)\tsafeguarding vulnerable adults from abuse is ultimately achieved through preventing abuse in the first place, and therefore awareness raising and community education programs must be a priority in the administration and operation of this Part.\nDivision 2—Adult Safeguarding Unit\n13—Separate Adult Safeguarding Unit to be established\n\t(1)\tThe Chief Executive must ensure that a separate unit (the Adult Safeguarding Unit) is established within the Department to carry out functions under this Act.\n\t(2)\tTo avoid doubt, the Adult Safeguarding Unit may be established within the Office for Ageing Well.\n\t(3)\tWhere this or any other Act confers a power on the Adult Safeguarding Unit or requires that the Adult Safeguarding Unit perform any function (including requiring that the Adult Safeguarding Unit make a determination, or form an opinion, as to any matter)—\n\t(a)\tthe power or function may only be exercised or performed by a person who is authorised to do so on behalf of the Adult Safeguarding Unit by the Director; and\n\t(b)\tthe exercise of that power or the performance of that function by a person so authorised will be taken to be the exercise of that power or the performance of that function by the Adult Safeguarding Unit.\n14—Composition of Adult Safeguarding Unit\nThe Adult Safeguarding Unit is to consist of—\n\t(a)\tthe Director of the Office for Ageing Well; and\n\t(b)\tother Public Service employees assigned or appointed to assist the Director.\n15—Functions of Adult Safeguarding Unit\n\t(1)\tThe functions of the Adult Safeguarding Unit are—\n\t(a)\tpromoting and advocating for the rights and interests of vulnerable adults in South Australia; and\n\t(b)\tpromoting participation by vulnerable adults in the making of decisions that affect their lives; and\n\t(c)\tpromoting and assisting in the development of coordinated strategies for prevention and early intervention of abuse of vulnerable adults; and\n\t(d)\tto receive reports relating to the suspected abuse of vulnerable adults; and\n\t(e)\tto assess reports relating to the suspected abuse of vulnerable adults; and\n\t(f)\tto investigate reports relating to the suspected abuse of vulnerable adults; and\n\t(g)\tto coordinate responses to reports relating to the suspected abuse of a vulnerable adult with State authorities and other persons and bodies; and \n\t(h)\tto refer reports relating to the suspected abuse of a vulnerable adult to appropriate persons and bodies; and\n\t(i)\tto follow up on reports that have been assessed or investigated where it is appropriate to do so; and\n\t(j)\tto collate data on matters relating to the abuse of vulnerable adults; and\n\t(k)\tto advise Ministers, State authorities and other bodies (including non‑Government bodies) on matters relating to the abuse of vulnerable adults at a systemic level; and\n\t(l)\tto prepare and publish reports on matters relating to the abuse of vulnerable adults at a systemic level; and\n\t(m)\tto prepare and publish reports on issues relating to vulnerable adults that are of public importance; and\n\t(n)\tto perform such other functions as may be assigned to the Adult Safeguarding Unit by the Minister or under this or any other Act.\n\t(2)\tThe Adult Safeguarding Unit must, in carrying out its functions, have regard to, and seek to give effect to, the Charter of the Rights and Freedoms of Vulnerable Adults.\n16—Delegation\n\t(1)\tThe Director may delegate a function or power of the Adult Safeguarding Unit under this Act (other than a prescribed function or power) to any person or body that is, in the Director's opinion, competent to perform or exercise the relevant function or power.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n17—Annual report\n\t(1)\tThe Director must, on or before 31 October in each year, report to the Minister on the operations of the Adult Safeguarding Unit during the preceding financial year.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\n\t(3)\tA report under this section may be combined with the annual report of the Office for Ageing Well under section 11.\nDivision 3—Authorised officers\n18—Authorised officers\n\t(1)\tThe following persons are authorised officers for the purposes of this Act:\n\t(a)\tthe Director;\n\t(b)\ta member of the Adult Safeguarding Unit who is authorised by the Director by instrument in writing for the purposes of this paragraph.\n\t(2)\tAn authorisation under subsection (1)(b) may be made subject to conditions or limitations specified in the instrument of authorisation.\n\t(3)\tAn officer authorised under subsection (1)(b) must be issued with an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer under this Act; and\n\t(c)\tif the powers of the authorised officer have been limited by conditions—stating those limitations.\n\t(4)\tAn authorised officer must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for inspection their identity card or other evidence of their authority.\n\t(5)\tThe Director may, by notice in writing to an authorised officer, vary or revoke the authorisation of the officer, or a condition or limitation of the authorisation, on any grounds the Director thinks fit.\n19—Powers of authorised officers\n\t(1)\tWithout limiting any other powers conferred under this Act, an authorised officer may, in the course of an investigation under section 26 relating to a vulnerable adult who is, or is suspected of being, at risk of serious abuse, exercise 1 or more of the following powers:\n\t(a)\tenter and remain on any premises, place, vehicle or vessel (and for that purpose require a vehicle or vessel to stop);\n\t(b)\tinspect any premises, place, vehicle or vessel;\n\t(c)\tuse reasonable force to break into or open any part of, or anything in or on, any premises, place, vehicle or vessel;\n\t(d)\trequire any person (whether on particular premises or otherwise) who has possession of books of account or any other records relevant to a vulnerable adult to produce those books of account or records for inspection;\n\t(e)\texamine, copy or take extracts from such books of account or records;\n\t(f)\tremove and retain such books of account or records for so long as is reasonably necessary for the purpose of making a copy of the book of account or record;\n\t(g)\ttake photographs, films, audio, video or other recordings;\n\t(h)\trequire any person who is in a position to provide information relating to a vulnerable adult to answer any question put by the authorised officer on that subject;\n\t(i)\trequire any such person to state their full name, address and date of birth;\n\t(j)\tgive such directions as may be reasonably required in connection with the exercise of a power conferred by a preceding paragraph or otherwise for a purpose related to the administration, operation or enforcement of this Act.\n\t(2)\tHowever, an authorised officer may only use force to enter any premises, place, vehicle or vessel, or to break into or open any part of, or anything in or on, any premises, place, vehicle or vessel—\n\t(a)\ton the authority of a warrant issued by a magistrate; or\n\t(b)\tif—\n\t(i)\tentry to the premises, place, vehicle or vessel has been refused or cannot be gained; and\n\t(ii)\tthe authorised officer believes on reasonable grounds that the delay that would ensue as a result of applying for a warrant would significantly increase the risk of harm, or further harm, being caused to a vulnerable adult; and\n\t(iii)\tthe Director has approved the use of force to enter the premises, place, vehicle or vessel.\n\t(3)\tA magistrate must not issue a warrant under this section unless satisfied on information given on oath, personally or by affidavit, that there are reasonable grounds for the issue of a warrant.\n\t(4)\tAn application for the issue of a warrant under this section—\n\t(a)\tmay be made either personally or by telephone; and\n\t(b)\tmust be made in accordance with the rules of the Court.\n\t(5)\tA magistrate by whom a warrant is issued under this section must file the warrant, or a copy of it, and any supporting affidavit in the Court.\n\t(6)\tAn authorised officer may, in exercising powers under this Act, be accompanied by such assistants as are reasonably required in the circumstances.\n\t(7)\tA person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction under this section.\nMaximum penalty: Imprisonment for 1 year.\n\t(8)\tTo avoid doubt, this section does not limit any other powers conferred by any other provision of this Act, or any other Act.\nPart 4—Safeguarding vulnerable adults\nDivision 1—Charter of the Rights and Freedoms of Vulnerable Adults\n20—Charter of the Rights and Freedoms of Vulnerable Adults\n\t(1)\tThere is to be a Charter of the Rights and Freedoms of Vulnerable Adults.\n\t(2)\tThe Charter is to be prepared by the Minister with the support of the Office for Ageing Well.\n\t(3)\tThe Minister and Office for Ageing Well must, in preparing the Charter—\n\t(a)\tconsult with the persons and bodies prescribed by the regulations for the purposes of this paragraph (and may consult with any other person or body that the Minister or Office for Ageing Well thinks appropriate); and\n\t(b)\tengage vulnerable adults, and their carers and families; and\n\t(c)\tensure an appropriate focus on the needs of priority population groups.\n\t(4)\tThe regulations may make further provisions with regard to the Charter including, without limiting the generality of this subsection, provisions relating to—\n\t(a)\tthe form of the Charter and any variation of the Charter; and\n\t(b)\tthe kinds of information to be included in the Charter; and\n\t(c)\tconsultation requirements relating to the Charter; and\n\t(d)\trequirements as to the ongoing review of the Charter.\n\t(5)\tThe Minister must cause the Charter, as varied from time to time, to be published—\n\t(a)\tin the Gazette; and\n\t(b)\ton a website determined by the Minister.\n\t(6)\tA prescribed State authority must, in carrying out functions or exercising powers under this Act, have regard to, and seek to give effect to, the Charter.\n\t(7)\tThe Charter does not create legally enforceable rights or entitlements.\nDivision 2—Code of practice\n21—Minister may publish codes of practice\n\t(1)\tThe Minister may, by notice in the Gazette, publish codes of practice for the purposes of this Act.\n\t(2)\tThe Minister may, by subsequent notice in the Gazette, vary, substitute or revoke a code of practice published under subsection (1).\n\t(3)\tThe Minister must cause each code of practice published under subsection (1), as varied from time to time, to be published on a website determined by the Minister.\n\t(4)\tA code of practice published under subsection (1) must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified by the Minister.\n\t(5)\tA prescribed State authority must, in the administration, operation or enforcement of this Act, to the extent that it is reasonably practicable to do so, comply with any relevant code of practice published under subsection (1).\nDivision 3—Reporting suspected risk of abuse of vulnerable adults\n22—Reporting suspected risk of abuse of vulnerable adults\n\t(1)\tA person may, in accordance with this section, report to the Adult Safeguarding Unit a suspicion that a vulnerable adult is at risk of abuse.\n\t(2)\tA report under this section is to be made to the Adult Safeguarding Unit in accordance with any requirements determined by the Director.\n\t(3)\tHowever, a report will be taken not to be a report under this Act if—\n\t(a)\tthe report relates only to alleged abuse or suspected abuse of a vulnerable adult that occurred before the commencement of this section; and\n\t(b)\tthere is no ongoing risk of abuse in respect of the vulnerable adult to whom the report relates (whether because the vulnerable adult no longer resides in particular premises or for any other reason).\n\t(4)\tTo avoid doubt—\n\t(a)\tnothing in this section requires a person to report a suspicion that a vulnerable adult has been abused, or may be at risk of abuse; and\n\t(b)\tnothing in this section prevents a person from reporting a suspicion that a vulnerable adult has been abused, or may be at risk of abuse, in any other manner or to any other person or body that the person thinks fit.\nDivision 4—Assessment and investigation of reports\n23—Assessment\n\t(1)\tThe Director must cause each report under this Act to be assessed in accordance with any requirements set out in the regulations.\n\t(2)\tThe Director may, in the course of an assessment under this section, make use of or rely on such systems of information gathering, collating or reporting as the Director thinks fit (whether or not the system is operated or provided by a State authority).\n\t(3)\tWithout limiting any other action that may be taken by the Director or the Adult Safeguarding Unit, but subject to section 24, the Director must, on completion of an assessment under this section, cause at least 1 of the following actions to be taken:\n\t(a)\tan investigation into the matter must be carried out under section 26;\n\t(b)\tthe matter must be referred to an appropriate State authority or other person or body under section 25;\n\t(c)\tif the Director is satisfied that—\n\t(i)\tthe matter has previously been dealt with under this or any other Act and there is no reason to reexamine the matter; or\n\t(ii)\tthe matter is trivial, vexatious or frivolous; or\n\t(iii)\tthere is good reason why no action should be taken in respect of the matter,\nthe Director may decline to take further action.\n\t(4)\tThe Director must, in accordance with any requirements set out in the regulations—\n\t(a)\tcause a record of each action taken under this section, and the reasons for the action, to be kept in relation to each report under this Act; and\n\t(b)\tinclude statistical information relating to action taken under this section to be included in the annual report of the Adult Safeguarding Unit.\n\t(5)\tThe regulations may make further provision in relation to an assessment under this section (including provisions relating to a system referred to in subsection (2) and the disclosure and confidentiality of information gathered, collated or provided under the system).\n\t(6)\tThe Director may, for the purpose of an assessment under this section, by written notice, require a specified person or body to produce a written statement of information about a specified matter, or to answer specified questions, within a specified period and in a specified form, verified if the written notice so requires by statutory declaration.\n\t(7)\tA person must not refuse or fail to comply with a requirement of a notice under subsection (6).\nMaximum penalty: $10 000.\n24—Consent of vulnerable adult should be obtained before certain action taken\n\t(1)\tSubject to this section, the Adult Safeguarding Unit should not take action in respect of a report under this Act unless the vulnerable adult to whom the report or notification relates consents to the action being taken.\n\t(2)\tSubsection (1) does not apply in relation to the assessment of a report under section 23.\n\t(3)\tThe Adult Safeguarding Unit may take action of a specified kind in respect of a report under this Act without first obtaining the consent of the vulnerable adult if the taking of such action is authorised by an order of the Court under this Act.\n\t(4)\tThe Adult Safeguarding Unit may take action in respect of a report under this Act without first obtaining the consent of the vulnerable adult if—\n\t(a)\t—\n\t(i)\tthe vulnerable adult's life or physical safety is at immediate risk; or\n\t(ii)\tthe risk of abuse to which the report relates consists of an allegation that a serious criminal offence has been, or is likely to be, committed against the vulnerable person; or\n\t(iii)\tthe vulnerable adult has impaired decision‑making capacity in respect of a decision to consent to action of the relevant kind being taken; or\n\t(iv)\tthe Adult Safeguarding Unit has not, after reasonable inquiries, been able to contact the vulnerable adult; or\n\t(v)\tin any other circumstances declared by the regulations to be included in the ambit of this paragraph; and\n\t(b)\tthe Director approves the taking of the action.\n\t(5)\tThe regulations may make further provision in relation to obtaining consent for the purposes of this section (including by allowing another person to consent on behalf of a vulnerable adult in specified circumstances).\n25—Director may refer matter\n\t(1)\tIf, following an assessment of a report under section 23, the Director determines that it is more appropriate that the matter, or a particular part of the matter, be dealt with by—\n\t(a)\ta State authority other than the Adult Safeguarding Unit; or\n\t(b)\ta specified person or body other than a State authority,\nthe Director may refer the matter, or part of the matter, to that State authority or that person or body.\n\t(2)\tTo avoid doubt—\n\t(a)\ta matter may be referred to more than 1 State authority, or person or body, or a combination of State authorities and persons or bodies; and\n\t(b)\tthe Adult Safeguarding Unit may take action in relation to the matter even if it is referred to a State authority, or other person or body, under another Act.\n\t(3)\tWithout limiting this section or any other Act or law, a matter that is referred under this section must be dealt with within a reasonable timeframe, having regard to the need to ensure that vulnerable adults are protected from abuse.\n\t(4)\tA person or body to whom a matter is referred under subsection (1)(b) must, as soon as is reasonably practicable after dealing with the matter, provide a report in relation to the matter to the Director.\n\t(5)\tThe regulations may make further provision in relation to referrals under this section (including, to avoid doubt, by providing that a person or body may refuse a referral).\n26—Director may cause circumstances of vulnerable adult to be investigated\n\t(1)\tSubject to this Act, the Director may cause an investigation into the circumstances of a vulnerable adult to be carried out—\n\t(a)\tif a report is made under section 22 and the Director suspects on reasonable grounds that the vulnerable adult may be at risk of abuse; or\n\t(b)\tin any other circumstances that the Director thinks appropriate.\n\t(2)\tAn investigation under this section must be carried out by the Adult Safeguarding Unit in accordance with any requirements set out in the regulations.\nDivision 5—Further referral of matters\n27—Director may report certain matters to appropriate professional body\n\t(1)\tIf, in the course of performing functions under this Act, the Director becomes aware of a matter that raises the possibility of professional misconduct or unprofessional conduct, the Director may report the matter to the relevant regulatory body for that profession.\n\t(2)\tThe Director must comply with any reasonable request of the relevant regulatory body for further information in relation to the subject matter of a report under subsection (1).\n28—Director may make complaints to Ombudsman\n\t(1)\tDespite a provision of the Ombudsman Act 1972, the Director may, on behalf of a vulnerable adult, or a class of vulnerable adults, make a complaint to the Ombudsman in respect of an administrative act and, for the purposes of the Ombudsman Act 1972, such a complaint will be taken to be a complaint made under that Act.\n\t(2)\tIn this section—\nadministrative act has the same meaning as in the Ombudsman Act 1972.\n29—Director may make complaints to Health and Community Services Complaints Commissioner\nDespite a provision of the Health and Community Services Complaints Act 2004, the Director may make a complaint to the Health and Community Services Complaints Commissioner on behalf of a vulnerable adult, or a class of vulnerable adults, in respect of a ground referred to in section 25 of that Act (and such a complaint will be taken to be a complaint made under that Act).\n30—Referral of matters to inquiry agencies etc not affected\n\t(1)\tNothing in this Act prevents a matter from being referred to an appropriate person or body at any time (whether or not an investigation or other action is being or has been undertaken under this Act).\n\t(2)\tThe referral of a matter does not prevent the Director or the Adult Safeguarding Unit from performing functions or exercising powers in respect of the matter (but in such a case the Director and Adult Safeguarding Unit must endeavour to avoid, as far as practicable, prejudice to any person affected by the referral).\nDivision 6—Court orders\n31—Director may apply for Court orders\n\t(1)\tThe Director may apply for an order of the Court under this Division—\n\t(a)\tif the Director—\n\t(i)\treasonably suspects that a vulnerable adult is at risk of abuse; and\n\t(ii)\tis of the opinion that the making of such orders is necessary or appropriate to—\n\t(A)\tprotect the vulnerable adult from such abuse; or\n\t(B)\tto properly assess whether the vulnerable adult has been abused, or is at risk of being abused; or\n\t(C)\tto allow the exercise of powers or the performance of functions under this Act in respect of the vulnerable adult; or\n\t(b)\tin any other circumstances with the permission of the Court. \n\t(2)\tThe regulations may make further provision in relation to an application under this section (including by limiting the circumstances in which an application, or application of a class, can be made).\n32—Parties to proceedings\n\t(1)\tThe following persons are parties to an application for an order under this Division, or for the variation, extension or revocation of such an order:\n\t(a)\tthe Director;\n\t(b)\tthe vulnerable adult to whom the application relates.\n\t(2)\tIf the Court is satisfied in any proceedings that it should make an order under this Division binding on a person who is not a party to the proceedings, the Court—\n\t(a)\tmay join that person as a party to the proceedings; and\n\t(b)\tmust allow the person a reasonable opportunity to make representations to the Court as to why such an order should not be made.\n33—Orders that may be made\n\t(1)\tIf, on an application under this Act, the Court is satisfied that it is appropriate to do so, the Court may make 1 or more of the following orders in relation to a vulnerable adult:\n\t(a)\tan order authorising or requiring an examination or assessment of a specified kind of the vulnerable adult;\n\t(b)\tan order requiring a specified person to do a specified thing, or to refrain from doing a specified thing, in respect of the vulnerable adult;\n\t(c)\tan order authorising the Adult Safeguarding Unit, the Director or an authorised officer to take specified action where the vulnerable adult has refused to consent to the taking of that action;\n\t(d)\tsuch other orders as may be necessary or appropriate to enable the functions conferred on the Adult Safeguarding Unit under this Act to be performed in respect of the vulnerable adult;\n\t(e)\tsuch consequential or ancillary orders as the Court thinks fit.\n\t(2)\tThe Court may make such interim orders in relation to an application under this Act as the Court thinks fit.\n\t(3)\tThe Court may, on an application by a party to the proceedings, vary or revoke an order under this section.\n34—Court not bound by rules of evidence\n\t(1)\tSubject to this section, in any proceedings under this Division, the Court—\n\t(a)\tis not bound by the rules of evidence but may inform itself as it thinks fit; and\n\t(b)\tmust act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.\n\t(2)\tA fact to be proved in proceedings under this Division is to be proved on the balance of probabilities.\n35—Views of vulnerable adult to be heard\n\t(1)\tIn any proceedings under this Act, a vulnerable adult to whom the proceedings relate must, unless the Court is satisfied that the vulnerable adult is not capable of doing so, be given a reasonable opportunity to personally present to the Court their views relating to the proceedings.\n\t(2)\tThis section applies whether or not the vulnerable adult is represented by a legal practitioner in the proceedings.\n36—Right of other interested persons to be heard\nIn proceedings under this Division relating to a vulnerable adult, the Court may, on the application of—\n\t(a)\ta member of the vulnerable adult's family; or\n\t(b)\ta person who has at any time been responsible for or otherwise had care of the vulnerable adult (including, to avoid doubt, a guardian of the vulnerable adult); or\n\t(c)\tany other person who, in the opinion of the Court, has a proper interest in the matter,\nhear submissions the applicant wishes to make in respect of the vulnerable adult, despite the fact that the applicant is not a party to the proceedings.\n37—Contravention of Court order\n\t(1)\tA person who contravenes a term of an order of the Court imposed under this Division is guilty of an offence.\nMaximum penalty: $10 000.\n\t(2)\tA person is not guilty of an offence of aiding, abetting, counselling or procuring the commission of an offence against this section if the person is a vulnerable adult protected by the order that has been contravened.\nPart 5—Reviews of certain decisions\nDivision 1—Internal review\n38—Internal review\n\t(1)\tA person who is aggrieved by a decision of the Adult Safeguarding Unit or the Director under Part 4 of this Act is entitled to a review of the decision under this section.\n\t(2)\tAn application for review—\n\t(a)\tmust be made in a manner and form determined by the Chief Executive; and\n\t(b)\tmust be made within 30 days after the day on which notice of the decision was given to the applicant (or such longer time as the Chief Executive may allow).\n\t(3)\tOn an application for review under this section the Chief Executive may confirm, vary or reverse the decision under review.\n\t(4)\tThe Chief Executive must, on completing a review under this section, give written notice to the applicant of the Chief Executive's determination in respect of the decision under review.\n\t(5)\tThe regulations may make further provision in respect of a review under this section (including, to avoid doubt, by limiting the kinds of decisions that may be the subject of an application for review).\n39—Delegation\n\t(1)\tThe Chief Executive may delegate a function or power under this Division to any person or body that is, in the Chief Executive's opinion, competent to perform or exercise the relevant function or power.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\nDivision 2—External review by Ombudsman\n40—External review by Ombudsman\n\t(1)\tIf—\n\t(a)\ta person is dissatisfied with a determination of the Chief Executive following an internal review under section 38; and\n\t(b)\tthat determination relates to circumstances in which a vulnerable adult is, or is suspected of being, at risk of serious abuse,\nthe person may apply to the Ombudsman for a review of the determination.\n\t(2)\tAn application for a review of a determination under this section—\n\t(a)\tmust be made in a manner and form determined by the Ombudsman; and\n\t(b)\tmust be made within 30 days after notice of the determination is given to the applicant (or such longer period as may be allowed by the Ombudsman).\n\t(3)\tThe Ombudsman may refuse to conduct a review under this section if the Ombudsman is of the opinion that the application is unreasonable, trivial or vexatious.\n\t(4)\tIn conducting a review under this section, the Ombudsman—\n\t(a)\tmay carry out an investigation into the subject matter of the application (and for the purposes of such an investigation may exercise such of the investigative powers as are conferred on the Ombudsman by the Ombudsman Act 1972 in relation to an investigation duly initiated under that Act as the Ombudsman considers appropriate); and\n\t(b)\tmay—\n\t(i)\ttry to effect a settlement between the persons to whom the review relates at any time during the review; and\n\t(ii)\tat the request of a person to whom the review relates, suspend a review under this section at any time to allow an opportunity for a settlement to be negotiated.\n\t(5)\tThe Chief Executive, the Adult Safeguarding Unit and the Director (as the case requires), any relevant State authority and the applicant must cooperate in any process proposed by the Ombudsman for the purposes of a review under this section (including any attempt of the relevant review authority to effect a settlement between the participants), and must do all such things as are reasonably required to expedite the process.\n\t(6)\tThe Ombudsman may dismiss an application if the Ombudsman considers that the applicant has failed to comply with subsection (5).\n\t(7)\tOn completion of a review under this section, the Ombudsman may (based on the circumstances existing at the time of the review) confirm, vary or reverse the determination the subject of the review.\n\t(8)\tOn making a determination on a review under this section, the relevant review authority must notify each of the following persons of the determination and the reasons for the determination:\n\t(a)\tthe applicant;\n\t(b)\tthe Chief Executive;\n\t(c)\tthe Adult Safeguarding Unit.\n\t(9)\tIf the Ombudsman considers it to be in the public interest or the interests of a State authority to do so, the Ombudsman may publish, in such manner as the Ombudsman thinks fit, the reasons for a determination made on a review under this section (however the Ombudsman must not include in the reasons any information from the which the identity of the vulnerable adult can be determined).\n\t(10)\tIn publishing reasons for a determination, the Ombudsman may comment on any unreasonable, frivolous or vexatious conduct by the applicant, the Chief Executive, the Adult Safeguarding Unit or any relevant State authority.\n\t(11)\tIf, following a review under this section, the Ombudsman is of the opinion—\n\t(a)\tthat the practice in accordance with which a specified act was done, or specified decision made, should be varied; or\n\t(b)\tthat the reasons for any act or decision to which the review relates should be given to a specified person; or\n\t(c)\tthat any other steps should be taken,\nthe Ombudsman may report that opinion and the reasons for it to the Minister, and to the responsible Minister for any relevant State authority, and may make such recommendations as the Ombudsman thinks fit.\n\t(12)\tIf it appears to the Ombudsman that appropriate steps have not been taken to give effect to a recommendation made under this section, the Ombudsman may make a report on the matter (containing a copy of the earlier report and the recommendation) to the Minister.\n\t(13)\tIf the Ombudsman reports to the Minister under subsection (12), the Ombudsman may forward copies of the report to the Speaker of the House of Assembly and the President of the Legislative Council with a request that they be laid before their respective Houses.\n\t(14)\tIn this section—\nresponsible Minister for a State authority means—\n\t(a)\tif the State authority is a public sector agency—the Minister responsible for the public sector agency;\n\t(b)\tif the State authority is a local council—the Minister responsible for the administration of the Local Government Act 1999;\n\t(c)\tif the State authority is a body established by or under an Act—the Minister responsible for the administration of that Act;\n\t(d)\tin any other case—the Minister responsible for the administration of this Act.\n41—Views of vulnerable adult to be heard\nIn any review under this Division, the vulnerable adult to whom the review relates must, unless the Ombudsman is satisfied that the vulnerable adult is not capable of doing so, be given a reasonable opportunity to personally present to the Ombudsman their views in relation to the review.\nPart 6—Information gathering\n42—Authorised officer may require information\n\t(1)\tAn authorised officer may, by notice in writing, require a specified person (whether or not the person is a State authority, or an officer or employee of a State authority) to provide to them such information, or such documents, as may be specified in the notice (being information or documents in the possession of the person that the authorised officer, the Director or the Adult Safeguarding Unit reasonably requires for the performance of functions under this Act).\n\t(2)\tA person required to provide information or documents under subsection (1) must give the specified information or documents to the authorised officer, or in any other manner specified by the authorised officer, within the period specified in the notice.\n\t(3)\tA person who refuses or fails to comply with a notice under subsection (1) is guilty of an offence.\nMaximum penalty: $10 000.\n\t(4)\tIf a State authority refuses or fails to comply with a notice under subsection (1), the Director may, after consultation with the State authority—\n\t(a)\treport the refusal or failure to the Minister and to the Minister responsible for the State authority (if any); and\n\t(b)\tinclude details of the refusal or failure in the annual report of the Director.\n\t(5)\tThe Minister may, by notice in writing, exempt a specified person or body, or persons or bodies of a specified class, from the operation of this section.\n\t(6)\tAn exemption—\n\t(a)\tmay be conditional or unconditional; and\n\t(b)\tmay be varied or revoked by the Minister by further notice in writing.\n43—Sharing of information between certain persons and bodies\n\t(1)\tThis section applies to the following persons and bodies:\n\t(a)\tthe Adult Safeguarding Unit;\n\t(b)\ta State authority;\n\t(c)\tany other person or body declared by the regulations to be included in the ambit of this subsection.\n\t(2)\tDespite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirement set out in the regulations, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient—\n\t(a)\tto perform official functions relating to the health, safety, welfare or wellbeing of a vulnerable adult or class of vulnerable adults; or\n\t(b)\tto manage any risk to a vulnerable adult or class of vulnerable adults that might arise in the recipient's capacity as an employer or provider of services.\n\t(3)\tDespite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction.\n\t(4)\tSubsection (3) applies—\n\t(a)\twhether or not the information or documents consist of or include prescribed information and documents; and\n\t(b)\twhether the information or documents ever disclosed the identity of a person, or has been redacted so as to de‑identify a person.\n\t(5)\tInformation may be provided under this section regardless of whether the provider has been requested to provide the information.\n\t(6)\tIn this section—\nprescribed information and documents means—\n\t(a)\tinformation or documents relating to the health, safety, welfare or wellbeing of a vulnerable adult; or\n\t(b)\tinformation or documents relating to the financial affairs of a vulnerable adult; or\n\t(c)\tany other information or document of a kind prescribed by the regulations for the purposes of this definition.\n44—No obligation to maintain secrecy\nNo obligation to maintain secrecy or other restriction on the disclosure of information applies in relation to the disclosure of information to the Director, the Adult Safeguarding Unit or an authorised officer under this Act.\n45—Interaction with Public Sector (Data Sharing) Act 2016\nNothing in this Part affects the operation of the Public Sector (Data Sharing) Act 2016.\nPart 7—Miscellaneous\n46—Obstruction of person reporting suspected abuse of vulnerable adults\nA person must not, without reasonable excuse—\n\t(a)\tprevent another person from making a report under this Act relating to a suspicion that a vulnerable adult may be at risk of abuse; or\n\t(b)\thinder or obstruct another person in making such a report.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n47—Obstruction of Director etc\nA person must not, without reasonable excuse, hinder or obstruct the Director, an authorised officer or a member of the Adult Safeguarding Unit in the performance or exercise of a function or power under this Act.\nMaximum penalty: $10 000.\n48—False or misleading statements\nA person must not make a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided under this Act.\nMaximum penalty: $10 000.\n49—Confidentiality\n\t(1)\tA person engaged or formerly engaged in the administration of this Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except—\n\t(a)\tas required or authorised by or under this Act or any other Act or law; or\n\t(b)\twith the consent of the person to whom the information relates; or\n\t(c)\tin connection with the administration or enforcement of this or any other Act; or\n\t(d)\tfor the purposes of referring the matter to a law enforcement agency, or a person or agency exercising official duties under an Act relating to the care or protection of vulnerable adults; or\n\t(e)\tto an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions; or\n\t(f)\tif the disclosure is reasonably necessary for the protection of the lawful interests of that person.\nMaximum penalty: $10 000.\n\t(2)\tSubsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tInformation that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\nMaximum penalty: $10 000.\n\t(4)\tThe regulations may make further provision in respect of the disclosure of information obtained in the course of the administration of this Act.\n50—Victimisation\n\t(1)\tA person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has provided, or intends to provide, information under this Act commits an act of victimisation.\n\t(2)\tCausing detriment on the ground that a person—\n\t(a)\thas made a false allegation; or\n\t(b)\thas not acted in good faith,\ndoes not constitute an act of victimisation.\n\t(3)\tAn act of victimisation under this Act may be dealt with—\n\t(a)\tas a tort; or\n\t(b)\tas if it were an act of victimisation under the Equal Opportunity Act 1984,\nbut, if the victim commences proceedings in a court seeking a remedy in tort, the victim cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim cannot subsequently commence proceedings in a court seeking a remedy in tort.\n\t(4)\tIf a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint.\n\t(5)\tIn proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation.\n\t(6)\tA person who personally commits an act of victimisation under this Act is guilty of an offence.\nMaximum penalty: $10 000.\n\t(7)\tProceedings for an offence against subsection (6) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions.\n\t(8)\tIn this section—\ndetriment includes—\n\t(a)\tinjury, damage or loss; or\n\t(b)\tintimidation or harassment; or\n\t(c)\tdiscrimination, disadvantage or adverse treatment in relation to a person's employment; or\n\t(d)\tthreats of reprisal.\n51—Protections, privileges and immunities\n\t(1)\tNo liability attaches to the Director or any other person for any act or omission in good faith in the exercise or purported exercise of powers or functions under this or any other Act.\n\t(2)\tNothing in this Act affects the privileges, immunities or powers of the Legislative Council or House of Assembly or their committees or members.\n\t(3)\tNothing in this Act affects any rule or principle of law relating to—\n\t(a)\tlegal professional privilege; or\n\t(b)\t\"without prejudice\" privilege; or\n\t(c)\tpublic interest immunity.\n\t(4)\tA person is excused from answering a question or producing a document or other material if the person could not be compelled to answer the question or produce the document or material in proceedings in the Supreme Court.\n\t(5)\tA person who provides information or a document under this Act has the same protection, privileges and immunities as a witness in proceedings before the Supreme Court.\n\t(6)\tA person who does anything in accordance with this Act, or as required or authorised by or under this Act, cannot by so doing be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct.\n52—Service\n\t(1)\tSubject to this Act, a notice or document required or authorised to be given to a person for the purposes of this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person at the person's last known residential, business or (in the case of a corporation) registered address; or\n\t(c)\tbe left for the person at the person's last known residential, business or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tWithout limiting the effect of subsection (1), a notice or other document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act.\n53—Review of Act\n\t(1)\tThe Minister must cause an independent review of the operation of this Act to be conducted, and a report on the review submitted to the Minister, before the third anniversary of the commencement of this section.\n\t(2)\tThe Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\n54—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may provide for—\n\t(a)\tthe exemption of a person, or a class of persons, from the operation of a specified provision or provisions of this Act; and\n\t(b)\tfines, not exceeding $10 000, for offences against the regulations; and\n\t(c)\tfacilitation of proof of the commission of offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of a specified person or body; and\n\t(e)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person or body.\n\t(4)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nOffice for the Ageing Act 1995\nLegislation repealed by principal Act\nThe Ageing and Adult Safeguarding Act 1995 repealed the following:\nCommissioner for the Ageing Act 1984\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1995\n92\nOffice for the Ageing Act 1995\n7.12.1995\n20.6.1996 (Gazette 20.6.1996 p2971)\n1999\n69\nOffice for the Ageing (Advisory Board) Amendment Act 1999\n18.11.1999\n1.7.2000 (Gazette 15.6.2000 p3131)\n2015\n8\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 27 (ss 177—179)—1.7.2015 (Gazette 25.6.2015 p3076)\n2018\n34\nOffice for the Ageing (Adult Safeguarding) Amendment Act 2018\n22.11.2018\n1.2.2019 (Gazette 31.1.2019 p370) except ss 4, 5, new Pt 3, Pt 4 Divs 1 to 5, Pt 5 Div 1, Pts 6, 7 (as inserted by s 6), s 7 & Sch 1—1.10.2019 and except new Pt 4 Div 6 & Pt 5 Div 2 (as inserted by s 6)—1.10.2020 (Gazette 20.6.2019 p2206)\n2021\n38\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021\n7.10.2021\nSch 1 (cll 1 & 76)—7.10.2021: s 2\n2025\n38\nAgeing and Adult Safeguarding (Review Recommendations) Amendment Act 2025\n11.9.2025\n1.7.2026 (Gazette 4.12.2025 p4714)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\n\namended by 8/2015 s 177\n1.7.2015\n\namended by 34/2018 s 7\n1.10.2019\nPt 1\n\n\ns 1\namended by 34/2018 s 4\n1.10.2019\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\nss 2—5\ninserted by 34/2018 s 5\n1.10.2019\ns 6\ninserted by 34/2018 s 5\n1.10.2019\n\namended by 38/2021 Sch 1 cl 1\n7.10.2021\nPt 2\nsubstituted by 34/2018 s 6\n1.2.2019\nPt 3 before deletion by 8/2015\n\n\ns 8\n\n\ns 8(2)\namended by 69/1999 s 3(a)\n1.7.2000\ns 8(3)\nsubstituted by 69/1999 s 3(b)\n1.7.2000\ns 8(5)\namended by 69/1999 s 3(c)\n1.7.2000\nPt 3\ndeleted by 8/2015 s 178\n1.7.2015\n\ninserted by 34/2018 s 6\n1.10.2019\nPt 4\ninserted by 34/2018 s 6\n1.10.2019 except Div 6—1.10.2020\nPt 5\ninserted by 34/2018 s 6\n1.10.2019 except Div 2—1.10.2020\nPts 6 and 7\ninserted by 34/2018 s 6\n1.10.2019\nSch\nomitted under Legislation Revision and Publication Act 2002\n\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n179—Transitional provision\nA member of the Advisory Board on Ageing ceases to hold office on the commencement of this section.\nOffice for the Ageing (Adult Safeguarding) Amendment Act 2018, Sch 1—Transitional provision\n1—Application of certain provisions of Act limited during first 3 years of operation\n\t(1)\tThe following provisions of the Ageing and Adult Safeguarding Act 1995 (as amended or enacted by this Act) will, to the extent that the provision relates to the safeguarding of vulnerable adults, be taken only to apply to, or in relation to, prescribed vulnerable adults during the prescribed period:\n\t(a)\tPart 3;\n\t(b)\tPart 4;\n\t(c)\tPart 5.\n\t(2)\tIn this clause—\nprescribed period means the period commencing on the day on which this clause comes into operation and ending on the third anniversary of that commencement;\nprescribed vulnerable adult means—\n\t(a)\ta vulnerable adult within the meaning of section 3 of the Ageing and Adult Safeguarding Act 1995 (as enacted by this Act) who is, on the commencement of this clause, aged—\n\t(i)\tif the vulnerable adult is an Aboriginal or Torres Strait Islander Person—50 years or older; or\n\t(ii)\tin any other case—65 years or older; or\n\t(b)\tany other vulnerable adult, or vulnerable adult of a class, declared by the Minister by notice in the Gazette to be included in the ambit of this definition.\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21\n76—Savings and transitional regulations\nRegulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.\nHistorical versions\nReprint No 1—1.7.2000\n\n1.7.2015\n\n1.2.2019\n\n1.10.2019\n\n1.10.2020\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1995 purpose. Originally the 'Office for the Ageing Act 1995', it was solely focused on policy coordination and advocacy for older people. The 2018 amendments (effective 2019-2020) added substantial safeguarding powers including investigation authority, entry warrants, court orders, information sharing overrides, and abuse reporting systems. The 2025 amendments further expanded these powers. The Act now functions as both a policy/advocacy framework AND a protective intervention statute with quasi-police powers, creating a hybrid that goes well beyond the original advisory mandate."},"complexity_factors":["Multiple overlapping entities with distinct but related functions (Office for Ageing Well vs Adult Safeguarding Unit)","Extensive conditional logic around consent requirements (s.24) with five specific exceptions plus regulatory discretion","Nested delegation chains (Director → officers → further delegates) appearing in multiple Parts","Cross-references to at least 6 other Acts (ICAC Act 2012, Ombudsman Act 1972, Health and Community Services Complaints Act 2004, Public Sector Data Sharing Act 2016, Equal Opportunity Act 1984, Corporations Act 2001)","Conditional warrant requirements for use of force with three-tier test (s.19(2))","Dual review pathways (internal then Ombudsman) with specific limitations and cooperation requirements","Complex information sharing provisions overriding other secrecy laws but subject to regulations (s.43)","Multiple penalty provisions with varying maxima ($10,000 fines vs 1-2 years imprisonment)","Transitional provisions limiting application to specific age groups (50+ Indigenous, 65+ others) for initial 3-year period","Regulatory dependence – many operational details left to regulations (assessment procedures, Charter content, prescribed bodies)"],"plain_english_summary":"This South Australian law does two main things: it sets up a government office to help older people age well, and it creates a special unit to protect vulnerable adults from abuse.\n\n**Who it affects:**\n- **Older South Australians** – anyone getting older who wants support to stay connected and respected in their community\n- **Vulnerable adults** – people over 18 who are at risk of abuse because of age, illness, disability, isolation, or dependence on others\n- **Service providers** – aged care facilities, hospitals, disability services, and government agencies\n- **Families and carers** – anyone involved in caring for a vulnerable adult\n\n**What the Office for Ageing Well does:**\n- Develops policies to help people age with dignity and without discrimination\n- Researches issues affecting older people\n- Promotes understanding of ageing in the community\n- Ensures multicultural needs are considered in services\n- Supports the Adult Safeguarding Unit\n\n**What the Adult Safeguarding Unit does:**\n- Receives reports about suspected abuse of vulnerable adults\n- Investigates allegations of abuse (physical, sexual, emotional, financial, or neglect)\n- Can enter premises, examine records, and interview people (with safeguards)\n- Can apply to court for protection orders\n- Coordinates with police, health services, and other agencies\n- Maintains a Charter of Rights for vulnerable adults\n\n**Key protections:**\n- **Consent matters** – generally, the Unit must get the vulnerable adult's permission before acting, unless there's immediate danger, a serious crime, or the person can't make decisions\n- **Least restrictive approach** – interventions should be as minimal as possible\n- **Dignity in risk** – adults have the right to make their own choices, even risky ones\n- **No forced reporting** – people *can* report suspected abuse, but aren't legally required to\n- **Confidentiality** – strict rules protect personal information\n- **Anti-victimisation** – protects people from retaliation for reporting abuse\n\n**Why it matters:**\nThis law recognises that older people and vulnerable adults deserve respect and autonomy while providing a safety net when abuse occurs. It balances protection with personal freedom – the Unit can't just step in and take over someone's life; they need consent or a court order in most cases. It's designed to catch abuse early while preserving the dignity and decision-making rights of vulnerable adults."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The URL provided returned a 'Page Not Found' error following a website migration, meaning no content — original or amended — was available for analysis."},"complexity_factors":["No legislative content was returned — only a website error page","Cannot assess provisions, definitions, obligations, or structure","Complexity score of 1 reflects absence of analysable content, not simplicity of the underlying Act"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Ageing and Adult Safeguarding Act 1995 (SA)** could not be retrieved. The source URL returned a **'Page Not Found'** error, likely due to a website migration on the South Australian Legislation website around **24 March 2026**.\n\n### What we do know:\n- This is a **South Australian** law (not federal)\n- It was originally enacted in **1995**\n- Based on its title, it likely deals with the **protection and welfare of older people and vulnerable adults** in South Australia — potentially covering issues like elder abuse, guardianship, or safeguarding services\n\n### What to do:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name\n- Email the Office of Parliamentary Counsel at **OPCWeb@sa.gov.au** if the page cannot be located\n- Update any bookmarks created before 24 March 2026\n\n**No reliable legal analysis can be provided without access to the actual legislative text.**"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act originally created an Office for the Ageing; later amendments (notably the 2018 amendments) expanded it into an Office for Ageing Well with a separate Adult Safeguarding Unit empowered to receive, assess and investigate abuse reports, compel information, enter premises in certain circumstances, and apply for Court orders (see Parts 2–4, ss 7, 13–19, 22–26, 31–37). A transitional regulation (Sch 1 to the 2018 amendment) limited early application to prescribed older cohorts for a three‑year period, demonstrating a staged widening of scope."},"complexity_factors":["Broad, open‑ended definitions of “vulnerable adult” and “abuse” that depend on multiple factual predicates and regulations (ss 3–4)","Nuanced decision‑making capacity rules and interaction with advance care directives (s 5)","Wide statutory discretion vested in the Director and Adult Safeguarding Unit to assess, investigate, refer and decline matters (ss 15, 23–26)","Extensive delegation powers allowing functions to be reallocated within the public service (ss 10, 16, 39)","Coercive investigatory powers for authorised officers including entry, inspection, seizure, compulsion to answer and photographic/audio recording, with urgent‑entry exceptions and warrant safeguards (ss 18–19)","Information‑gathering and sharing regime that overrides secrecy rules in specified circumstances but is regulated and limited by confidentiality and offence provisions (ss 42–44, 49)","Court‑based coercive remedies with relaxed evidence rules, interim and ancillary orders, and criminal penalties for contravention (ss 31–37, 34)","Dual review pathways: internal review by Chief Executive and external review by the Ombudsman with procedural and publication powers (ss 38–41)","Offences and penalties for non‑compliance, obstruction, false statements and victimisation imposing criminal and civil exposure (ss 19(7), 42(3), 46–48, 50)","High regulatory and ministerial discretion to define scope, exemptions and procedural detail via regulations and codes of practice (ss 21, 54)","Transitional and historical amendments that limit initial application to prescribed older cohorts and show scope evolution (Office for the Ageing (Adult Safeguarding) Amendment Act 2018 Sch 1)"],"plain_english_summary":"Mechanically, the Act establishes an Office for Ageing Well and an Adult Safeguarding Unit with powers to receive, assess and investigate reports about the abuse of “vulnerable adults”, to require information and documents, to enter premises in certain circumstances, and to seek Court orders (see Parts 2–4). It affects older people and other adults made vulnerable by illness, disability, isolation or dependence, and it matters to State authorities, care providers, carers and anyone who may be required to provide information or comply with investigations."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/ageing-and-adult-safeguarding-act-1995","history":"/api/acts/ageing-and-adult-safeguarding-act-1995/history","analysis":"/api/acts/ageing-and-adult-safeguarding-act-1995/analysis","conflicts":"/api/acts/ageing-and-adult-safeguarding-act-1995/conflicts","importantCases":"/api/acts/ageing-and-adult-safeguarding-act-1995/important-cases","documents":"/api/acts/ageing-and-adult-safeguarding-act-1995/documents"}}