{"id":"supported-residential-facilities-act-1992","name":"Supported Residential Facilities Act 1992","slug":"supported-residential-facilities-act-1992","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110388,"registerId":"sa-supported-residential-facilities-act-1992-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Supported Residential Facilities Act 1992","content":"South Australia\nSupported Residential Facilities Act 1992\nAn Act to make provision in relation to the care of persons in certain residential facilities; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tApplication of Act\n5\tAct to bind Crown\nPart 2—General objects and principles\n6\tObjects of Act\n7\tPrinciples to be observed\nPart 3—Administration\nDivision 1—General\n8\tRole of Minister\n9\tRole of councils\n10\tLicensing authorities\nDivision 3—Tribunal\n19\tTribunal to sit with assessors\n20\tReasons for decision\nDivision 4—Authorised officers\n21\tAppointment of authorised officers\n22\tPowers of authorised officers\nPart 4—Licensing scheme\nDivision 1—General licensing provisions\n23\tRequirement to be licensed\n24\tApplication for licence\n25\tMatters to be considered in granting a licence\n26\tTerm of licence\n27\tApplication for renewal of licence\n28\tMatters to be considered in renewing a licence\n29\tLicence conditions\n30\tTransfer and surrender of licences\n31\tCancellation of licences\nDivision 2—Licensing reviews\n32\tReview of decision or order\nDivision 3—Supplementary provisions\n33\tExisting facilities\n34\tAppointment of manager\n35\tDeath of licensee\n36\tDisplay of notice\nPart 5—Rights of residents\nDivision 1—Documentation\n37\tProspectuses\n38\tResident contracts\n39\tRescission of resident contract by proprietor\n40\tService plans\nDivision 2—Additional assistance\n41\tExtension of care\n42\tExtension of care—residential-only premises\nDivision 3—Settlement of disputes\n43\tDisputes etc\n44\tRight of review\n45\tNon-derogation\nPart 6—Miscellaneous\n46\tDelegation of resident's rights\n47\tAttendance by health service providers etc\n48\tOrderly conduct about facilities etc\n49\tComplaints\n50\tNo contracting out\n51\tConfidential information\n52\tProsecutions\n53\tContinuing offences\n54\tDefault notices\n56\tIndemnity fund\n57\tRegulations\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Supported Residential Facilities Act 1992.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nauthorised officer means an authorised officer appointed under this Act;\nbusiness day means any day except Saturday, Sunday or a public holiday;\ncontrolling authority means a controlling authority established by one or more councils under the Local Government Act 1934;\ncouncil means a municipal or district council;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nimmediate family of a person means any of the following:\n\t(a)\ta spouse or domestic partner;\n\t(b)\ta brother or sister;\n\t(c)\ta parent;\n\t(d)\ta grandparent;\n\t(e)\ta child or grandchild;\n\t(f)\tan uncle or aunt;\n\t(g)\ta nephew or niece,\nwhether the relationship is of whole blood or half-blood or by affinity;\nlicensing authority see section 10;\npersonal care services means any of the following:\n\t(a)\tthe provision of nursing care; or\n\t(b)\tassistance or supervision in—\n\t(i)\tbathing, showering or personal hygiene; or\n\t(ii)\ttoileting or continence management; or\n\t(iii)\tdressing or undressing; or\n\t(iv)\tconsuming food,\n(but not including assistance to a person who can undertake the relevant activity himself or herself but who needs some form of preliminary or incidental assistance to enable him or her to do so); or\n\t(c)\tthe provision of direct physical assistance to a person with mobility problems (but not including assistance to a person who can undertake the relevant activity himself or herself but who needs some form of preliminary or incidental assistance to enable him or her to do so); or\n\t(d)\tthe management (or assistance with the management) of medication; or\n\t(e)\tthe provision of substantial rehabilitative or developmental assistance; or\n\t(f)\tthe management of personal finances,\nbut does not include—\n\t(g)\tthe provision of routine advice or information;\n\t(h)\tthe provision of services to a person on a short-term basis in response to an accident or some other unanticipated or exceptional circumstance;\n\t(i)\tthe provision of services to a person on a short-term basis while arrangements are being made for the person to be provided with personal care services in alternative premises;\n\t(j)\tany other matter excluded from the ambit of this definition by the regulations;\nproprietor in relation to a supported residential facility means the owner of the undertaking carried on at the facility;\nrepresentative of a person means—\n\t(a)\ta person appointed in writing by that person to act as his or her representative for the purposes of this Act; or\n\t(b)\tany person who is otherwise entitled at law to act on behalf of that person;\nresident contract means a contract between the proprietor (or former proprietor) of a supported residential facility and a resident relating to—\n\t(a)\tthe provision of personal care services to the resident;\n\t(b)\tthe terms and conditions of residency;\n\t(c)\tsuch other matters relevant to the care or accommodation of the resident agreed between the parties;\nresidential-only premises means—\n\t(a)\tpremises used as a boarding-house or lodging-house that are not required to be licensed under this Act; or\n\t(b)\tpremises that are of a class prescribed by regulation for the purposes of this definition;\nspouse—a person is the spouse of another if they are legally married;\nsupported residential facility or facility means premises at which, for monetary or other consideration (but whether or not for profit), residential accommodation is provided or offered together with personal care services (other than for members of the immediate family of the proprietor of the facility);\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\n4—Application of Act\n\t(1)\tSubject to this section, this Act applies to supported residential facilities established either before or after the commencement of this Act.\n\t(2)\tThis Act does not apply to or in relation to—\n\t(a)\tany premises that form part of an educational institution or college; or\n\t(b)\tany premises that form part of an incorporated hospital or private hospital under the Health Care Act 2008; or\n\t(c)\tany premises that form part of—\n\t(i)\ta home used for the provision of foster care by a foster parent approved under the Community Welfare Act 1972; or\n\t(ii)\ta facility established or licensed under the Community Welfare Act 1972 to the extent that personal care services are provided to children under that Act; or\n\t(d)\tany premises where not more than two persons are provided with personal care services; or\n\t(e)\tany premises where services are provided by an agency or organisation of a prescribed kind, or in prescribed circumstances.\n\t(3)\tThe Minister may, by notice in the Gazette, confer exemptions from this Act or specified provisions of this Act—\n\t(a)\ton specified persons or persons of a specified class; or\n\t(b)\tin relation to specified facilities or facilities of a specified class.\n\t(4)\tWithout limiting the operation of subsection (3), the Minister may, by notice in the Gazette, confer an exemption from this Act in relation to Commonwealth subsidised nursing homes or aged care hostels if he or she is satisfied as to the adequacy of Commonwealth monitoring of outcome standards for residents.\n\t(5)\tSubsection (4) is subject to the qualification that the Minister may, by notice in the Gazette, determine that an exemption conferred under that subsection does not apply in relation to particular premises specified in the notice.\n\t(6)\tThe Minister may, at any time, by further notice in the Gazette, revoke a determination under subsection (5).\n\t(7)\tAn exemption under subsection (3) or (4) may be granted by the Minister on such conditions as the Minister thinks fit.\n\t(8)\tThe Minister may, at any time, by further notice in the Gazette—\n\t(a)\tvary or revoke an exemption under subsection (3) or (4);\n\t(b)\tvary or revoke a condition under subsection (7).\n\t(9)\tA person who contravenes or fails to comply with a condition of an exemption is guilty of an offence.\nPenalty: Division 5 fine.\n5—Act to bind Crown\n\t(1)\tSubject to subsection (2), this Act binds the Crown not only in right of the State but also (so far as the legislative power of the State extends) in all its other capacities.\n\t(2)\tNo criminal liability attaches to the Crown itself (as distinct from its agencies or instrumentalities) under this Act.\nPart 2—General objects and principles\n6—Objects of Act\nThe objects of this Act are as follows:\n\t(a)\tto establish standards for the provision of personal care services in supported residential facilities in this State; and\n\t(b)\tto recognise and protect the rights of persons who reside in supported residential facilities; and\n\t(c)\tto ensure that a resident or prospective resident of a supported residential facility has ready access to information about the scope, quality and cost of care within the facility; and\n\t(d)\tto regulate the responsibilities of service providers in supported residential facilities; and\n\t(e)\tto ensure accountability in relation to supported residential facilities.\n7—Principles to be observed\nThe following principles must be applied in relation to the management and administration of supported residential facilities:\n\t(a)\tresidents are entitled to high quality care, to their choice of medical practitioner or other provider of health services, and to an informed choice in the provision of appropriate care;\n\t(b)\tresidents are, having regard to their needs and the type of service offered at the particular facility, entitled to receive reasonable levels of nutrition, comfort and shelter in a home-like environment;\n\t(c)\tservices should be provided in a safe physical environment;\n\t(d)\tresidents are entitled to be treated with dignity and respect and afforded reasonable degrees of privacy;\n\t(e)\tresidents are entitled to independence and freedom of choice, including—\n\t(i)\tthe right to choose and pursue friendships with members of either sex; and\n\t(ii)\tthe right to practice religious and cultural customs; and\n\t(iii)\tthe right to participate in activities of their choosing,\n(so long as they do not unreasonably infringe upon the rights of others);\n\t(f)\tresidents are entitled to manage their own affairs (wherever possible) and must not be subjected to exploitation of their financial or other assets;\n\t(g)\tresidents are entitled to freedom to comment (either publicly or confidentially) to persons of their choice about the provision of accommodation or personal care services.\nPart 3—Administration\nDivision 1—General\n8—Role of Minister\n\t(1)\tThe Minister has the following functions:\n\t(a)\tto promote the objects of this Act throughout the State;\n\t(b)\tto be responsible for licensing certain supported residential facilities;\n\t(c)\tto undertake the administration and enforcement of this Act outside council areas;\n\t(d)\tsuch other functions as are assigned to the Minister by this Act.\n\t(2)\tThe Minister may, by instrument in writing, delegate any of the Minister's powers or functions under this Act (including a power or function as a licensing authority under this Act)—\n\t(a)\tto a particular person or body; or\n\t(b)\tto the person for the time being occupying a particular office or position.\n\t(3)\tA delegation under subsection (2)—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the Minister to act personally in any matter; and\n\t(c)\tis revocable at will by the Minister.\n\t(4)\tIn any legal proceedings an apparently genuine certificate, purportedly signed by the Minister, containing particulars of a delegation under this section will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\n9—Role of councils\n\t(1)\tA council has the following functions:\n\t(a)\tto undertake the administration and enforcement of this Act within its area;\n\t(b)\tto be responsible for licensing supported residential facilities that are situated within the area of the council;\n\t(c)\tsuch other functions as are assigned to a council by this Act.\n\t(2)\tA council may, by instrument in writing, delegate any of its powers or functions under this Act (including a power or function as a licensing authority under this Act)—\n\t(a)\tto a controlling authority; or\n\t(b)\tto an authorised officer; or\n\t(c)\tto an officer or employee of the council or to the person for the time being occupying a particular office or position in the council; or\n\t(d)\twith the approval of the Minister, to any other person or body.\n\t(3)\tA delegation under subsection (2)—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tmay authorise the delegate to subdelegate any power or function; and\n\t(c)\tdoes not derogate from the power of the council to act in any matter; and\n\t(d)\tis revocable at will by the council.\n\t(4)\tIn any legal proceedings an apparently genuine certificate, purportedly signed by the Chief Executive Officer of a council, containing particulars of a delegation under this section will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\n\t(5)\tIf, in the opinion of the Minister, a council has failed to discharge its duties under this Act, the Minister must consult with the council in relation to the matter.\n\t(6)\tIf, after taking action to comply with subsection (5), the Minister considers that the matter remains unresolved, the Minister may take such action as appears appropriate.\n\t(7)\tWithout limiting the generality of subsection (6), the Minister may, by notice in the Gazette, withdraw powers or functions under this Act from a council and vest them in a person or body specified by the Minister.\n\t(8)\tBefore taking action under subsection (7)—\n\t(a)\tthe Minister must, by notice in writing—\n\t(i)\tinform the council of its proposed course of action (setting out the grounds on which the action is proposed); and\n\t(ii)\tinvite the council to make written submissions in relation to the matter; and\n\t(b)\tif the council so requests in written submissions to the Minister—the Minister must discuss the matter with a delegation representing the council.\n\t(9)\tThe Minister must, as soon as is reasonably practicable after publishing a notice under subsection (7), furnish the council with written reasons for the Minister's decision.\n\t(10)\tThe Minister may, by further notice in the Gazette—\n\t(a)\ttransfer any power or function withdrawn under subsection (7) to another person or body specified in the notice;\n\t(b)\trevoke a previous notice under this section.\n\t(11)\tAny expenses reasonably incurred by a person or body in exercising or performing powers or functions vested under this section may be recovered as a debt from the relevant council in a court of competent jurisdiction.\n10—Licensing authorities\nThe licensing authority for a particular supported residential facility is as follows:\n\t(a)\tsubject to paragraphs (b) and (c), the council for the area in which the facility is situated is the licensing authority;\n\t(b)\tsubject to paragraph (c), where the licensing powers of the council have been withdrawn, the person or body in which the powers are vested is the licensing authority;\n\t(c)\twhere—\n\t(i)\tthe facility is situated outside the area of a council; or\n\t(ii)\tthe proprietor of the facility is a council,\nthe Minister is the licensing authority.\nDivision 3—Tribunal\n19—Tribunal to sit with assessors\n\t(1)\tFor the purposes of proceedings before the Tribunal under this Act, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 that consists of persons that have extensive experience in the following:\n\t(a)\tthe provision or supervision of personal care services;\n\t(b)\tacting as advocates for people who are elderly, disabled or intellectually impaired;\n\t(c)\tdeveloping or implementing policies that relate to the control or development of supported residential facilities within the State;\n\t(d)\tmonitoring or inspecting supported residential facilities.\n\t(2)\tIn any proceedings under this Act, the Tribunal may, if the President so determines, sit with 1 or more assessors selected by the President from the panel referred to in subsection (1).\n\t(3)\tIn this section—\nPresident means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.\n20—Reasons for decision\nAt the conclusion of proceedings under this Act, the Tribunal must, if requested to do so, furnish a party with a written statement of the reasons for its decision (although the statement may take the form of a transcript of reasons delivered orally).\nDivision 4—Authorised officers\n21—Appointment of authorised officers\n\t(1)\tAuthorised officers may be appointed by the Minister or by a council.\n\t(2)\tEach authorised officer must be furnished with an appropriate identity card.\n\t(3)\tAn authorised officer must produce the identity card for inspection by any person who questions his or her authority to exercise the powers of an authorised officer under this Act.\n\t(4)\tThe Minister may, by notice in writing served on the authorised officer, revoke an appointment made by the Minister and a council may, by notice in writing served on the authorised officer, revoke an appointment made by the council.\n22—Powers of authorised officers\n\t(1)\tAn authorised officer may—\n\t(a)\t—\n\t(i)\tat any time, enter and inspect land or premises where the authorised officer reasonably suspects that an offence against this Act has been or is being committed or where necessary for the purpose of determining whether a provision of this Act is being or has been complied with; or\n\t(ii)\tat any reasonable time, enter and inspect land or premises for the purposes of the performance of any other function connected with the administration or operation of this Act; or\n\t(iii)\tat any reasonable time, enter and inspect any premises in relation to which an exemption under section 4 applies for the purpose of investigating any matter relevant to determining whether or not the exemption should continue (and may, for that purpose, exercise any of the powers set out below);\n\t(b)\tsubject to subsection (2), where reasonably necessary, break into or open any part of, or anything in or on, the land or premises;\n\t(c)\trequire any person to produce any books, papers, records or documents reasonably required in connection with the administration of this Act;\n\t(d)\texamine, copy and take extracts from any books, papers, records or documents so produced;\n\t(e)\ttake photographs, films or video recordings as reasonably necessary in connection with the administration of this Act;\n\t(f)\trequire a person who the authorised officer reasonably suspects has committed, or is about to commit, an offence against this Act to state the person's full name and usual place of residence;\n\t(g)\trequire a person who the authorised officer reasonably suspects has knowledge concerning any matter relating to the administration of this Act to answer questions in relation to those matters;\n\t(h)\trequire a person holding or required to hold a licence under this Act to produce the licence for inspection.\n\t(2)\tAn authorised officer may only exercise the power conferred by subsection (1)(b) on the authority of a warrant issued by a justice unless the authorised officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.\n\t(3)\tA justice must not issue a warrant under subsection (2) unless satisfied, on information given on oath—\n\t(a)\tthat there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be, committed; or\n\t(b)\tthat the warrant is reasonably required in the circumstances.\n\t(4)\tIn the exercise of powers under this Act an authorised officer may be assisted by such persons as may be reasonable in the circumstances.\n\t(5)\tThe person in charge of premises at the relevant time must give to an authorised officer or a person assisting an authorised officer such assistance and provide such facilities as are necessary to enable the powers conferred by this section to be exercised.\nPenalty: Division 6 fine.\n\t(6)\tSubject to subsection (7), a person who—\n\t(a)\twithout reasonable excuse, hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(c)\twithout reasonable excuse, refuses or fails to comply with a requirement or direction of an authorised officer under this Act; or\n\t(d)\twithout reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an authorised officer; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\nis guilty of an offence.\nPenalty: Division 6 fine.\n\t(7)\tA person is not required to answer a question put by an authorised officer if the answer would tend to incriminate him or her of an offence.\n\t(8)\tA person who assaults an authorised officer, or a person assisting an authorised officer, acting in the exercise of powers under this Act is guilty of an offence.\nPenalty: Division 5 fine or division 5 imprisonment.\nPart 4—Licensing scheme\nDivision 1—General licensing provisions\n23—Requirement to be licensed\n\t(1)\tPremises must not be used as a supported residential facility unless licensed under this Act.\n\t(2)\tIf premises are used as a supported residential facility in contravention of subsection (1), the proprietor of the facility is guilty of an offence.\nPenalty: Division 5 fine.\n24—Application for licence\n\t(1)\tThe proprietor of a supported residential facility (or proposed supported residential facility) must apply to the relevant licensing authority for a licence under this Act.\n\t(2)\tAn application for a licence—\n\t(a)\tmust be in such manner and form as is determined by the Minister for the purposes of this section; and\n\t(b)\tmust be accompanied by the prescribed fee.\n\t(3)\tWhere application is made for a licence and the licensing authority requires further information to determine the application, the licensing authority may, by notice in writing served on the applicant not later than two months after the application is made, require the applicant to furnish specified information.\n\t(4)\tWhere a notice is served under subsection (3), the application is taken, for the purposes of subsection (7), not to have been duly made until the information is furnished.\n\t(5)\tThe licensing authority may require any information included in an application or required by a notice under subsection (3) to be verified by statutory declaration.\n\t(6)\tThe regulations may specify the time within which a licensing authority should decide an application for a licence.\n\t(7)\tIf a licensing authority does not decide an application within the prescribed time, the applicant may, by notice in writing served on the licensing authority, require the licensing authority to determine the application within a period (being a period of not less than one month) specified by the applicant in the notice.\n\t(8)\tA licensing authority is taken to have refused an application that is not decided within the period specified in a notice under subsection (7).\n\t(9)\tA licensing authority may, subject to such conditions as the licensing authority thinks fit, conditionally approve the issue of a licence in respect of proposed premises and if the licensing authority is subsequently satisfied that the premises have been established in substantial compliance with those conditions (and within such period, if any, as the licensing authority may have determined), the licensing authority must grant a licence.\n\t(10)\tIf a licensing authority refuses an application for a licence, the licensing authority must notify the applicant in writing of—\n\t(a)\tthe refusal; and\n\t(b)\tthe reasons for the refusal; and\n\t(c)\tany rights of review that the applicant may have under this Act.\n25—Matters to be considered in granting a licence\n\t(1)\tSubject to this Act, the licensing authority must, in considering an application for a licence in respect of the use of premises as a supported residential facility, take into account—\n\t(a)\tthe suitability of the applicant to be granted a licence; and\n\t(b)\tthe suitability of the premises; and\n\t(c)\tthe scope and quality of personal care services to be provided in pursuance of the licence; and\n\t(d)\tthe qualifications and experience of the person, or persons, who will be operating or managing the facility, and of any staff, or proposed staff, of the facility; and\n\t(f)\tany matter prescribed by the regulations for the purposes of this provision,\nand may take into account such other matters as the licensing authority thinks fit.\n\t(2)\tIn determining whether or not an applicant is suitable to be granted a licence, the licensing authority must have regard to—\n\t(a)\twhether the applicant is a fit and proper person to hold a licence; and\n\t(b)\twhere the applicant is a body corporate (other than a council or a department or agency or instrumentality of the Crown), whether every person who is, in the opinion of the licensing authority, in a position to control or influence substantially the affairs of the body corporate is a fit and proper person to exercise such control or influence in respect of a body corporate that is the holder of a licence; and\n\t(c)\tthe applicant's proposals for—\n\t(i)\tthe management of the facility and the provision of personal care services; and\n\t(ii)\tthe staffing of the facility; and\n\t(d)\tthe ability of the applicant to fulfil the obligations required by this Act,\nand may have regard to such other matters as the licensing authority thinks fit.\n\t(3)\tIn determining whether or not premises are suitable to be used as a supported residential facility, the licensing authority must have regard to—\n\t(a)\tthe standards of construction, facilities, furnishings, fittings and equipment of the premises; and\n\t(b)\tthe design and layout of the premises; and\n\t(c)\tthe state of repair of the premises; and\n\t(d)\tany arrangements that exist or are proposed for the ongoing maintenance of the premises,\nand may have regard to such other matters as the licensing authority thinks fit.\n\t(4)\tThe licensing authority must not grant a licence if it appears that the facility would not be administered in accordance with the principles prescribed by Part 2.\n26—Term of licence\nSubject to this Act, a licence remains in force for such period (not exceeding two years) as is stated in the licence.\n27—Application for renewal of licence\n\t(1)\tAn application for the renewal of a licence—\n\t(a)\tmust be in such manner and form as is determined by the Minister for the purposes of this section; and\n\t(b)\tmust be accompanied by the prescribed fee.\n\t(2)\tAn application for renewal must be made not less than the prescribed number of days before the date of expiry of the licence.\n\t(3)\tThe licensing authority may, in the licensing authority's discretion, determine a late application for renewal provided that the applicant pays the prescribed late application fee.\n\t(4)\tThe licensing authority must, by notice in writing served on the applicant, give a decision on an application for the renewal of a licence before the date of expiry of the licence and, in the case of a decision refusing an application, state in the notice—\n\t(a)\tthe reasons for the refusal; and\n\t(b)\tany rights of review that the applicant may have under this Act.\n28—Matters to be considered in renewing a licence\nA licensing authority may refuse to renew a licence on any ground on which a licence may be cancelled under this Act.\n29—Licence conditions\n\t(1)\tA licence under this Act is subject to—\n\t(a)\tany condition prescribed by the regulations; and\n\t(b)\tany condition imposed by the licensing authority.\n\t(2)\tThe licensing authority may impose licence conditions with respect to such matters as are contemplated by this Act or as the licensing authority considers necessary or expedient for the purposes of this Act.\n\t(3)\tConditions of a licence imposed by the licensing authority—\n\t(a)\t—\n\t(i)\tif imposed at the time of grant or renewal of the licence—must be included in the licence itself; or\n\t(ii)\tif imposed during the currency of the licence—must be imposed by notice in writing served on the holder of the licence; and\n\t(b)\tmay be varied or revoked at any time by notice in writing served on the holder of the licence.\n\t(5)\tThe holder of a licence who contravenes, or fails to comply with, a condition of the licence is guilty of an offence.\nPenalty: Division 6 fine.\nExpiation fee: Division 7 fee.\n30—Transfer and surrender of licences\n\t(1)\tAn application may be made to the relevant licensing authority for the transfer of a licence under this Act.\n\t(2)\tAn application for the transfer of a licence—\n\t(a)\tmust be in such manner and form as is determined by the Minister for the purposes of this section; and\n\t(b)\tmust be accompanied by the prescribed fee.\n\t(3)\tAn applicant must furnish the licensing authority with such further information as the licensing authority may require to determine the application.\n\t(4)\tThe licensing authority must, upon due application under this section and payment of the prescribed fee, transfer the licence to the proposed transferee if the licensing authority is satisfied that the proposed transferee would be a suitable person to be granted a licence under this Act (see section 25).\n\t(5)\tThe holder of a licence under this Act may, at any time, surrender the licence, and the licence then ceases to be of force or effect.\n31—Cancellation of licences\n\t(1)\tThe relevant licensing authority may cancel a licence if satisfied, on reasonable grounds—\n\t(a)\tthat the licence has been obtained improperly; or\n\t(b)\tthat the holder of the licence has contravened, or failed to comply with, a condition of the licence; or\n\t(c)\tthat the holder of the licence has contravened, or failed to comply with, a provision of this Act; or\n\t(d)\tthat there has been a failure to administer the facility in accordance with the principles prescribed by Part 2; or\n\t(e)\tthat serious irregularities have occurred in the management of the facility, or in relation to the care of any resident; or\n\t(f)\tthat there has been a failure to provide a resident of the facility with personal care services to which he or she is entitled; or\n\t(g)\tthat the holder of the licence, or any person involved in the management of the facility or the provision of services within the facility, has been guilty of negligent or improper conduct that has adversely affected the interests of a resident of the facility; or\n\t(h)\tthat the holder of the licence is insolvent or in imminent danger of becoming insolvent, and as a result the care of any resident of the facility is in jeopardy; or\n\t(i)\tthat the holder of the licence is no longer a fit and proper person to hold a licence under this Act or, in the case of a body corporate, that a person who has gained or is in a position to control or influence substantially the affairs of the body corporate is not or has ceased to be a fit and proper person to exercise such control or influence in respect of a body corporate that is the holder of a licence; or\n\t(j)\tthat the state of the premises renders the premises unsuitable for use as a supported residential facility.\n\t(2)\tBefore a licensing authority acts under this section, the licensing authority must—\n\t(a)\tnotify the holder of the licence in writing of the proposed cancellation of the licence; and\n\t(b)\tallow the holder of the licence at least 28 days within which to make submissions in relation to that proposed action.\n\t(3)\tThe licensing authority may, pending the cancellation (or possible cancellation) of a licence under this section, impose conditions to protect the interests of the residents of the facility.\n\t(4)\tWhere a licensing authority acts under this section, the licensing authority may—\n\t(a)\tappoint an administrator of the facility;\n\t(b)\ttake such other steps as may be reasonable to secure the proper care of the residents of the facility.\n\t(5)\tWhere a condition is imposed in relation to a licence under subsection (3), the holder of the licence must not contravene, or fail to comply with, the condition.\nPenalty: Division 5 fine.\nExpiation fee: Division 7 fee.\n\t(6)\tThe following provisions apply in relation to the appointment of an administrator under subsection (4):\n\t(a)\tthe administrator may be appointed before or after the cancellation of the licence takes effect, but the appointment cannot take effect before the cancellation takes effect unless the licensing authority considers that the imposition of conditions under subsection (3) would not adequately protect the interests of the residents of the facility pending any cancellation of the licence; and\n\t(b)\tthe administrator has, during the period of his or her appointment, full and exclusive power to manage the facility and to provide for the care of any resident; and\n\t(c)\tthe administrator is entitled to reasonable remuneration during the period of his or her appointment; and\n\t(d)\tthe remuneration of the administrator and all other costs and expenses arising out of the management of the facility or the care of any resident must be paid by the proprietor of the facility (and any unpaid amount may be recovered as a debt from the proprietor in a court of competent jurisdiction); and\n\t(e)\tthe administrator may, by notice in writing, require the proprietor of the facility, or any person who has been involved in the management of the facility, to provide a report orally or in writing on any matter that may be relevant to the management of the facility or the care of any resident and a person who fails to comply with such a requirement within a reasonable time is guilty of an offence and liable to a penalty not exceeding a division 6 fine; and\n\t(f)\tthe administrator must report regularly to the licensing authority; and\n\t(g)\tthe appointment of the administrator will cease—\n\t(i)\tif the administrator was appointed before the cancellation of the licence took effect—upon the determination of the licensing authority not to cancel the licence; or\n\t(ii)\tupon the revocation of the appointment by the licensing authority; or\n\t(iii)\tupon the expiration of six months from the date on which the licence was cancelled,\n(whichever first occurs); and\n\t(h)\tthe administrator must, on the termination of his or her appointment, fully account to the licensing authority and the proprietor of the facility for his or her management of the facility; and\n\t(i)\tif a dispute arises in relation to any act of an administrator under this section, a party to the dispute may apply to the Tribunal for resolution of the matters in dispute (and the Tribunal may, on such an application, make such orders and give such directions as it thinks appropriate in the circumstances of the particular case); and\n\t(j)\tfor the purposes of the South Australian Civil and Administrative Tribunal Act 2013, an application to the Tribunal under paragraph (i) will be taken to come within the Tribunal's original jurisdiction.\nDivision 2—Licensing reviews\n32—Review of decision or order\n\t(1)\tA person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of any decision or order of a licensing authority under this Part.\n\t(2)\tAn application for review under subsection (1) must be made within 28 days after receipt by the person of notice in writing of the relevant decision or order.\n\t(3)\tIf the application for review is in respect of an application for renewal of a licence, the licensing authority or the Tribunal may order that the licence remain in force until the determination of the review.\n\t(4)\tAn order by the licensing authority or the Tribunal under subsection (3)—\n\t(a)\tis subject to such conditions as are specified in the order; and\n\t(b)\tmay be varied or revoked—\n\t(i)\tin any case—by further order of the Tribunal; or\n\t(ii)\tif the order was made by the licensing authority—by further order of the licensing authority or the Tribunal.\n\t(5)\tIf a person contravenes, or fails to comply with, a condition imposed under subsection (4), the person is guilty of an offence.\nPenalty: Division 6 fine.\nDivision 3—Supplementary provisions\n33—Existing facilities\n\t(1)\tNotwithstanding the preceding provisions of the Part, where application is made for a licence in respect of a facility that was in operation during the period of three months immediately preceding the commencement of this section, the relevant licensing authority must, upon payment of the prescribed fee, grant the licence in accordance with this Act for a term of one year.\n\t(2)\tA licence may not be granted under this section unless the application is made within three months after the commencement of this section.\n\t(3)\tA licence granted under this section comes into operation three months after the commencement of this section.\n\t(4)\tWhere—\n\t(a)\ta facility in respect of which a licence is granted under this section was, immediately before the commencement of this Act, licensed under another Act; and\n\t(b)\ta provision of the other Act did not apply to the facility by virtue of an exemption granted under that Act; and\n\t(c)\tthe regulations under this Act contain a provision that corresponds to the provision of the other Act,\nit will be taken that the proprietor has been granted a similar exemption under this Act.\n\t(5)\tAn exemption applying by virtue of subsection (4) ceases to apply on the first anniversary of the commencement of the licence under this Act.\n\t(6)\tSection 23 does not apply in relation to a facility that was in operation during the period of three months immediately preceding the commencement of this section until three months after the commencement of this section.\n34—Appointment of manager\n\t(1)\tWhere—\n\t(a)\tthe proprietor of a facility is not directly involved in the management of the facility; or\n\t(b)\tthe proprietor of a facility is a body corporate,\nthe facility must be managed under the personal supervision of a natural person approved by the relevant licensing authority.\n\t(2)\tIf a facility is not managed as required by subsection (1) for a period exceeding 28 days, or such longer period as may be allowed by the licensing authority, the proprietor of the facility is guilty of an offence.\nPenalty: Division 6 fine.\nExpiation fee: Division 7 fee.\n35—Death of licensee\nWhere the holder of a licence dies, the personal representative of the deceased, or some other person approved by the relevant licensing authority, is to be taken to be the holder of the licence (on the same conditions as were applicable to the former holder of the licence) as from the date of death until the expiration of six months from that date or until such later date as may be fixed by the licensing authority.\n36—Display of notice\nThe proprietor of a facility in respect of which a licence has been issued must ensure that a prescribed notice is displayed in a conspicuous place on the premises.\nPenalty: Division 10 fine.\nExpiation fee: Division 11 fee.\nPart 5—Rights of residents\nDivision 1—Documentation\n37—Prospectuses\n\t(1)\tThe proprietor of a supported residential facility must prepare a prospectus containing the information required by the regulations relating to the facility and the personal care services provided or offered at the facility.\n\t(2)\tCopies of the prospectus must be kept on display in a conspicuous place on the premises.\n\t(3)\tThe proprietor must, at the request of a prospective resident of the facility (or his or her representative), provide that person with a copy of the prospectus.\n\t(4)\tA copy of the prospectus (and a copy of any alterations to the prospectus) must be lodged with the relevant licensing authority in accordance with the regulations.\n\t(5)\tIf a preceding provision of this section is not observed, the proprietor of the facility is guilty of an offence.\nPenalty: Division 6 fine.\n\t(6)\tWhere there is an untrue statement in a prospectus, the proprietor is guilty of an offence unless the proprietor proves—\n\t(a)\tthat the statement was immaterial; or\n\t(b)\tthat the proprietor had reasonable grounds to believe, and at all relevant times did believe, that the statement was true.\nPenalty: Division 6 fine.\n38—Resident contracts\n\t(1)\tA proprietor of a supported residential facility must, in accordance with the regulations, enter into a resident contract with a resident of the facility to whom personal care services are provided.\n\t(2)\tA resident contract must be in writing.\n\t(3)\tBefore a person enters into a resident contract, the proprietor of the facility must ensure that the person is given—\n\t(a)\ta statement in the prescribed form completed by or on behalf of the proprietor containing the information required by the regulations; and\n\t(b)\tany other prescribed documents.\n\t(4)\tWhere a person enters into a resident contract, the contract will be taken to include a warranty on the part of the proprietor of the relevant facility of the correctness of the information contained in a statement under subsection (3)(a) (subject to any written alteration made by the proprietor with the consent of the resident on or before the signing of the contract by the proprietor), and the warranty prevails over any inconsistent contractual term.\n\t(5)\tA resident (or prospective resident) is entitled to rescind the resident contract—\n\t(a)\tat any time within 15 business days after the date of the contract; or\n\t(b)\tif subsection (3) is not complied with—at any time before the expiration of 15 business days after the date on which the documents required under that subsection are given to the resident or prospective resident.\n\t(6)\tA contract is rescinded under subsection (5) by notice in writing, given personally or by post, to the proprietor.\n\t(7)\tA contract may be enforced against the proprietor, for the time being, of the facility.\n\t(8)\tIf a provision of this section is not observed, the proprietor of the facility is guilty of an offence.\nPenalty: Division 6 fine.\n\t(9)\tIt is a defence to a prosecution under subsection (8) for the proprietor to prove that he or she took all reasonable steps to comply with this section.\n39—Rescission of resident contract by proprietor\n\t(1)\tA proprietor of a supported residential facility must, before exercising any right to terminate a resident contract, give to the resident notice of the proposed termination in accordance with subsection (2).\n\t(2)\tThe notice must—\n\t(a)\tbe in writing and conform with any requirement prescribed by the regulations; and\n\t(b)\tunless otherwise approved by the relevant licensing authority, be given to the resident, or to his or her representative, personally or by post at least 28 days before the proposed termination takes effect; and\n\t(c)\tspecify and give particulars of the grounds of the proprietor's decision to terminate the contract; and\n\t(d)\tset out the rights that the resident has to make application for a review of the decision under this Act.\n\t(3)\tThis section does not apply—\n\t(a)\tto the extent of any inconsistency with another Act; or\n\t(b)\tin any circumstance prescribed by the regulations.\n\t(4)\tThis section does not restrict the ability of the parties to a resident contract to enter into a further agreement to discharge the contract by mutual agreement.\n\t(5)\tIf a provision of this section is not observed, the proprietor of the facility is guilty of an offence.\nPenalty: Division 6 fine.\n40—Service plans\n\t(1)\tThe proprietor of a supported residential facility must ensure that a service plan is prepared and implemented for each resident of the facility to whom personal care services are provided in consultation with the resident (or, if appropriate, a representative of the resident).\n\t(2)\tThe service plan must set out details of the personal care services that are to be provided to the resident on a day to day (or other periodical) basis.\n\t(3)\tA service plan must be reviewed and, if necessary, revised as often as may be reasonably appropriate taking into account the kinds of service provided and the circumstances and needs of the resident.\n\t(4)\tIf a provision of this section is not observed, the proprietor of the facility is guilty of an offence.\nPenalty: Division 6 fine.\nDivision 2—Additional assistance\n41—Extension of care\n\t(1)\tIf a resident of a supported residential facility is in need of care that is not provided at the facility, the person in charge of the facility must—\n\t(a)\toffer to assist the resident to obtain that additional care and, at the request of the resident, render reasonable assistance to him or her in obtaining that care;\n\t(b)\tif the resident does not obtain that additional care within a reasonable time, report the matter to—\n\t(i)\ta person who is, to his or her knowledge, a representative of the resident; or\n\t(ii)\tif no such person is known under subparagraph (i)—a person who is, to his or her knowledge, a member of the immediate family of the resident;\n\t(c)\tif—\n\t(i)\tno person is known under paragraph (b); or\n\t(ii)\tthe person in need of care does not obtain that care within a reasonable time after a report is made under paragraph (b),\nreport the matter to an appropriate government agency.\nPenalty: Division 8 fine.\n\t(2)\tNo civil liability arises from a statement made honestly in a report under subsection (1).\n42—Extension of care—residential-only premises\n\t(1)\tIf a person who is residing at residential-only premises is in need of care, the person in charge of the premises must—\n\t(a)\toffer to assist the resident to obtain the care and, at the request of the resident, render reasonable assistance to him or her in obtaining that care;\n\t(b)\tif the person does not obtain that care within a reasonable time, report the matter to—\n\t(i)\ta person who is, to his or her knowledge, a representative of the resident; or\n\t(ii)\tif no such person is known under subparagraph (i)—a person who is, to his or her knowledge, a member of the immediate family of the resident;\n\t(c)\tif—\n\t(i)\tno person is known under paragraph (b); or\n\t(ii)\tthe person in need of care does not obtain that care within a reasonable time after a report is made under paragraph (b),\nreport the matter to an appropriate government agency.\nPenalty: Division 8 fine.\n\t(2)\tNo civil liability arises from a statement made honestly in a report under subsection (1).\nDivision 3—Settlement of disputes\n43—Disputes etc\n\t(1)\tAn application may be made to a licensing authority under this section if—\n\t(a)\ta dispute arises between a resident of a supported residential facility and the proprietor of the facility; or\n\t(b)\ta resident of a supported residential facility objects to a decision of the proprietor of the facility to terminate his or her resident contract; or\n\t(c)\ta resident of a supported residential facility believes—\n\t(i)\tthat the proprietor has failed to comply with the terms of their resident contract or a provision of this Act; or\n\t(ii)\tthat the proprietor has acted in any other unauthorised manner.\n\t(2)\tThe licensing authority should, on an application under subsection (1), explore any possible avenues of achieving conciliation between the parties.\n\t(3)\tSubject to compliance with subsection (2), the licensing authority may, as it thinks fit—\n\t(a)\tmake recommendations to the parties in settlement of any dispute;\n\t(b)\tif the licensing authority considers that the proprietor has acted—\n\t(i)\tin breach of contract; or\n\t(ii)\tin a harsh or unreasonable manner; or\n\t(iii)\tin a manner that is contrary to the best interests of the resident,\norder that the proprietor vary or reverse a decision or take such action as is in the opinion of the licensing authority necessary to remedy the breach or to reverse the effect of any act of the proprietor;\n\t(c)\tif the licensing authority considers that a resident has acted in an unreasonable manner or in a manner that is contrary to the best interests of the other residents of the facility, order the resident to refrain from any future action of a kind specified in the order or take such action as is in the opinion of the licensing authority appropriate in the circumstances of the particular case;\n\t(d)\torder a party to the dispute to take such action as is in the opinion of the licensing authority necessary to remedy any default or to correct any unauthorised act, as is specified in the order;\n\t(e)\ttake such other action as may appear to be appropriate in the circumstances of the particular case.\n\t(4)\tSubject to this Act, a person in relation to whom an order is made under subsection (3) must comply with that order.\nPenalty: Division 6 fine.\n\t(5)\tAn application to a licensing authority under this section—\n\t(a)\tmust be made to the licensing authority in writing; and\n\t(b)\tmust specify the grounds of the application; and\n\t(c)\tsubject to the regulations, must be accompanied by the prescribed fee.\n\t(6)\tThe licensing authority may require an applicant—\n\t(a)\tto furnish such further information in relation to the subject matter of the application as the licensing authority thinks necessary; and\n\t(b)\tto verify any information by statutory declaration.\n\t(7)\tThe licensing authority must give the applicant and the respondent reasonable notice of the time and place of any hearing of the application.\n\t(8)\tThe licensing authority in investigating or determining the subject matter of an application is not bound by the rules of evidence but may obtain information in such manner as the licensing authority thinks fit.\n\t(9)\tWhere an application for an order is made under this section and the licensing authority is satisfied that an interim order is justified by the urgent circumstances of the case, the licensing authority may make an interim order pending final resolution of the matter.\n\t(10)\tAn interim order—\n\t(a)\thas effect for such period, not exceeding two months, as the licensing authority may determine and specifies in the order (unless revoked by the licensing authority in the meantime); and\n\t(b)\tmay be made whether or not notice of the application has been given to the other party in the matter.\n\t(11)\tThe power of a licensing authority to make an order under this section includes the power to vary or revoke an order.\n\t(12)\tA licensing authority may—\n\t(a)\tdecline to proceed with an application under this section until it is satisfied that reasonable steps have been taken to resolve the dispute pursuant to other procedures specified by the licensing authority; or\n\t(b)\tdecline to proceed with an application under this section if it considers that it would be more appropriate for proceedings to be taken in a court or tribunal constituted by law; or\n\t(c)\tdecline to proceed (or further proceed) with an application under this section if proceedings related to the subject matter of the application have been commenced in a court or tribunal constituted by law.\n\t(13)\tA licensing authority must, in determining any application under this section, act with as much expedition as is reasonably practicable in the circumstances.\n44—Right of review\n\t(1)\tA resident or proprietor who is dissatisfied with a decision or order of a licensing authority under section 43 may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision or order.\n\t(2)\tAn application for review under subsection (1) must be made within 28 days after receipt by the person of notice in writing of the relevant decision or order.\n\t(3)\tUnless otherwise determined by the Tribunal, where proceedings are commenced for review of a decision or order of a licensing authority, the operation of the decision or order is suspended until the determination of the review.\n45—Non-derogation\nThe provisions of this Division do not limit or derogate from any civil remedy at law or in equity.\nPart 6—Miscellaneous\n46—Delegation of resident's rights\nSubject to any order of the Supreme Court, the rights and powers of a resident of a supported residential facility under this Act or under any resident contract may be exercised on his or her behalf by his or her representative.\n47—Attendance by health service providers etc\n\t(1)\tA health service provider, social worker, or any person approved by a licensing authority for the purposes of this provision may at any reasonable time enter any premises that comprise a supported residential facility, or any residential-only premises, for the purpose of visiting or attending on any person residing at those premises.\n\t(2)\tA person who hinders any person acting under subsection (1) is guilty of an offence.\nPenalty: Division 6 fine.\n\t(3)\tThe person in charge of the premises must, on request, provide reasonable assistance to any person acting under subsection (1) while he or she is present at the premises.\nPenalty: Division 7 fine.\n\t(4)\tIn this section—\nhealth service provider means a person who provides any of the following services—\n\t(a)\tmedical or nursing services;\n\t(b)\tdental services;\n\t(c)\tpsychiatric services;\n\t(d)\tpharmaceutical services;\n\t(e)\tcommunity health services;\n\t(f)\tservices provided by podiatrists, physiotherapists, chiropractors, dietitians or optometrists;\n\t(g)\tservices provided by occupational therapists or speech therapists;\nsocial worker means a person who holds a qualification recognised by the Australian Association of Social Workers Limited.\n48—Orderly conduct about facilities etc\nThe person in charge of a supported residential facility or any residential-only premises must ensure, so far as is reasonably practicable, that a resident of the facility or premises does not unreasonably interfere with the peace, comfort or privacy of—\n\t(a)\tanother resident; or\n\t(b)\tany other person who resides in the locality of the facility or premises.\nPenalty: Division 9 fine.\nExpiation fee: Division 11 fee.\n49—Complaints\n\t(1)\tA complaint—\n\t(a)\tabout the management of a supported residential facility or any residential‑only premises; or\n\t(b)\tabout the conduct of a resident of a supported residential facility or any residential-only premises,\nmay be made to a licensing authority under this Act.\n\t(2)\tA complaint under this section must, if the licensing authority so requires, be reduced to writing.\n\t(3)\tThe licensing authority may take such action as it thinks fit in view of the complaint.\n\t(4)\tWithout limiting the operation of subsection (3), the licensing authority may appoint an authorised officer to carry out an investigation into the circumstances surrounding the complaint and to attempt to resolve the matter as expeditiously as possible.\n50—No contracting out\n\t(1)\tAny agreement or arrangement that is inconsistent with a provision of this Act or purports to exclude, modify or restrict the operation of this Act is (except where such inconsistency, exclusion, modification or restriction is expressly permitted under this Act) to that extent void and of no effect.\n\t(2)\tAny purported waiver of a right conferred by or under this Act is void and of no effect.\n\t(3)\tAny person who enters into any agreement or arrangement with intent either directly or indirectly to defeat, evade or prevent the operation of this Act, is guilty of an offence.\nPenalty: Division 7 fine.\n51—Confidential information\n\t(1)\tA person performing any function under this Act must not use confidential information gained by virtue of his or her official position for the purpose of securing a private benefit for himself or herself personally or for some other person.\nPenalty: Division 5 fine or division 5 imprisonment.\n\t(2)\tA person performing any function under this Act must not intentionally disclose confidential information gained by virtue of his or her official position unless—\n\t(a)\tthe disclosure is necessary for the proper performance of that function; or\n\t(b)\tthe disclosure is made to another who is also performing a function under this Act; or\n\t(c)\tthe disclosure is made with the consent of the person who furnished the information or to whom the information relates; or\n\t(d)\tthe disclosure is authorised or required by a court or tribunal constituted by law; or\n\t(e)\tthe disclosure is authorised by the regulations.\nPenalty: Division 5 fine or division 5 imprisonment.\n52—Prosecutions\n\t(1)\tA prosecution for an offence against this Act must be commenced within two years after the date on which the offence is alleged to have been committed or such further period as the Attorney-General may, in a particular case, allow.\n\t(2)\tA document apparently signed by the Attorney-General and stating that the Attorney‑General allows a specified extension of the period for commencing a particular prosecution is to be accepted, in the absence of proof to the contrary, as proof of the fact so stated.\n\t(4)\tIn any proceedings for an offence against this Act an allegation in a complaint that premises were not at a specified time licensed under this Act will be taken to be proved in the absence of proof to the contrary.\n\t(5)\tA penalty for an offence against this Act that is recovered on the complaint of a council or an officer of a council must be paid to that council.\n53—Continuing offences\n\t(1)\tWhere a person is convicted of an offence against this Act and after that conviction the act or omission of the person that constituted the offence continues, the person is guilty of a further offence and liable to an additional penalty for each day on which the act or omission continues of an amount not exceeding one-tenth of the maximum penalty for the offence of which the person was convicted.\n\t(2)\tFor the purposes of subsection (1), an obligation to do something is to be regarded as continuing until the act is done notwithstanding that any period within which, or time before which, the act is required to be done has expired or passed.\n54—Default notices\n\t(1)\tWhere an authorised officer is of the opinion—\n\t(a)\tthat the holder of a licence, or any other person involved in the management of a supported residential facility, has contravened, or failed to comply with, a provision of this Act; or\n\t(b)\tthat there has been a failure to administer a supported residential facility in accordance with the principles prescribed by Part 2; or\n\t(c)\tthat the holder of a licence has contravened, or failed to comply with, a condition of the licence; or\n\t(d)\tthat irregularities or difficulties have otherwise occurred in the management of a supported residential facility, or in relation to the care of any resident,\nthe authorised officer may issue a notice requiring the person to whom the notice is issued to remedy the matters stated in the notice.\n\t(2)\tA notice under subsection (1) must include a statement of the grounds upon which the notice is issued.\n\t(3)\tA notice under subsection (1) may—\n\t(a)\tinclude directions as to the measures to be taken to remedy the matter;\n\t(b)\tspecify a day by which any matter referred to in the notice must be remedied.\n\t(4)\tA person to whom a notice is issued under subsection (1) may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the notice.\n\t(5)\tAn application for review under subsection (4) must be made within 14 days after the person receives the notice.\n\t(6)\tUnless otherwise determined by the Tribunal, the operation of the notice is suspended until the determination of the review.\n\t(8)\tSubject to this section, a person who contravenes or fails to comply with a notice under this section is guilty of an offence.\nPenalty: Division 8 fine.\n56—Indemnity fund\n\t(1)\tThe Minister must establish a fund to be called the Supported Residential Facilities Indemnity Fund.\n\t(2)\tThe fund will be administered by a person appointed by the Minister (in this section referred to as the Fund Manager).\n\t(3)\tThe Fund Manager may invest money constituting, or forming part of, the fund in a manner approved by the Treasurer.\n\t(4)\tThe fund will consist of—\n\t(a)\tmoney advanced to the fund by the Treasurer;\n\t(b)\ta prescribed percentage of licensing fees paid under this Act received from the licensing authorities in accordance with the regulations;\n\t(c)\ta prescribed percentage of expiation fees paid under this Act;\n\t(d)\ta prescribed percentage of any fines recovered from prosecutions under this Act;\n\t(e)\tinterest accruing from investment of the fund.\n\t(5)\tThe advancement of money under subsection (4)(a) may be made on such conditions as the Treasurer, after consultation with the Minister, thinks fit.\n\t(6)\tSubject to directions (if any) given by the Minister, and any condition imposed under subsection (5), money standing to the credit of the fund may be applied by the Fund Manager (in his or her discretion)—\n\t(a)\tin payment of the costs of administering the fund; and\n\t(b)\tin, or towards, satisfaction of claims by any administrator appointed under Division 1 of Part 4 to manage a supported residential facility where the administrator cannot, after taking reasonable steps, recover from the proprietor of the facility his or her remuneration and other costs and expenses associated with the management of the facility or the care of any resident; and\n\t(c)\tin, or towards, satisfaction of any claim against an administrator appointed under Division 1 of Part 4; and\n\t(d)\tin payment of any premium or other cost associated with any insurance cover taken out by, or provided to, an administrator appointed under Division 1 of Part 4 in respect of his or her management of a supported residential facility under this Act; and\n\t(e)\ttowards any costs incurred in providing services to any resident of a supported residential facility affected by any default on the part of the proprietor of the facility; and\n\t(f)\tfor any other prescribed purpose.\n\t(7)\tA claim for payment from the fund must be made, assessed and determined in accordance with the regulations.\n\t(8)\tAny amount paid from the fund as a result of any non-payment or default on the part of the proprietor of a supported residential facility (or a former proprietor of such a facility) is a debt due to the fund and may be recovered by the Fund Manager in a court of competent jurisdiction.\n\t(9)\tThe Fund Manager may insure the fund to such extent (if any) as the Fund Manager thinks fit against claims under this section.\n\t(10)\tThe Fund Manager must keep proper accounts of all money received, disbursed, invested or otherwise dealt with under this section.\n\t(11)\tThe Auditor-General may at any time, and must at least once in every calendar year, audit the accounts referred to in subsection (10).\n57—Regulations\n\t(1)\tThe Governor may make regulations for the purposes of this Act.\n\t(2)\tThe regulations may, for example—\n\t(a)\tprescribe standards and procedures that must be observed in relation to the provision of personal care services or in relation to any aspect of the operation of a supported residential facility; and\n\t(b)\tprescribe staffing requirements for supported residential facilities (including requirements as to qualifications, training or experience of staff members); and\n\t(c)\tprescribe standards in relation to safety, welfare and hygiene in supported residential facilities; and\n\t(d)\tprescribe standards in relation to the construction, facilities, furnishings, fittings and equipment of supported residential facilities (and require that such facilities, furnishings, fittings and equipment must be available at prescribed classes of supported residential facility); and\n\t(e)\tmake any provision in relation to prospectuses, resident contracts and service plans, including—\n\t(i)\tthe form of any prospectus, resident contract or service plan; and\n\t(ii)\tprescribed terms or conditions that must be included in any prospectus, resident contract or service plan; and\n\t(iii)\tprescribed procedures that must be observed in respect of any variation, or proposed variation, of a prospectus, resident contract or service plan; and\n\t(f)\trequire the provision of prescribed information to residents or prospective residents of supported residential facilities; and\n\t(g)\trequire the provision of returns, reports and other forms of information to the Minister, local councils or licensing authorities; and\n\t(h)\trequire the proprietor of a supported residential facility to keep records that contain such information as the regulations may prescribe, and make provision for, or in relation to, the inspection of those records; and\n\t(i)\trequire the notification of any occurrence of a prescribed class to the Minister, a licensing authority or other prescribed person or body or person or body of a prescribed class; and\n\t(j)\trequire the display or provision of certain information at a supported residential facility; and\n\t(k)\tprescribe standards that must be observed by persons who advertise the provision of services by supported residential facilities; and\n\t(l)\tmake any provision in relation to the management of a supported residential facility by an administrator appointed under this Act; and\n\t(m)\tmake any provision in relation to the management or application of the Supported Residential Facilities Indemnity Fund; and\n\t(n)\tmake any provision in relation to the transfer of any power or function of a council under Part 3 to a person or body specified by the Minister; and\n\t(o)\tprescribe forms and fees for the purposes of this Act (including annual fees payable in respect of licensed premises); and\n\t(p)\tprescribe codes of practice to be observed by proprietors of supported residential facilities and others in the provision of personal care services; and\n\t(q)\tprescribe codes to be used—\n\t(i)\tby councils and authorised officers in the administration and enforcement of this Act;\n\t(ii)\tby licensing authorities to facilitate the implementation of uniform licensing practices under this Act; and\n\t(r)\tprescribe penalties, not exceeding a division 7 fine, for breach of, or non-compliance with, any regulation; and\n\t(s)\tfix expiation fees for alleged offences against the regulations.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general or limited application; and\n\t(b)\tmay—\n\t(i)\tleave any matter or thing to be determined, varied, dispensed with or regulated according to the discretion of any prescribed person or body, or person or body of a prescribed class;\n\t(ii)\tconfer other forms of discretionary powers; and\n\t(c)\tmay make different prescriptions according to prescribed circumstances; and\n\t(d)\tmay differentiate between various classes of persons.\n\t(5)\tWhere—\n\t(a)\tthe proprietor of a facility who holds a licence under this Act applies to the licensing authority for an exemption from a regulation that applies in relation to the facility; and\n\t(b)\tthe licensing authority is satisfied—\n\t(i)\tthat it can grant the exemption without seriously affecting the interests of a resident of the facility; and\n\t(ii)\tthat it is appropriate for it to grant the exemption in the circumstances of the particular case,\nthe licensing authority may, by notice in writing to the proprietor, exempt the proprietor from the regulation to which the application relates and, in that event, proceedings cannot be taken against the proprietor for failing to comply with the regulation while such a notice remains in force.\n\t(6)\tAn exemption under subsection (5) may be granted by the licensing authority on such conditions as the licensing authority thinks fit.\n\t(7)\tThe licensing authority may, at any time, by further notice to the proprietor—\n\t(a)\trevoke an exemption under subsection (5);\n\t(b)\tvary or revoke a condition under subsection (6).\n\t(8)\tA person who contravenes or fails to comply with a condition of an exemption is guilty of an offence.\nPenalty: Division 7 fine.\nLegislative history\nNotes\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.\nLegislation amended by principal Act\nThe Supported Residential Facilities Act 1992 amended the following:\nMental Health Act 1977\nSouth Australian Health Commission Act 1976\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1992\n90\n Supported Residential Facilities Act 1992\n10.12.1992\n10.12.1994 (s 7(5) Acts Interpretation Act 1915) except ss 58 and 59—10.3.1995: s 2(2)\n1996\n34\n Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 35)—3.2.1997 (Gazette 19.12.1996 p1923)\n2000\n4\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 42)—1.6.2000 (Gazette 18.5.2000 p2554)\n2000\n34\n South Australian Health Commission (Administrative Arrangements) Amendment Act 2000\n6.7.2000\nSch 1 (cl 17)—6.7.2000 (Gazette 6.7.2000 p5)\n2006\n17\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 74 (s 235)—4.9.2006 (Gazette 17.8.2006 p2831)\n2006\n43\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 85 (s 211)—1.6.2007 (Gazette 26.4.2007 p1352)\n2008\n3\n Health Care Act 2008\n13.3.2008\nSch 4 (cl 32)—1.7.2008 (Gazette 26.6.2008 p2563)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 154 (s 351)—1.2.2010 (Gazette 28.1.2010 p320)\n2011\n36\n Statutes Amendment (Directors' Liability) Act 2011\n22.9.2011\nPt 21 (s 28)—1.1.2012 (Gazette 15.12.2011 p4988)\n2015\n8\n Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 39 (ss 253—259)—1.7.2015 (Gazette 25.6.2015 p3076)\n2017\n51\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 46 (ss 243 to 254)—4.10.2018 (Gazette 28.6.2018 p2618)\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\n4.9.2006\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n4.9.2006\ns 3\n\n\nAdministrative Appeals Court\ndeleted by 4/2000 s 9(1) (Sch 1 cl 42(a))\n1.6.2000\nAdvisory Committee\ndeleted by 8/2015 s 253\n1.7.2015\nDistrict Court\ninserted by 4/2000 s 9(1) (Sch 1 cl 42(a))\n1.6.2000\n\ndeleted by 51/2017 s 243(1)\n4.10.2018\ndomestic partner\ninserted by 43/2006 s 211(1)\n1.6.2007\nimmediate family\namended by 43/2006 s 211(2)\n1.6.2007\nspouse\ninserted by 43/2006 s 211(3)\n1.6.2007\nTribunal\ninserted by 51/2017 s 243(2)\n4.10.2018\ns 4\n\n\ns 4(2)\namended by 3/2008 Sch 4 cl 32\n1.7.2008\nPt 3\n\n\nPt 3 Div 2 before deletion by 8/2015\n\n\ns 11\n\n\ns 11(2)\namended by 34/2000 Sch 1 cl 17(a)\n6.7.2000\n\n(f) deleted by 34/2000 Sch 1 cl 17(b)\n6.7.2000\nPt 3 Div 2\ndeleted by 8/2015 s 254\n1.7.2015\nPt 3 Div 3\nheading substituted by 4/2000 s 9(1) (Sch 1 cl 42(b))\n1.6.2000\nheading\nsubstituted by 51/2017 s 244\n4.10.2018\ns 16\nsubstituted by 84/2009 s 351\n1.2.2010\ns 19 before deletion by 8/2015\n\n\ns 19(1)\namended by 4/2000 s 9(1) (Sch 1 cl 42(c))\n1.6.2000\ns 19(5)\nsubstituted by 4/2000 s 9(1) (Sch 1 cl 42(d))\n1.6.2000\ns 19(6)\namended by 4/2000 s 9(1) (Sch 1 cl 42(e))\n1.6.2000\ns 19(7)\namended by 4/2000 s 9(1) (Sch 1 cl 42(f))\n1.6.2000\ns 19\ndeleted by 8/2015 s 255\n1.7.2015\n\ninserted by 51/2017 s 245\n4.10.2018\ns 20 before substitution by 51/2017\n\n\ns 20(1)\namended by 4/2000 s 9(1) (Sch 1 cl 42(g))\n1.6.2000\n\namended by 17/2006 s 235\n4.9.2006\ns 20(2)\namended by 4/2000 s 9(1) (Sch 1 cl 42(h))\n1.6.2000\ns 20(3)\namended by 4/2000 s 9(1) (Sch 1 cl 42(i))\n1.6.2000\ns 20(4)\namended by 4/2000 s 9(1) (Sch 1 cl 42(j))\n1.6.2000\ns 20(5)\namended by 4/2000 s 9(1) (Sch 1 cl 42(k))\n1.6.2000\ns 20(6)\namended by 4/2000 s 9(1) (Sch 1 cl 42(l))\n1.6.2000\ns 20(7)\namended by 4/2000 s 9(1) (Sch 1 cl 42(m))\n1.6.2000\ns 20(8)\namended by 4/2000 s 9(1) (Sch 1 cl 42(n))\n1.6.2000\ns 20(9)\namended by 4/2000 s 9(1) (Sch 1 cl 42(o))\n1.6.2000\ns 20(10)\namended by 4/2000 s 9(1) (Sch 1 cl 42(p))\n1.6.2000\ns 20\nsubstituted by 51/2017 s 246\n4.10.2018\nPt 4\n\n\nPt 4 Div 1\n\n\ns 24\n\n\ns 24(10)\namended by 51/2017 s 247\n4.10.2018\ns 25\n\n\ns 25(1)\n(e) deleted by 8/2015 s 256\n1.7.2015\ns 27\n\n\ns 27(4)\namended by 51/2017 s 248\n4.10.2018\ns 29\n\n\ns 29(4)\ndeleted by 8/2015 s 257\n1.7.2015\ns 29(5)\namended by 34/1996 s 4 (Sch cl 35)\n3.2.1997\ns 31\n\n\ns 31(5)\namended by 34/1996 s 4 (Sch cl 35)\n3.2.1997\ns 31(6)\namended by 4/2000 s 9(1) (Sch 1 cl 42(q))\n1.6.2000\n\namended by 51/2017 s 249(1)—(3)\n4.10.2018\nPt 4 Div 2\n\n\nheading\namended by 51/2017 s 250\n4.10.2018\ns 32 before substitution by 51/2017\n\n\ns 32(1)\namended by 4/2000 s 9(1) (Sch 1 cl 42(r))\n1.6.2000\ns 32(2)\namended by 4/2000 s 9(1) (Sch 1 cl 42(s))\n1.6.2000\ns 32(3)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 42(t))\n1.6.2000\ns 32(4)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 42(u))\n1.6.2000\ns 32(5)\nsubstituted by 4/2000 s 9(1) (Sch 1 cl 42(v))\n1.6.2000\ns 32(6)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 42(w))\n1.6.2000\ns 32(7)\namended by 4/2000 s 9(1) (Sch 1 cl 42(x))\n1.6.2000\ns 32\nsubstituted by 51/2017 s 251\n4.10.2018\nPt 4 Div 3\n\n\ns 34\n\n\ns 34(2)\namended by 34/1996 s 4 (Sch cl 35)\n3.2.1997\ns 36\namended by 34/1996 s 4 (Sch cl 35)\n3.2.1997\nPt 5\n\n\ns 44 before substitution by 51/2017\n\n\ns 44(1)\namended by 4/2000 s 9(1) (Sch 1 cl 42(y))\n1.6.2000\ns 44(2)\namended by 4/2000 s 9(1) (Sch 1 cl 42(z))\n1.6.2000\ns 44(3)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 42(za))\n1.6.2000\ns 44(4)\namended by 4/2000 s 9(1) (Sch 1 cl 42(zb))\n1.6.2000\ns 44\nsubstituted by 51/2017 s 252\n4.10.2018\nPt 6\n\n\ns 48\namended by 34/1996 s 4 (Sch cl 35)\n3.2.1997\ns 52\n\n\ns 52(3)\ndeleted by 36/2011 s 28\n1.1.2012\ns 54\n\n\ns 54(4)—(6)\namended in pursuance of the Acts Republication Act 1967\n1.6.2000\n\nsubstituted by 51/2017 s 253\n4.10.2018\ns 54(7)\namended in pursuance of the Acts Republication Act 1967\n1.6.2000\n\ndeleted by 51/2017 s 253\n4.10.2018\ns 55\ndeleted by 34/1996 s 4 (Sch cl 35)\n3.2.1997\ns 57\n\n\ns 57(2)\namended by 34/1996 s 4 (Sch cl 35)\n3.2.1997\ns 57(4)\ndeleted by 8/2015 s 258\n1.7.2015\nss 58 and 59\nomitted under Legislation Revision and Publication Act 2002\n4.9.2006\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n259—Transitional provisions\n\t(1)\tIn this section—\nprincipal Act means the Supported Residential Facilities Act 1992.\n\t(2)\tA member of the Supported Residential Facilities Advisory Committee ceases to hold office on the commencement of this subsection.\n\t(3)\tA member of the panel established under section 19 of the principal Act as in force immediately before the commencement of section 255 of this Act ceases to hold office on the commencement of this subsection.\nStatutes Amendment (SACAT No 2) Act 2017, Pt 46\n254—Transitional provisions\n\t(1)\tA right of appeal under section 32, 44 or 54 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.\n\t(2)\tA right to apply to the District Court under section 31(6)(i) of the principal Act for resolution of a dispute with respect to a matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the District Court, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(3)\tAn order or direction of the District Court under section 31(6)(i) of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or order of the Tribunal.\n\t(4)\tNothing in this section affects any proceedings before the District Court commenced before the relevant day.\n\t(5)\tIn this section—\nDistrict Court means the Administrative and Disciplinary Division of the District Court;\nprincipal Act means the Supported Residential Facilities Act 1992;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\nReprint No 1—3.2.1997\n\nReprint No 2—1.6.2000\n\nReprint No 3—6.7.2000\n\n4.9.2006\n\n1.6.2007\n\n1.7.2008\n\n1.2.2010\n\n1.1.2012\n\n1.7.2015\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s current scope and administrative architecture have been altered by later amendments reflected in the legislative history. Notable changes evident in the source include moving review and adjudicative functions to the South Australian Civil and Administrative Tribunal (see ss 19, 20 and transitional provisions in the legislative history under Statutes Amendment (SACAT No 2) Act 2017, Pt 46), insertions and deletions to administrative divisions (various entries in the legislative history), and changes to definitions (for example insertion of 'domestic partner' in the definitions). Those amendments have changed who adjudicates licensing matters, updated certain definitions and shifted some procedural details; the Act retains broad regulatory discretion and licensing-based scope but the institutional routes for review and certain administrative structures have been changed from earlier versions (see legislative history entries and transitional provisions)."},"complexity_factors":["Multiple decision-makers and delegation pathways (Minister, councils, licensing authorities, controlling authorities) with delegation and revocation powers (ss 8–10, 9(2)-(4))","Extensive subordinate rule-making left to regulations (s 57) that determine many operational details (staffing, forms, fees, standards)","Range of enforcement tools and sanctions (licence cancellation, default notices, continuing offences, divisional penalties and expiation fees) (ss 31, 54, 53; Appendix)","Broad inspection and investigatory powers for authorised officers including warrants and urgent-entry exceptions (s 22)","Interplay between administrative remedies and Tribunal review, with specified time limits for review (ss 19–20, 32, 43–45)","Financial recovery and indemnity mechanisms involving administrators and the Indemnity Fund with prescribed funding streams and recovery powers (ss 31(6), 56)","Multiple exemptions and discretion to grant/revoke them at Minister or licensing-authority level (s 4(3)-(8), s 57(5))","Cross-references to other Acts and historical amendments reflected in legislative history (affecting definitions and dispute routes)"],"plain_english_summary":"What this law does, mechanically\n\n- Requires premises providing residential accommodation together with ongoing personal care services to be licensed (see s 23). Licensing is done by local councils in whose area a facility sits, except where the Minister is the licensing authority (s 10). Applicants must apply in a Minister-prescribed form and pay prescribed fees (s 24(1)-(2)).\n- Sets out the formal objects of the Act: to establish standards for personal care services, protect resident rights, ensure information is available about care and costs, regulate service-provider responsibilities and ensure accountability (s 6).\n- Imposes specific documentation and care-planning duties on proprietors: publish and lodge a prospectus (s 37); enter a written resident contract with prescribed pre-contract information and a short rescission window (s 38); prepare and review an individual service plan for each resident receiving personal care services (s 40).\n- Gives authorised officers inspection and investigation powers (including power to require documents, question people and, with a warrant or in urgent cases, force entry) to check compliance (s 22). Refusal, obstruction or abusive conduct toward an authorised officer attracts criminal penalties (s 22(6)).\n- Enables licensing authorities to impose licence conditions, refuse, transfer, renew, suspend or cancel licences for specified grounds (including failure to meet the statutory principles, insolvency, negligent conduct or unsuitability of premises) and to appoint an administrator to manage a facility where necessary (ss 25, 26, 29, 30, 31). An administrator’s costs may be recovered from the proprietor (s 31(6)(d)).\n- Provides dispute-resolution and review routes: licensing authorities may hear resident–proprietor disputes and make orders (s 43); decisions of licensing authorities may be reviewed by the Tribunal (see ss 19, 20 and 32). The Tribunal must supply reasons on request (s 20).\n- Creates an indemnity fund (the Supported Residential Facilities Indemnity Fund) administered by a Fund Manager, funded in part by prescribed percentages of licensing fees, expiation fees and fines plus other sources, to meet certain administrator costs and claims arising from proprietor defaults (s 56).\n- Confers a wide power on the Minister to make regulations covering standards, staffing, forms, fees, exemptions and penalties (s 57). The Minister and licensing authorities may grant exemptions from the Act or regulations in specified ways (s 4(3), s 57(5)).\n\nWho is affected\n\n- Proprietors (owners/operators) of supported residential facilities: must be licensed, meet standards, keep and display documentation, comply with licence conditions, and pay fees; they face criminal and civil penalties for breaches (ss 23, 24, 29, 36, 37–40, various penalties noted in the Act).\n- Residents and prospective residents: gain statutory information rights (prospectus, pre-contract material), a written resident contract, a right to rescind in a short window, service plans and dispute remedies (ss 37–40, 43–45).\n- Licensing authorities (local councils or the Minister): decide on grants/renewals/transfers/cancellations of licences, can delegate many powers, and must enforce the Act in their areas (ss 8–10, 24–31).\n- Authorised officers, administrators and the Fund Manager: empowered or created by the Act to inspect, manage, and administer funds when proprietors fail to meet obligations (ss 21–22, 31(6), 56).\n- Health service providers and social workers: explicitly permitted to visit residents at reasonable times (s 47).\n\nWhy it matters (stated purpose and practical trade-offs)\n\n- The Act’s stated purpose is to set standards and protect residents while ensuring accountability and transparency in facilities (s 6). That purpose is implemented by creating a licensing regime, documentation rules and inspection/enforcement powers (ss 23; 37–40; 21–22; 29).\n\nCosts, incentives and trade-offs (source‑grounded)\n\n- Direct compliance costs fall on proprietors: application and renewal fees, prescribed forms and records, display requirements, staff qualifications and premises standards as may be set by regulation (ss 24, 27, 36, 57(b),(d),(h)). Non‑compliance carries fines or, for serious matters, licence cancellation (ss 29(5); 31(1)).\n- Licensing and condition-setting give licensing authorities discretion to shape operations (ss 25, 29). That discretion allows tailoring to local circumstances but creates regulatory uncertainty for proprietors who must satisfy licensing criteria (s 25).\n- The Act creates a backstop for resident protection where a proprietor fails: licensing authorities can appoint an administrator with full management powers and recover associated costs from the proprietor; where recovery fails, the Indemnity Fund can meet certain claims (ss 31(4) and 31(6)(d); s 56(6)(b),(e)). Funding of the Indemnity Fund is partly tied to percentages of licensing fees, expiation fees and fines, shifting some cost burden into the licensing/expiation system (s 56(4)).\n- The Minister and licensing authorities may grant exemptions (s 4(3); s 57(5)). Those powers reduce administrative rigidity but concentrate decision-making power in executive or local government hands.\n\nCompliance burden and implementation risks\n\n- Many operational details are left to regulation (s 57), so the Act’s practical requirements depend on subordinate rules (forms, staffing, standards). That means operators must track regulations and possible licensing authority exemptions (s 57(3), s 57(5)).\n- Inspectors have broad powers of entry and document seizure; warrants are required for forced entry unless immediate action is needed (s 22(1)(a)-(b), (2)). Failure to co-operate is criminalised (s 22(6)).\n- Licensing authorities may impose interim measures and appoint administrators pending cancellation. Those powers can be used to protect residents quickly but impose costs on proprietors and may trigger recovery actions (s 31(3)-(6)).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: proprietors pay licence fees, prescribed fees, and may be liable to pay administrators’ remuneration and other costs; the Fund Manager may recover amounts paid from proprietors where defaults occur (ss 24, 27, 31(6)(d), 56(4), 56(8)). Residents do not bear these statutory costs directly under the text.\n- Who decides: the Minister and local councils are the main decision-makers as to licensing, regulation, delegation and exemptions (ss 8–10, 4, 57). Licensing authorities may delegate to authorised officers or controlling authorities (s 9(2)). The Tribunal reviews licensing decisions and orders (ss 19, 20, 32).\n- Behaviour changes expected: proprietors must apply for licences, maintain records and service plans, meet facility and staffing standards where prescribed, and cooperate with inspections; licensing authorities and authorised officers will carry out monitoring and enforcement; the Act provides residents with formal documentation and dispute mechanisms, encouraging transparency and recourse (ss 23–25, 37–40, 21–22, 43).\n\nImplementation details worth noting (source references)\n\n- Exemptions: the Minister may exempt classes of persons or facilities and may specifically exempt Commonwealth-subsidised nursing homes where satisfied about Commonwealth monitoring, subject to conditions and revocation (s 4(3)–(8)).\n- Appeals and review: numerous decisions and notices under the Part are reviewable by the Tribunal within set time limits (see ss 32, 43–45 and the Tribunal provisions at ss 19–20).\n- Enforcement tools: default notices, continuing offence provisions and divisional penalties/expiation fees are used to secure compliance (ss 54, 53; Appendix lists divisional penalty levels).\n\nNet effect, mechanically\n\nThe Act creates a licensing and regulatory framework that requires proprietors of supported residential facilities to meet prescribed standards, provide specific documentation and care plans, submit to inspections and enforcement, and gives residents statutory rights and remedies. Administrative discretion and a regulatory rule‑making power are substantial, and financial liability for enforcement and remedial actions principally rests with proprietors, with a backstop indemnity fund funded in part from licensing-related income (ss 23–40, 21–22, 31, 56, 57)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1992 framework. The original Act established a basic licensing scheme with District Court appeals and an Advisory Committee. Over time, it has absorbed: (1) the 1996 Common Expiation Scheme introducing infringement notices; (2) the 2017 transfer of all review functions from the District Court to SACAT (South Australian Civil and Administrative Tribunal), including the creation of specialist assessor panels; (3) the 2015 abolition of the Supported Residential Facilities Advisory Committee; and (4) expanded definitions of 'domestic partner' and 'spouse' reflecting changing social relationships. The indemnity fund provisions (section 56) and detailed administrator appointment powers also represent significant expansion of the original regulatory toolkit."},"complexity_factors":["Multiple overlapping administrative bodies (Minister, councils, licensing authorities, Tribunal, authorised officers) with delegated powers and sub-delegation provisions","Extensive defined terms section (section 3) with complex nested definitions, particularly 'personal care services' which includes multiple sub-paragraphs and explicit exclusions","Conditional licensing scheme with multiple grounds for refusal, renewal, transfer, cancellation, and administrator appointment (section 31 includes 10 separate grounds for cancellation)","Cross-references to external legislation including the South Australian Civil and Administrative Tribunal Act 2013, Local Government Act 1934, Family Relationships Act 1975, and Health Care Act 2008","Tiered penalty structure using 'divisional penalties' defined in an Appendix rather than specific dollar amounts in the operative provisions","Multiple exemption mechanisms (section 4(2)-(9), section 57(5)-(8)) with conditions and revocation powers","Transitional provisions and legislative history showing significant amendments over 25+ years, including abolition of the Advisory Committee and transfer of review functions from District Court to SACAT in 2017","Nested exceptions in the definition of 'supported residential facility' excluding family members and various institutional settings"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's **Supported Residential Facilities Act 1992**. It sets up a licensing and regulatory scheme for facilities that provide both accommodation *and* personal care services (like help with bathing, eating, or medication) to vulnerable people—typically the elderly or those with disabilities. Think of it as the rulebook for places that are a step up from boarding houses but not quite nursing homes.\n\n**Who it affects:**\n\n- **Proprietors (owners)** of supported residential facilities—they must get a licence, follow strict rules, and face penalties if they don't.\n- **Residents**—the law gives them specific rights, including contracts, service plans, and ways to complain or dispute decisions.\n- **Local councils**—they act as licensing authorities in their areas, inspecting facilities and issuing licences.\n- **The Minister**—oversees the whole system, handles facilities outside council areas, and can step in if councils fail to act.\n\n**Key things the law covers:**\n\n- **Licensing:** No one can run a supported residential facility without a licence. Licences last up to two years and can be cancelled for misconduct, poor care, or unsuitable premises.\n- **Residents' rights:** Facilities must provide clear information (prospectuses), written contracts with cooling-off periods, and individual service plans for each resident. Residents can challenge decisions through a disputes process.\n- **Inspections:** Authorised officers can enter and inspect facilities, demand documents, and issue \"default notices\" requiring problems to be fixed.\n- **Indemnity fund:** A special fund exists to protect residents if a proprietor goes bust or abandons the facility—an administrator can be appointed to take over.\n- **Tribunal reviews:** Decisions by licensing authorities can be reviewed by the South Australian Civil and Administrative Tribunal (SACAT).\n\n**Why it matters:**\n\nThis law protects vulnerable people who need help with daily living but don't need full hospital care. It ensures they get dignified treatment, clear information about what they're paying for, and a way to complain if things go wrong. It also stops dodgy operators from running substandard facilities.\n\n**Important exclusions:** The law doesn't apply to nursing homes, hospitals, foster care, or small operations caring for just two people."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be meaningfully completed as the legislative text was not accessible. No comparison between original intent and current provisions is possible from the data provided."},"complexity_factors":["Actual legislative text was not retrievable — a 'Page Not Found' error was returned instead of the Act's content","No provisions, definitions, schedules, or amendments were available for analysis","Complexity score is a provisional estimate based on the known general nature of residential facility licensing legislation, which typically involves moderate regulatory complexity","Without the full text, cross-references to other Acts (e.g. relevant health or community services legislation) cannot be assessed","Amendments made since 1992 are unknown and could significantly increase complexity"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the *Supported Residential Facilities Act 1992* (South Australia) could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website restructure that occurred around **24 March 2026**.\n\n**What we do know about this Act generally:**\nThe *Supported Residential Facilities Act 1992* is South Australian legislation that regulates **supported residential facilities** — these are privately operated accommodation services (not hospitals or aged care homes) that house people who need support due to age, disability, mental illness, or other vulnerabilities. The Act typically covers:\n- **Licensing requirements** for operators of these facilities\n- **Standards of care** residents must receive\n- **Rights of residents** living in these facilities\n- **Inspection and enforcement** powers for government oversight\n\n**Who it affects:** Operators of supported residential facilities, their staff, and — most importantly — **vulnerable residents** who live in these homes and rely on them for daily support.\n\n**Why it matters:** Without proper regulation, vulnerable people in these settings can face neglect, exploitation, or unsafe living conditions. This Act is a key consumer protection mechanism for some of South Australia's most at-risk residents.\n\n> ⚠️ *A full legal analysis cannot be completed without access to the actual legislative text. Please access the Act directly at [legislation.sa.gov.au](https://www.legislation.sa.gov.au) or contact OPCWeb@sa.gov.au to report the broken link.*"}},"importantCases":[],"_links":{"self":"/api/acts/supported-residential-facilities-act-1992","history":"/api/acts/supported-residential-facilities-act-1992/history","analysis":"/api/acts/supported-residential-facilities-act-1992/analysis","conflicts":"/api/acts/supported-residential-facilities-act-1992/conflicts","importantCases":"/api/acts/supported-residential-facilities-act-1992/important-cases","documents":"/api/acts/supported-residential-facilities-act-1992/documents"}}