Ageing and Adult Safeguarding Act 1995 (South Australia)

The Ageing and Adult Safeguarding Act 1995 establishes an Office for Ageing Well and a separate Adult Safeguarding Unit within the South Australian public service, creates a statutory framework for receiving, assessing and, where appropriate, investigating reports of suspected abuse of vulnerable adults, and confers powers on a Director and authorised officers to gather information, refer matters to other agencies, and apply for court orders to protect vulnerable adults (see Pt 2, Pt 3, Pt 4). The Act defines the scope of vulnerability and abuse (ss 3-5, 4), sets out guiding principles for operation of the safeguarding regime (s 12), requires the Minister to prepare a Charter of the Rights and Freedoms of Vulnerable Adults and allows the Minister to publish codes of practice (ss 20-21), and creates statutory duties and procedural safeguards for assessment, consent and review (ss 23-26, 24, 31-41).

Mechanically, the Act does the following things within the statutory text:

Continues or substitutes the Office for the Ageing as the Office for Ageing Well, requires an appointed Director and staff, and imposes annual reporting obligations (ss 7, 9, 11, 17).
Requires the Chief Executive to establish a separate Adult Safeguarding Unit, details its composition and functions, and allows delegation of powers (ss 13-16).
Defines who counts as a vulnerable adult and what constitutes abuse for the purposes of the Act (ss 3-4).
Provides for voluntary reporting of suspected abuse to the Adult Safeguarding Unit, sets the Director’s assessment obligations, and prescribes possible actions after assessment including investigation, referral to other State authorities and court applications (ss 22-26, 31).
Gives authorised officers specified investigative powers including entry, inspection, examination and removal of records, subject to warrant and emergency exceptions (s 19), and gives authorised officers power to require information (s 42).

South Australia Ageing and Adult Safeguarding Act 1995 An Act to establish the Office for Ageing Well, to safeguard the rights of ageing persons and other vulnerable adults, to provide for the establishment of the Adult Safeguarding Unit, to prevent abuse of ageing people and other vulnerable adults, and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Interpretation 3 Meaning of vulnerable adult 4 Meaning of abuse 5 Decision‑making capacity 6 Interaction with Independent Commission Against Corruption Act 2012 Part 2—Office for Ageing Well 7 Office for Ageing Well 8 Objectives of Office for Ageing Well 9 Functions of Office for Ageing Well 10 Delegation 11 Annual report Part 3—Adult Safeguarding Unit Division 1—Principles 12 Principles Division 2—Adult Safeguarding Unit 13 Separate Adult Safeguarding Unit to be established 14 Composition of Adult Safeguarding Unit 15 Functions of Adult Safeguarding Unit 16 Delegation 17 Annual report Division 3—Authorised officers 18 Authorised officers 19 Powers of authorised officers Part 4—Safeguarding vulnerable adults Division 1—Charter of the Rights and Freedoms of Vulnerable Adults 20 Charter of the Rights and Freedoms of Vulnerable Adults Division 2—Code of practice 21 Minister may publish codes of practice Division 3—Reporting suspected risk of abuse of vulnerable adults 22 Reporting suspected risk of abuse of vulnerable adults Division 4—Assessment and investigation of reports 23 Assessment 24 Consent of vulnerable adult should be obtained before certain action taken 25 Director may refer matter 26 Director may cause circumstances of vulnerable adult to be investigated Division 5—Further referral of matters 27 Director may report certain matters to appropriate professional body 28 Director may make complaints to Ombudsman 29 Director may make complaints to Health and Community Services Complaints Commissioner 30 Referral of matters to inquiry agencies etc not affected Division 6—Court orders 31 Director may apply for Court orders 32 Parties to proceedings 33 Orders that may be made 34 Court not bound by rules of evidence 35 Views of vulnerable adult to be heard 36 Right of other interested persons to be heard 37 Contravention of Court order Part 5—Reviews of certain decisions Division 1—Internal review 38 Internal review 39 Delegation Division 2—External review by Ombudsman 40 External review by Ombudsman 41 Views of vulnerable adult to be heard Part 6—Information gathering 42 Authorised officer may require information 43 Sharing of information between certain persons and bodies 44 No obligation to maintain secrecy 45 Interaction with Public Sector (Data Sharing) Act 2016 Part 7—Miscellaneous 46 Obstruction of person reporting suspected abuse of vulnerable adults 47 Obstruction of Director etc 48 False or misleading statements 49 Confidentiality 50 Victimisation 51 Protections, privileges and immunities 52 Service 53 Review of Act 54 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Ageing and Adult Safeguarding Act 1995. 2—Interpretation (1) In this Act, unless the contrary intention appears— abuse, in relation to a vulnerable adult—see section 4; Adult Safeguarding Unit means the Adult Safeguarding Unit established in accordance with section 13; authorised officer means an authorised officer under section 18; Charter of the Rights and Freedoms of Vulnerable Adults or Charter means the Charter of the Rights and Freedoms of Vulnerable Adults prepared by the Minister under Part 4 Division 1, as in force from time to time; Chief Executive means the person for the time being holding or acting in the office of Chief Executive of the Department; code of practice means a code of practice published under Part 4 Division 2, as in force from time to time; Court means the Magistrates Court of South Australia; Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; Director means the person for the time being holding or acting in the office of Director of the Office for Ageing Well; impaired decision‑making capacity—see section 5; member of the Adult Safeguarding Unit—see subsection (2); State authority means— (a) a person who holds an office established by an Act; or (b) a public sector agency; or (c) South Australia Police; or (d) a local council constituted under the Local Government Act 1999; or (e) an incorporated or unincorporated body— (i) established for a public purpose by an Act; or (ii) established for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, cooperatives, societies or other voluntary organisations); or (iii) established, or subject to control or direction, by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a local council (whether or not established by or under an Act or an enactment); or (f) any other person or body declared by the regulations to be a State authority, but does not include a person or body declared by the regulations not to be a State authority for the purposes of this Act; vulnerable adult—see section 3. (2) For the purposes of this Act, a reference to a member of the Adult Safeguarding Unit will be taken to be a reference to a person assigned or appointed to the Adult Safeguarding Unit and includes a reference to the Director. (3) For the purposes of this Act, a reference to a report under this Act will be taken to be a reference to a report made in accordance with section 22, but does not include a report taken not to be a report under this Act pursuant to section 22(3). 3—Meaning of vulnerable adult For the purposes of this Act, a reference to a vulnerable adult will be taken to be a reference to an adult person who, by reason of age, ill health, disability, social isolation, dependence on others or other disadvantage, is vulnerable to abuse. 4—Meaning of abuse (1) For the purposes of this Act, a reference to abuse of a vulnerable adult means— (a) physical, sexual, emotional or psychological abuse of the vulnerable adult; and (b) financial abuse or exploitation of the vulnerable adult; and (c) neglect of the vulnerable adult; and (d) abuse, exploitation or neglect consisting of a person's omission to act in circumstances where the person owes a duty of care to the vulnerable adult; and (e) the abuse or exploitation of a position of trust or authority existing between the vulnerable adult and another person; and (f) a denial, without reasonable excuse, of the basic rights of the vulnerable adult; and (g) any other act or omission of a kind declared by the regulations to be included in the ambit of this section, but does not include an act or omission of a kind declared by the regulations to be excluded from the ambit of this section. (2) For the purposes of this section, a reference to the basic rights of a vulnerable adult will be taken to be a reference to the rights of vulnerable adults as set out from time to time in the Charter. (3) For the purposes of this section, a reference to the physical abuse of a vulnerable adult will be taken to include a reference to the unlawful physical or chemical restraint of a vulnerable adult. (4) For the purposes of this section, a reference to the physical or chemical restraint of a vulnerable adult will be taken to include a reference to the over‑medication or under‑medication of the vulnerable adult. 5—Decision‑making capacity (1) For the purposes of this Act, a person will be taken to have decision‑making capacity in respect of a particular decision unless the person has impaired decision‑making capacity in respect of the decision. (2) For the purposes of this Act, a person will be taken to have impaired decision‑making capacity in respect of a particular decision if— (a) the person is not capable of— (i) understanding any information that may be relevant to the decision (including information relating to the consequences of making a particular decision); or (ii) retaining such information; or (iii) using such information in the course of making the decision; or (iv) communicating his or her decision in any manner; or (b) if the person has given an advance care directive in which the person sets out when they are to be considered to have impaired decision‑making capacity (however described) in respect of a decision of the relevant kind—if the person has impaired decision‑making capacity as so set out. (3) For the purposes of this Act— (a) a person will not be taken to be incapable of understanding information merely because the person is not able to understand matters of a technical or trivial nature; and (b) a person will not be taken to be incapable of retaining information merely because the person can only retain the information for a limited time; and (c) a person may fluctuate between having impaired decision‑making capacity and full decision‑making capacity; and (d) a person's decision‑making capacity will not be taken to be impaired merely because a decision made by the person results, or may result, in an adverse outcome for the person. 6—Interaction with Independent Commission Against Corruption Act 2012 Nothing in this Act limits the operation of the Independent Commission Against Corruption Act 2012. Part 2—Office for Ageing Well 7—Office for Ageing Well (1) The Office for the Ageing established under this Act continues as the Office for Ageing Well. (2) The Office for Ageing Well consists of— (a) the Director of the Office for Ageing Well (who is to be a Public Service employee); and (b) such other Public Service employees as may be assigned or appointed to assist the Director. (3) A person cannot be appointed as Director, nor can the employment of the Director be terminated, except with the approval of the Minister. 8—Objectives of Office for Ageing Well The objectives of the Office for Ageing Well include— (a) supporting South Australians of all ages to age well, unencumbered by stigma and discrimination; and (b) achieving proper integration of ageing persons within the community thus ensuring that the skills and experience of the ageing are not lost to the community through social alienation; and (c) creating social structures in which ageing persons are able to realise their full potential as individuals and as members of the community; and (d) creating a social ethos in which ageing persons are accorded the dignity, appreciation and respect that properly belong to them; and (e) ensuring that the multicultural nature of the community is reflected in the planning and implementation of programs and services relevant to ageing persons; and (f) achieving a proper understanding within the community of the problems affecting ageing persons and other vulnerable adults and ameliorating those problems so far as it is practicable to do so by modification of social structures and attitudes. 9—Functions of Office for Ageing Well The functions of the Office for Ageing Well are— (a) to assist in the development and coordination of State Government policies and strategies affecting the ageing and for that purpose to consult with the ageing, providers of services to the ageing and organisations for the benefit of or representing the interests of the ageing and other relevant persons; (b) to advise on the development and implementation of programs and services for the ageing and to actively foster and seek the involvement of the ageing, wherever practicable, in the development and implementation of programs or services that are intended for their benefit or that will have a special effect on them; (c) to monitor the effect on the ageing of— (i) practices of the Government of the State, as well as the Commonwealth and local government; and (ii) Commonwealth and State law (including local government by‑laws), and to make appropriate representations in the interests of the ageing; (d) to ensure as far as practicable that the interests of the ageing are considered when programs or services that may affect them are being developed or implemented; (e) to undertake or commission research into matters affecting the ageing; (f) to compile data relating to the ageing; (g) to disseminate information for the assistance of the ageing; (h) to ensure as far as practicable that financial and investment advice is available to the ageing; (i) to keep social attitudes towards the ageing under review and to promote a better understanding of the ageing within the community; (j) to assess the incidence of discrimination against the ageing in employment and to promote action to overcome such discrimination; (k) to keep under review the special needs of individual groups of the ageing (including Aboriginal peoples, those who suffer from physical or mental disabilities and those who are economically disadvantaged), and to promote various methods by which those needs may be satisfied; (l) to consult and cooperate with other bodies and persons that assist the ageing; (m) to plan, coordinate or administer, or assist in the planning, coordination or administration of, programs and services that may assist the ageing; (n) to consult with the ageing in relation to the means of promoting their interests and, as the Director considers appropriate, to represent the views of the ageing to the Minister; (o) to report to the Minister on any matter relating to the ageing referred by the Minister; (p) to support the Adult Safeguarding Unit in exercising their functions and powers under this Act; (q) to carry out such other functions as may be assigned to the Office by the Minister or under this or any other Act. 10—Delegation (1) The Director may delegate a function or power under this Part (other than a prescribed function or power) to any person or body that is, in the Director's opinion, competent to perform or exercise the relevant function or power. (2) A delegation under this section— (a) must be in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) does not prevent the delegator from acting in any matter. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 11—Annual report (1) The Director must, on or before 31 October in each year, report to the Minister on the operations of the Office for Ageing Well during the preceding financial year. (2) The Minister must, within 6 sitting days after receiving a report from the Director, have copies of the report laid before both Houses of Parliament. Part 3—Adult Safeguarding Unit Division 1—Principles 12—Principles The following principles apply in relation to the operation of this Act to the extent that it relates to vulnerable adults: (a) all vulnerable adults are entitled to be treated with respect for their dignity, autonomy and right to self‑determination; (b) it is presumed that a vulnerable adult has decision‑making capacity, unless there is evidence to the contrary; (c) except in those cases involving serious and imminent harm, the primary consideration in the operation of this Act is to ensure that a vulnerable adult's autonomy is respected and maintained rather than safeguarding the person from abuse; (d) vulnerable adults must be allowed to make their own decisions about their health care, residential and accommodation arrangements, financial affairs and other personal affairs to the extent that they are able, and be supported to enable them to make such decisions for as long as they can; (e) dignity in risk must be observed through acknowledging the right of all vulnerable adults to take informed risks and to make decisions that others (no matter their experience or background) may regard as wrong, reckless or inappropriate; (f) a vulnerable adult with decision‑making capacity who is experiencing abuse has the right to decline support, assistance or other measures designed to safeguard them from abuse; (g) vulnerable adults must be involved in, and their wishes must directly inform, decisions made or actions taken to support and safeguard them; (h) the best approach to safeguarding vulnerable adults from abuse is through coordinating a multi‑agency and multi‑disciplinary response, drawing on the expertise of relevant persons and bodies in order to effectively support and empower vulnerable adults to safeguard their rights and mitigate against abuse; (i) subject to the laws of the State and Commonwealth, the will, preferences (including sexual preferences and sexual orientation), cultural and heritage beliefs, religious beliefs, racial origin, ethnicity, background and other beliefs or rights of a vulnerable adult must always be respected; (j) safeguarding measures should consist of those which are the least interventionist and the least intrusive to the vulnerable adult, thus ensuring that any consequential erosion of that person's rights is kept to a minimum; (k) safeguarding vulnerable adults from abuse is ultimately achieved through preventing abuse in the first place, and therefore awareness raising and community education programs must be a priority in the administration and operation of this Part. Division 2—Adult Safeguarding Unit 13—Separate Adult Safeguarding Unit to be established (1) The Chief Executive must ensure that a separate unit (the Adult Safeguarding Unit) is established within the Department to carry out functions under this Act. (2) To avoid doubt, the Adult Safeguarding Unit may be established within the Office for Ageing Well. (3) Where this or any other Act confers a power on the Adult Safeguarding Unit or requires that the Adult Safeguarding Unit perform any function (including requiring that the Adult Safeguarding Unit make a determination, or form an opinion, as to any matter)— (a) the power or function may only be exercised or performed by a person who is authorised to do so on behalf of the Adult Safeguarding Unit by the Director; and (b) the exercise of that power or the performance of that function by a person so authorised will be taken to be the exercise of that power or the performance of that function by the Adult Safeguarding Unit. 14—Composition of Adult Safeguarding Unit The Adult Safeguarding Unit is to consist of— (a) the Director of the Office for Ageing Well; and (b) other Public Service employees assigned or appointed to assist the Director. 15—Functions of Adult Safeguarding Unit (1) The functions of the Adult Safeguarding Unit are— (a) promoting and advocating for the rights and interests of vulnerable adults in South Australia; and (b) promoting participation by vulnerable adults in the making of decisions that affect their lives; and (c) promoting and assisting in the development of coordinated strategies for prevention and early intervention of abuse of vulnerable adults; and (d) to receive reports relating to the suspected abuse of vulnerable adults; and (e) to assess reports relating to the suspected abuse of vulnerable adults; and (f) to investigate reports relating to the suspected abuse of vulnerable adults; and (g) to coordinate responses to reports relating to the suspected abuse of a vulnerable adult with State authorities and other persons and bodies; and (h) to refer reports relating to the suspected abuse of a vulnerable adult to appropriate persons and bodies; and (i) to follow up on reports that have been assessed or investigated where it is appropriate to do so; and (j) to collate data on matters relating to the abuse of vulnerable adults; and (k) to advise Ministers, State authorities and other bodies (including non‑Government bodies) on matters relating to the abuse of vulnerable adults at a systemic level; and (l) to prepare and publish reports on matters relating to the abuse of vulnerable adults at a systemic level; and (m) to prepare and publish reports on issues relating to vulnerable adults that are of public importance; and (n) to perform such other functions as may be assigned to the Adult Safeguarding Unit by the Minister or under this or any other Act. (2) The Adult Safeguarding Unit must, in carrying out its functions, have regard to, and seek to give effect to, the Charter of the Rights and Freedoms of Vulnerable Adults. 16—Delegation (1) The Director may delegate a function or power of the Adult Safeguarding Unit under this Act (other than a prescribed function or power) to any person or body that is, in the Director's opinion, competent to perform or exercise the relevant function or power. (2) A delegation under this section— (a) must be in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) does not prevent the delegator from acting in any matter. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 17—Annual report (1) The Director must, on or before 31 October in each year, report to the Minister on the operations of the Adult Safeguarding Unit during the preceding financial year. (2) The Minister must, within 6 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. (3) A report under this section may be combined with the annual report of the Office for Ageing Well under section 11. Division 3—Authorised officers 18—Authorised officers (1) The following persons are authorised officers for the purposes of this Act: (a) the Director; (b) a member of the Adult Safeguarding Unit who is authorised by the Director by instrument in writing for the purposes of this paragraph. (2) An authorisation under subsection (1)(b) may be made subject to conditions or limitations specified in the instrument of authorisation. (3) An officer authorised under subsection (1)(b) must be issued with an identity card— (a) containing the person's name and a photograph of the person; and (b) stating that the person is an authorised officer under this Act; and (c) if the powers of the authorised officer have been limited by conditions—stating those limitations. (4) An authorised officer must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for inspection their identity card or other evidence of their authority. (5) The Director may, by notice in writing to an authorised officer, vary or revoke the authorisation of the officer, or a condition or limitation of the authorisation, on any grounds the Director thinks fit. 19—Powers of authorised officers (1) Without limiting any other powers conferred under this Act, an authorised officer may, in the course of an investigation under section 26 relating to a vulnerable adult who is, or is suspected of being, at risk of serious abuse, exercise 1 or more of the following powers: (a) enter and remain on any premises, place, vehicle or vessel (and for that purpose require a vehicle or vessel to stop); (b) inspect any premises, place, vehicle or vessel; (c) use reasonable force to break into or open any part of, or anything in or on, any premises, place, vehicle or vessel; (d) require any person (whether on particular premises or otherwise) who has possession of books of account or any other records relevant to a vulnerable adult to produce those books of account or records for inspection; (e) examine, copy or take extracts from such books of account or records; (f) remove and retain such books of account or records for so long as is reasonably necessary for the purpose of making a copy of the book of account or record; (g) take photographs, films, audio, video or other recordings; (h) require any person who is in a position to provide information relating to a vulnerable adult to answer any question put by the authorised officer on that subject; (i) require any such person to state their full name, address and date of birth; (j) give such directions as may be reasonably required in connection with the exercise of a power conferred by a preceding paragraph or otherwise for a purpose related to the administration, operation or enforcement of this Act. (2) However, an authorised officer may only use force to enter any premises, place, vehicle or vessel, or to break into or open any part of, or anything in or on, any premises, place, vehicle or vessel— (a) on the authority of a warrant issued by a magistrate; or (b) if— (i) entry to the premises, place, vehicle or vessel has been refused or cannot be gained; and (ii) the authorised officer believes on reasonable grounds that the delay that would ensue as a result of applying for a warrant would significantly increase the risk of harm, or further harm, being caused to a vulnerable adult; and (iii) the Director has approved the use of force to enter the premises, place, vehicle or vessel. (3) A magistrate must not issue a warrant under this section unless satisfied on information given on oath, personally or by affidavit, that there are reasonable grounds for the issue of a warrant. (4) An application for the issue of a warrant under this section— (a) may be made either personally or by telephone; and (b) must be made in accordance with the rules of the Court. (5) A magistrate by whom a warrant is issued under this section must file the warrant, or a copy of it, and any supporting affidavit in the Court. (6) An authorised officer may, in exercising powers under this Act, be accompanied by such assistants as are reasonably required in the circumstances. (7) A person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction under this section. Maximum penalty: Imprisonment for 1 year. (8) To avoid doubt, this section does not limit any other powers conferred by any other provision of this Act, or any other Act. Part 4—Safeguarding vulnerable adults Division 1—Charter of the Rights and Freedoms of Vulnerable Adults 20—Charter of the Rights and Freedoms of Vulnerable Adults (1) There is to be a Charter of the Rights and Freedoms of Vulnerable Adults. (2) The Charter is to be prepared by the Minister with the support of the Office for Ageing Well. (3) The Minister and Office for Ageing Well must, in preparing the Charter— (a) consult with the persons and bodies prescribed by the regulations for the purposes of this paragraph (and may consult with any other person or body that the Minister or Office for Ageing Well thinks appropriate); and (b) engage vulnerable adults, and their carers and families; and (c) ensure an appropriate focus on the needs of priority population groups. (4) The regulations may make further provisions with regard to the Charter including, without limiting the generality of this subsection, provisions relating to— (a) the form of the Charter and any variation of the Charter; and (b) the kinds of information to be included in the Charter; and (c) consultation requirements relating to the Charter; and (d) requirements as to the ongoing review of the Charter. (5) The Minister must cause the Charter, as varied from time to time, to be published— (a) in the Gazette; and (b) on a website determined by the Minister. (6) A prescribed State authority must, in carrying out functions or exercising powers under this Act, have regard to, and seek to give effect to, the Charter. (7) The Charter does not create legally enforceable rights or entitlements. Division 2—Code of practice 21—Minister may publish codes of practice (1) The Minister may, by notice in the Gazette, publish codes of practice for the purposes of this Act. (2) The Minister may, by subsequent notice in the Gazette, vary, substitute or revoke a code of practice published under subsection (1). (3) The Minister must cause each code of practice published under subsection (1), as varied from time to time, to be published on a website determined by the Minister. (4) A code of practice published under subsection (1) must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified by the Minister. (5) A prescribed State authority must, in the administration, operation or enforcement of this Act, to the extent that it is reasonably practicable to do so, comply with any relevant code of practice published under subsection (1). Division 3—Reporting suspected risk of abuse of vulnerable adults 22—Reporting suspected risk of abuse of vulnerable adults (1) A person may, in accordance with this section, report to the Adult Safeguarding Unit a suspicion that a vulnerable adult is at risk of abuse. (2) A report under this section is to be made to the Adult Safeguarding Unit in accordance with any requirements determined by the Director. (3) However, a report will be taken not to be a report under this Act if— (a) the report relates only to alleged abuse or suspected abuse of a vulnerable adult that occurred before the commencement of this section; and (b) there is no ongoing risk of abuse in respect of the vulnerable adult to whom the report relates (whether because the vulnerable adult no longer resides in particular premises or for any other reason). (4) To avoid doubt— (a) nothing in this section requires a person to report a suspicion that a vulnerable adult has been abused, or may be at risk of abuse; and (b) nothing in this section prevents a person from reporting a suspicion that a vulnerable adult has been abused, or may be at risk of abuse, in any other manner or to any other person or body that the person thinks fit. Division 4—Assessment and investigation of reports 23—Assessment (1) The Director must cause each report under this Act to be assessed in accordance with any requirements set out in the regulations. (2) The Director may, in the course of an assessment under this section, make use of or rely on such systems of information gathering, collating or reporting as the Director thinks fit (whether or not the system is operated or provided by a State authority). (3) Without limiting any other action that may be taken by the Director or the Adult Safeguarding Unit, but subject to section 24, the Director must, on completion of an assessment under this section, cause at least 1 of the following actions to be taken: (a) an investigation into the matter must be carried out under section 26; (b) the matter must be referred to an appropriate State authority or other person or body under section 25; (c) if the Director is satisfied that— (i) the matter has previously been dealt with under this or any other Act and there is no reason to reexamine the matter; or (ii) the matter is trivial, vexatious or frivolous; or (iii) there is good reason why no action should be taken in respect of the matter, the Director may decline to take further action. (4) The Director must, in accordance with any requirements set out in the regulations— (a) cause a record of each action taken under this section, and the reasons for the action, to be kept in relation to each report under this Act; and (b) include statistical information relating to action taken under this section to be included in the annual report of the Adult Safeguarding Unit. (5) The regulations may make further provision in relation to an assessment under this section (including provisions relating to a system referred to in subsection (2) and the disclosure and confidentiality of information gathered, collated or provided under the system). (6) The Director may, for the purpose of an assessment under this section, by written notice, require a specified person or body to produce a written statement of information about a specified matter, or to answer specified questions, within a specified period and in a specified form, verified if the written notice so requires by statutory declaration. (7) A person must not refuse or fail to comply with a requirement of a notice under subsection (6). Maximum penalty: $10 000. 24—Consent of vulnerable adult should be obtained before certain action taken (1) Subject to this section, the Adult Safeguarding Unit should not take action in respect of a report under this Act unless the vulnerable adult to whom the report or notification relates consents to the action being taken. (2) Subsection (1) does not apply in relation to the assessment of a report under section 23. (3) The Adult Safeguarding Unit may take action of a specified kind in respect of a report under this Act without first obtaining the consent of the vulnerable adult if the taking of such action is authorised by an order of the Court under this Act. (4) The Adult Safeguarding Unit may take action in respect of a report under this Act without first obtaining the consent of the vulnerable adult if— (a) — (i) the vulnerable adult's life or physical safety is at immediate risk; or (ii) the risk of abuse to which the report relates consists of an allegation that a serious criminal offence has been, or is likely to be, committed against the vulnerable person; or (iii) the vulnerable adult has impaired decision‑making capacity in respect of a decision to consent to action of the relevant kind being taken; or (iv) the Adult Safeguarding Unit has not, after reasonable inquiries, been able to contact the vulnerable adult; or (v) in any other circumstances declared by the regulations to be included in the ambit of this paragraph; and (b) the Director approves the taking of the action. (5) The regulations may make further provision in relation to obtaining consent for the purposes of this section (including by allowing another person to consent on behalf of a vulnerable adult in specified circumstances). 25—Director may refer matter (1) If, following an assessment of a report under section 23, the Director determines that it is more appropriate that the matter, or a particular part of the matter, be dealt with by— (a) a State authority other than the Adult Safeguarding Unit; or (b) a specified person or body other than a State authority, the Director may refer the matter, or part of the matter, to that State authority or that person or body. (2) To avoid doubt— (a) a matter may be referred to more than 1 State authority, or person or body, or a combination of State authorities and persons or bodies; and (b) the Adult Safeguarding Unit may take action in relation to the matter even if it is referred to a State authority, or other person or body, under another Act. (3) Without limiting this section or any other Act or law, a matter that is referred under this section must be dealt with within a reasonable timeframe, having regard to the need to ensure that vulnerable adults are protected from abuse. (4) A person or body to whom a matter is referred under subsection (1)(b) must, as soon as is reasonably practicable after dealing with the matter, provide a report in relation to the matter to the Director. (5) The regulations may make further provision in relation to referrals under this section (including, to avoid doubt, by providing that a person or body may refuse a referral). 26—Director may cause circumstances of vulnerable adult to be investigated (1) Subject to this Act, the Director may cause an investigation into the circumstances of a vulnerable adult to be carried out— (a) if a report is made under section 22 and the Director suspects on reasonable grounds that the vulnerable adult may be at risk of abuse; or (b) in any other circumstances that the Director thinks appropriate. (2) An investigation under this section must be carried out by the Adult Safeguarding Unit in accordance with any requirements set out in the regulations. Division 5—Further referral of matters 27—Director may report certain matters to appropriate professional body (1) If, in the course of performing functions under this Act, the Director becomes aware of a matter that raises the possibility of professional misconduct or unprofessional conduct, the Director may report the matter to the relevant regulatory body for that profession. (2) The Director must comply with any reasonable request of the relevant regulatory body for further information in relation to the subject matter of a report under subsection (1). 28—Director may make complaints to Ombudsman (1) Despite a provision of the Ombudsman Act 1972, the Director may, on behalf of a vulnerable adult, or a class of vulnerable adults, make a complaint to the Ombudsman in respect of an administrative act and, for the purposes of the Ombudsman Act 1972, such a complaint will be taken to be a complaint made under that Act. (2) In this section— administrative act has the same meaning as in the Ombudsman Act 1972. 29—Director may make complaints to Health and Community Services Complaints Commissioner Despite a provision of the Health and Community Services Complaints Act 2004, the Director may make a complaint to the Health and Community Services Complaints Commissioner on behalf of a vulnerable adult, or a class of vulnerable adults, in respect of a ground referred to in section 25 of that Act (and such a complaint will be taken to be a complaint made under that Act). 30—Referral of matters to inquiry agencies etc not affected (1) Nothing in this Act prevents a matter from being referred to an appropriate person or body at any time (whether or not an investigation or other action is being or has been undertaken under this Act). (2) The referral of a matter does not prevent the Director or the Adult Safeguarding Unit from performing functions or exercising powers in respect of the matter (but in such a case the Director and Adult Safeguarding Unit must endeavour to avoid, as far as practicable, prejudice to any person affected by the referral). Division 6—Court orders 31—Director may apply for Court orders (1) The Director may apply for an order of the Court under this Division— (a) if the Director— (i) reasonably suspects that a vulnerable adult is at risk of abuse; and (ii) is of the opinion that the making of such orders is necessary or appropriate to— (A) protect the vulnerable adult from such abuse; or (B) to properly assess whether the vulnerable adult has been abused, or is at risk of being abused; or (C) to allow the exercise of powers or the performance of functions under this Act in respect of the vulnerable adult; or (b) in any other circumstances with the permission of the Court. (2) The regulations may make further provision in relation to an application under this section (including by limiting the circumstances in which an application, or application of a class, can be made). 32—Parties to proceedings (1) The following persons are parties to an application for an order under this Division, or for the variation, extension or revocation of such an order: (a) the Director; (b) the vulnerable adult to whom the application relates. (2) If the Court is satisfied in any proceedings that it should make an order under this Division binding on a person who is not a party to the proceedings, the Court— (a) may join that person as a party to the proceedings; and (b) must allow the person a reasonable opportunity to make representations to the Court as to why such an order should not be made. 33—Orders that may be made (1) If, on an application under this Act, the Court is satisfied that it is appropriate to do so, the Court may make 1 or more of the following orders in relation to a vulnerable adult: (a) an order authorising or requiring an examination or assessment of a specified kind of the vulnerable adult; (b) an order requiring a specified person to do a specified thing, or to refrain from doing a specified thing, in respect of the vulnerable adult; (c) an order authorising the Adult Safeguarding Unit, the Director or an authorised officer to take specified action where the vulnerable adult has refused to consent to the taking of that action; (d) such other orders as may be necessary or appropriate to enable the functions conferred on the Adult Safeguarding Unit under this Act to be performed in respect of the vulnerable adult; (e) such consequential or ancillary orders as the Court thinks fit. (2) The Court may make such interim orders in relation to an application under this Act as the Court thinks fit. (3) The Court may, on an application by a party to the proceedings, vary or revoke an order under this section. 34—Court not bound by rules of evidence (1) Subject to this section, in any proceedings under this Division, the Court— (a) is not bound by the rules of evidence but may inform itself as it thinks fit; and (b) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms. (2) A fact to be proved in proceedings under this Division is to be proved on the balance of probabilities. 35—Views of vulnerable adult to be heard (1) In any proceedings under this Act, a vulnerable adult to whom the proceedings relate must, unless the Court is satisfied that the vulnerable adult is not capable of doing so, be given a reasonable opportunity to personally present to the Court their views relating to the proceedings. (2) This section applies whether or not the vulnerable adult is represented by a legal practitioner in the proceedings. 36—Right of other interested persons to be heard In proceedings under this Division relating to a vulnerable adult, the Court may, on the application of— (a) a member of the vulnerable adult's family; or (b) a person who has at any time been responsible for or otherwise had care of the vulnerable adult (including, to avoid doubt, a guardian of the vulnerable adult); or (c) any other person who, in the opinion of the Court, has a proper interest in the matter, hear submissions the applicant wishes to make in respect of the vulnerable adult, despite the fact that the applicant is not a party to the proceedings. 37—Contravention of Court order (1) A person who contravenes a term of an order of the Court imposed under this Division is guilty of an offence. Maximum penalty: $10 000. (2) A person is not guilty of an offence of aiding, abetting, counselling or procuring the commission of an offence against this section if the person is a vulnerable adult protected by the order that has been contravened. Part 5—Reviews of certain decisions Division 1—Internal review 38—Internal review (1) A person who is aggrieved by a decision of the Adult Safeguarding Unit or the Director under Part 4 of this Act is entitled to a review of the decision under this section. (2) An application for review— (a) must be made in a manner and form determined by the Chief Executive; and (b) must be made within 30 days after the day on which notice of the decision was given to the applicant (or such longer time as the Chief Executive may allow). (3) On an application for review under this section the Chief Executive may confirm, vary or reverse the decision under review. (4) The Chief Executive must, on completing a review under this section, give written notice to the applicant of the Chief Executive's determination in respect of the decision under review. (5) The regulations may make further provision in respect of a review under this section (including, to avoid doubt, by limiting the kinds of decisions that may be the subject of an application for review). 39—Delegation (1) The Chief Executive may delegate a function or power under this Division to any person or body that is, in the Chief Executive's opinion, competent to perform or exercise the relevant function or power. (2) A delegation under this section— (a) must be in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) does not prevent the delegator from acting in any matter. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. Division 2—External review by Ombudsman 40—External review by Ombudsman (1) If— (a) a person is dissatisfied with a determination of the Chief Executive following an internal review under section 38; and (b) that determination relates to circumstances in which a vulnerable adult is, or is suspected of being, at risk of serious abuse, the person may apply to the Ombudsman for a review of the determination. (2) An application for a review of a determination under this section— (a) must be made in a manner and form determined by the Ombudsman; and (b) must be made within 30 days after notice of the determination is given to the applicant (or such longer period as may be allowed by the Ombudsman). (3) The Ombudsman may refuse to conduct a review under this section if the Ombudsman is of the opinion that the application is unreasonable, trivial or vexatious. (4) In conducting a review under this section, the Ombudsman— (a) may carry out an investigation into the subject matter of the application (and for the purposes of such an investigation may exercise such of the investigative powers as are conferred on the Ombudsman by the Ombudsman Act 1972 in relation to an investigation duly initiated under that Act as the Ombudsman considers appropriate); and (b) may— (i) try to effect a settlement between the persons to whom the review relates at any time during the review; and (ii) at the request of a person to whom the review relates, suspend a review under this section at any time to allow an opportunity for a settlement to be negotiated. (5) The Chief Executive, the Adult Safeguarding Unit and the Director (as the case requires), any relevant State authority and the applicant must cooperate in any process proposed by the Ombudsman for the purposes of a review under this section (including any attempt of the relevant review authority to effect a settlement between the participants), and must do all such things as are reasonably required to expedite the process. (6) The Ombudsman may dismiss an application if the Ombudsman considers that the applicant has failed to comply with subsection (5). (7) On completion of a review under this section, the Ombudsman may (based on the circumstances existing at the time of the review) confirm, vary or reverse the determination the subject of the review. (8) On making a determination on a review under this section, the relevant review authority must notify each of the following persons of the determination and the reasons for the determination: (a) the applicant; (b) the Chief Executive; (c) the Adult Safeguarding Unit. (9) If the Ombudsman considers it to be in the public interest or the interests of a State authority to do so, the Ombudsman may publish, in such manner as the Ombudsman thinks fit, the reasons for a determination made on a review under this section (however the Ombudsman must not include in the reasons any information from the which the identity of the vulnerable adult can be determined). (10) In publishing reasons for a determination, the Ombudsman may comment on any unreasonable, frivolous or vexatious conduct by the applicant, the Chief Executive, the Adult Safeguarding Unit or any relevant State authority. (11) If, following a review under this section, the Ombudsman is of the opinion— (a) that the practice in accordance with which a specified act was done, or specified decision made, should be varied; or (b) that the reasons for any act or decision to which the review relates should be given to a specified person; or (c) that any other steps should be taken, the Ombudsman may report that opinion and the reasons for it to the Minister, and to the responsible Minister for any relevant State authority, and may make such recommendations as the Ombudsman thinks fit. (12) If it appears to the Ombudsman that appropriate steps have not been taken to give effect to a recommendation made under this section, the Ombudsman may make a report on the matter (containing a copy of the earlier report and the recommendation) to the Minister. (13) If the Ombudsman reports to the Minister under subsection (12), the Ombudsman may forward copies of the report to the Speaker of the House of Assembly and the President of the Legislative Council with a request that they be laid before their respective Houses. (14) In this section— responsible Minister for a State authority means— (a) if the State authority is a public sector agency—the Minister responsible for the public sector agency; (b) if the State authority is a local council—the Minister responsible for the administration of the Local Government Act 1999; (c) if the State authority is a body established by or under an Act—the Minister responsible for the administration of that Act; (d) in any other case—the Minister responsible for the administration of this Act. 41—Views of vulnerable adult to be heard In any review under this Division, the vulnerable adult to whom the review relates must, unless the Ombudsman is satisfied that the vulnerable adult is not capable of doing so, be given a reasonable opportunity to personally present to the Ombudsman their views in relation to the review. Part 6—Information gathering 42—Authorised officer may require information (1) An authorised officer may, by notice in writing, require a specified person (whether or not the person is a State authority, or an officer or employee of a State authority) to provide to them such information, or such documents, as may be specified in the notice (being information or documents in the possession of the person that the authorised officer, the Director or the Adult Safeguarding Unit reasonably requires for the performance of functions under this Act). (2) A person required to provide information or documents under subsection (1) must give the specified information or documents to the authorised officer, or in any other manner specified by the authorised officer, within the period specified in the notice. (3) A person who refuses or fails to comply with a notice under subsection (1) is guilty of an offence. Maximum penalty: $10 000. (4) If a State authority refuses or fails to comply with a notice under subsection (1), the Director may, after consultation with the State authority— (a) report the refusal or failure to the Minister and to the Minister responsible for the State authority (if any); and (b) include details of the refusal or failure in the annual report of the Director. (5) The Minister may, by notice in writing, exempt a specified person or body, or persons or bodies of a specified class, from the operation of this section. (6) An exemption— (a) may be conditional or unconditional; and (b) may be varied or revoked by the Minister by further notice in writing. 43—Sharing of information between certain persons and bodies (1) This section applies to the following persons and bodies: (a) the Adult Safeguarding Unit; (b) a State authority; (c) any other person or body declared by the regulations to be included in the ambit of this subsection. (2) Despite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirement set out in the regulations, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient— (a) to perform official functions relating to the health, safety, welfare or wellbeing of a vulnerable adult or class of vulnerable adults; or (b) to manage any risk to a vulnerable adult or class of vulnerable adults that might arise in the recipient's capacity as an employer or provider of services. (3) Despite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction. (4) Subsection (3) applies— (a) whether or not the information or documents consist of or include prescribed information and documents; and (b) whether the information or documents ever disclosed the identity of a person, or has been redacted so as to de‑identify a person. (5) Information may be provided under this section regardless of whether the provider has been requested to provide the information. (6) In this section— prescribed information and documents means— (a) information or documents relating to the health, safety, welfare or wellbeing of a vulnerable adult; or (b) information or documents relating to the financial affairs of a vulnerable adult; or (c) any other information or document of a kind prescribed by the regulations for the purposes of this definition. 44—No obligation to maintain secrecy No obligation to maintain secrecy or other restriction on the disclosure of information applies in relation to the disclosure of information to the Director, the Adult Safeguarding Unit or an authorised officer under this Act. 45—Interaction with Public Sector (Data Sharing) Act 2016 Nothing in this Part affects the operation of the Public Sector (Data Sharing) Act 2016. Part 7—Miscellaneous 46—Obstruction of person reporting suspected abuse of vulnerable adults A person must not, without reasonable excuse— (a) prevent another person from making a report under this Act relating to a suspicion that a vulnerable adult may be at risk of abuse; or (b) hinder or obstruct another person in making such a report. Maximum penalty: $10 000 or imprisonment for 2 years. 47—Obstruction of Director etc A person must not, without reasonable excuse, hinder or obstruct the Director, an authorised officer or a member of the Adult Safeguarding Unit in the performance or exercise of a function or power under this Act. Maximum penalty: $10 000. 48—False or misleading statements A person must not make a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided under this Act. Maximum penalty: $10 000. 49—Confidentiality (1) A person engaged or formerly engaged in the administration of this Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except— (a) as required or authorised by or under this Act or any other Act or law; or (b) with the consent of the person to whom the information relates; or (c) in connection with the administration or enforcement of this or any other Act; or (d) for the purposes of referring the matter to a law enforcement agency, or a person or agency exercising official duties under an Act relating to the care or protection of vulnerable adults; or (e) to an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions; or (f) if the disclosure is reasonably necessary for the protection of the lawful interests of that person. Maximum penalty: $10 000. (2) Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates. (3) Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. Maximum penalty: $10 000. (4) The regulations may make further provision in respect of the disclosure of information obtained in the course of the administration of this Act. 50—Victimisation (1) A person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has provided, or intends to provide, information under this Act commits an act of victimisation. (2) Causing detriment on the ground that a person— (a) has made a false allegation; or (b) has not acted in good faith, does not constitute an act of victimisation. (3) An act of victimisation under this Act may be dealt with— (a) as a tort; or (b) as if it were an act of victimisation under the Equal Opportunity Act 1984, but, if the victim commences proceedings in a court seeking a remedy in tort, the victim cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim cannot subsequently commence proceedings in a court seeking a remedy in tort. (4) If a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint. (5) In proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation. (6) A person who personally commits an act of victimisation under this Act is guilty of an offence. Maximum penalty: $10 000. (7) Proceedings for an offence against subsection (6) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions. (8) In this section— detriment includes— (a) injury, damage or loss; or (b) intimidation or harassment; or (c) discrimination, disadvantage or adverse treatment in relation to a person's employment; or (d) threats of reprisal. 51—Protections, privileges and immunities (1) No liability attaches to the Director or any other person for any act or omission in good faith in the exercise or purported exercise of powers or functions under this or any other Act. (2) Nothing in this Act affects the privileges, immunities or powers of the Legislative Council or House of Assembly or their committees or members. (3) Nothing in this Act affects any rule or principle of law relating to— (a) legal professional privilege; or (b) "without prejudice" privilege; or (c) public interest immunity. (4) A person is excused from answering a question or producing a document or other material if the person could not be compelled to answer the question or produce the document or material in proceedings in the Supreme Court. (5) A person who provides information or a document under this Act has the same protection, privileges and immunities as a witness in proceedings before the Supreme Court. (6) A person who does anything in accordance with this Act, or as required or authorised by or under this Act, cannot by so doing be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct. 52—Service (1) Subject to this Act, a notice or document required or authorised to be given to a person for the purposes of this Act may— (a) be given to the person personally; or (b) be posted in an envelope addressed to the person at the person's last known residential, business or (in the case of a corporation) registered address; or (c) be left for the person at the person's last known residential, business or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or (d) be transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission). (2) Without limiting the effect of subsection (1), a notice or other document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act. 53—Review of Act (1) The Minister must cause an independent review of the operation of this Act to be conducted, and a report on the review submitted to the Minister, before the third anniversary of the commencement of this section. (2) The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report. 54—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may provide for— (a) the exemption of a person, or a class of persons, from the operation of a specified provision or provisions of this Act; and (b) fines, not exceeding $10 000, for offences against the regulations; and (c) facilitation of proof of the commission of offences against the regulations. (3) The regulations may— (a) be of general or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply; and (c) make provisions of a saving or transitional nature; and (d) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of a specified person or body; and (e) apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person or body. (4) If a code, standard or other document is referred to or incorporated in the regulations— (a) a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and (b) evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For 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. Formerly Office for the Ageing Act 1995 Legislation repealed by principal Act The Ageing and Adult Safeguarding Act 1995 repealed the following: Commissioner for the Ageing Act 1984 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1995 92 Office for the Ageing Act 1995 7.12.1995 20.6.1996 (Gazette 20.6.1996 p2971) 1999 69 Office for the Ageing (Advisory Board) Amendment Act 1999 18.11.1999 1.7.2000 (Gazette 15.6.2000 p3131) 2015 8 Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 18.6.2015 Pt 27 (ss 177—179)—1.7.2015 (Gazette 25.6.2015 p3076) 2018 34 Office for the Ageing (Adult Safeguarding) Amendment Act 2018 22.11.2018 1.2.2019 (Gazette 31.1.2019 p370) except ss 4, 5, new Pt 3, Pt 4 Divs 1 to 5, Pt 5 Div 1, Pts 6, 7 (as inserted by s 6), s 7 & Sch 1—1.10.2019 and except new Pt 4 Div 6 & Pt 5 Div 2 (as inserted by s 6)—1.10.2020 (Gazette 20.6.2019 p2206) 2021 38 Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 7.10.2021 Sch 1 (cll 1 & 76)—7.10.2021: s 2 2025 38 Ageing and Adult Safeguarding (Review Recommendations) Amendment Act 2025 11.9.2025 1.7.2026 (Gazette 4.12.2025 p4714) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002

amended by 8/2015 s 177 1.7.2015

amended by 34/2018 s 7 1.10.2019 Pt 1

s 1 amended by 34/2018 s 4 1.10.2019 s 2 omitted under Legislation Revision and Publication Act 2002

ss 2—5 inserted by 34/2018 s 5 1.10.2019 s 6 inserted by 34/2018 s 5 1.10.2019

amended by 38/2021 Sch 1 cl 1 7.10.2021 Pt 2 substituted by 34/2018 s 6 1.2.2019 Pt 3 before deletion by 8/2015

s 8

s 8(2) amended by 69/1999 s 3(a) 1.7.2000 s 8(3) substituted by 69/1999 s 3(b) 1.7.2000 s 8(5) amended by 69/1999 s 3(c) 1.7.2000 Pt 3 deleted by 8/2015 s 178 1.7.2015

inserted by 34/2018 s 6 1.10.2019 Pt 4 inserted by 34/2018 s 6 1.10.2019 except Div 6—1.10.2020 Pt 5 inserted by 34/2018 s 6 1.10.2019 except Div 2—1.10.2020 Pts 6 and 7 inserted by 34/2018 s 6 1.10.2019 Sch omitted under Legislation Revision and Publication Act 2002

Transitional etc provisions associated with Act or amendments Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 179—Transitional provision A member of the Advisory Board on Ageing ceases to hold office on the commencement of this section. Office for the Ageing (Adult Safeguarding) Amendment Act 2018, Sch 1—Transitional provision 1—Application of certain provisions of Act limited during first 3 years of operation (1) The following provisions of the Ageing and Adult Safeguarding Act 1995 (as amended or enacted by this Act) will, to the extent that the provision relates to the safeguarding of vulnerable adults, be taken only to apply to, or in relation to, prescribed vulnerable adults during the prescribed period: (a) Part 3; (b) Part 4; (c) Part 5. (2) In this clause— prescribed period means the period commencing on the day on which this clause comes into operation and ending on the third anniversary of that commencement; prescribed vulnerable adult means— (a) a vulnerable adult within the meaning of section 3 of the Ageing and Adult Safeguarding Act 1995 (as enacted by this Act) who is, on the commencement of this clause, aged— (i) if the vulnerable adult is an Aboriginal or Torres Strait Islander Person—50 years or older; or (ii) in any other case—65 years or older; or (b) any other vulnerable adult, or vulnerable adult of a class, declared by the Minister by notice in the Gazette to be included in the ambit of this definition. Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21 76—Savings and transitional regulations Regulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act. Historical versions Reprint No 1—1.7.2000

1.7.2015

1.2.2019

1.10.2019

1.10.2020

1 Ageing and Adult Safeguarding Act 1995

The Act rests on a small set of core legal concepts: vulnerable adult, abuse, decision‑making capacity, Charter of Rights, and authorised officer authority. Each concept is statutorily defined or framed, and the definitions drive the scope of the Unit’s powers and duties.

Vulnerable adult. Section 3 defines a vulnerable adult as an adult who, by reason of age, ill health, disability, social isolation, dependence on others or other disadvantage, is vulnerable to abuse. The definition is broad and non‑exhaustive; the Act envisages that regulations may expand or limit what is captured (s 4(1)(g), s 54). The legislative history also records transitional arrangements that allow the Minister to restrict initial application to prescribed vulnerable adults for a set period (Office for the Ageing (Adult Safeguarding) Amendment Act 2018, Sch 1).

Abuse. Section 4 lists categories of abuse: physical, sexual, emotional or psychological, financial exploitation, neglect, omission where a duty of care is owed, abuse of a position of trust, and denial of basic rights as set out in the Charter (s 4(1)(a)-(f)). The section expressly includes unlawful physical or chemical restraint, and over‑ or under‑medication, within physical restraint and abuse definitions (ss 4(3)-(4)). The Act allows regulations to add or exclude specified acts or omissions from the ambit of abuse (s 4(1)(g)).

Decision‑making capacity. The Act presumes capacity unless impaired (s 5(1)). Impaired decision‑making capacity is defined by functional criteria similar to capacity tests used elsewhere: inability to understand, retain, use, or communicate relevant information, including advance care directives that self‑define incapacity (s 5(2)). The Act recognises fluctuation in capacity and that poor outcomes do not by themselves indicate incapacity (s 5(3)).

Charter and codes. The Minister must prepare a Charter of the Rights and Freedoms of Vulnerable Adults with Office for Ageing Well assistance (s 20). The Charter is to be prepared with prescribed consultations and published in the Gazette and on a website (s 20(3), (5)). A prescribed State authority must have regard to and seek to give effect to the Charter when acting under the Act (s 20(6)), but the Charter does not create legally enforceable rights (s 20(7)). The Minister may also publish codes of practice and require prescribed State authorities to comply with relevant codes to the extent reasonably practicable (s 21).

Principles. The Act sets a set of guiding principles in s 12 emphasising dignity, presumption of capacity, least‑intrusive measures, respect for will and preferences, involvement of the vulnerable adult in decisions, dignity in risk, and multi‑agency responses. These principles shape operational decision making, and the Adult Safeguarding Unit must have regard to the Charter in carrying out its functions (s 15(2)).

Authorised officers and powers. The Director and authorised officers authorised in writing by the Director hold the investigative powers and coercive functions under the Act (s 18). Authorised officers may enter premises, inspect, require production of books of account and records, examine, copy and remove records, take recordings and require persons to answer questions and state identifying details, and give directions necessary to exercise these powers (s 19(1)). Use of force to enter premises is restricted to warrants issued by a magistrate or emergency circumstances with Director approval and reasonable grounds that delay would significantly increase risk of harm (s 19(2)). A magistrate must be satisfied on oath or affidavit to issue a warrant and the usual recording requirements apply (s 19(3)-(5)).

Information gathering and sharing. The Act contains compulsory information powers enabling authorised officers to require information or documents by written notice (s 42), with a statutory maximum penalty for refusal. It also expressly permits sharing of prescribed information and documents among the Adult Safeguarding Unit, State authorities and other prescribed bodies for functions relating to the health, safety or welfare of vulnerable adults or employer/provider risk management (s 43). Section 44 removes any secrecy obligation that would otherwise impede disclosure to the Director, the Unit or authorised officers.

Court and review mechanisms. The Director may apply to the Magistrates Court for orders to protect or assess vulnerable adults, including authorising examinations, requiring or restraining persons, and authorising action where consent has been refused (ss 31-33). The Court is not bound by rules of evidence and determines facts on the balance of probabilities (s 34). Decisions under Part 4 are subject to internal review by the Chief Executive (s 38) and, in defined circumstances involving serious abuse, to external review by the Ombudsman (s 40).

Regulatory and administrative design. The Act gives the Governor power to make regulations addressing the details, including exemptions, offences, incorporation of codes or standards, and saving or transitional provisions (s 54). The Act also explicitly preserves interaction with other statutory regimes such as the Independent Commission Against Corruption Act 2012 and the Public Sector (Data Sharing) Act 2016 (ss 6, 45). The legislative history documents amendments and staged commencements that changed the structure and scope of the Act, notably the 2018 amendments that inserted the Adult Safeguarding Unit and expanded safeguarding provisions.

Primary subjects. The Act primarily affects identified vulnerable adults as defined in s 3. Any adult meeting the functional or situational descriptors in s 3,on grounds of age, ill health, disability, social isolation, dependence or other disadvantage,may be the subject of reporting, assessment, investigation, referral or protective court orders under the Act.

State authorities and public sector employees. The Act applies both to State authorities and to prescribed persons or bodies within the ambit of s 43. State authorities are defined broadly and include statutory office holders, public sector agencies, South Australia Police, local councils and a range of public entities established for a public purpose or subject to government control (s 2). A prescribed State authority must have regard to the Charter when acting under the Act (s 20(6)) and, to the extent reasonably practicable, comply with codes of practice published under s 21(5).

Office holders and staff. The Director of the Office for Ageing Well, members of the Adult Safeguarding Unit and authorised officers are affected in that they must perform statutory functions, may be delegated powers (ss 10, 16), and where authorised hold investigative powers subject to conditions and identity card requirements (s 18). The Director is a Public Service employee whose appointment and removal require Ministerial approval (s 7(2)-(3)). The Chief Executive is required to establish the Adult Safeguarding Unit (s 13(1)) and has review and delegation responsibilities (ss 38-39).

Health and service providers. Providers of health, community and residential services, employers, and individuals tasked with care duties are affected in multiple ways. They may receive referrals from the Director (s 25), be required to respond to notices to produce information or documents (s 42), be obliged to provide reports and follow‑up to the Director (s 25(4)), or be the target of a report themselves. The Act authorises the Director to report matters that may raise professional misconduct to relevant regulatory bodies (s 27).

Carers, families and interested persons. The Act recognises the role of family members and carers. The Court may hear submissions from family members and others with a proper interest in proceedings under Pt 4 (s 36). The consultation requirements for the Charter mandate engagement with vulnerable adults and their carers and families (s 20(3)(b)).

Legal, regulatory and oversight bodies. The legislation creates interaction pathways with the Ombudsman and the Health and Community Services Complaints Commissioner by allowing the Director to make complaints on behalf of vulnerable adults (ss 28-29). The Ombudsman has a defined external review role in circumstances involving serious abuse (s 40).

Persons obliged or empowered to report. Reporting of suspected abuse to the Adult Safeguarding Unit is expressly voluntary; the Act states nothing requires a person to report, and nothing prevents reporting to other bodies (s 22(4)). Nevertheless, persons or bodies that receive a notice under s 23(6) or s 42 are under statutory obligation to comply, with monetary penalties for refusal (s 23(7) penalty $10 000; s 42(3) penalty $10 000).

Entities supplying information. A broad range of entities will be affected by the information sharing and secrecy provisions. Section 43 allows the Unit and State authorities, and other prescribed bodies, to exchange prescribed information and documents for safeguarding functions, and s 44 removes secrecy obligations in relation to disclosures to the Director or the Unit. Conversely, s 49 imposes confidentiality obligations on those engaged in administration while also listing express exceptions.

Persons subject to court orders or criminal sanction. Individuals may be the subject of Magistrates Court orders under s 33 to enable examinations, require or prohibit actions, or authorise action without consent where necessary. Criminal penalties attach to failing to comply with authorised officer directions (s 19(7)), obstruction of reporting (s 46), obstruction of Director or authorised officers (s 47), false statements (s 48), contravening court orders (s 37), and victimisation (s 50).

Who pays. The Act itself does not impose direct fees on private parties for processes under it, but it imposes compliance costs on State authorities, providers and other entities who must respond to notices, produce documents, participate in assessments and investigations, and comply with codes of practice and information sharing regimes (see ss 19(1)(d)-(f), 23(6), 42(1)-(3), 21(5)). Costs of administering the Unit fall to the Department and ultimately to government budgets administered through the Minister, with annual reporting obligations for the Director (ss 11, 17). The Minister decides on the Charter and codes, and the Governor makes regulations (ss 20-21, 54).

Who decides. The Director exercises significant operational discretion including assessment, decision to investigate, referral to other agencies, and initiating Court applications (ss 23, 25-26, 31). The Director may delegate functions to competent persons in writing, subject to revocation at will (ss 10, 16). The Chief Executive has functions in internal review and delegation under Pt 5 (ss 38-39). The Minister prepares the Charter and may publish codes of practice (ss 20-21). The Court determines contested orders, and the Ombudsman provides external review in specified circumstances (ss 31, 34, 40).

Statutory duties of the Director and Adult Safeguarding Unit. The Act places a number of specific duties on the Director and the Adult Safeguarding Unit. The Director must ensure each report received is assessed in accordance with regulatory requirements and take at least one of a set of prescribed actions on completion of an assessment: investigate, refer to another body, or decline further action where appropriate (s 23(1), (3)). The Unit has functions to receive, assess, investigate and coordinate responses to suspected abuse, collate data, publish systemic reports, and advise Ministers and State authorities (s 15(1)(d)-(m)). The Unit must seek to give effect to the Charter when carrying out functions (s 15(2)).

Assessment and investigation duties. The Director must cause each report to be assessed (s 23(1)). Investigations must be carried out by the Unit in accordance with any regulatory requirements (s 26(2)). The Director may, for assessment purposes, require a person or body to provide a written statement or answer specified questions verified by statutory declaration if required, and refusal to comply is an offence carrying a $10 000 maximum penalty (s 23(6)-(7)).

Obligations to refer and report. If the Director determines that a matter is better dealt with by another State authority or specified person or body, the Director must refer it (s 25(1)). The person or body receiving a referral under s 25(1)(b) must, as soon as reasonably practicable after dealing with the matter, provide a report to the Director (s 25(4)). The Director may report possible professional misconduct to the relevant regulatory body and must comply with reasonable requests for further information from that body (s 27).

Consent and autonomy. The Act makes the preservation of the vulnerable adult’s autonomy a statutory principle (s 12) and places a default rule that the Unit should not take action in respect of a report unless the vulnerable adult consents (s 24(1)). Exceptions to the consent requirement are strictly set out: the Unit may act without consent where authorised by Court order (s 24(3)), or where immediate risk to life or physical safety, allegation of a serious criminal offence, impaired decision‑making capacity, inability to contact the person after reasonable inquiries, or other circumstances declared in regulations, and the Director approves the taking of the action (s 24(4)). The regulations may also provide for someone to consent on behalf of a vulnerable adult in specified circumstances (s 24(5)).

Right to be heard and participatory safeguards. The Act requires that a vulnerable adult be given reasonable opportunity to present views in Court proceedings unless the Court is satisfied the person is not capable of doing so (s 35(1)). The same participatory requirement applies in Ombudsman reviews under s 41. Other interested persons, including family members or former carers, may seek to be heard in proceedings under s 36.

Internal and external review rights. Persons aggrieved by decisions of the Unit or Director under Part 4 are entitled to internal review by the Chief Executive (s 38(1)). Internal review applications must be made within 30 days (s 38(2)). Where an applicant is dissatisfied with the Chief Executive’s determination and the matter relates to circumstances involving serious abuse, an external review by the Ombudsman is available within 30 days (s 40(1)-(2)). The Ombudsman may dismiss unreasonable, trivial or vexatious applications (s 40(3)) and has investigative powers and recommendation functions outlined in s 40(4) and following subsections.

Information and confidentiality duties. Authorised officers have powers to require information and documents for performance of functions (s 42(1)). Persons who provide information under the Act receive protections equivalent to those of witnesses before the Supreme Court (s 51(5)). At the same time, persons engaged in administering the Act must not divulge personal information obtained in official duties, except under enumerated exceptions including where authorised by the Act, with consent, or for proper administration, enforcement or law enforcement referrals (s 49(1)(a)-(d)). The Act allows de‑identified statistical disclosure (s 49(2)) and prohibits use of disclosed information for other purposes (s 49(3)).

Duties on other bodies to have regard to Charter and codes. A prescribed State authority must, in carrying out functions under the Act, have regard to and seek to give effect to the Charter (s 20(6)). Prescribed State authorities must comply with relevant codes of practice published by the Minister to the extent reasonably practicable (s 21(5)). Codes and the Charter must be published and publicly accessible (ss 20(5), 21(3)-(4)).

Obligations to avoid victimisation and confidentiality protections. The Act creates the civil tort or equal opportunity pathway for acts of victimisation and makes personal commission of victimisation an offence punishable by a maximum $10 000 penalty (s 50). It also prescribes confidentiality duties for those engaged under the Act with monetary penalties for breach (s 49).

Delegation and administrative duties. The Director may delegate non‑prescribed functions in writing to competent persons, subject to revocation and with further delegation permitted if the instrument allows (s 16). The Chief Executive may delegate internal review functions (s 39). Delegation produces accountability and operational flexibility but can diffuse decision responsibility; the instrument of delegation must be in writing and may contain conditions (ss 10(2), 16(2), 39(2)).

Monetary and custodial penalties. The Act sets out a range of maximum penalties for specific contraventions. Key penalties include:

Failure to comply with an authorised officer’s requirement or direction under s 19 is an offence carrying a maximum penalty of imprisonment for 1 year (s 19(7)).
Contravening a Court order made under Pt 4 attracts a maximum penalty of $10 000 (s 37(1)).
Refusal or failure to comply with a written notice requiring production of a written statement or answers during an assessment carries a maximum penalty of $10 000 (s 23(7)).
Failure to comply with an information notice issued under s 42 is an offence with a maximum penalty of $10 000 (s 42(3)).
Obstruction of a person reporting suspected abuse under s 46 is punishable by a maximum $10 000 fine or imprisonment for 2 years (s 46).
Obstruction of the Director or members of the Unit is punishable by a maximum $10 000 penalty (s 47).
Making false or misleading statements in information provided under the Act is an offence with a maximum penalty of $10 000 (s 48).
Confidentiality breaches by a person engaged in administration attract a maximum penalty of $10 000 (s 49(1)). Use of information disclosed for a different purpose also carries a maximum $10 000 penalty (s 49(3)).
Victimisation committed personally is an offence with a maximum $10 000 penalty (s 50(6)).

Who may commence prosecutions. Some offences are subject to control over who may commence proceedings. For example, proceedings for an offence under s 50(6) (personal commission of victimisation) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions (s 50(7)). Other offences do not specify limits on prosecution initiation in the Act text provided.

Warrants and use of force. Authorised officers can use reasonable force to enter premises only on a warrant issued by a magistrate or in emergency circumstances where entry is refused or cannot be gained, delay would significantly increase risk of harm, and the Director has approved the use of force (s 19(2)). A magistrate must be satisfied on oath or affidavit that reasonable grounds exist to issue a warrant and must file the warrant and supporting affidavit in the Court (s 19(3)-(5)). These provisions channel coercive enforcement through judicial authorisation except in specific, Director‑approved emergency circumstances.

Court orders and judicial remedies. The Director may apply to the Magistrates Court for orders to protect vulnerable adults, to authorise examinations, or to enable the Unit to act without consent where necessary (ss 31-33). The Court may make interim orders and vary or revoke orders on application (s 33(2)-(3)). The Court is not bound by the strict rules of evidence and acts according to equity, good conscience and substantial merits with facts proved on the balance of probabilities (s 34).

Protections for actors in good faith. The Act protects persons acting in good faith under the Act from liability; no liability attaches to the Director or any other person for any act or omission done in good faith in the exercise or purported exercise of powers under the Act or another Act (s 51(1)). Persons providing information under the Act have the same protections and privileges as witnesses in Supreme Court proceedings (s 51(5)). The Act also preserves legal professional privilege, without prejudice privilege and public interest immunity (s 51(3)).

Administrative accountability and external review. The Act contains internal administrative review by the Chief Executive and external review by the Ombudsman for certain serious matters, with the Ombudsman able to investigate, attempt settlement and publish reasons in the public interest (ss 38-40). The Ombudsman may report to Ministers and publicise recommendations where appropriate (s 40(11)-(13)). These review mechanisms create non‑criminal enforcement and remedial pathways for contesting decisions.

Regulatory enforcement. The Governor may make regulations, including creating offences with fines not exceeding $10 000 for contraventions of regulations (s 54(2)(b)). The Act also contemplates regulations that could exempt persons or classes from particular provisions (s 54(2)(a)).

Interaction preserved and limited in text. The Act explicitly states that nothing in it limits the operation of the Independent Commission Against Corruption Act 2012 (s 6). It also declares that nothing in Part 6 affects the operation of the Public Sector (Data Sharing) Act 2016 (s 45). These express non‑derogation clauses indicate the Act was drafted to coexist with select anti‑corruption and data sharing regimes.

Ombudsman and Health Complaints pathways. The Act creates specific bridges to existing oversight and complaints frameworks. The Director may, on behalf of vulnerable adults, make complaints to the Ombudsman under the Ombudsman Act 1972, and such complaints will be taken to arise under that Act (s 28). Similarly, the Director may make complaints to the Health and Community Services Complaints Commissioner under the Health and Community Services Complaints Act 2004 in respect of certain grounds, with the complaints taken to be made under that Act (s 29). Those provisions alter normal standing rules by enabling the Director to lodge complaints on behalf of vulnerable adults.

Evidence rules and court procedures. Proceedings under the Court orders Division are conducted in the Magistrates Court and the Court is not bound by rules of evidence, must act according to equity and decide facts on the balance of probabilities (s 34). That framing allows the Magistrates Court to employ more flexible procedures in safeguarding contexts than in criminal prosecutions.

Information disclosure versus secrecy and other laws. Section 43 permits sharing of prescribed information and documents between the Adult Safeguarding Unit, State authorities and other prescribed bodies despite any other Act or law. Section 44 adds that no obligation to maintain secrecy or other restriction applies in relation to disclosure to the Director, Unit or an authorised officer under the Act. Those provisions create statutory exceptions to privacy or secrecy obligations, although s 49 imposes confidentiality obligations on persons engaged in the administration of the Act, and s 45 preserves the operation of the Public Sector (Data Sharing) Act 2016. Practically, agencies must reconcile this Act’s sharing permissions with other privacy or data protection obligations, using the statutory exceptions and the Public Sector (Data Sharing) Act as a guide.

Corporations Act and service. The Act permits service of notices and documents on companies in accordance with the Corporations Act 2001 of the Commonwealth (s 52(2)), which preserves standard Commonwealth corporate service arrangements.

Regulatory discretion and exemptions. The regulations may exempt persons or classes from operation of specified provisions and may declare other persons bodies to be State authorities or not to be State authorities for the purposes of the Act (s 2 definition and s 54(2)(a)). Regulations may also incorporate codes, standards or policies produced by Ministers or other bodies (s 54(3)(e)). This potential regulatory layering creates interaction pathways with administrative instruments made under other statutes.

Preservation of legal privileges and immunities. The Act expressly preserves legal professional privilege, without prejudice privilege and public interest immunity (s 51(3)). It further states that a person is excused from answering a question or producing material if they could not be compelled to do so in Supreme Court proceedings (s 51(4)). These clauses protect pre‑existing evidentiary and privilege rules from unintended erosion by the Act.

Referral and concurrent jurisdiction. The Act explicitly permits referral of matters to other appropriate persons or bodies at any time and clarifies that referral does not prevent the Director or Unit from exercising functions in respect of the matter, albeit with an obligation to endeavour to avoid prejudice (s 30). This preserves concurrent or sequential handling with other investigative or regulatory agencies.

Regulatory regime for transitional application. The legislative history includes a transitional provision introduced by the 2018 amendments that limited application of certain parts of the Act to prescribed vulnerable adults for the first three years, illustrating staged interaction with other regulatory frameworks during implementation (Office for the Ageing (Adult Safeguarding) Amendment Act 2018, Sch 1).

Amendments and structural changes. The Act’s legislative history records several key amendments and reprints that materially changed its structure and scope. The original Act was the Office for the Ageing Act 1995, assented on 7 December 1995 and commenced on 20 June 1996. The Act was renamed and substantially revised over time, with the legislative history identifying amendment Acts in 1999, 2015, 2018, 2021 and 2025.

Notable amendments:

1999 (No 69) Office for the Ageing (Advisory Board) Amendment Act 1999, which altered provisions now reflected at ss 8(2)-(3) and (5), with commencement 1 July 2000.
2015 (No 8) Statutes Amendment (Boards and Committees,Abolition and Reform) Act 2015, which deleted Part 3 in the earlier text and made other transitional changes commencing 1 July 2015.
2018 (No 34) Office for the Ageing (Adult Safeguarding) Amendment Act 2018. This amendment is a major structural change. It substituted Pt 2, inserted new Part 3 (Adult Safeguarding Unit), inserted Part 4 (Safeguarding vulnerable adults) and Part 5 Div 1, and added Parts 6 and 7. Commencement of different sections was staged: some provisions commenced on 1 February 2019, others (ss 4-5 and new Pt 3, Pt 4 Divs 1-5, Pt 5 Div 1, Pts 6 and 7) commenced on 1 October 2019, and some (new Pt 4 Div 6 and Pt 5 Div 2) commenced on 1 October 2020. The legislative history also recorded transitional provisions in Sch 1 to limit certain provisions’ application to prescribed vulnerable adults for the first three years of operation.
2021 (No 38) Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 amended s 6 and commenced on 7 October 2021 as noted.
2025 (No 38) Ageing and Adult Safeguarding (Review Recommendations) Amendment Act 2025 assented on 11 September 2025, with commencement dates shown as 1 July 2026 in the register, indicating future commencement at the time the legislative history was prepared.

Transitional provisions. The Office for the Ageing (Adult Safeguarding) Amendment Act 2018 included a Schedule 1 transitional provision limiting Part 3, Part 4 and Part 5 operation to prescribed vulnerable adults for a prescribed period of three years from commencement. The schedule defined prescribed vulnerable adults as those meeting an age threshold on commencement: Aboriginal or Torres Strait Islander persons aged 50 or older, or others aged 65 or older, or any other class declared by the Minister (Sch 1). This staged approach was evidently intended to phase operational scope.

Commencement complexity. The 2018 amendments show a pattern of staggered commencements. In some instances, sections were inserted but their operative effect was phased, for example with Div 6 and Pt 5 Div 2 commencing later. The legislative history explicitly records which sections commenced on which dates, and the reprint history shows multiple reprints incorporating successive amendments up to 1 October 2020. The 2025 amendment’s stated commencement of 1 July 2026 (Gazette reference) indicates that the Act continues to be subject to future change.

Regulation‑making and further changes. Section 54 allows the Governor to make regulations to support the Act, including fines up to $10 000 and exemption powers. The legislative history shows that several amendments have relied on regulations and transitional provisions. The 2018 Schedule and the 2021 savings and transitional regulations provision (Independent Commissioner Against Corruption Amendment) confirm the Act’s regulatory flexibility.

Notes in the register. The legislative history includes standard notes about reprints, amendments that are uncommenced, and cautionary notes that references to other legislation or office titles may not be automatically updated. The register also lists historical versions and reprints: 1 July 2000, 1 July 2015, 1 February 2019, 1 October 2019 and 1 October 2020.

Practical consequence. Those relying on the Act should track commencement dates and regulations closely. The Act as revised in 2018 introduced a substantially different safeguarding architecture; those changes were not all operative at the same time. The 2025 amendment indicates further changes post‑dating earlier reprints. The Act itself provides that the Minister must cause an independent review of its operation and present a report before the third anniversary of commencement of s 53, which is another statutory mechanism likely to prompt further amendment (s 53).

No cases named in the Act text. The statute and the legislative history included here do not record any judicial decisions interpreting its provisions, nor does the text list any litigated determinations. The Act contains procedural routes to judicial orders (Pt 4 Div 6) and administrative review (Pt 5), and references to the Magistrates Court for orders, but the printed text supplied does not include or summarise any case law applying or construing the Act.

Implication for practitioners. In the absence of reported decisions in the provided material, practitioners should treat the statutory text as the principal source of legal obligation. Where disputes arise about statutory powers such as use of force in s 19, the scope of disclosure in s 43, or the application of the Charter in s 20, questions of statutory interpretation and administrative law principles will be determinative in litigation. The Act’s grant of equitable, flexible procedures to the Magistrates Court in Pt 4 (s 34) may affect evidentiary strategies in contested applications.

Where to look for litigation. To establish precedent or practice, search the South Australian Magistrates Court and Supreme Court databases for decisions mentioning the Ageing and Adult Safeguarding Act 1995, and monitor Ombudsman reports under s 40, because the Ombudsman may publish reasons and recommendations arising from external reviews (s 40(9), (11), (12)). Also check decisions or determinations by professional regulatory bodies receiving reports under s 27, as those outcomes may involve different adjudicative records.

No recorded appellate jurisprudence. The supplied material does not indicate any appellate treatment. Practitioners should be alert to enforcement and review outcomes from the Ombudsman and Magistrates Court which, although not binding as precedent outside their facts, will inform practice and interpretation of consent exceptions, capacity assessments (s 5), and the limits on authorised officers’ investigative powers (s 19).

Consent default with narrow exceptions. The Act makes a strong presumption favouring the vulnerable adult’s consent before action is taken by the Unit (s 24(1)). That presumption is subject to a discrete list of exceptions, including immediate risk to life, allegations of serious criminal offence, impaired decision‑making capacity, inability to contact the person after reasonable inquiries, regulatory exceptions and where the Director approves the action or a Court order authorises it (s 24(3)-(4)). Operational staff must track which circumstances satisfy those exceptions and obtain Director approval before acting without consent. The regulatory power to expand or define exceptions (s 24(5)) creates some future uncertainty until regulations are promulgated.

Charter is not legally enforceable. The Charter is to be prepared and must be published, and prescribed State authorities must have regard to it (s 20(3), (5)-(6)). However, s 20(7) expressly states the Charter does not create legally enforceable rights. That means the Charter is an important policy instrument but not a direct cause of action for affected persons. Practitioners should not rely on the Charter as a source of enforceable individual entitlements.

Broad information powers with limited protections. The Act permits compulsory production of documents and information by written notice (s 42), and authorised officers have powers to require production and to remove and retain books and records for copying (s 19(1)(d)-(f)). Refusal is an offence with a $10 000 penalty (s 42(3)). At the same time, s 44 removes secrecy obligations in relation to disclosure to the Director or Unit. However, confidentiality duties are imposed on persons engaged in administration (s 49), and the Public Sector (Data Sharing) Act 2016 is unaffected (s 45). This creates a need for agencies to reconcile compulsory disclosure obligations under the Act with other privacy and data governance regimes and ensure proper de‑identification where appropriate (s 43(3)-(4)), and to use statutory exceptions carefully.

Use of force threshold and Director authorisation. Authorised officers may use force to enter premises only with a magistrate’s warrant or in an emergency where entry is refused, delay would significantly increase risk, and the Director has approved the use of force (s 19(2)). In practice, this places operational pressure on the Director and authorised officers to document reasonable grounds and to obtain Director approval promptly when delay is intolerable. Magistrates must be satisfied on oath or affidavit to issue warrants (s 19(3)), and the warrant filing requirement adds an administrative step (s 19(5)).

Regulatory discretion to exempt persons. Regulations may exempt persons or classes from parts of the Act (s 54(2)(a)) and may declare whether a person or body is a State authority for purposes of the Act (s 2 definition). This leaves open that some service providers, private actors or categories of persons may be carved out by regulation, and that coverage of the Act can change administratively.

Staged implementation and transitional limitations. The 2018 amendments included transitional arrangements limiting initial scope to prescribed vulnerable adults (Sch 1). That staged roll‑out can create uneven obligations across regions or cohorts and demands caution when advising clients about the Act’s immediate applicability.

Penalties and who prosecutes. Several offences have maximum penalties specified, but s 50(7) restricts who may commence proceedings for the offence of personal victimisation to police or persons approved by the Commissioner of Police or the DPP. Advisers must note where private prosecution routes are not available and where public prosecutorial discretion will determine enforcement.

Flexibility of Court procedures. The Magistrates Court is not bound by the rules of evidence in Pt 4 proceedings and determines facts on the balance of probabilities (s 34). This increases the range of admissible material in safeguarding proceedings, which is useful for rapid protective relief, but also increases unpredictability in contested factual hearings.

Delegation and diffusion of responsibility. The Director, the Chief Executive and others may delegate functions widely (ss 10, 16, 39). Delegation instruments are revocable at will and may be conditional. While delegation enables operational scaling, legal responsibility for decisions may be diffuse, and delegation decisions should be documented in writing to maintain accountability.

Overlap with other complaint routes. The Director can refer matters to professional regulatory bodies and make complaints under the Ombudsman Act and the Health and Community Services Complaints Act on behalf of vulnerable adults (ss 27-29). This multiple pathway environment creates potential duplication of process and requires careful coordination to avoid prejudicing parallel investigations.

Publication and confidentiality trade‑off. The Ombudsman may publish reasons for a determination in the public interest but must not include identifying information about the vulnerable adult (s 40(9)). Conversely, s 49 imposes confidentiality obligations on administrators. Entities must manage publishing obligations while protecting identities and complying with confidentiality duties.

Governance and appointment. The Department must ensure the Adult Safeguarding Unit is established (s 13(1)) and that the Director is appointed with Ministerial approval (s 7(2)-(3)). Agencies should document the Unit’s composition, delegation instruments, and identity card issuance procedures for authorised officers as required by s 18(3). Delegations must be in writing and can be conditional; maintain a register of delegations and any revocations in accordance with ss 10(2), 16(2) and 39(2).

Reporting channels and procedures. Set up a clear reporting pathway to the Adult Safeguarding Unit consistent with any requirements determined by the Director under s 22(2). Inform staff and contractors that reporting to the Unit is voluntary but that they may also report to other bodies. Establish procedures for receiving and triaging reports to enable prompt assessment in line with regulatory requirements (s 23(1)) and to record reasons for actions taken under s 23(4).

Assessment, consent and documentation. Embed the statutory presumption of capacity in practice and ensure assessors understand the Act’s functional test of impaired decision making (s 5). Obtain and document consent before taking action where practicable, and where acting without consent rely explicitly on an exception in s 24, documenting Director approval where required. Maintain contemporaneous records of assessments, steps taken under s 23(3), and the factual basis for any decision to decline further action (s 23(3)(c)).

Interacting with other agencies. If a matter is referred under s 25, ensure referral letters specify the scope and expected timeframe for addressing the matter and that the recipient understands their obligation to report back to the Director as soon as reasonably practicable after dealing with the matter (s 25(4)). Coordinate with the Ombudsman and Health and Community Services Complaints Commissioner where the Director lodges complaints on behalf of vulnerable adults (ss 28-29). Map overlaps with police, child protection, mental health and other statutory bodies and prepare memoranda of understanding where appropriate to avoid duplication and protect vulnerable adults.

Information governance and data sharing. Prepare protocols for responding to notices under s 23(6) and s 42(1), including statutory timeframes and verification requirements. Design and apply de‑identification processes consistent with s 43(3)-(4) for statistical reporting and where information can be shared without identifying individuals. Ensure disclosure under s 44 is logged and justified by statutory purpose. Reconcile these obligations with the Public Sector (Data Sharing) Act 2016 and relevant privacy legislation, noting that s 45 preserves the operation of the Data Sharing Act.

Authorised officers and warrants. If your organisation anticipates engaging with or being visited by authorised officers, ensure staff are trained to request and inspect identity cards and authorisation documents (s 18(4)). Establish procedures for response to entry and inspection requests, including protocols for dealing with warrants and for verifying whether Director approval has been obtained for emergency entries under s 19(2)(b). If your organisation may be called upon to assist, maintain orderly books of account and records and a secure process for copying, removal for copying and return consistent with s 19(1)(d)-(f).

Confidentiality and permitted disclosures. Train staff on the limited confidentiality exceptions in s 49(1)(a)-(f) and the prohibition on using disclosed information for other purposes (s 49(3)). Maintain protocols for lawful use, secure retention and appropriate destruction of information gathered under the Act. Where disclosure to other bodies is contemplated under s 43, document the statutory basis and the recipient’s lawful authority to receive information.

Court applications and proceedings. Where the Director seeks court orders under s 31, ensure legal representation is engaged and that the vulnerable adult is given a reasonable opportunity to be heard unless the Court otherwise directs (s 35). Prepare factual material suitable for a Magistrates Court acting under s 34, bearing in mind that evidence can be admitted flexibly and facts are determined on the balance of probabilities. For providers, be ready to respond to subpoenas, produce records and manage staff communication in a way that protects privacy and maintains compliance.

Internal review processes. Implement an internal review pathway aligned with s 38, including notice procedures, timelines and recordkeeping to comply with the requirement that internal review applications be made in the form and within the timeframe determined by the Chief Executive (s 38(2)). Ensure that decisions subject to internal review have been properly documented so that the Chief Executive can confirm, vary or reverse on review (s 38(3)).

Ombudsman engagement. Where an applicant seeks external review under s 40, cooperate with the Ombudsman and any settlement processes. Be aware the Ombudsman can dismiss unreasonable or vexatious applications (s 40(3)) and may publish reasons in public interest subject to non‑identification of the vulnerable adult (s 40(9)).

Compliance with codes and the Charter. Monitor and implement obligations to have regard to the Charter and to comply with codes of practice where reasonably practicable (ss 20(6), 21(5)). Publish internal policies that reflect Charter principles such as presumption of capacity, least restrictive interventions, dignity in risk and involving the vulnerable adult in decisions (s 12). Ensure staff training and service design incorporate these principles.

Administrative and recordkeeping obligations. Maintain records for annual reporting obligations for the Office and the Unit (ss 11, 17) and keep logs of notices served, compliance outcomes, referrals, investigations and Court applications. Document any instances of refusal to comply by State authorities and follow s 42(4) reporting and annual report inclusion requirements where applicable.

Risk management and workforce protections. Implement policies to prevent victimisation of reporters and whistleblowers, noting s 50 makes victimisation an offence and provides civil remedies. Provide training to staff to avoid making false or misleading statements, as s 48 makes dishonesty in Act information an offence. Establish processes for safe reporting and to protect employees and volunteers from detriment alleged to be caused by making or intending to make a report.

Regulations and monitoring. Track the development of regulations under s 54 which may alter exemptions, create new offences or incorporate codes or standards. Because regulations can carve out classes, prescribe information types for s 43 or set proof facilitation, ensure the organisation’s compliance program remains current with regulatory changes.

Practical checklists. For providers and agencies, key immediate actions include:

Appoint a compliance lead to liaise with the Unit and the Director.
Create an internal reporting form and triage checklist aligned to s 23 assessment criteria.
Train staff on capacity assessment consistent with s 5 and on consent exceptions in s 24.
Establish secure document production processes to respond to s 19 and s 42 notices.
Issue and manage identity verification protocols for authorised officer interactions per s 18.
Embed Charter principles and prepare to publicise required Charter and code materials as published by the Minister (s 20(5), s 21(3)).

Advisers should note that many operational details will be determined by regulations and Ministerial instruments. Monitor legislative and regulatory updates, the Unit’s published requirements for reporting (s 22(2)), and public communications from the Office for Ageing Well to align compliance practice with statutory expectations.

Ageing and Adult Safeguarding Act 1995

Plain English Summary

Deep Dive

What it does

Current sections

Ageing and Adult Safeguarding Act 1995

Source text: opening excerpt

1 Ageing and Adult Safeguarding Act 1995

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply