Ageing and Adult Safeguarding Regulations 2019

Consultation Process

Now Closed

This online engagement was hosted on YourSAy from 18 February 2019 to 29 March 2019. Below is a record of the consultation process.

What is being decided?

The abuse of vulnerable adults is unacceptable. It is never justified. New laws have recently been passed by the Parliament of South Australia to set up a new Adult Safeguarding Unit, which is expected to start later in 2019. 

The Office for Ageing Well (formerly Office for the Ageing) is seeking your feedback to inform the development of Regulations to support the implementation of the new laws. 

Draft Ageing and Adult Safeguarding Regulations 2019 and a discussion paper have been prepared based on previous feedback received from the community and key organisations.

The regulations will provide the detail around the operation of the Adult Safeguarding Unit, including the following areas which we are inviting you to consider:

• Meaning of abuse
• Providing consent
• Referral following reports
• Information sharing

How can you get involved?

Read the draft Ageing and Adult Safeguarding Regulations 2019 and the discussion paper and provide your feedback by:

• Completing the survey
• Submitting your feedback to officeforageingwell@sa.gov.au 
• Posting a written submission to Office for Ageing Well, PO Box 197, Rundle Mall, Adelaide SA 5000
• Faxing a written submission to 08 8204 2430

Submissions must be received by 5.00pm (ACST) 29 March 2019.

How will your input be used?

Your feedback will help inform the Regulations to support the implementation of the changes to the Ageing and Adult Safeguarding Act 1995 and the operation of the new Adult Safeguarding Unit.

It is expected that the Regulations will be made and published later in 2019.

Closing Date: 5pm Friday 29 March 2019

Background

Now Closed

This online engagement was hosted on YourSAy from 18 February 2019 to 29 March 2019. Find out more about the consultation process. Below is a record of this engagement.

Parliament passed the Office for the Ageing (Adult Safeguarding) Amendment Act 2018 in November 2018. The Act makes important changes to the Office for the Ageing Act 1995 to help ensure that the rights of older South Australians and other adults who may be vulnerable to abuse or neglect are upheld. 

Importantly, the Act establishes an Adult Safeguarding Unit, to be located in the Office for Ageing Well (formerly the Office for the Ageing), which will focus on the prevention of abuse and neglect of adults. The Unit will complement the role of the police and other government and non-government organisations by providing the South Australian community with an approachable, empowered body that will be responsible and accountable for receiving and responding to reports where an adult may be experiencing or at risk of abuse or harm.

The new Adult Safeguarding Unit, once established, will:

• Receive voluntary reports of abuse, suspected abuse or neglect.
• Support the person to exercise their human rights – that is, making decisions about their own lives to live in a manner of their choosing, while safeguarding and protecting them from serious harm.
• Assess, investigate and provide a response to all reports made.
• Refer, where necessary, to other organisations with relevant expertise to help the person safeguard their rights and mitigate against abuse.
• Always gain the consent of the adult concerned, except in some limited circumstances.
• Have staff who will be ‘authorised officers’, who will have powers to make inquiries. Authorised officers will be able to require any person to answer questions or provide information and records about the circumstances of the adult involved.
• Work closely with a range of government and non-government organisations, where required.
• Develop a safeguarding plan for the adult involved.
• Provide advice about available services or supports they may be eligible for, including legal, aged care, mediation, financial and/or social support.

The Unit is not set up as a regulatory body to monitor other organisations, nor does it have the power to punish perpetrators of abuse.

For the first three years of operation, the Unit will be legally obliged to respond to reports of abuse or neglect relating to people aged 65 years and over, and Aboriginal or Torres Strait Islander people aged 50 years and over. After that, it will extend its reach to all adults regardless of their age.