Ageing and Adult Safeguarding Act 1995

This Act may be cited as the Ageing and Adult

Safeguarding Act 1995.

In this Act, unless the contrary intention appears—

abuse, in relation to a relevant adult—see section 4;

Adult Safeguarding Charter of Rights and

Freedoms or Charter means the Adult Safeguarding

Charter of Rights and Freedoms prepared by the Minister under

Part

4Division 1, as in force from time to time;

Adult Safeguarding Unit means the Adult

Safeguarding Unit established in accordance with section 13;

authorised officer means an authorised officer under section 29;

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 4Division 2, as in force from time to time;

consent means a free and voluntary decision;

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);

relevant adult—see section 3;

relevant matter means—

a report under this Act, as defined in subsection (3); or

a matter assessed on the Director's own initiative in accordance with section 23(2);

safeguarding—see section 4A;

State authority means—

a person who holds an office established by an Act;

or

a public sector agency; or

South Australia Police; or

a local council constituted under the

Local Government

Act 1999; or

an incorporated or unincorporated body—

established for a public purpose by an Act; or

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

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

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.

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.

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).

For the purposes of this Act, a reference to a relevant adult will be taken to be a reference to a person who is

18 years or older who may be vulnerable to abuse.

For the purposes of subsection (1), whether an adult may be vulnerable to abuse is to be determined by reference to the circumstances of the adult as they exist at the material time.

For the purposes of this Act, abuse of a relevant adult means an act or series of acts, including a failure to take appropriate action, occurring within a relationship of trust, dependency or imbalance of power, that causes harm to a relevant adult.

Without limiting subsection (1), abuse may include 1 or more of the following:

financial abuse;

physical abuse;

psychological or emotional abuse;

sexual abuse;

neglect;

social abuse.

For the purposes of this Act, safeguarding, in respect of a relevant adult, means supporting the relevant adult to promote and protect their health, wellbeing and rights or, where required, protecting, or supporting others to protect, the relevant adult's health, wellbeing and rights, with the goal of enabling the relevant adult to live free from abuse.

For the purposes of this Act, serious abuse of a relevant adult means abuse of a kind referred to in section 4 which has had, or is likely to have, a significant impact on the relevant adult.

For the purposes of this Act, serious financial abuse of a relevant adult means the improper use of a relevant adult's assets or the use or withholding of a relevant adult's resources to the extent that the abuse has caused, or is likely to cause, hardship to, or otherwise have a significant impact on, the relevant adult.

For the purposes of this Act, serious criminal offence means a criminal offence which has been, or is likely to be, committed against a relevant adult which has had, or is likely to have, a significant adverse impact on the relevant adult or their ordinary quality or standard of living.

Whether abuse, financial abuse or a criminal offence is serious is to be determined on a case‑by‑case basis with reference to the impact of the abuse or offence on the relevant adult to whom the relevant matter relates.

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.

For the purposes of this Act, a person will be taken to have

impaired decision‑making capacity in respect of a particular decision if—

the person is not capable of—

understanding any information that may be relevant to the decision (including information relating to the consequences of making a particular decision); or

retaining such information; or

using such information in the course of making the decision;

or

communicating his or her decision in any manner; or

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.

For the purposes of this Act—

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

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

a person may fluctuate between having impaired decision‑making capacity and full decision‑making capacity;

and

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.

Nothing in this Act limits the operation of the

Independent Commission Against Corruption

Act 2012.

The Parliament of South Australia recognises the United Nations

Convention on the Rights of Persons with Disabilities, the United

Nations Principles for Older Persons, the United Nations Declaration on the Rights of Indigenous Peoples and any other relevant international human rights instruments affecting relevant adults, as in force from time to time, as documents that are to inform, to such extent as may be reasonably practicable, the administration and operation of this Act.

The Office for the Ageing established under this Act continues as the Office for Ageing Well.

The Office for Ageing Well consists of—

the Director of the Office for Ageing Well (who is to be a Public

Service employee); and

such other Public Service employees as may be assigned or appointed to assist the Director.

A person cannot be appointed as Director, nor can the employment of the Director be terminated, except with the approval of the

Minister.

The objectives of the Office for Ageing Well include—

supporting South Australians of all ages to age well, unencumbered by stigma and discrimination; and

combating ageism and ageist attitudes across the South Australian community; and

promoting a life course approach to ageing focused on the unique needs and aspirations of older people, in recognition of the biological, social and environmental determinants of how people age; and

promoting the contributions, skills and experience that older people bring to the community; and

promoting social structures in which older people are able to realise their full potential as individuals and as members of the community;

and

promoting a social ethos in which older people are accorded the dignity, appreciation and respect that properly belong to them;

and

ensuring that the diverse nature of the community is reflected in the planning and implementation of programs and services relevant to older people; and

achieving a proper understanding within the community of the challenges experienced by older people and addressing those challenges so far as it is practicable to do so by promoting the modification of social structures and attitudes.

The functions of the Office for Ageing Well are—

to advocate for and promote age friendly and inclusive environments and communities, including through partnering, collaborating and consulting with Commonwealth, State and local government, non‑government and community organisations, business, the community and older South Australians;

and

to undertake awareness raising activities and disseminate information relating to the safeguarding of older people's rights and raise awareness of issues affecting, and opportunities for, older people;

and

to compile data and monitor trends and policy and service impacts relating to older people and, as the Director considers appropriate, make appropriate representations to the Minister and other relevant persons and bodies; and

to assist in the development and coordination of State government strategies and policies affecting older people and contribute to and influence strategies, policies, planning, service development, programs and initiatives affecting older people and, for those purposes, to engage and consult with older people, providers of services to older people and organisations for the benefit of, or representing the interests of, older people and other stakeholders; and

to take steps to ensure as far as practicable that the interests of older people are considered when programs or services that may affect them are being developed or implemented; and

where practicable, to actively foster and seek the involvement of older people, providers of services to older people and organisations for the benefit of, or representing the interests of, older people in the development and implementation of programs or services that are intended for the benefit of older people or that will have a specific effect on them; and

to undertake or commission research into matters affecting people as they age; and

to keep social attitudes towards older people under review and to promote a better understanding of older people within the community;

and

to promote action to overcome age‑related discrimination in employment; and

to keep under review the unique and diverse needs of individual groups of older people, including older people who are Aboriginal or Torres

Strait Islander, culturally and linguistically diverse, gender or sexually diverse, living with disability, living with mental illness, experiencing economic disadvantage or living in regional, rural and remote communities;

and

to consult with older people in relation to the means of promoting their interests and, as the Director considers appropriate, to represent the views of older people to the Minister; and

to report to the Minister on any matter relating to older people referred by the Minister; and

to provide information and run community education and awareness‑raising initiatives on matters relating to older people, for purposes including supporting the Adult Safeguarding Unit in exercising their powers and performing their functions under this Act; and

to carry out such other functions as may be assigned to the Office by the Minister or under this or any other Act.