Legislative Council Fifty-Fifth Parliament, First Session (55-1) 55 1 Parliament of South Australia Legislative Council published Bills Ageing and Adult Safeguarding (Review Recommendations) Amendment Bill Ageing and Adult Safeguarding (Review Recommendations) Amendment Bill Ageing and Adult Safeguarding (Review Recommendations) Amendment Bill Second Reading Second Reading The Hon. E.S. BOURKE Legislative Council Minister for Infrastructure and Transport Minister for Recreation, Sport and Racing Minister for Autism Minister for Emergency Services and Correctional Services The Hon. E.S. BOURKE (Minister for Emergency Services and Correctional Services, Minister for Autism, Minister for Recreation, Sport and Racing) (17:09): I move: That this bill be now read a second time. I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them. Leave granted. I am pleased to introduce the Ageing and Adult Safeguarding (Review Recommendations) Amendment Bill 2025. The Bill amends the Ageing and Adult Safeguarding Act 1995. The Ageing and Adult Safeguarding Act was first introduced in 1995, establishing an Office for Ageing Well with responsibility for leading the Government of South Australia's commitment to support all South Australians to age well and to remain active and engaged in the community. The Office performs a range of functions and has a broad mandate to lead, promote and support strategies, programs and initiatives across the social and structural determinants of health and wellbeing, adopting a life course approach to ageing well. These functions are as critical today as they were when the Office was first established. In 2018 the Parliament of South Australia amended the Act to introduce an Adult Safeguarding Unit—the first of its kind in Australia. The Unit commenced operations in October 2019 and its remit was phased in over three years. Recognising that the Unit was the first of its kind in Australia, the Parliament included a requirement that the Minister cause an independent review of the operation of the Act to be conducted, and a report on the review submitted to the Minister, before the third anniversary of the commencement of the Amendment Act. Indeed, since this time, the adult safeguarding landscape has matured considerably, and has been influenced and strengthened in response to matters such as the tragic death of Ann Marie Smith, the Disability Royal Commission and the phased expansion of the remit of the Adult Safeguarding Unit to all vulnerable adults across South Australia. The South Australian Legal Reform Institute (SALRI) conducted the independent statutory review, and made a number of recommendations to modernise and strengthen the essential work occurring across South Australia, led by the Office for Ageing Well, to support all South Australians to age well, and to ensure all adults are safeguarded against abuse and mistreatment. The Bill gives effect to the government's response to the review's recommendations relating to the AAS Act. These amendments: modernise and update the objectives and functions of Office for Ageing Well to reflect the Office's current work and community expectations make clear that safeguarding is the primary purpose of the Adult Safeguarding Unit define safeguarding and increase flexibility within the Act to better reflect the role of the Unit, including expressly providing that the Unit can take safeguarding actions at any time after an assessment has commenced (where appropriate) define key terms, including 'relevant adult', 'abuse', 'consent', 'serious abuse', serious financial abuse' and 'serious criminal offence' make clear the circumstances in which an investigation may be undertaken and the information relating to an investigation that must be recorded include an explicit power that the Unit may refer a matter to South Australia Police at any time following receipt of a report enable assessment outcome information to be shared with people who make reports to the Unit where it is safe, practicable, appropriate and in line with the principles of the Act ensure information about the identity of people who make reports is kept confidential provide greater clarity about the review process for people who are aggrieved by a decision made by the Unit confer the roles and powers presently found in sections 31 to 37 of the Act upon the South Australian Civil and Administrative Tribunal (SACAT) instead of the Magistrates Court broaden the parties who are eligible to apply to SACAT for an order, and provide for the amendments to be reviewed in five years' time. In addition, the Bill incorporates some additional amendments that were not considered by the independent review. Some of these amendments were made in response to feedback from stakeholders and others are recommended to support the effective operation and administration of the Unit. These amendments include: reference to relevant UN instruments that underpin the work of the Office for Ageing Well and Adult Safeguarding Unit acknowledge that the whole community plays a crucial role in supporting relevant adults to uphold their rights and live free from abuse make structural amendments to the AAS Act, including to better align with the sequential order in which the service delivery of the Unit occurs once the Unit receives a report and to group all authorised officer powers together in one division empower Adult Safeguarding Unit authorised officers to exercise their powers and functions when they are necessary to safeguard a person from suspected abuse strengthen the provisions of the AAS Act that relate to information-sharing and gathering clarify administrative arrangements under the AAS Act, such as powers of delegation, and include relevant consequential amendments. The amendments made by this Bill have been subject to wide-ranging consultation. During the review period, SALRI undertook a comprehensive consultation process with a broad cross section of the community comprising roundtables, focus groups, regional and metropolitan consultation sessions, stakeholder meetings and an online survey. The Office for Ageing Well also convened a stakeholder reference group and a lived experience reference group (with independent chairs) to inform review process. Targeted consultation was also undertaken with peak bodies and affected government agencies and statutory bodies during the drafting of the Amendment Bill. Thank you to the many stakeholders and community members who have shared their experiences and contributed to this important legislation. I commend the bill to the House and I seek leave to have the detailed explanation of clauses inserted in Hansard without my reading them. Explanation of Clauses Explanation of Clauses Part 1—Preliminary 1—Short title 2—Commencement These clauses are formal. Part 2—Amendment of Ageing and Adult Safeguarding Act 1995 3—Substitution of long title This clause substitutes the long title of the Act and is consequential on the amendments proposed by this measure. 4—Amendment of section 2—Interpretation This clause amends section 2 of the Act to provide new and updated definitions for terms used in the Act or proposed to be inserted into the Act. 5—Substitution of sections 3 and 4 This clause substitutes existing sections 3 and 4 to provide new and updated definitions for key terms used in the Act, as amended by this measure. 3—Meaning of relevant adult A relevant adult is defined as a person who is 18 years or older and who may be vulnerable to abuse. The term relevant adult replaces the term vulnerable adult which was previously used in the Act. 4—Meaning of abuse Abuse is defined for the purposes of the Act to include acts, or a series of acts, including a failure to take appropriate action, that occurs within a relationship of trust, dependancy or imbalance of power. Examples of kinds of abuse are also provided. This definition replaces the existing definition of abuse. 4A—Meaning of safeguarding Safeguarding is defined as a broad range of actions with the goal of enabling the relevant adult to live free from abuse. 4B—Meaning of serious abuse, serious financial abuse and serious criminal offence Definitions are provided for these terms, which are proposed by this measure to be used as thresholds for when the Adult Safeguarding Unit may take certain actions. The proposed section further provides that whether abuse of its respective kind is serious is to be determined on a case-by-case basis. 6—Insertion of section 6A This clause inserts proposed section 6A. 6A—International human rights instruments to inform administration and operation of Act Proposed section 6A provides that the administration and operation of the Act is to be informed by certain international human rights instruments. 7—Substitution of sections 8 and 9 This clause substitutes sections 8 and 9 of the Act. 8—Objectives of Office for Ageing Well Substituted section 8 provides new and updated objectives for the Office for Ageing Well. It also updates the language used to refer to older persons. 9—Functions of Office for Ageing Well Substituted section 9 provides new and updated functions for the Office for Ageing Well. 8—Amendment of section 10—Delegation Clause 8 amends the delegation power of the Director of the Office for Ageing Well to be consistent with standard powers of delegation. 9—Substitution of heading to Part 3 Division 1 Clause 9 substitutes the heading to Division 1 of Part 3 and is consequential on the insertion of section 11A proposed by this measure. Division 1—Primary purpose and principles 10—Insertion of section 11A Clause 10 inserts proposed section 11A. 11A—Primary purpose of Adult Safeguarding Unit Proposed section 11A provides that safeguarding is the primary purpose of the Adult Safeguarding Unit. 11—Amendment of section 12—Principles Clause 11 provides new and updated principles for the Adult Safeguarding Unit. It updates the language used in section 12 of the Act, consequential on other changes proposed by this measure. 12—Amendment of section 13—Separate Adult Safeguarding Unit to be established Clause 12 deletes subsection (3) of section 13, which has been relocated to section 15 of the Act. 13—Amendment of section 14—Composition of Adult Safeguarding Unit Clause 13 amends section 14 of the Act to provide consistency with other legislation as to how Public Service employees are referred to. 14—Substitution of section 15 Clause 14 substitutes section 15 of the Act. 15—Functions of Adult Safeguarding Unit Section 15 provides for new and updated functions of the Adult Safeguarding Unit. These changes are consequential on amendments proposed by this measure. 15—Amendment of section 16—Delegation Clause 15 amends the delegation power of the Director of the Adult Safeguarding Unit to be consistent with standard powers of delegation. 16—Repeal of Part 3 Division 3 Clause 16 deletes Part 3 Division 3 of the Act, which contains the authorised officer provisions, as these are proposed to be moved to Part 4 by this measure. 17—Amendment of heading to Part 4 This clause amends the heading to Part 4 to replace a reference to vulnerable adults with a reference to relevant adults and is consequential on other amendments proposed by this measure. 18—Substitution of heading to Part 4 Division 1 This clause substitutes the heading to Part 4 Division 1 to reflect the new name of the Charter, as amended by clause 19. Division 1—Adult Safeguarding Charter of Rights and Freedoms 19—Amendment of section 20—Charter of the Rights and Freedoms of Vulnerable Adults This clause amends section 20 to change the name of the Charter of the Rights and Freedoms of Vulnerable Adults to the Adult Safeguarding Unit Charter. It also replaces other references to vulnerable adults with references to relevant adults and provides that the Charter is to be developed by the Adult Safeguarding Unit rather than the Office for Ageing Well. 20—Amendment of heading to Part 4 Division 3 This clause amends the heading to Part 4 Division 3 to replace a reference to vulnerable adults with a reference to relevant adults and is consequential on other amendments proposed by this measure. 21—Amendment of section 22—Reporting suspected risk of abuse of vulnerable adults This clause amends section 22 to clarify the circumstances in which a report made to the Adult Safeguarding Unit need not be assessed in accordance with section 23, being a report made about alleged abuse that occurred before the commencement of the section, or a report relating to a person who has died. It also replaces references to vulnerable adults with references to relevant adults. 22—Substitution of Part 4 Divisions 4 and 5 This clause substitutes Divisions 4 and 5 of Part 4 of the Act. Division 4—Assessment and investigation of reports 23—Assessment Substituted section 23 adds to the existing assessment provision a statement that the purpose of an assessment is to determine whether a relevant adult is at risk of abuse and, if so, whether a safeguarding response should be undertaken. It also provides that following an assessment, the Director should notify the person or body who made the report unless it is not considered safe, practicable and appropriate to do so. It also updates the language used in the Act, consequential on other changes proposed by this measure. 24—Referral to regulatory agency etc Substituted section 24 simplifies the provisions, currently found in Part 4 Division 5 of the Act, which allow the Adult Safeguarding Unit to refer a report to investigatory, regulatory and other agencies where the Director is of the opinion that the matter would be more appropriately dealt with by that agency. It provides that a referral does not require the consent of the relevant adult and does not prevent the Adult Safeguarding Unit from taking further action. 25—Investigation Substituted section 25 provides further detail to the existing power of investigation. Under the new provision, an investigation may only be carried out for the purposes of gathering information and evidence to be used in potential SACAT proceedings that relate to the matter being assessed. 26—Record keeping etc Substituted section 26 provides that the Director must keep a record of each action taken in relation to a relevant matter, and that statistical information relating to those records must be included in the Adult Safeguarding Unit's annual report. Division 5—Safeguarding 27—Safeguarding responses Substituted section 27 provides further clarity as to what constitutes a safeguarding response, which is an action that may be taken following an assessment or investigation under the Act. Safeguarding responses include providing supports to a relevant adult, or assisting another organisation to provide such supports, or initiating or assisting in SACAT proceedings, such as guardianship proceedings or proceedings in relation to the orders provided for in Part 4 Division 6 of the Act. The section also provides that the implementation of a safeguarding response may be monitored by the Adult Safeguarding Unit, including through the use of authorised officer powers where appropriate. 28—Consent of relevant adult should be obtained before safeguarding response taken Substituted section 28 relocates existing section 24 of the Act. It amends the existing provision to provide that consent is only required for a safeguarding response. It also further provides that the Adult Safeguarding Unit may undertake a safeguarding response if the response is authorised by SACAT, or the risk of abuse to which the response relates amounts to a serious criminal offence or serious financial abuse. Division 5A—Authorised officers 29—Authorised officers Substituted section 29 relocates the existing authorised officer provision in section 18 of the Act. It amends that section to provide that an employee of the Department other than a member of the Adult Safeguarding Unit may be an authorised officer. 30—Powers of authorised officers Substituted section 30 relocates existing section 19 of the Act. It adds to that section to allow for authorised officer powers to be used for the purposes of an assessment or monitoring the implementation of a safeguarding response. 30A—Authorised officer may require information New section 30A relocates existing section 42 of the Act. It provides that a person may also be required by an authorised officer to provide a written statement or answer to questions. 23—Amendment of heading to Part 4 Division 6 This clause amends the heading to Part 4 Division 6 to reflect the change proposed by this measure to have relevant orders made by SACAT rather than the Magistrates Court. 24—Substitution of section 31 This clause substitutes section 31. 31—Director or eligible person may apply for SACAT orders Proposed new section 31 provides for applications in relation to a relevant adult to be made to SACAT, rather than the Magistrates Court. The new section allows for eligible persons, being the relevant adult, or a guardian or substitute decision maker for the relevant adult, to make such applications as well as the Director of the Adult Safeguarding Unit. 25—Amendment of section 32—Parties to proceedings This clause amends section 32 to clarify that the relevant adult is always a party to proceedings initiated under proposed new section 31 of the Act, while the Director of the Adult Safeguarding Unit is only automatically a party to proceedings they have applied for. However, the Director has a right to appear and be heard in any proceedings initiated by an eligible person within the meaning of proposed new section 31. 26—Amendment of section 33—Orders that may be made This clause amends section 33 to make changes to language consequential on other amendments proposed by this measure. 27—Repeal of section 34 This clause deletes section 34 from the Act and is consequential on the change proposed by this measure to have relevant orders made by SACAT rather than the Magistrates Court. 28—Amendment of section 35—Views of vulnerable adult to be heard This clause amends section 35 to make changes to language consequential on other amendments proposed by this measure. 29—Amendment of section 36—Right of other interested persons to be heard This clause amends section 36 to make changes to language consequential on other amendments proposed by this measure. 30—Amendment of section 37—Contravention of Court order This clause amends section 37 to make changes to language consequential on other amendments proposed by this measure. 31—Amendment of section 38—Internal review This clause amends section 38 to clarify that a review into a decision of the Adult Safeguarding Unit may be initiated or continued despite the fact that the relevant adult to which the review relates has died, if it is in the public interest. It also provides that the Chief Executive may request further information from an applicant for review, and that the review must be completed within the prescribed time. The clause also requires the Chief Executive to provide the applicant for review with the reasons for their determination in respect of the decision under review. 32—Amendment of section 39—Delegation This clause amends the delegation power in section 39 to be consistent with standard powers of delegation. 33—Amendment of section 40—External review by Ombudsman This clause amends section 40 to clarify that a review into a determination of the Chief Executive following an internal review may be initiated or continued despite the fact that the relevant adult to which the review relates has died, if it is in the public interest. 34—Amendment of section 41—Views of vulnerable adult to be heard This clause amends section 41 to make changes to language consequential on other amendments proposed by this measure. 35—Amendment of heading to Part 6 This clause amends the heading to Part 6 to reflect amendments to sections within that Part proposed by this measure. 36—Repeal of section 42 This clause deletes section 42 of the Act, the substance of which has been relocated to proposed new section 30A. 37—Amendment of section 43—Sharing of information between certain persons and bodies This clause amends section 43 to make changes to language consequential on other amendments proposed by this measure. 38—Amendment of section 45—Interaction with Public Sector (Data Sharing) Act 2016 This clause amends section 45 to reference the whole of the Act rather than just Part 6. 39—Amendment of section 46—Obstruction of person reporting suspected abuse of vulnerable adults This clause amends section 46 to make changes to language consequential on other amendments proposed by this measure. 40—Amendment of section 49—Confidentiality This clause amends section 49 to provide an exception to the confidentiality provision where information is shared for the purposes of assessing or responding to a potential risk to the safety of a person, or for any other purpose prescribed by the regulations. 41—Insertion of section 49A This clause inserts new proposed section 49A. 49A—Protection of identity of persons who report to Adult Safeguarding Unit Proposed section 49A makes it an offence for a person to disclose the identity of a person who has made a report to the Adult Safeguarding Unit unless that disclosure is made with the consent of the person who made the report, is otherwise required by law, or is otherwise necessary in the opinion of the Director. 42—Amendment of section 51—Protections, privileges and immunities This clause amends section 51 to provide that nothing within the Act affects the privilege against self-incrimination. 43—Substitution of section 53 This clause substitutes section 53 of the Act. 53—Review of Act Proposed new section 53 substitutes the review provision to ensure that a review of the Act, as proposed to be amended by this measure, is carried out within 5 years of these amendments commencing. Schedule 1—Transitional provisions 1—Interpretation 2—Charter 3—References to vulnerable adults 4—Delegations 5—Assessment 6—Investigation 7—Approval for acting without consent 8—Referrals 9—Authorised officers 10—Written notices 11—Internal reviews 12—External reviews These clauses provide transitional arrangements for matters relating to the Adult Safeguarding Unit and its functions which are proposed to be amended by this measure. Debate adjourned on motion of Hon. N.J. Centofanti.