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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-08-19 Daily Xml
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Ageing and Adult Safeguarding (Review Recommendations) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 4 June 2025.)

The Hon. Z.L. BETTISON (Ramsay—Minister for Tourism, Minister for Multicultural Affairs) (11:39): I rise today to speak in support of the Ageing and Adult Safeguarding (Review Recommendations) Amendment Bill 2025. This bill reflects the Malinauskas government's ongoing commitment to strengthen protections for vulnerable adults. As Minister for Multicultural Affairs, I recognise that these reforms represent an opportunity to improve the rights and experiences of our diverse communities within the aged-care sector.

The bill strengthens the objective for the Office for Ageing Well to promote respect and inclusion, which will have a particularly positive impact for South Australians from multicultural backgrounds. These amendments strengthen protections, improve access and embed cultural responsiveness into elder safeguarding.

The Ageing and Adult Safeguarding Act 1995 established the Office for Ageing Well to help South Australians age with dignity and stay active and connected with their communities. In 2018, amendments to the act led to the creation of the Adult Safeguarding Unit, the first of its kind in Australia. Initially responsible for handling reports of abuse involving older people and individuals with disabilities, the unit's role has since broadened to cover all vulnerable adults across South Australia. These amendments in 2018 included a requirement for an independent review of the act's operation within three years of the change.

Back in 2016, when I was Minister for Ageing, we led some very strong conversations around elder abuse, how to recognise it, what it is and how our legislative and policy work around it could be supporting it. We then saw some changes in 2018, and we are now here in 2025 to deepen the role of the work of the Office for Ageing Well and to understand the complexities within elder abuse and safeguarding of adults as well.

The South Australian Law Reform Institute (SALRI) carried out the review, engaging with a diverse group of stakeholders, including individuals with lived experience, government agencies and the wider community. The review proposed amendments to modernise and update the objectives and functions of the Office for Ageing Well to reflect current community needs and expectations.

Revised sections of the act aim to improve the effectiveness of the office and the unit, including clearer definitions. They strengthen safeguarding powers and improve processes for sharing information. The bill implements the government's response to those recommendations to reflect community expectations and emphasises safeguarding as the primary role of the Adult Safeguarding Unit.

The bill updates the definitions for key terms like 'relevant adult', 'abuse', 'consent' and 'serious abuse', to offer better clarity and guidance. It also permits the unit to implement safeguarding measures at any point once an assessment has started, allowing for a more prompt response to concerns. The changes make it clearer when investigations can happen, what information needs to be recorded and let the unit share information with people who make reports when it is safe to do so, while maintaining confidentiality.

One key change is that legal powers related to safeguarding orders will move from the Magistrates Court to the South Australian Civil and Administrative Tribunal (SACAT), which is expected to improve efficiency in this process. Based on further stakeholder feedback since the initial review, additional changes have been made to support the unit's work. These include acknowledging relevant United Nations agreements on safeguarding and highlighting the important role the community plays in protecting vulnerable adults. The bill will be reviewed in five years' time to ensure that these amendments have improved processes and outcomes.

I think it is really important to see the work that we are leading here in South Australia. As I said before, back in 2016 we started to talk about elder abuse, there were changes in 2018, and there are amendments that are there to discuss what we mean by this and how to help. I do think that movement from the Magistrates Court to SACAT will provide increasing efficiencies, and, particularly when understanding what goes for a particular case for a particular person, the ability for the safeguarding unit to respond to appropriate measures will be really important.

I would like to talk a little bit about what the Adult Safeguarding Unit does. It started in 2019 and it has played a key role in protecting South Australians from abuse and neglect. The unit works with adults, so they are involved in decisions about their own safety and care, unless they are unable to make decisions or are in serious danger. I think that is really important here, because as we age we often hear people talk about their sense of agency and losing control over their decision-making. When you talk about the Adult Safeguarding Unit, the key proposition is putting that person at the centre of decision-making.

Often these are very complex, challenging issues about where that person might be living, their financial situation and the kind of medical treatment they are receiving. Obviously, there is complexity within family arrangements about how that happens and who is supporting that person as they age. Most importantly, this is a free, confidential service providing advice, information and support and every year thousands of South Australians use this service.

In 2023-24, the unit received more than 3,300 contacts, including more than 1,600 reports of suspected abuse, most involving older people and people with disabilities. Emotional and financial abuse are the most commonly reported, often involving a family member. We have to remember, when these questions are asked, it might be a friend of the person involved, it might be a neighbour, it might be someone who they catch up with in a community service situation, or it might be a doctor. The key thing about the safeguarding unit is that those questions can be asked and the report can be made and it will be followed up and looked into.

The unit looks into reports and works closely with other services to respond to concerns and provide support. It also runs education sessions for the community, professionals and service providers to help raise awareness and prevent abuse. This work supports other efforts like the Office for Ageing Well's annual elder abuse prevention Tackling Ageism campaign. That campaign encourages everyone in South Australia to understand how ageism can lead to abuse and how changing our attitudes towards older people can help create a safer, more inclusive society for people of all ages.

Obviously, the Office for Ageing Well is involved in many different things, as well as the Adult Safeguarding Unit, and I think the conversation still needs to keep happening so that we have a deeper knowledge of what we mean by this. What do we mean by safeguarding? What are the areas of abuse we need to look at?

I recognise that during the Royal Commission into Domestic, Family and Sexual Violence, Belinda Lake, the chief practitioner of the Adult Safeguarding Unit, explained how the unit supports people at risk of experiencing abuse, or who have experienced abuse. She was able to give a submission and spend time during these hearings to look at the shared stories, data and insights that showed just how important the unit's work is.

I do not want to discuss the importance of this work they do without recognising the complexities of this work. It often occurs in very challenging family situations, with confusion around systems or a lack of trust in services, The work that they do at the Adult Safeguarding Unit is incredibly important. While I am reading it here from a piece of paper about the services they offer and how they care for people and understand the system, I think we have to give them incredible recognition and credibility for understanding those complexities and putting that older person at the centre of this decision-making as well.

The changes in this new bill will help the unit continue to work more effectively and efficiently, as highlighted during the royal commission. In summary, this Ageing and Adult Safeguarding (Review Recommendations) Amendment Bill strengthens laws in South Australia to better protect vulnerable adults. It gives clearer powers and processes to both the Office for Ageing Well and the Adult Safeguarding Unit, while still respecting the rights of the individuals they support.

The updated laws are based on real-life experiences and national and international best practices and aim to meet the changing needs of vulnerable people in our state. Most importantly, the law recognises that safeguarding vulnerable adults is something we all have a role in, whether that be for our own family or friends or those we encounter in the community in our everyday lives. I thank the minister for her work in this area and I recognise and support this bill.

Ms PRATT (Frome) (11:49): I rise as the opposition's lead spokesperson on the Ageing and Adult Safeguarding (Review Recommendations) Amendment Bill 2025, acknowledging, of course, the importance of safeguarding and to commit early on to the passage of this bill and that safeguarding is a bipartisan priority. Protecting older South Australians and vulnerable adults is non-negotiable.

Moral responsibility is certainly a thread through the importance of this legislation to ensure that older people and people living with disability are safe from abuse, neglect and exploitation. As the lead speaker for the opposition, we recognise the role of the Adult Safeguarding Unit, also referred to as the ASU, as a first of its kind initiative in Australia. We have heard that refrain through the chamber in the minister's own second reading speech before the winter recess and again today, and I am actually going to read it word for word with a little addendum. The government's praise of this first of its kind initiative was to say that:

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.

That has now been read into Hansard three times. The addendum I have the privilege to add is, of course, that it was during the time of the former Marshall Liberal government and it is a credit to two ministers at that time, the Hon. Stephen Wade and the Hon. Michelle Lensink of the other place, who, as ministers, would have had carriage of the importance of the ASU and, as the house will reflect on some tragedies during that term of government, the significant and important need for the unit to be established.

So why are we here and what are the drivers of this reform? Sadly, we reflect on the tragic death of Ann Marie Smith whose passing in April 2020 was a story of such significance that really we should never forget her legacy and the life she lived. Those failures were revealed to be quite devastating.

This bill is also being influenced by the federally conducted disability royal commission, which was established after seeing an urgent need for stronger protections, early intervention and accountability. But I do have to add at the start of this parliamentary session, after a winter recess of a couple of months, that this is another piece of legislation that has been with the government for consideration for some time. One of the reasons for the delay in it being introduced and even for a briefing being offered was that the state government explained it needed to wait for the federal government to consider the recommendations that came from the disability royal commission, but when we add up all those delays they are very lengthy.

There was the lengthy delay of 10 months we saw before the commonwealth released its initial response, which was in July 2024. The state government explained to the opposition that its own delay was needing to wait on the federal government's full response and to consider what the state obligations would be and perhaps what share of those responsibilities our state might carry. So six years after the Adult Safeguarding Unit was established, three years after the SALRI review was released, two years after the royal commission was concluded, and 12 months since the commonwealth signalled which recommendations it would support, we are finally here. Lucky it was not urgent.

The SALRI statutory review conducted broad consultation with very detailed recommendations—I think there were 46. Some of the stakeholders included Council on the Ageing (COTA), the Aged Rights Advocacy Service (ARAS), multicultural and Aboriginal groups, and disability advocates. It is clear that the community really has been long calling for clearer powers, better processes, and stronger definitions.

In reflecting on that delay to this chamber, questions were asked, certainly through that consultation process, as to how we balance the autonomy and the safeguarding of vulnerable adults. I am going to take some time in my response this morning to reflect on SALRI’s review and recommendations, and its feedback at the time when it released its review—that was in November 2022.

It had a lot to say and the authors are widely respected for the significant work they do and I think it is important to honour that and to have it recorded here. SALRI conducted an independent statutory review and, as I said, it was completed in November 2022, and presented to the government. It offered many recommendations to modernise and strengthen the act that governs service providers, courts, and individuals who are tasked to keep our most vulnerable safe against abuse and mistreatment.

I wish to thank lead SALRI researcher and report co-author Divya Narayan, as well as her colleague, counterpart and co-author Professor David Plater—known to many. The Director of SALRI, the University of Adelaide’s Professor John Williams, said:

SALRI assessed the future of adult safeguarding in South Australia and considered the wider impacts of legislative changes in the adult safeguarding service landscape…SALRI considered current law and practice through its wide-ranging consultation with a diverse range of stakeholders and community members and [had] made [at that time] 46 recommendations to improve the operation of the Act as well as the bodies implementing the Act.

Professor John Williams said:

SALRI’s report seeks to balance the autonomy of the adult who might be vulnerable to abuse with the need to safeguard such individuals from abuse and exploitation. Our recommendations reflect the Act’s strong focus on upholding human rights by respecting the autonomy, dignity, and presumption of decision-making capacity of an adult.

SALRI’s review highlighted the importance of defining and addressing coercion, gaslighting, consent and capacity. The University of Adelaide’s Associate Professor David Plater, Deputy Director of SALRI, who was also the lead author of the report, went on to say:

In some circumstances, such as the risk of serious physical or financial abuse or where a victim truly lacks capacity, the ASU should be entitled to take action without the victim’s consent.

We see elements of that now in the bill before us. SALRI’s review received input from agencies and organisations, community members and the media. SALRI received 60 submissions and 182 responses to its consultation survey, which informed SALRI’s understanding about the operation of the Ageing and Adult Safeguarding Act, as well as options for potential changes to present law and practice.

SALRI’s consultation included interested parties and agencies, community members, academics, legal and health practitioners, the disability community, aged-care groups, multicultural communities and groups representing older people. I think it is really important to add, particularly as a country member, that SALRI also made regional visits to Port Pirie, Port Augusta, Clare, Port Lincoln, Berri, Whyalla, Naracoorte and Mount Gambier to conduct community consultations.

SALRI has a focus on active and inclusive engagement with regional and Aboriginal communities. I thank them again for their concerted efforts to undertake that wideranging and widereaching consultation process with regional and remote communities to ensure that what they put forward in their final review, along with the 46 recommendations, really signalled to the government—and now to the chamber—what reform was going to be required.

The nature of the bill and what it does, not to speak for the government, is to reflect on the 46 recommendations that SALRI put forward in their review, to adopt most of them and to present the house with 43 amendments that are wideranging, touching almost every part of the act. Some of those key changes include:

replacing 'vulnerable adult' with the words 'relevant adult';

updated definitions of abuse, serious abuse and financial abuse;

embedding references to the United Nations Human Rights Instruments;

expanding the unit's functions, including safeguarding systemic advocacy and early intervention;

codifying assessment investigation processes;

stronger information sharing of confidentiality, including protections for those who make reports;

consolidating authorised officers' powers, including limited ability to act without consent;

shifting certain order-making powers from the Magistrates Court to SACAT; and

technical administrative updates, including a mandatory five-year review.

We intend to move into committee when second reading speeches have concluded. The opposition, through its briefing with the minister, as well as in committee, have and will flag some concerns and raise questions which we aim to explore and resolve.

To speak to the current capacity of the unit, where stakeholders like COTA and ARAS warned of a possible lack of capacity, the Council on the Ageing (South Australia) noted in its own submission to SALRI that, while the Adult Safeguarding Unit represents an important step forward, its current resources may be insufficient to meet the broadened mandate, emphasising the need for proper staffing and regional coverage. It suggested that a proper reporting framework of adult safeguarding might seek to answer questions, including how is efficacy defined and measured, how is it reviewed on an ongoing basis and is the service of the ASU the best way to safeguard adults from abuse?

ARAS highlighted the complexity of elder abuse and the necessity of adequate support for older adults, stressing that agencies like the ASU require sufficient resources to carry out safeguarding, advocacy, early intervention and enhanced information-sharing functions effectively. These concerns underscore the need for adequate resourcing to ensure the unit can effectively carry out its expanded functions, including safeguarding, systemic advocacy, early intervention and stronger information sharing and confidentiality measures.

This bill gives the ASU broader remit without guaranteeing more staff funding or regional coverage. We certainly will strive with the passage of this bill to deliver the balance between autonomy and intervention. New powers, through this bill, will allow authorised officers to act without consent in urgent or high-risk cases. While sometimes that will be necessary, there must be safeguards against any overreach or a perception of overreach.

How will adults' autonomy and rights to make their own decisions be upheld? The SACAT civil tribunal capacity and accessibility jurisdiction shift we will see from the Magistrates Court to SACAT is predicted to streamline processes but will just be raised shortly for a second time with the government. There is certainly a need to test the government's preparedness to resource these changes and to query what training will be provided, and I am sure we will get to that shortly; and, of course, will regional and remote South Australians have fair and timely access to these new provisions?

The opposition's position, as I stated at the beginning, is to signal support for this bill and making allowance, of course, for the very long passage of time, we commit to the house that this legislation is too important to delay any further after the committee stage has concluded.

The opposition supports the safeguards in full and in principle, but without appropriate resources, accountability and real-world delivery, we certainly do not want to entertain the idea that vulnerable adults might remain at risk. Governments of all persuasions must be held to account for ensuring a robust, resourced and responsive safeguarding system. We have seen human failure, negligence and character flaws inflict physical and psychological harm and, sadly, we need strong laws to deter and then enforce our expectations of how older people and people with disability are treated. I commend the bill to the house.

Ms SAVVAS (Newland) (12:06): I rise today to speak in support of the Ageing and Adult Safeguarding (Review Recommendations) Amendment Bill. This is a really important bill and I would like to speak about it today as a member of parliament who represents an electorate with a particularly significant ageing population. It has been one of the great privileges of my role to have conversations and to continue to engage with older residents in my community.

In my electorate we have over 8,000 seniors, which is over a third of my electorate. My understanding is, although I have not fact checked this exact stat, we have the most people living in aged care or retirement villages of any electorate, so it is a significant proportion of my residents who fall into that category.

As a result of that, it has been important for me to engage with seniors in my community in a really meaningful way. Over the past few years, we have hosted seven seniors' forums, not just external forums where we host at community clubs for all residents to come in but also on site at retirement villages within my electorate, which has been a really important and accessible way for those residents living in villages to access important information and services in my local community.

It has been a really wonderful experience to engage with residents at those forums and to also take on their feedback with respect to what information they would like more of, what information is most relevant and, of course, what is missing from the information that they are already being provided. Throughout that period, we have made continuous improvements to our structure, to our presenters and to our stall hosts directly in response to feedback from members of our community. It has been that feedback that has really shaped the way that we continue to communicate with our community, as well as the dialogue that I have with relevant agencies.

A lot of the speakers we have have come as a result of feedback from those community members. Last week, I hosted a forum on site at one of our villages and we had a presentation from the Falls Prevention Unit from the Lyell McEwin Hospital. Again, that was a recommendation from a resident who attended who had recently had a fall. We know that in the particular village where I was hosting this forum that falls have increased in number and that was something that was particularly relevant to residents in that community.

In the time that I have been hosting these forums, thus far we have had presentations from the Office for Ageing Well speaking about the Seniors Card and other services that are offered, we have had Human Services talking about My Aged Care and also about Centrelink, we have had the falls prevention service, as I mentioned, and we have had the active ageing team from my local council, the City of Tea Tree Gully. We have also had the waste prevention service from the City of Tea Tree Gully, which is always particularly popular because the Tea Tree Gully Council come along with these magnets that tell you what and what not to put in your bins and these magnets go like hot cakes.

As well, last week, the falls prevention service brought the NALHN grippy socks that you get in hospital if you are staying at the Lyell McEwin or at Modbury. They were handing out these grippy socks to the older residents, which also was something that was very well received.

We have also had the Aged Rights Advocacy Service, who I have spoken a lot about, who you can contact if there are questions that you may have, particularly with respect to living arrangements in those villages, noting that we do have 11 retirement villages in my electorate and that this is something really important for my community. We have had the Cancer Council; we have had Dementia Australia; we have had the MFS, who do an excellent presentation on fire safety; we have had SAPOL; and the list goes on. It has been a really wonderful opportunity for people to hear from those services, have them in one place and also ask questions of relevant agencies with respect to their own specific concerns.

On a personal level, some would know that I am the carer for a somewhat vulnerable adult who has now been placed in residential care. It has given me a particular understanding of the complexities of care supports, but also, I think, an understanding of dignity for those in our community who are most vulnerable. My stepdad has gone into care at Bene, the Italian village in my electorate, which is also where I started off my working journey with my work experience in year 10. Him being housed in an aged-care facility that predominantly caters to migrants and those who speak Italian has been particularly interesting, as I understand the added layer of complexities with respect to language barriers and the extra supports that are needed for seniors who are culturally and linguistically diverse.

This act was made to create the Office for Ageing Well, to support South Australians to age with dignity and to remain active and engaged with our community. Over time, the office has worked to address various social and structural factors affecting health and wellbeing throughout their lives. That is something that we have actually always prioritised at our forums as well: not just having on display at our forums the services for individuals to access but also local community groups.

We know that it is just as important to keep people mentally and physically well and to keep them socially engaged, so, in addition to presentations from relevant agencies, we always have speakers from local community groups, whether it be the bridge club or the heritage museum, and we have had presentations or stalls from our Lions clubs and our Rotary clubs. We have had a presentation from our U3A, who are located close to one of the retirement villages. Again, it is providing opportunities for social connection and also for mental stimulation and physical stimulation, out and about in our community. I think this has been really important, and it is something that we continue to prioritise.

It is not lost on me how many of the volunteers at our local clubs and our local community groups are retired and perhaps in that ageing demographic. Of course, it is also about what it gives those individuals when they are no longer working, particularly for those who may not have extra commitments—whether it be familial commitments or they may not have grandchildren to help with—and what it does in terms of giving a sense of purpose and also giving back in those community groups as well.

The Adult Safeguarding Unit in South Australia started operating in 2019, and it was the first of its kind in Australia. I know that, as a member of parliament, I have had cause to contact the Adult Safeguarding Unit on a number of occasions when I have had concerns about residents in my community. Although that is of course an unfortunate thing to have to do, it has been a really interesting experience, and I have been incredibly warmed by the time, expertise and passion that comes through from the staff on the other end when it comes to protecting particularly vulnerable residents. The Adult Safeguarding Unit have also always assisted me if they perhaps were not necessarily the right place to go to. They have assisted me with referral pathways, and they always give feedback and follow-up phone calls to make sure that we know that person is being looked after.

I know, as someone who had a loved one with dementia that was fast progressing, that I often feel quite anxious when I have an older resident come in and they start to be a bit confused. I know how quickly these things can often change, particularly if they are living alone and there are not people around to see the signs. So, as I am sure all our local members of parliament do, I make it core business for me to make sure that I am always checking in on those added supports and whether perhaps anyone in their life is taking advantage of them in what is a very vulnerable time.

The amendments that we are discussing today did require an independent review of the act's operation and, of course, the rollout of the Adult Safeguarding Unit. That was required to be undertaken within three years of the 2018 changes. Today, we are of course responding to that review, as undertaken by SALRI.

The review was conducted in collaboration with a wide range of stakeholders, including lived-experience groups, government agencies and community members. Again, I think that is really important. As a government we do really prioritise putting people's voices at the forefront of everything we do. I know that for myself, engaging with residents in different ways—generally through community groups or the forums that I hold—is always at the forefront of the communication that I provide back to various ministers.

It has also been a really good opportunity to have ministers come out to speak to older residents in my community. The Premier has come along to a number of my seniors' forums now. We have had Minister Picton, when he was the minister for ageing, come out to speak at my forums as well, and we are always joined by Tony Zappia, a federal MP, and also the local council, so that everyone has the opportunity to engage with our older residents and see what are the most pressing issues at a given time.

It is also really good to use those opportunities to be given feedback. There is often an idea that someone has, and they will come to me at one of those forums about how something could be better accessed. One of the individuals who came to my forum about a year ago started talking to me about whether there was a streamlined process for where they put their will or where they put their power of attorney documents because they lived alone. Within weeks of that conversation with that individual, I went through something myself: my neighbour passed away.

My neighbour lived alone and there was an older lady who would come to visit her from down the street, but other than the lady who would visit her from down the street and myself, we were not aware of any friends or family. It took some time for us to find out who to contact after she had passed, probably a lot longer than we would have liked had we had the information available to us. As a result, it took a lot longer for her to have a funeral and, of course, for her affairs to be sorted.

As a result of this, at each and every one of my forums now I do speak about the importance of having all of your information in one place. For each resident who comes along to one of my forums, I personally donate an emergency medical information book, which was originally dreamed up by my former Rotary club, the Rotary Club of Tea Tree Gully. It is a little book that you put onto the fridge—many would be familiar with them now—where you can put in a list of your medications, you can put in where you put your will and where you put your power of attorney document, and it is all in one place on the fridge for loved ones to find or paramedics to find if something happens.

That, to me, is really important because I encourage the residents to make informed decisions about their own wellbeing, about their own futures and, of course, if they are unwell, their own wishes with respect to their health. I think that is really important not just for their own sakes but for the sakes of their loved ones if something does go wrong.

I think it is really important that when we are reviewing things like the act here that there is a great degree of experience that is provided, lived experience, and a community response because it is only through talking with those whom the act is directly impacting that we are going to know what is best practice and the best way to do these things. I am always pleased to see that these reviews are conducted in collaboration with a wide range of stakeholders.

The review did recommend a variety of updates as well as clarifying various parts of the act to better support the work of the office and the unit, including clearer definitions, improved safeguarding powers and better information sharing processes. Again, information sharing is really important in terms of continuous improvement, and I think that that is a really key part of what the review did consider.

This bill, of course, is implementing the government's response, but also it does reflect current community expectations with respect to ageing and adult safeguarding. Again, it is really important that we are contemporary in our knowledge, our understanding, our wording and, of course, our response, particularly when dealing with vulnerable people, and I am really glad that this bill today is doing just that.

I am really pleased always in this place, and in my community, to be talking about what we are doing as a government to better protect our residents. That is not just protections in terms of physical safety, perhaps, but also in terms of mental and social safety. That is really important when it comes to ageing, and I think that is something that we all really prioritise and see there is a greater need for in our communities.

Unfortunately, we all know examples of where those needs have not been necessarily adhered to and we all know examples of where older residents have been taken advantage of by people close to them or perhaps by strangers. So, again, it is really important to me that we are prioritising not just that wellbeing but that safeguarding so that there is somewhere for individuals to turn and something for us to know that we have as a mechanism at our disposal should we see that occurring. I am really pleased to be supporting this bill today and I look forward to its implementation.

Mr DIGHTON (Black) (12:20): I rise to speak in support of the Ageing and Adult Safeguarding (Review Recommendations) Amendment Bill. The bill reflects the Malinauskas government's ongoing commitment to strengthen protections for vulnerable adults. The bill and the work of the Office for Ageing Well are very important and relevant for my community. There are over nine and a half thousand Seniors Cardholders in my electorate, and more broadly the 2021 census showed that around 40 per cent of South Australians were aged 50 years or over, with the share of this group continuing to climb.

Given the profile of my community, earlier this year I moved that the parliamentary Social Development Committee inquire into and report on options to develop and sustain age-friendly communities and cities across South Australia. I just want to highlight a couple of the key elements of the motion that I moved in regard to the inquiry for that committee to take place:

current and forecasting demographic changes, noting South Australia has the oldest and most rapidly ageing population on mainland Australia;

the responsiveness of commercial, state government and local government services to the needs of older people;

best practice approaches to housing, infrastructure, transport, health, employment, technology and social inclusion for an ageing population; and

opportunities for change to boost and maintain social and economic participation amongst older members of the community, including through the use of existing, expanded or new community hubs with a focus on ageing well.

This bill continues and strengthens our protection for older people and for other vulnerable people within our community.

As has been mentioned by other speakers, the Ageing and Adult Safeguarding Act 1995 created the Office for Ageing Well to support South Australians to age with dignity and remain active and engaged in the community. Over time, the office has worked to address various social and structural factors affecting health and wellbeing. As the member for Frome mentioned, in 2018 the act was amended to establish the Adult Safeguarding Unit—the very first of its kind in Australia—which then began operating in October 2019. The unit was tasked with receiving and responding to reports of abuse involving older Australians and people with disabilities. Its responsibilities have since expanded to include all vulnerable adults in South Australia.

A review was conducted via the South Australian Law Reform Institute. That review made a number of recommendations. This bill implements the government's response to those recommendations, including changes to better reflect community expectations about the objectives of the Office for Ageing Well, and confirms that safeguarding is the primary role of the Adult Safeguarding Unit.

The bill provides definitions for a number of important terms—such as 'relevant adult', 'abuse', 'consent' and 'serious abuse'—to provide clearer guidance. It also allows the unit to take safeguarding actions at any appropriate time after an assessment begins, enabling a more timely response to concerns. The amendments clarify when investigations may be carried out, set out what information must be recorded, and allow the unit to share information with those who make reports where it is safe to do so while protecting confidentiality.

Key legal powers related to the safeguarding orders will move from the Magistrates Court to the South Australian Civil and Administrative Tribunal (SACAT), which is expected to improve access and process efficiency. The bill also includes a requirement for a further review in five years, to ensure the act remains relevant.

I want to go through a little bit about the role of the Adult Safeguarding Unit. The safeguarding unit has been an important part of South Australia's response to abuse and neglect. The unit operates on a consent-based model, working with adults to ensure that wishes are respected, except where there is a lack of capacity or where an individual is at serious risk. It provides confidential advice, information and support, receiving thousands of contacts annually.

Last year, the unit received over 3,300 contacts, including more than 1,600 reports of suspected abuse, mostly concerning older adults and people with disabilities. Emotional and financial abuse are the most common types reported, and that often involves family members. The unit conducts assessments and investigations, often working with other agencies to coordinate responses and provide support.

The Adult Safeguarding Unit also conducts community education and works with professionals and service providers to raise awareness and prevention. This work complements other existing campaigns by the Office for Ageing Well, particularly the annual elder abuse prevention Tackling Ageism campaign. This campaign reminds all South Australians of the links between ageism, older people's rights and the risk of elder abuse, and how tackling ageism—in other words, changing how we think and feel about older people—is fundamental to creating a safer and more inclusive society for people of all ages.

Providing information is very important for older people to ensure that they are able to improve their lives but also to manage the challenges that may face them, including social and financial abuse. I held my first seniors forum earlier this year with the Minister for Human Services, and the forum was very well attended. The feedback I received was that participants really appreciated the opportunity to hear from the minister but also from the Council on the Ageing (COTA), along with a number of stallholders who were able to provide one-on-one information and documentation to those residents who attended. Again, the feedback we received was that it was a really useful and very valuable forum for our older residents. I have another seniors forum planned for later this year.

I want to add a few other bits and pieces about some of the things that have happened in South Australia to support older people before I finish up. More than a decade ago, the Thinker in Residence was a world-renowned expert called Alexandre Kalache, and his Thinker in Residence was particularly focused on ageing. One of the legacies of his Thinker in Residence was the time that is on the pedestrian crossings, like the one on North Terrace outside Parliament House. Kalache observed when he was here that anyone moving slowly—an older person or a person with a disability—would only be halfway across before the light turned green for cars to move. He made the point that age-friendly communities are friendly to everyone because they take into account so much of the diversity in our interests and capacities.

Obviously, peak bodies like COTA, who presented at my seniors forum, provide a really important role in advocating for policy change. There are also intergenerational programs that link retirees and young people. There was a TV show on the ABC, Old People's Home for 4 Year Olds. In fact, my old school ran a program that connected Meals on Wheels recipients with our year 9 Rite Journey students. It was a really powerful coming together of these two different age groups, and it was beneficial for both.

Another area I want to highlight is the investment in our community centres. We have a wonderful community centre, the Trott Park Neighbourhood Centre, and a number of our older population utilise that. There are many great things that we are doing to support older and vulnerable people, and this bill will support those as well.

I just want to acknowledge that this bill will provide clearer powers and processes for the Office for Ageing Well and the Adult Safeguarding Unit to carry out their work while respecting the rights of individuals involved. It will ensure that our safeguarding system is not only legally sound but guided with lived experience, informed by national and international best practice and responsive to the evolving needs of vulnerable South Australians.

Importantly, the legislation highlights that we all have a role to play in safeguarding vulnerable adults. I thank those who have contributed their time to shape this bill—I acknowledge the Minister for Human Services, who has just walked in—including those with lived experience of abuse and those working on the frontline of care and safeguarding. I commend this bill to the house.

Ms WORTLEY (Torrens) (12:30): I rise to support the Ageing and Adult Safeguarding (Review Recommendations) Amendment Bill, aimed at better protecting adults at risk of abuse and safeguarding their rights. I think it is really important at this stage that we acknowledge the role of the minister, who has provided considerable support in this area. Protecting our ageing community is very important.

The bill makes significant changes to how we support and safeguard the rights of adults who may be vulnerable to abuse and mistreatment. In particular, key elements in the bill that I support are the provision of additional flexibility within the act to ensure that the relevant adult is at the centre of all responses; providing officers with powers to act when needed to prevent abuse and support streamlined referrals of relevant matters to SAPOL and other regulatory bodies; enabling limited information sharing with people who make reports when safe and appropriate and ensuring confidentiality of people who report suspected abuse; strengthening provisions relating to information gathering and sharing; transferring key legal functions; and acknowledging the role of the whole community in protecting vulnerable adults.

I know at a glance it appears that the last one—acknowledging the role of the whole community in protecting vulnerable adults—is a general goodwill wish, but it really does go a lot further than that. It is a strong message from stakeholders that progress will only be made if we all, as citizens, take an interest in those in our community who are vulnerable. It expresses a need for each of us to take responsibility if we know, or just suspect, that someone needs better care or, indeed, is being abused. Importantly, there is a call for the whole of our community to protect vulnerable adults.

In addition to organisations that provide for special areas, I think it is important that we highlight some of the things that we are able to do as members of parliament. One of those that I have been carrying out each year is the Annual Seniors Forum. The Annual Seniors Forum is attended by more than 300 people. We have two sessions on the same day and we include local councils, SAPOL, Technology for Ageing and Disability, as well as social organisations like the Enfield Horticultural Society, the Gilles Plains Lions Club and Royal Life Saving SA.

Just recently, I held a community event. It was a scam forum and again it was attended by nearly 300 people. Initially we were only going to have one session, but the interest, particularly from our ageing population, was so great that we added an afternoon session. It was held in the Klemzig Community Hall, and we gained information and advice from scamming avoidance experts, the banking sector and SAPOL.

I would like to thank, particularly, Scamwatch, the banking sector and representatives from SAPOL who presented at the forum. While the age range of attendees was from 30s to 90s, I noted that more than three-quarters of the people were above the age of 50, indicating how vulnerable they felt towards scammers. One comment that I received from a 90-year-old woman was that it made her feel a whole lot safer.

It is a story that highlights the issue of safety. Vulnerable people fear being preyed on. Sadly, there are many people who live in fear in their own homes. It is impossible to state an exact number, as they are often afraid to report their fears and cases of abuse because of possible repercussions. If they have family members who are at fault, matters are particularly difficult.

Compass, an initiative of Elder Abuse Action Australia, funded by the Australian government, estimates that one in six older Australians living at home experience abuse, neglect or financial exploitation. One of the most common forms of reported abuse is physical assault, and this is because reports have to be made if the victim needs medical attention for an injury clearly inflicted by another person.

The most common form of non-reported abuse is believed to be financial abuse by a family member. I myself have spoken with constituents, and it is really heartbreaking when their voice breaks and you see tears in their eyes when they are being financially abused by a family member, but they do not want to cause trouble, they say, because this family member is often perhaps one of only one or two who visits them. We have to recognise there are barriers to older people promptly reporting abuse and getting the help they need. There may be hesitation about the consequences about making a complaint or even physical or mental impairment to their capacity to seek a better quality of life or safer environment.

This is why there is a role for the whole community, which can be a key partner with South Australia's Adult Safeguarding Unit. Apart from encouraging the reporting of abuse, this body raises awareness of older people and contributes to policymaking. I think it is important to acknowledge that the review was an independent review and there was input sought from a wide range of stakeholders. The Malinauskas Labor government, through this bill, is strengthening support for all vulnerable adults. I again acknowledge the work that is being put into supporting our ageing community. I commend the bill to the house.

Ms HUTCHESSON (Waite) (12:36): I rise today in support of the Ageing and Adult Safeguarding (Review Recommendations) Amendment Bill 2025. For me, this bill is about something very simple and very powerful, and that is dignity—the dignity of older South Australians, the dignity of the vulnerable adults and the dignity of families who deserve to know their loved ones will be safe, supported and respected. As someone who has spent her whole life rolling up her sleeves in the Mitcham Hills area, whether as a firefighter, a community advocate or now as a member of parliament, I know the strength of community, where that comes from and how that helps us treat and look after our most vulnerable people.

The Adult Safeguarding Unit, created in 2018, was the first of its kind in Australia. Since it began its work in 2019, it has grown to become a lifeline for many people in our state. This bill makes sure that the unit and the laws that guide it are fit for purpose, clear in their mission and strong enough to act when action is needed.

It modernises the objectives of the Office for Ageing Well so the act reflects what the community expects in 2025, not in 1995. It confirms safeguarding as the very heart of the unit's work. It defines critical terms like 'abuse', 'serious abuse', 'consent' and 'relevant adult', giving certainty to the people on the ground doing this work. It also makes it crystal clear that the unit can take action from the moment an assessment begins and, importantly, it gives them the ability to refer matters to South Australia Police at any time. That is about urgency. That is about saving people from further harm.

For our community members who find the courage to speak up, this bill strengthens confidentiality protections. It also allows limited, safe feedback to those who make reports, so people are not left wondering if their concerns have disappeared into a void. It strengthens accountability through clearer processes, stronger appeal rights and a requirement for another review in five years' time, because safeguarding should never be static. It must always evolve as the needs of our community evolve.

Safeguarding adults is not just the responsibility of government, though. It belongs to us all. Families, neighbours, service providers and communities each have a role to play. When someone does raise their voice, this bill ensures that they can have faith that the system will listen, will act and will protect.

I have enjoyed listening to the contributions of other members and the work they do in their communities to help support older people and help bring them together, because community is one of those things that we really rely on, especially as we age, knowing how hard it is to sometimes make new friends or find the care that you need. When there are opportunities to join others and come together and be able to spend some time, have a cup of tea sometimes maybe, that can be one of the only conversations someone has in that day, so it is really important.

I was really fortunate one day to wander into the Green Dispensary in Blackwood. I was heading in there after seeing a post on Facebook about a lady who works in there who was organising a fundraiser for an older gentleman whose house had burned down and who had lost everything. She had put up a post and asked people to come in and help. I wandered in there and spoke to Tracey Yeend, who is an incredible advocate in our community, and we got to talking about how we can support older people in our area. I had only just recently been speaking to the Uniting Church about trying to organise a forum on dementia, but also on advance care directives. She suddenly said, 'I really want to organise some education sessions on lots of different things.'

Along with Wendy Hall from Dementia Doulas Australia we got together and we came up with the Mitcham Hills Wellness sessions. They have gone from strength to strength. We hold them every month, and every month we have a different speaker who comes along and talks about issues, health ideas and important information about how people can live well as they get older. Tracey is a nurse but also a nutritionist and a midwife and has a vast array of people that she knows, and we have been able to draw on them to come and give these talks, and they have just grown and grown.

We now have in Blackwood easily over 120 to 150 people who come along every month to hear these talks, and they not only get to learn about different health issues but they take them home and they sometimes look at ways they can use that information. I have had plenty of people come up to me following different sessions saying how they had taken the information they learned, they had gone to their local GP and talked to them and they were able to put some things in practice, so it has been really lovely to see that happen.

With these sessions, because they have been so successful, we have been able to start them down in Mitcham as well. Now every month we do them in Mitcham, and we have 80 to 100 people who come along to those sessions as well, and they are different. Some are the same, but some are different, and that is lovely as well. That one comes along with a cup of tea and a bickie too. It is really great to see people who have not seen each other for a long time, or they are meeting new people and are spending that time together.

Just recently the weather was so poor—it was pouring with rain at night time—we thought we were not going to get anyone come along and 150 people turned up to Blackwood. Equally, at the Mitcham session—again, it was a horrible, horrible weather day—70 people turned up to that session. It just made me know that we had really found something that these people were missing, and it made me feel really good about what we were doing in that space.

It is a funny thing: when I looked around the room, when we did it last week, I saw all of these new people who had not been before—people who were bringing friends and their neighbours. The outreach of those sessions has been really heartwarming to me. I thank Tracey Yeend for all her work but also both the Uniting Church in Blackwood and St Michael's church down in Mitcham, which help us put on these sessions.

I thank the member for Torrens for talking about scams, because it is something that we hear from people in our community, especially older people who are targeted in this area. Sometimes they are not as savvy on computers or cannot see the warning signs that they are being scammed. I have had plenty of examples, including my own parents who nearly lost quite a lot of money. My dad had been unwell, and he had been always really great on computers his whole life, but someone rang him, he got flustered and, sure enough, they managed to talk him through opening up his bank account and opening up his computer to them. Fortunately, my brother arrived at their house at the same time, and he was able to work out that they were being scammed and spoke to the scammer on the phone three times whilst we were trying to work out how we could trap this guy.

It led me to understand how important it is for us to continue to educate people in our community about the risk of scams. In my office I have a really great young man called Matt Driver and, between the two of us, we would go around and do morning tech teas. We would go to retirement villages and create opportunities for people to come and learn about scams and the signals of scams, and also to help them with technology so that they are safer online and can do the things that keep us connected, like social media or being able to talk with their family across the country and across the world through things like WhatsApp.

Those sessions, again, were really popular and I felt that they really hit the spot for what people need: to come along and have young people—because let's face it, they are better at technology than even people my age—sit with them. I have also had work experience students come along to those sessions to help these people and they have been great.

We talked before about the medical books that are put on fridges. These are really important. Our Lions Club in Blackwood are involved in that project too. They are such an important thing, not only for older people but for parents with young children who have medical problems or conditions, as they can put all the medications that they take, as well as the location of advance care directives, so that when people do have to go to hospital our ambulance paramedics can grab those off the fridge and know where those things are.

It actually happened the other night when I was on a call-out with the CFS. We were assisting a resident and assisting SAAS to get him out because he was up quite a steep driveway. They were working on getting him out and working together to try to find all his medications and work out what was going on, and at that point I really realised the benefit of those books. I want to congratulate the Lions in Blackwood on being part of that program.

We have talked about how important it is to not only look after our older people but make sure they have somewhere to go, and also that they are getting the help, support and education that they need to continue to be able to look after themselves in community. This bill embodies that principle. It takes the voices of those who shared their lived experience through the review and the lessons learned from stakeholders and it turns them into action. That is what we want to see.

On Sunday night, I gave a speech in our local Blackwood Uniting Church. They have been doing a series on journeying and hope, and they asked me to come along to talk about ripples of hope and hope in action. I was incredibly honoured to be asked to come and do that. As someone whose role is obviously to work in community, I take that so personally. For me to be able to go along and be asked and be thought of as someone who does create hope in action was really special. We talked about ripples of hope and how it is not just one, it is multiple, and those small things that you can do every day—whether it is calling an older friend and checking in on them, smiling at someone as they drive past, or waving them through—can create action.

The more we look after each other, support each other and check in on each other, we can build incredible communities, and that is something that I am really passionate about. This bill and these changes honour how we hear those voices with stronger laws, clearer protections and a system that puts people first, and that is what is so important. I am really proud to support this bill. It is a step forward for dignity, safety and justice. I commend the bill to the house.

The Hon. N.F. COOK (Hurtle Vale—Minister for Human Services, Minister for Seniors and Ageing Well) (12:47): Thank you to the members for Ramsay, Newland, Torrens, Black, Waite and Frome for their really thoughtful contributions. I hope I have not missed anybody. I want to quickly wrap up by summarising the bill, which implements government responses to the review's recommendations, including:

modernises the objectives and functions of the Office for Ageing Well, reflecting their current work and community expectations;

confirms safeguarding as the core purpose of the Adult Safeguarding Unit;

defines important terms like abuse, relevant adult, serious abuse and consent;

expressly provides that the unit can take safeguarding action at any time after an assessment begins, where appropriate;

clarifies when and how investigations can happen and what must be recorded;

includes an explicit power that the unit is to refer matters to SA Police at any stage after a report is received;

enables limited information sharing with people who make reports, when safe and appropriate;

ensures confidentiality of people who report suspected abuse;

improves how people can appeal decisions made by the unit;

transfers key legal functions from the Magistrates Court to SACAT;

expands who can apply to SACAT for orders; and

requires a review of the new changes in five years.

The bill incorporated other additional amendments not considered by the independent review but are in response to feedback from stakeholders, including reference to relevant UN instruments, which:

underpin the work of the Office for Ageing Well and Adult Safeguarding Unit;

acknowledge the role of the whole community in protecting vulnerable adults;

make structural amendments to the act to better align with the sequential order of the unit's response;

group authorised officers' powers in one division;

give officers power to act when needed to prevent abuse;

strengthen rules for sharing and collecting information;

clarify administrative matters like delegation powers; and

include relevant consequential amendments.

I acknowledge the contributions of members, including many who hold their own forums to connect with vulnerable adults. I also acknowledge the opposition's comments regarding access to service in regional areas. The ASU operates a statewide service, which includes regional areas and has the capacity to do visits.

I acknowledge the comments from COTA and ARAS regarding the capacity and resourcing of the ASU and note that this bill will also support the unit to streamline services. I also acknowledge the role of the Uniting Communities' Elder Abuse Unit, with whom the ASU work closely to assist those who may be vulnerable and with whom I met only last week.

As highlighted, it is important we ensure legislation keeps up to date with what is and has occurred in a policy space. With the disability royal commission, it was paramount we awaited the recommendations to ensure this bill is aligned as closely to those recommendations as possible.

The National Plan to End Elder Abuse and the working committee continue to highlight the South Australian Adult Safeguarding Unit as standard where there is good best practice in safeguarding vulnerable adults. I understand we will be going into committee.

Bill read a second time.

Committee Stage

In committee.

Clauses 1 to 29 passed.

Clause 30.

Ms PRATT: Minister, as we touched on in a briefing, just for the benefit of recording in the chamber now, can you explain the thinking behind the deletion of the reference to 'Magistrates Court' and it being substituted by 'SACAT'?

The Hon. N.F. COOK: We had a good discussion about that during the briefing and I thank you for the question. It is to streamline the process and we have reflected and actually further interrogated any of the investigations over the last four or five years and there has been zero that have gone to the Magistrates Court. We had thought there potentially might have been one, but that actually did not occur, so I am really pleased to put that on record. I think this is a sensible approach and we know there would have been, if it was a hefty amount of work, a risk, but we do not foresee that.

Clause passed.

Clauses 31 to 39 passed.

Clause 40.

Ms PRATT: Minister, regarding section 49A—Protection of identity of persons who report to Adult Safeguarding Unit, I am really just looking for clarification on how the identity protection provisions for people who are making those reports will be balanced with the operational need to share information during investigations?

The Hon. N.F. COOK: Thank you again for the question. I think this is actually a really important amendment. I, and I am sure as have you, as a hardworking local member who is present on the ground—we do have conversations with people sometimes that crop up and they say, 'Oh, what happened with such and such?', and it might relate to actually a very concerned neighbour or relative who has made a report and they really do not know what has happened as a consequence.

There is a balance between providing some comfort to people who have made a report to actually maintaining the respect and dignity of the people whom the report may have been made about. I am advised that the clause amends the confidentiality requirements set out in section 49 of the act to make and provide that personal information may be disclosed for the purposes of assessing or responding to a potential risk to the life or physical safety of the Adult Safeguarding Unit responding to a relevant matter, or the relevant adult or another person. A regulation-making power to prescribe other purposes for which information may be disclosed is also included.

This clause also makes consequential amendments to replace the term 'vulnerable adult' with 'relevant adult' wherever it appears. So that is quite a fulsome description of the clause. The rationale is that there are circumstances where it may be necessary for the Adult Safeguarding Unit to share information with another person or body for the purpose of assessing or responding to a potential risk to the life or physical safety of a staff member, relevant adult, or another person, such as a reporter or other household member—I think 'reporter' in this case means the reporter of the incident, not necessarily a journo.

This amendment preserves the presumption of confidentiality, but recognises there may be times where some information may need to be shared to protect the life or physical safety of another person and the types of information that may be shared under the provision would include known safety risks in a person's residence such as the presence of firearms or dangerous animals or previous violent offending. There is another information sheet for me to read out, so this is the whole clause. There is another bit further on which talks about the insertion of section 49A. Furthermore, this will ensure that the identity of a person who makes a report to the Adult Safeguarding Unit is kept confidential, except in specified circumstances.

Then a bit further on we talk about SALRI recommending that we make this amendment to clarify that the identity of the person who makes a report of abuse is confidential unless the person making the report has given consent for their identity to be revealed for a particular purpose, or identifying them is otherwise necessary, such as where a report has been referred to the police. Was there other information I can offer? Are you happy with all that?

Ms PRATT: Thank you. Looking at the same clause and 49A, would there be any penalties for unauthorised disclosure, how would they be enforced and what is meant by 'in the opinion of' in 49A(c)?

The Hon. N.F. COOK: The maximum penalty is $10,000 and the judgement around these breaches and penalties are made by the director of the unit and that is determined on a case-by-case basis, depending on the severity of the disclosure or the breach. Then the third part of your question?

Ms PRATT: How do you interpret 'in the opinion of'?

The Hon. N.F. COOK: It would be the professional judgement of the director in relation to the amount of information that has been disclosed.

Clause passed.

Remaining clauses (41 to 43), schedule and title passed.

Bill reported without amendment.

Third Reading

The Hon. N.F. COOK (Hurtle Vale—Minister for Human Services, Minister for Seniors and Ageing Well) (12:59): I move:

That this bill be now read a third time.

Bill read a third time and passed.

Sitting suspended from 13:00 to 14:00.

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