Adult Safeguarding Unit

Adult Safeguarding Unit

The Adult Safeguarding Unit operates within the South Australian Office for Ageing Well. The Unit is empowered with statutory responsibility and accountability for receiving and responding to reports of actual or suspected abuse of vulnerable adults. It is therefore responsible for receiving and responding to reports of elder abuse.

The Ageing and Adult Safeguarding Act 1995 (SA) established the Adult Safeguarding Unit, which commenced operation on 1 October 2019.

Reports can be made by contacting the Adult Safeguarding Unit Monday to Friday 9am - 5pm on: 1800 372 310 or by sending an email to : adultsafeguardingunit@sa.gov.au

What are the functions of the Adult Safeguarding Unit?

The Adult Safeguarding Unit receives, assesses, and investigates reports of abuse or suspected abuse of vulnerable adults within South Australia [Ageing and Adult Safeguarding Act 1995 (SA) s 15(1)(d),(e),(f)].

The Unit coordinates responses to reports of abuse when the response requires the assistance of multiple agencies in supporting the vulnerable adult [s 15(1)(g)]. The Unit can act as a triage service in referring reporters to appropriate agencies and bodies for assistance [s 15(1)(h)].

The Unit also plays a significant role in promoting and advocating for the rights and interests of vulnerable adults in South Australia, including assisting in the development of coordinated abuse prevention strategies [s 15(1)(a),(b),(c)].

Principles underpinning the operation of the Adult Safeguarding Unit

The following principles guide the Adult Safeguarding Unit in its day to day work and operations [s 12]:

vulnerable adults are entitled to be treated with respect for their dignity, autonomy and right to self-determination;
vulnerable adults are presumed to have decision-making capacity, unless there is evidence to the contrary;
the primary consideration for the Adult Safeguarding Unit is ensuring that the vulnerable adult’s autonomy is respected and maintained, except in cases involving serious and imminent harm;
vulnerable adults are allowed to make their own decisions about health care, accommodation, financial matters and personal matters to the extent that they are able to, and should be supported in that decision making for as long as possible;
dignity in risk must be observed;
a vulnerable adult with decision-making capacity has the right to decline services or supports;
vulnerable adults must be involved in decisions or actions taken to support and safeguard them;
a multi-agency, coordinated approach is best when safeguarding vulnerable adults from abuse;
the will, preferences, cultural and heritage beliefs, religious beliefs, racial origin, ethnicity, background and other beliefs of the vulnerable adult must be respected;
any safeguarding measures should be the least interventionist and least intrusive; and
community education and awareness raising are priorities for the Unit.

Who is a vulnerable adult?

The Act defines a vulnerable adult as a person who, by reason of age, health, disability, social isolation dependence on others or disadvantage, is vulnerable to abuse [s 3].

Transitional provisions for the Act which applied from its commencement on 1 October 2019 and which limited the definition of vulnerable adult expired on 1 October 2022. During that period, a person was only taken to be a vulnerable adult for the purposes of the Act if they were:

an Aboriginal or Torres Strait Islander person who was 50 years or older; or
any other person who was 65 years or older; or
from 1 October 2020, a person who had a permanent disability attributable to intellectual, psychiatric, cognitive, neurological, sensory or physical impairment, or a combination of those impairments and which resulted in the person having both a reduced capacity for social interaction, communication, learning, mobility, decision making or self care and a need for continuing support services, and includes such a disability notwithstanding that it is of an episodic nature.

[See Office for the Ageing (Adult Safeguarding) Amendment Act 2018 (SA) Schedule 1, Gazette 6 August 2020].

What is abuse?

For the Adult Safeguarding Unit to receive and investigate a report of abuse, a vulnerable adult must be experiencing, or at risk of experiencing, abuse.

The Act broadly defines abuse for these purposes to incorporate a range of behaviours including [s 4]:

physical, sexual, emotional or psychological abuse;
financial abuse or exploitation;
neglect;
a failure to act that results in abuse, exploitation, or neglect;
the abuse or exploitation of a position of trust or authority existing between the vulnerable adult and another person;
a denial of the basic rights of the vulnerable adult, without reasonable excuse; or
the physical or chemical restraint of a vulnerable adult including the over-mediation or under-medication of the person.

How is decision-making capacity defined?

There is a presumption that a vulnerable adult will have decision-making capacity, unless there is evidence to the contrary [see ss 5(1); 12(b)].

A person will be taken to have impaired decision-making capacity in respect of a particular decision if the person is not capable of [s 5(2)]:

understanding any information that may be relevant to the decision; or
retaining such information; or
using such information in the course of making the decision; or
communicating the decision in any manner.

However, just because a person has fluctuating (changing) capacity, is unable to understand matters of a technical or trivial nature, or is unable to retain the information for an extended period of time does not automatically mean they do not have decision-making capacity [s 5(3)]. Similarly, a decision made by a vulnerable adult that results in an adverse (negative) outcome for them is not automatically a sign of a lack of decision-making capacity [s 5(3)(d)].

Who can make a report?

Any person who is concerned about a vulnerable adult experiencing abuse or at risk of abuse can report their concerns to the Adult Safeguarding Unit [see s 22(1)]. A concerned family member or friend can make a report, as can an employed professional supporting a vulnerable adult, such as a paid carer. A person who is experiencing abuse themselves can similarly seek assistance from the Unit.

The consent of the vulnerable adult is not required for a report to be made, but consent will in most instances be required if an investigation is then undertaken and certain action is proposed. The Adult Safeguarding Unit aims to work with the vulnerable adult in responding to the abuse or alleged abuse.

Reports to the Adult Safeguarding Unit can be made anonymously.

How is a report made?

Reports can be made by contacting the Adult Safeguarding Unit on: 1800 372 310 or by sending an email to : adultsafeguardingunit@sa.gov.au

The telephone line operates Monday – Friday 9.00 a.m. 5.00 p.m.

Is it mandatory to make a report?

Workers (and members of the community) are under no mandatory reporting obligations in making reports to the Adult Safeguarding Unit [s 22(4)]. All reporting is voluntary, and reports may be made anonymously.

Powers of the Adult Safeguarding Unit

The Adult Safeguarding Unit is empowered to receive, assess and investigate reports of abuse or suspected abuse of vulnerable adults.

Once a report of abuse or suspected abuse is received by the Unit, the Unit assesses the report and either [s 23(3)]:

commences an investigation into the matter; and/or
refers the person to an appropriate agency or body; or
declines to take any further action (such as where the matter has already been dealt with, is trivial, vexatious or frivolous, or there is good reason why no action should be taken).

If, when assessing a report, the Unit becomes aware of a matter that raises the possibility of professional misconduct or unprofessional conduct, the Unit may report the matter to the relevant regulatory body [s 27(1)].

Where the Unit commences an investigation following the assessment of a report, authorised officers have various powers available to them, including the power to [s 19]:

inspect and/or enter and remain on any premises, place, vehicle or vessel;
use reasonable force to enter any premises, place, vehicle or vessel;
require a person who has possession of books of account or other relevant records to produce those records for inspection, removal, copy, or examination;
take photographs, films, audio, video or other recordings; and
require any person who is in a position to provide information relating to a vulnerable adult to answer any question put by the authorised officer, including their name, address and date of birth.

An authorised officer can only use force to enter any premises, place, vehicle or vessel where either:

a warrant has been issued by a Magistrate [s 19(2)(a)]; or
entry cannot be gained and the authorised officer believes on reasonable grounds that the delay that would ensue as a result of applying for the warrant would significantly increase the risk or harm, or further harm, being caused to the vulnerable adult and the Director of the Unit has approved the force [s 19(2)(b)].

It is an offence to fail to comply, without reasonable excuse, with any direction of an authorised officer in exercising their powers under section 19 as outlined above [see s 19(7)].

Maximum penalty: imprisonment for one year.

The Adult Safeguarding Unit may also make applications to the Magistrates Court seeking orders to protect vulnerable adults from abuse [s 31]. The orders that may be made include [s 33]:

orders which require other persons to do, or not to do, certain things; or
orders requiring a vulnerable person to undergo an assessment or examination.

Applications are governed by Chapter 3 Part 17 of the Uniform Special Statutory Rules 2022 (SA).

The power to bring an application before the Court is rarely used by the Adult Safeguarding Unit in practice, and is not mentioned in the South Australian Adult Safeguarding Unit Code of Practice (June 2022). For more information, contact the Adult Safeguarding Unit on: 1800 372 310 or by sending an email to: adultsafeguardingunit@sa.gov.au, or seek legal advice.

Consent of the vulnerable adult

The consent of the vulnerable adult will be obtained when investigating a report and where any further action is proposed in respect of a report [s 24(1)]. Action may only be taken without the consent of the vulnerable adult where:

the vulnerable adult’s life or physical safety is at imminent risk;
the risk of abuse to which the report relates consists of an allegation that a serious criminal offence has been, or is likely to be, committed against the vulnerable adult;
the vulnerable adult has impaired decision-making capacity in respect of a decision to consent to action of the relevant kind being taken;
the Unit has not, after reasonable inquiries, been able to contact the vulnerable adult;
it is, in the opinion of the Unit, necessary or appropriate that action of the relevant kind be taken without first obtaining consent of the vulnerable adult.

[See s 24(4); Ageing and Adult Safeguarding Regulations 2019 (SA) reg 8(1)].

Safeguarding Plans

When an investigation is undertaken by the Unit, the Unit will explore ways in which the vulnerable adult can be supported so as to stop the abuse occurring or minimise the risk of further abuse. This will be done with the consent and involvement of the vulnerable adult (except in specific circumstances, see Consent of the Vulnerable Adult above).

The Unit may suggest that a multi-agency response is required, where various agencies work together to provide support to the vulnerable adult in addressing the abuse. The Unit may provide a lead role in coordinating agencies in responding to the abuse of the vulnerable adult, including by holding an inter-agency adult safeguarding meeting for the purposes of developing a safeguarding plan.

Any person may be interviewed in relation to an investigation, to help assist the Unit in understanding further details about the alleged abuse

In conjunction with the vulnerable adult, and with their wishes and preferences kept in mind, a safeguarding plan may be developed which will outline the suggested actions and supports taken to respond to the abuse of the vulnerable adult.

A safeguarding plan can include:

the goals or outcomes sought by the vulnerable adult;
the identification of any immediate risks or further risks to the vulnerable adult;
any actions that the Unit will undertake or another agency will undertake;
suggestions on how the vulnerable adult may protect themselves now and in the future;
support or action plans concerning the needs of other relevant people; and
an agreed timeframe and process for review of the plan.

[See South Australian Adult Safeguarding Unit Code of Practice (June 2022)].

Complaints

A person wishing to make a complaint about a decision or action of the Adult Safeguarding Unit should first raise it directly with the Unit.

Certain decisions of the Unit may be subject to an internal review process. Those decisions include:

a decision regarding the action(s) to be taken following the assessment of a report;
a decision to act without first obtaining the consent of the vulnerable adult;
a decision to refer a matter (or part of a matter) to another agency or body;
a decision to cause an investigation into the circumstances of the vulnerable adult to be carried out.

[See South Australian Adult Safeguarding Unit Code of Practice (June 2022)].

An application for internal review should be made within 30 days of receiving notice of the original decision, by completing the application form available on the Adult Safeguarding Unit website.

A decision can be confirmed, varied or set aside through internal review, and the complainant will be notified of the outcome of the review.

In 2020, an external review process to the SA Ombudsman has been available.

For more information, see the Adult Safeguarding Unit website.

Adult Safeguarding Unit : Last Revised: Wed Sep 28th 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

Legal Help for all South Australians

Refine results

Search by

Adult Safeguarding Unit

Connect with us