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    Adult Safeguarding Unit

    The Adult Safeguarding Unit operates within the South Australian Office for Ageing Well. The Unit is responsible for receiving and responding to reports of actual or suspected abuse of vulnerable adults. This includes elder abuse.

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

    To report abuse or suspected abuse to the Adult Safeguarding Unit, call 1800 372 310 Monday to Friday 9 am - 4 pm, email adultsafeguardingunit@sa.gov.au or complete the online report form.

    What does the Adult Safeguarding Unit do?

    The Adult Safeguarding Unit receives, assesses, and investigates reports of abuse or suspected abuse of vulnerable adults in 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 needs the help of multiple agencies to support the vulnerable adult [s 15(1)(g)]. The Unit can act as a triage service in referring reporters to appropriate agencies for help [s 15(1)(h)].

    The Unit also promotes and advocates for the rights and interests of vulnerable adults in South Australia, including by helping develop 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 should 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
    • vulnerable adults with decision-making capacity have 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
    • community education and awareness raising are priorities for the Unit.

    Who is a vulnerable adult?

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

    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
    • the physical or chemical restraint of a vulnerable adult including the over-mediation or under-medication of the person.

    What is is decision-making capacity?

    It is presumed that a vulnerable adult will have decision-making capacity, unless there is evidence to the contrary [see sections 5(1) and 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, a person will not necessarily lack decision-making capacity just because their capacity fluctuates (changes), they are unable to understand technical or trivial matters, or they are unable to remember the information for an extended period of time [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 that they lack 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)]. This includes concerned friends and family, employed professionals supporting the vulnerable person (such as a paid carer), and the vulnerable person themselves.

    The consent of the vulnerable adult is not required for a report to be made, but consent will usually be needed if an investigation is 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?

    To report abuse or suspected abuse to the Adult Safeguarding Unit, call 1800 372 310 Monday to Friday 9 am - 4 pm, email adultsafeguardingunit@sa.gov.au or complete the online report form.

    Is it mandatory to make a report?

    There are no mandatory reporting obligations that require workers or other members of the community to report abuse to the Adult Safeguarding Unit [s 22(4)]. Reporting is voluntary and may be anonymous.

    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, the Unit must assess the report and must [s 23(3)]:

    • commence an investigation into the matter, or
    • refer the matter to an appropriate agency, or
    • decline to take any further action, if the matter has already been dealt with, is trivial, vexatious or frivolous, or there is good reason not to take action.

    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, 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 time it would take to get a warrant would significantly increase the risk of harm, or further harm, to the vulnerable adult, and the Director of the Unit has approved the use of 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)].

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

    • orders that require other persons to do, or not do, certain things, or
    • orders that require 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).

    In practice, the Adult Safeguarding Unit rarely applies to the Magistrates Court for such orders. It is not mentioned in the South Australian Adult Safeguarding Unit Code of Practice (June 2023) (PDF 193KB). For more information, contact the Adult Safeguarding Unit on 1800 372 310 or at adultsafeguardingunit@sa.gov.au.

    Consent of the vulnerable adult

    The Adult Safeguarding Unit will seek the consent of the vulnerable adult 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 the Unit investigates, it 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 a multi-agency response, 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 to develop a safeguarding plan.

    Any person may be interviewed in relation to an investigation, to help assist the Unit understand 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 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 2023) (PDF 193KB) page 29].

    Complaints

    A complaint about a decision or action of the Adult Safeguarding Unit should first be raised 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 person
    • 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 2023) (PDF 193KB)].

    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.

    The SA Ombudsman can also conduct an external review of a decision of the Adult Safeguarding Unit.

    For more information, see the Adult Safeguarding Unit website.

    Adult Safeguarding Unit  :  Last Revised: Mon Jul 29th 2024
    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.

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