This section of the Law Handbook deals with the many offences that have been created to protect young people, and to prevent them from engaging in, or being subjected to particular activities before they reach the age of 18 years.
There are offences covered in other parts of this chapter that may be relevant to young people because they may be more likely than older people to commit them, such as graffiti, trespass to private parties or offences on public transport.
The position of inequality between offender and victim and the lifelong effect on a victim makes sexual crimes against children particularly serious. As such the maximum penalties for these offences can be quite high. For example, the maximum penalty for the offence of Sexual abuse of a child, is imprisonment for life [Criminal Law Consolidation Act 1935 (SA) s 50].
Complaints of sexual interference from children, particularly young children, involve difficulties in investigation and prosecution. Children often have trouble explaining what has happened either because of their lack of understanding or simply because of limited vocabulary and may also have problems with the exact dates that acts occurred.
While a child gives evidence in a child sexual abuse matter, all non-essential persons must be ordered to leave the court [Evidence Act 1929 (SA) s 69(1a)]. However, the child will be allowed to have support person in court with them [Evidence Act 1929 (SA) s 12]. When evidence of child exploitation material is to be adduced in proceedings, similar provisions apply [s 69(1b)].
The evidence of a child, witness or alleged victim (regardless of their age at the time of the trial) may also be heard at a pre-trial special hearing under the procedure outlined in s 12AB of the Evidence Act (SA). There are also additional protections that can be put in place to protect a vulnerable witness when giving evidence in criminal proceedings [Evidence Act 1929 (SA) s 13A]. For more information see Evidence of vulnerable witnesses.
Where a person has specialised knowledge, based on the person’s training, study or experience, of child development and child behaviour then evidence of that person’s opinion based on that specialised knowledge is admissible in proceedings relating to the asexual abuse of a child [s 29C]. This is despite any other provision of the Evidence Act 1929 (SA) or any other law. See also Evidence, Opinion.
Sexual offences are covered under the Criminal Law Consolidation Act 1935 (SA). Some of the specific provisions relating to children, young people and vulnerable adults are explained in this section. Children, young people and vulnerable adults may also be the victims of the common and other sexual offences covered in the general sexual offences section of this Handbook, see Sexual Offences.
Any person who encourages another person to use a website, and intends the other person to use the website to deal with child exploitation material, is guilty of an offence [Criminal Law Consolidation Act 1935 (SA) s 63AB(5)].
It is not necessary for the prosecution to prove:
Encourage includes suggest, request, urge, induce or demand.
Maximum penalty:
10 years imprisonment
Any person who hosts or administers, or assists in the hosting or administration of a website used by another person to deal with child exploitation material either:
is guilty of an offence [Criminal Law Consolidation Act 1935 (SA) s 63AB(1)].
Hosting a website includes [s 62]:
Administering a website includes [s 62]:
Deal with child exploitation material includes [s 62]:
It is not necessary for the prosecution to prove the identity of the person that was using the website to deal with child exploitation material [s 63AB(4)].
However, it is a defence to prove that on becoming aware that the website was or had been used by another person to deal with this material, the person took all reasonable steps to prevent any person from being able to use the website to deal with child exploitation material [s 63AB(2)]. In determining whether reasonable steps were taken, regard will be had to whether, as soon as possible, the person [s 63AB(3)]:
Maximum Penalty:
10 years imprisonment
On 1 June 2022, Division 11B was inserted into the Criminal Law Consolidation Act 1935 (SA).Specific criminal offences now exist in relation to failing to report or protecting a child from institutional and out of home care child sexual abuse [ss 64A, 65].
Definitions
For the purposes of the two offences, the definitions are outlined in section 64 of the Criminal Law Consolidation Act 1935 (SA), and are defined below.
Institution means an entity (whether private or public) that operates facilities or provides services to children who are in the care, or under the supervision or control, of the institution and includes (without limitation) medical and religious institutions and any services or functions provided by persons as part of the duties of a medical practitioner or of a religious or spiritual vocation; or an entity of a class prescribed by the regulations [s 64].
Out of home care means care provided to a child where:
any other care of a kind declared by the regulations to be included in the ambit of this definition.
Sexual abuse of a child includes any unlawful conduct of a sexual nature committed to, or in relation to, a child.
A prescribed person means an adult who:
Failure to report suspected child sexual abuse
A prescribed person is guilty of an offence if the person knows, suspects or should have suspected that another person (the abuser):
and the prescribed person refuses or fails to report that to the police.
Maximum penalty: 3 years imprisonment
[Criminal Law Consolidation Act 1935 (SA) s 64A(1)]
The defendant should have suspected that another person has engaged is engaging or is likely to engage in sexual abuse of a child if a reasonable person in the defendant's circumstances would have held the relevant suspicion and the defendant's failure to hold that suspicion, if judged by the standard appropriate to reasonable person in the position, amounts to criminal negligence [s 64A(2)].
A prescribed person may be guilty of an offence under this section in respect of any knowledge, suspicion, or circumstances in which they should have held a suspicion, occurring before 1 June 2022, but in such a case the person will not be guilty of the offence unless:
[s 64(3)]
It is a defence to a charge of an offence under this section if the defendant had a reasonable excuse for the refusal or failure to report [s 64A(4)]. Without limiting the circumstances in which a person might be found to have had a reasonable excuse for a refusal or failure to report, a person will be taken to have had a reasonable excuse if the person refused or failed to report the matter to the police because the person believed on reasonable grounds that the matter had already been reported to the police or had been reported under Chapter 5 Part 1 of the Children and Young People (Safety) Act 2017 (SA) [s 64A(5)]. See further Notification Requirements.
If a prescribed person reports a matter to the police, in good faith, believing that the report was required under this section, no civil or criminal liability lies against the person for making the report. Additionally, the person cannot be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct, for making the report [s 64A(6)].
Sections 163 (other than section 163(1)(ab)) and 165 of the Children and Young People (Safety) Act 2017 (SA) apply in relation to a prescribed person who reports a matter to the police under this section as if they had provided the information under Chapter 5 Part 1 of that Act [s 64A(7)]. See further Notification Requirements.
Failure to protect child from sexual abuse
A prescribed person is guilty of an offence if:
Maximum penalty: 15 years imprisonment.
[Criminal Law Consolidation Act 1935 (SA) s 65(1)]
It is not necessary for the prosecution to prove that sexual abuse of a child occurred to make out an offence against section 65(1) [s 65(2)].
For the purposes of section 65, a person is in a position of authority in relation to a person under the age of 18 years (the child) if the person [s 65(3)(a-i)]:
Any person who is in possession of child exploitation material (child pornography) knowing of its pornographic nature; or who intends to obtain, or makes a step towards obtaining, such exploitation material is guilty of an offence [s 63A(1) of the Criminal Law Consolidation Act 1935 (SA)].
Maximum penalty:
12 years imprisonment
It is a defence to this charge to prove that the material was unsolicited and that the person took reasonable steps to get rid of it as soon as they became aware of the material and its nature [s 63A(2)].
Any person who is in possession of a child-like sex doll is guilty of an offence [Criminal Law Consolidation Act 1935 (SA) s 63AAB].
Maximum penalty:
15 years imprisonment
A child-like sex doll means [s 62]:
Any person who knowingly produces, or takes part in any stage of the production of, child exploitation material is guilty of an offence. It is also an offence to distribute, or take part in any stage of the distribution of, child exploitation material whilst knowing of its pornographic nature [s 63 of the Criminal Law Consolidation Act 1935 (SA)].
Maximum penalty:
Imprisonment for 15 years
Any person who produces, or takes any step in the production of, a child-like sex doll is guilty of an offence [Criminal Law Consolidation Act 1935 (SA) s 63AA].
Maximum penalty:
15 years imprisonment
A child-like sex doll means [s 62]:
It is an offence for a person to encourage or procure a child to commit an indecent act.
It is also an offence to, for the person's own, or another's, sexual gratification, to cause or persuade a child to expose any part of his or her body or to make a photographic, electronic or other record from which the image of a child engaged in a private act may be reproduced. A private act includes any sexual act, nudity or intimate bodily function.
Maximum penalty:
[s 63B(1) of the Criminal Law Consolidation Act 1935 (SA)]
An aggravated offence, for the purpose of the s 63B(1) offence, includes where the offender committed the offence knowing that the victim of the offence was aged under 14 at the time [see s 5AA(1)(e)]. It can also include other general aggravating factors as set out in section 5AA.
It is also an offence to procure a child or to make a communication with the intention of procuring a child to engage in sexual activity, even if the victim is a fictitious person represented as a real person.
Maximum penalty:
[s 63B(3) and (3a) of the Criminal Law Consolidation Act 1935 (SA)]
An aggravated offence, for the purpose of the s 63B(3) offence, includes where the offender committed the offence believing that the victim of the offence was aged under 14 at the time [see s 5AA(1)(e)]. It can also include other general aggravating factors as set out in section 5AA.
It is a defence if the accused person (other than accused people in positions of authority) proves that:
[s 63B(4) of the Criminal Law Consolidation Act 1935 (SA)]
A further defence exists if an accused person (who is in a position of authority providing religious, sporting, musical or other instruction to the child) proves that:
[s 63B(4a) of the Criminal Law Consolidation Act 1935 (SA)]
What is sexting?
Sexting involves sharing intimate messages, images or videos via text or live chat. For more information about sexting and how to reduce the risks and deal with harassment and abuse, please refer to the eSafety Commissioner
Is sexting illegal?
Yes, if it involves child abuse material, or offends laws against indecency and offensive or harassing behaviour.
Federal Law
Under the Criminal Code Act 1995 (Cth) it is an offence to use a carriage service (including phone or internet services) to access, receive, transmit, make available, publish, distribute, advertise or promote child abuse material [s 474.22]. Child abuse material is defined in section 473.1, and includes material that depicts or describes a person or representation of a person who is, or appears to be, under the age of 18 years (including a doll) engaged in a sexual pose or activity, or depicting a sexual organ for a sexual purpose, offensively.
Other offences under the Criminal Code Act 1995 (Cth) that could be committed by sexting include:
State Law
In South Australia sexting is illegal under the Criminal Law Consolidation Act 1935 (SA) if it involves the possession, production or dissemination of child exploitation material.
Under the Criminal Law Consolidation Act 1935 (SA):
Child exploitation material means material that:
Production and dissemination includes producing or taking steps to produce or disseminate child exploitation material, knowing of its pornographic nature [s 63]. The maximum penalty for this offence is 15 years imprisonment..
What if someone sent me child exploitation material even though I didn’t ask for it?
It is a defence to a charge of possessing child exploitation material if it can be proved that the material came into the defendant’s possession unsolicited and that the defendant, as soon as they became aware of the material and its nature, took reasonable steps to get rid of it [s 63A(2)].
Under section 51 of the Criminal Law Consolidation Act 1935 (SA) there are two specific sexual offences where the victim has a cognitive disability:
Sexual intercourse or indecent contact
Under section 51(1) of the Criminal Law Consolidation Act 1935 (SA) it is an offence for someone who provides a service to a person with a cognitive impairment to, by undue influence, have sexual intercourse or indecent contact with that person.
This offence applies whether or not the offender is a worker or a volunteer.
Maximum penalty: 10 years imprisonment
Indecent manner
Under section 51(2) of the Criminal Law Consolidation Act 1935 (SA) it is an offence for someone who provides a service to a person with a cognitive impairment to behave in an indecent manner in the presence of that person without the person’s consent.
There is no consent if the consent was only obtained by undue influence.
This offence applies whether or not the offender is a worker or a volunteer.
Maximum penalty:
First offence - 3 years imprisonment
Subsequent offence – 5 years imprisonment
What is a cognitive impairment?
For these offences cognitive impairment includes:
[Criminal Law Consolidation Act 1935 (SA) s 51(5)]
Undue influence
Undue influence is about improperly taking advantage of another person’s weakness to get them to agree to something.
Undue influence is defined in these offences as including the abuse of a position of trust, power or authority [Criminal Law Consolidation Act 1935 (SA) s 51(5)].
Evidence – reverse burden of proof
For the purpose of these offences a defendant who is in the position of power, trust, or authority, to the alleged victim is presumed to have obtained consent of the victim by undue influence.
This is the case unless the defendant proves, on the balance of probabilities, that they did not get consent in that way [Criminal Law Consolidation Act 1935 (SA) s 51(4)].
Evidence - victim or witness with cognitive impairment
The court can also make special arrangements for protecting vulnerable witnesses, which includes a victim or witness with a cognitive impairment, giving evidence in criminal proceedings [see further Evidence Act 1929 (SA) ss 13A, 14A]. For more information see Evidence of vulnerable witnesses.
Partner exception
The offences do not apply to a person who is legally married to, or the domestic partner of, the person with a cognitive impairment [Criminal Law Consolidation Act 1935 (SA) s 51(3)].
However other criminal laws apply in relation to rape, assault, and other offences, even if the people are legally married or in a de facto relationship [see further the sections in the handbook on family violence, rape, compelled sexual manipulation, indecent assault].
Further information
The Legal Services Commission runs community legal education programs for people living with a disability and workers – see the page on Disability Justice.
Any person 17 years or older can have sexual relations with another person aged 17 years or more, if they each consent. This can be a person of the same or the opposite sex [Criminal Law Consolidation Act 1935 (SA) s 57]. It is against the law for a person in a position of authority (for example, a teacher) to have sex, or to try to have sex with a person under 18 years [Criminal Law Consolidation Act 1935 (SA) s 49; see s 49(5a) for a defence in limited circumstances].
The offence of Unlawful Sexual Intercourse includes:
Willingness of the alleged victim to engage in sexual intercourse is not a defence to any of these offences [s 49(8)]. Parental permission is also not a defence.
A useful website for young people and parents on this topic is: www.trustedmoments.com.au
Under the Child Sex Offenders Registration Act 2006 (SA) registrable offenders have to report their personal details to the Commissioner of Police [ss 11 - 13].
Who is a registrable offender?
A registrable offender is a person who [s 6(1)]:
There are also provisions deeming people registrable where they were sentenced for the same types of offences interstate and overseas [see ss 6(2), 6(3), 7 and 8, see also Child Sex Offenders Registration Regulations 2022 (SA)].
The following are not registrable offenders [ss 6(4)-(5)]:
Additionally there are provisions covering where a person ceases to be a registrable offender (for example, where the only registrable offence that makes them registrable is quashed or set aside, reduced) [s 6(6)].
Persons who committed or were sentenced for:
prior to 1 October 2022 are now taken not to be, and never to have been, registrable offenders [Statutes Amendment (Child Sex Offences) Act 2022 s 7].
Class 1 offence:
Class 1 offences are listed in Schedule 1 Part 2 of the Act. They include serious offences under the Criminal Law Consolidation Act 1935 (SA) against a child victim (such as murder, endanger life, rape, unlawful sexual intercourse*, kidnapping) where the offence also involves a sexual offence.
(* Does not include unlawful sexual intercourse where the victim consents and either: the offender was aged 18 and the victim not less than 15 at the time of the offence, or the offender was aged 19 and the victim not less than 16 at the time of the offence.)
Class 1 offences also include offences against certain federal criminal laws such as offences of sexual abuse, and other unlawful sexual activity with children under 16 (and in the case of a person of trust and authority children who are 16 and 17 also), committed outside of Australia. These offences include associated procuring, grooming, encouraging and benefiting from types of offences.
Conspiracy, attempt, aiding and abetting, counselling or procuring commission of any of these offences are also Class 1 offences [Schedule 1, clause 2(m) and (n)].
A full list of class 1 offences can be found in Schedule 1 Part 2 of the Act.
Class 2 offence:
Class 2 offences are listed in Schedule 1 Part 3 of the Act. They include offences (such as manslaughter, causing serious harm, risk of harm, indecent assault, dishonest communication with children) against a child where the offence also involves a sexual offence, as well as offences relating to the production, dissemination and possession of child-like sex dolls.
Class 2 offences also include offences against certain federal criminal laws such as trafficking children, and other offences such as producing, possessing or disseminating child exploitation material (child pornography), possession child-like sex dolls, and hosting, administering or encouraging the use of a website dealing with such material. Also grooming and procurement of children under 16 years via these means (including use of the postal service or a carriage service) is covered in this class.
Conspiracy, attempt, aiding and abetting, counselling or procuring commission of any of these offences are also Class 2 offences [Schedule 1 clause 3 (l) and (m)].
A full list of class 2 offences can be found in Schedule 1 Part 3 of the Act.
Child sex offender registration order
Additionally, an order can be made on sentencing for other offences for the offender to comply with the reporting obligations of this Act if the court is satisfied that the person poses a risk to the sexual safety of any child or children [s 9].
The Magistrates Court may also make an order that a person comply with the reporting obligations of the Act when they also make a paedophile restraint order [s 9(1a)].
Serious registrable offender
A serious registrable offender is a registrable repeat offender (committed on three separate occasions a class 1 or 2 offence or on 2 occasions if the victim was under the age of 14) [s 4(1)]. Additionally, a person can be declared a serious registrable offender if the Commissioner of Police is satisfied that a registrable offender is at risk of committing further class 1 or 2 offences [s4(1), s 10A(1)]. A serious registrable offender can apply to the Commissioner for written reasons for the decision and there is ability to appeal this decision of the Commissioner [ss 10B(3) and 10B(1)].
The main affect of being declared a serious registrable offender is additional reporting requirements may be imposed (see below). Additionally the Commissioner may issue a requirement to a serious registrable offender to carry a tracking device, failing to wear, carry or maintain the device is an offence, maximum penalty, $10,000 or imprisonment for 2 years [s 66N].
Reporting obligations
Registrable offenders must report their personal details to the Commissioner of police where [s 11]:
There is also an obligation to report, within 7 days of sentencing, when a registrable offender's reporting period expires but he or she is then sentenced for a registrable offence, or becomes a foreign registrable offender [s 12]
The personal details that must be reported by a registrable offender are set out in s 13 of the Child Sex Offenders Registration Act 2006 (SA) and include such things as names, cars owned or driven, tattoos, telephone numbers used, internet connection details, email addresses, passwords, usernames, and other details. These must be reported annually [s 15].
Under section 15A of the Act serious registrable offenders may be required to make additional reports as declared by the Commissioner of Police.
Despite any other provision in the Act, if a registrable offender has reportable contact with a child [defined in s 4A], the registrable offender must provide details of the contact to the Commissioner within two days of the contact occurring [s 20A].
Penalty for failing to comply with reporting obligations
The maximum penalty for failure to comply with reporting obligations without reasonable excuse is $25,000 or 5 years imprisonment [s 44].
The register and access to it
The maintenance and access to the register are governed by sections 60-65 of the Child Sex Offenders Registration Act 2006 (SA). The register is maintained by the Commissioner of Police and the Commissioner is also responsible for developing, maintaining and adhering to guidelines about access to the register. A registrable offender is able to request, in writing, access to their information and seek amendment of incorrect information [s 63].
It is an offence to disclose confidential information about a registrable offender obtained under the Act, except in accordance with the Act (including law enforcement purposes and as otherwise set out). The maximum penalty for this is 5 years imprisonment [s 67, see also Child Sex Offenders Registration Regulations 2022 (SA) reg 14].
Registrable offenders are prohibited from particular work
Registrable offenders are prohibited from applying for or engaging in work child-related work.
The maximum penalty for this is imprisonment for 5 years [Child Sex Offenders Registration Act 2006 (SA) s 65].
This includes work involving contact with a child in connection with any of the following [s 64(1)]:
(a) pre-schools or kindergartens;
(b) child care centres;
(c) educational institutions for children;
(d) child protection services;
(e) juvenile detention centres;
(f) refuges or other residential facilities used by children;
(g) foster care for children;
(h) hospital wards or out-patient services (whether public or private) in which children are ordinarily patients;
(i) overnight camps regardless of the type of accommodation or of how many children are involved;
(j) clubs, associations or movements (including of a cultural, recreational or sporting nature) with significant child membership or involvement;
(k) programs or events for children provided by any institution, agency or organisation;
(l) religious or spiritual organisations;
(m) counselling or other support services for children;
(n) commercial baby sitting or child minding services;
(o) commercial tuition services for children;
(p) services for the transport of children; and
(q) taxi services and hire car services.
There is a defence to this charge where the accused can prove that they did not know that the work was child related work [s 65(2)].
The Commissioner of Police can give a person who has committed a class 1 or 2 offence written notice to provide them with information about their work [s 65A(1)]. It is an offence to fail to comply with such a notice, maximum penalty $10,000 or imprisonment for 5 years [s 65A(2)].
Under the Act a police officer are able to disclose to any employer or prospective employer that a person has been arrested or reported for a class 1 or 2 offence and provide details of the alleged offence [s 65A(3)(b)].
A person engaged in child-related work who is arrested or reported for a class 1 or 2 offence must disclose this to their employer within 7 days (in the case of an arrest or report prior to commencement of the section – within 7 days of commencement) [s 66(1)]. A person must also, on application for work, disclose if they have been reported for such offences if proceedings have not been finalised [s 66(2)]. Under both of these provisions the maximum penalty is $5,000.
Exemptions, modifications and suspensions granted by the Commissioner of police.
The amending Act has inserted Part 5A—Exemptions, modifications and suspensions granted by Commissioner. This deals with the general power of the Commissioner of police, on application (and payment of a fee) of a registrable offender, make a declaration to modify their reporting obligations [s 66B].
The Commissioner of Police may only make such a declaration if [s 66B(4)]:
The Commissioner of Police may not make such a declaration if [s 66B(5)]:
The Commissioner of Police may refuse to consider an application to make such a declaration unless the registrable offender undergoes a risk assessment at their own expense [s 66B(2)-(3)]. The Commissioner must take into account any risk assessment, any other offending, any victim impact statement and the sentencing remarks relating to each relevant offence [s 66B(7)].
If the Commissioner does make a declaration under this part, the Commissioner can attach conditions to it [s 66B(6)].
The Commissioner of Police may also, with or without application, suspend a person’s reporting obligations on the basis that they have a disability that makes it impossible for the person to satisfy his or her reporting obligations and do not pose a risk to the safety and well-being of children [s 66C].
The Commissioner of Police may only revoke such a declaration if there is a change to the grounds on which it was made or the person is charged with any class 1 or 2 offences. The Commissioner must give the registrable offender written notice, as soon as practicable, of any declaration or revocation, or variation [s 66D(4)].
Applications can not be made within 12 months of each other by the same registrable offender [s 66D(1)(c)].
Applicants can appeal decisions of the Commissioner of Police under this Part to the Administrative and Disciplinary Division of the District Court [s 66E].
Publication of information about registrable offenders
The Commissioner can publish information about registrable offenders where the registrable offender’s whereabouts is unknown and the registrable offender either has failed to comply with reporting obligations or has provided false or misleading information [ss 66F-H].
The Act contains prohibitions on inciting animosity or harassing people identified as offenders [s 66I] and prohibitions on the publication of identifying information without written approval from the Minister [s 66J].
Change of name of registrable offender
A registrable offender must obtain the Commissioner of Police’s written permission before registering, or applying to register, to change their name. The maximum penalty for this is $10,000 or imprisonment for 2 years [s 66K].
Information provided to parents or guardian
A registrable offender who stays overnight in a house where there is a child or generally resides in the same household as a child must tell the parent or guardian of that child that they are a registrable offender and what the offence/s were that caused them becoming a registrable offender. The maximum penalty for failing to do this is $25,000 or imprisonment for 5 years [s 66L].
Search powers
Police have extensive powers to search premises of registrable offenders to ensure compliance with the Act. Included in this is the ability to break open and search cupboards etc, search computers and other devices [s 66M]. If a computer or other device requires a password to be inspected, the registrable offender must provide that, maximum penalty, imprisonment for 2 years [s 66M(2)].
Effect of spent convictions
The fact that an offence in respect of which a registrable offender has been found guilty becomes spent does not affect the status of the offence as a registrable offence for the purposes of the Child Sex Offenders Registration Act 2006 (SA) in respect of the registrable offender [s 71].
Courts have the power, where appropriate, to make a paedophile restraint order where a person has been found loitering near children; or is required to comply with reporting obligations imposed by Part 3 of the Child Sex Offenders Registration Act 2006 (SA) and either:
[See Criminal Procedure Act 1921 (SA) s 99AA(1) and Uniform Special Statutory Rules 2022 (SA) Chapter 3 Part 11.]
In considering whether to make an order the court considers a number of matters such as whether the person's behaviour aroused reasonable apprehension or fear in a child or if the person may act inappropriately towards a child. The court will also consider any prior criminal record, any evidence of sexual dysfunction suffered by the person and any other relevant matters. A child sexual offence relates to a child aged under 16 years and is widely defined to include rape, indecent assault, incest, unlawful sexual intercourse, gross indecency, child prostitution and any offence involving indecency or sexual misbehaviour. It also includes any attempts to commit these offences [s 99AA(3)].
The conditions of a paedophile restraint order can be quite broad and can restrain the person from loitering near children in any circumstances and from using the Internet in a specified manner [s 99AA(2)]. However, generally they are more restrictive, restraining the person from loitering near children in specified places or circumstances.
The procedure to obtain a paedophile restraint order is similar to a general restraining order intervention order [see further s 99AA Criminal Procedure Act 1921 (SA), Uniform Special Statutory Rules 2022 (SA) Chapter 3 Part 11 and the section in this handbook on family violence].
See further the section in this handbook on Child Sexual Assault for information on registration of offenders for other restrictions imposed on child sex offenders.
Part 4 of the Summary Offences Act 1953 (SA) regulates body piercing and body modification such as tattooing.
Except where the tattoo is made for medical reasons and is performed or administrated by a doctor, nurse or dentist, it is an offence to perform a body modification procedure on a person under the age of 18 [s 21R]. It is also an offence to perform such a procedure on an intoxicated person [s 21Q]. However, it is a defence to a charge if the person performing the procedure can prove that at the time of the offence, they actually believed, and had reasonable cause to believe, that the person, for s 21R, was an adult; or for s 21Q, was not intoxicated.
Maximum penalty: $5,000 fine or 12 months imprisonment
Body modification procedure means—
[Summary Offences Act 1953 (SA) s 21P]
A person must not sell body modification equipment (for example, ear stretching tapers) to a person under the age of 18 [s 21T].
Maximum penalty: $2,500 fine
A person must not perform any intimate body piercing on a person under the age of 18, or any other body piercing on a person under the age of 16 without first obtaining the consent of the minor’s guardian [s 21R(2)(b)].
Maximum penalty: $5,000 fine or 12 months imprisonment
Consent, referred to above, for under 16 year olds, must be given in person or in writing, in the prescribed form, verified by statutory declaration [s 21S(1)(b)(ii)].
Maximum penalty: $5,000, Expiation fee: $315
Providing false information about age or consent of a minor or guardian is also an offence under the Act [s 21W].
Maximum penalty: $2,500
The Act requires those who offer piercing and body modification services for sale to display prescribed information [s 21U] and to keep records [s 21 V].
Maximum penalty: $1,250, Expiation fee: $160
The following prescribed information is set out in the Summary Offences Regulations 2016 (SA) [reg 16(1)]:
(a) that it is an offence to perform an intimate body piercing or body modification procedure on a person under the age of 18 years;
(b) that the penalty for an offence referred to in paragraph (a) is a fine of $5 000 or imprisonment for 12 months;
(c) that it is an offence to perform any other body piercing on a minor under the age of 16 years without first obtaining the consent of the minor's guardian—
(i) in person; or
(ii) in writing in the prescribed form and verified by statutory declaration;
(d) that the penalty for an offence referred to in paragraph (c) is a fine of $5 000 or imprisonment for 12 months;
(e) that it is an offence to sell body modification equipment to a person under the age of 18 years;
(f) that the penalty for an offence referred to in paragraph (e) is a fine of $2 500;
(g) that proof of age may be required—
(i) before a body piercing or body modification procedure may be performed; or
(ii) before body modification equipment may be purchased.
Regulation 16(2) requires that this prescribed information be printed on a notice in any readily legible font no smaller than 12 points and be displayed in a prominent place at the premises at which the procedures are offered.
Alcohol
If a child is sold or given liquor on licensed premises, the child, the licensee, the responsible person, and any other person who supplies the child, have committed an offence [Liquor Licensing Act 1997 (SA) s 110].
Maximum penalty
For a first offence by a licensee or responsible person: $20,000
For a second or subsequent offence by a licensee or responsible person: $40,000
Any other person who sells or supplies: $5,000
Expiation fee: $1,200
Liquor can be supplied at meals in the presence of a child but cannot be served to the child. Children cannot enter or remain on premises where a late night permit or an entertainment venue licence is in place or licensed areas which are declared out of bounds to minors [Liquor Licensing Act 1997 (SA) s 112]. In these situations, a sign should be displayed prohibiting access to minors.
It is illegal for minors to consume alcohol in any public place (unlicensed) unless they are with a parent or guardian, or their parent or guardian has given a responsible adult permission and the minor is responsibly supervised. However, if a public area is designated as a 'dry zone' it is against the law for anyone to drink there.
Private Parties
Parents hosting a party for teenagers should be aware of any insurance and legal implications of serving alcohol to teenagers. At a party in a private house, it is an offence to supply children with alcohol unless the person supplying the adult is a responsible adult or an authorised adult who has permission from a responsible adult, and that supply is consistent with the responsible supervision of the child [Liquor Licensing Act 1997 (SA) s 110A(1), s 110A(4)] . A responsible adult is an adult who is the parent of the child, someone standing in the position or having the responsibilities of a parent, or the spouse or domestic partner of the child [s 109C]. Responsible supervision includes consideration about the age of the child, whether the responsible or authorised adult is intoxicated, whether the child is intoxicated, and the quantity and type of alcohol provided [s 110A(5)].
If these conditions are not met, the maximum penalty is a fine of $10,000 ($500 expiation fee).
Other issues may arise at private parties that provide alcohol without responsible adults present. If someone is injured or property is damaged, a lack of supervision may be a factor in establishing negligence. When members of the public are invited on to private property, the occupier (host) owes those invited a duty of care to avoid reasonably foreseeable harm. This duty of care can extend to trespassers (such as gate-crashers) if their presence and exposure to danger was reasonably foreseeable and the occupier took no action to avoid it [Civil Liability Act 1936 (SA) s 20(6)]. It is essential to have a plan in place to deal with emergencies.
See also Gatecrashing - trespassing at private parties and our Young People and Parties Factsheet.
Under the Public Intoxication Act 1984 (SA) the police can apprehend anyone (including a child) if they believe they are under the influence of alcohol and unable to take proper care of themselves. The police can then take them home or to a police station or sobering up centre. Where reasonably possible, the parents or guardians of a child who is detained should be contacted and special arrangements should be made to keep the child away from contact with adults who are detained at the same place [ss 6, 7].
See also our Alcohol and the Law Factsheet.
Vaping and tobacco products
Many of the offences relating to vaping apply equally to tobacco products.
From 1 July 2024, vapes sold across Australia (whether or not they contain nicotine) may only be sold in a pharmacy [Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 (Cth)].
Between 1 July and 30 September 2024, a prescription from a doctor or nurse practitioner was required to purchase a vape containing nicotine in Australia. From 1 October 2024, people 18 years and older no longer need a prescription to buy a nicotine vape.
In South Australia, the Tobacco and E-Cigarette Products Act 1997 (SA) governs the sale of tobacco and e-cigarette products (vapes), including accessories [s 4].
It is an offence under the Tobacco and E-Cigarette Products Act 1997 (SA) to sell or supply a vape product, or possess a vape product for sale, to anyone, unless authorised under any other Act or law. If a person possesses a prescribed amount of vapes, it will be presumed that their possession is for the purposes of sale [s 39B(3)]. The prescribed quantity is 2 or more vapes, 60 mL or more of liquid and 4 or more vape products [Tobacco and E-Cigarette Products Regulations 2019 (SA) reg 4A].
It is also an offence to sell or supply a tobacco or vape product to a person under 18 years, even if they have a prescription [Tobacco and E-Cigarette Products Act 1997 (SA) s 39E(5a)]. Prior to 28 November 2024 it was possible for a person under 18 years to obtain a prescription to be sold or supplied a vape pursuant to an exemption which has now been repealed. However, the offence does not apply to the sale or supply of a vape product by a person authorised under any other Act or law to sell or supply vape products until 1 February 2025 [Tobacco and E-Cigarette Products Regulations 2019 (SA) sch 1]. Expiation fee for a body corporate $30,000 or individual $10,000. A person who is, or has recently been in possession of a tobacco or e-cigarette (vaping) product, and who is suspected of being under 18 years old may be asked to show proof of their age [s 70AB]. It is offence to refuse or give a false statement or identification. Children under the age of 18 in possession of tobacco or vape products may have those products seized by police officers or teachers at the child’s school [s 70A]. There is no entitlement to compensation for the confiscated objects which must be destroyed.
See also Tobacco and E-Cigarettes and our Cigarettes and the Law Factsheet. For more information about vaping and young people, please visit the Australian Government's Department of Health and Aged Care website.
It is also an offence to:
From 28 November 2024, the maximum penalties have increased significantly. Refer to CBS's Tobacco and E-Cigarette Products Act 1997 Changes to Maximum Penalties and Expiation Fees – 28 November 2024 (PDF, 370 KB).
Other drugs
Under the Controlled Substances Act 1984 (SA), it is an offence to consume, possess, manufacture, sell or supply any controlled (unlawful) drug. There are many other offences that relate to the use and manufacture of drugs, including synthetic drugs and drug alternatives. See more in the section on Drug Offences.
Young offenders are dealt with differently to adults with regards to drug offences and possible sentencing options exist include informal or formal police cautions or Family Conferences (see Young offenders). However, the option of an expiation notice for a simple cannabis possession offence does not apply [s 45A(2)].
Drug offences committed against children are taken very seriously and heavy penalties can apply. The sale, supply or administration of a controlled drug to a child or in a school zone attracts a maximum penalty of $1 million or life imprisonment or both [Controlled Substances Act 1984 (SA) ss 33F and 33G].
See further our Drugs and the Law Factsheet.
A bet by a child (under 18) or by an adult with a child is an offence under the Lottery and Gaming Act 1936 (SA) [ss 53, 54]. It is also an offence to receive money from a child for the purpose of gambling [s 55].
Children cannot operate poker machines or enter areas where poker machines are operating [Gaming Machines Act 1992 (SA) ss 56-58]. Similar restrictions apply to 'Keno' games in licensed premises.
It is also an offence to sell lottery tickets to children under the age of 18 years, State Lotteries Act 1966 (SA) [s 17B]. However, it is a defence if the ticket seller reasonably believed the child was over 18 years.
A person must not cause or permit a child under 15 years of age to sell lottery tickets, unless the child is accompanied by and under the supervision of an adult [Lotteries Act 2019 (SA) s 31].
See also Cheating at Gambling.
It is an offence for a person aged 18 years and over to use deceptive means in order to meet or arrange to meet a child.
A person aged 18 years or over who:
is guilty of an offence. It does not matter if the victim is a fictitious person represented as a real person. Maximum penalty: imprisonment for 5 years.
See section 139A(1) of the Criminal Law Consolidation Act 1935 (SA).
Further, a person who engages in the above conduct AND with the intent to commit an offence against the child will be guilty of an offence. Maximum penalty: imprisonment for 10 years [see s 139A(2)].
The definition of a child for these offences is any person under the age of 17 years.
Where a child (a person under 16 years) or a vulnerable adult dies or suffers harm as a result of an act, the person who, at the time of the act, had a duty of care to the victim, may be charged with an offence under section 14 of the Criminal Law Consolidation Act 1935 (SA).
Vulnerable adult means a person aged 16 years or above whose ability to protect himself or herself from an unlawful act is significantly impaired through physical disability, cognitive impairment, illness or infirmity [s 13B(1)].
An act includes an omission and a course of conduct [s 13B(1)].
To be guilty of this offence a person would:
See Criminal Law Consolidation Act 1935 (SA) s 14(1).
Harm in these matters means physical or mental harm (whether temporary or permanent) [s 21], and includes detriment caused to the physical, mental or emotional wellbeing or development of a child or vulnerable adult (whether temporary or permanent) [ss 13B(2) and 13B(3)].
A defendant has a duty of care to the victim if they are the parent or guardian or the victim, or where they have assumed responsibility for the victim's care [s 13B(4)].
The maximum penalty if the child or vulnerable adult dies is imprisonment for life. In any other case the maximum penalty is imprisonment for 15 years [s 14(1)].
This is a lesser charge than murder or manslaughter and may be used in circumstances where it is not clear precisely who is responsible for the death (or harm) of a child. Often in cases involving death or harm to a child (or vulnerable adult) it is clear that at least one of the caregivers was responsible but proving beyond a reasonable doubt that it was one parent/guardian rather than the other, particularly where both accuse one another and where the victim cannot testify, can be extremely difficult. This offence allows for charges to be laid in such circumstances [see s 14(2)]. The emphasis is on the fact that an act has occurred and insufficient protection was provided by the person or persons responsible for the care of the child or vulnerable adult.
Where a defendant is charged under this section in respect of a course of conduct, it is not necessary to prove that the defendant was aware, or ought to have been aware, that harm would be caused to the victim by each act making up the course of conduct [s 14(3)(a)].
Failure to provide food
Section 14A of the Criminal Law Consolidation Act 1935 (SA) provides for an offence where a person fails, without lawful excuse, to provide (and where they are liable to provide) necessary food, clothing or accommodation to a child or vulnerable adult [s 14A]. Maximum penalty for this offence is imprisonment for 3 years.
It is an offence for a person to carry an offensive weapon or have possession of a dangerous article without a lawful excuse [see Summary Offences Act 1953 (SA) s 21C]. For more information about weapons offences, see CRIMINAL AND TRAFFIC OFFENCES, Weapons.
Knives
As of 3 February 2012, it is an offence to sell a knife to a minor under the age of 16 years [see Summary Offences Act 1953 (SA) s 21D(1)]. The maximum penalty for this offence is a fine of up to $20 000 or imprisonment for up to two years.
A knife for the purposes of this offence does not include a razor blade permanently enclosed in a cartridge or a disposable plastic or wooden knife used for eating [ See reg 8 Summary Offences Regulations 2016 (SA)].
It is a defence if the person selling the knife requested a prescribed form of evidence of age, such as a driver's licence or proof of age card, and the minor made a false statement or produced false evidence of their age, resulting in the sale [see s 21D(2)].
It is also an offence, as of 3 February 2013, for a person to market a knife to any person for sale or hire in such a way as indicates or suggests (by its name or description) the knife is suitable for combat or is otherwise likely to encourage the use of the knife as a weapon [see Summary Offences Act 1953 (SA) s 21D(4)]. The maximum penalty for this offence is a fine of up to $20 000 or imprisonment for up to two years.
Firearms
Any person who has a firearm in his or her possession without holding an appropriate licence is guilty of an offence under the Firearms Act 2015 (SA) s 9. A person under the age of 18 cannot normally hold a firearms licence [s 14(3)] but some exceptions apply.
A child aged between 12 and 17 years who is a member of a recognised firearms club and needs to hold a firearms licence for competitions held in another state or country, may obtain a category 1 (shooting club) licence for 3 years [Firearms Regulations 2017 (SA) reg 14(7)].
A child aged between 15 and 17 years whose employer or relative is the operator of a business in primary production may obtain and hold a category 5 (primary production) licence for an A or B class firearm, but may not acquire a firearm [reg 18(4)].
Children aged 10 to 14 years may use a registered firearm (category A or air handgun) under the continuous supervision of a guardian (or other person approved by their guardian) who holds an appropriate licence for the purpose for which the firearm is being used [s 8].
Children 14 to 17 years may also use a registered firearm (category A, B or H) under the continuous supervision of a guardian (or other person approved by their guardian) who holds an appropriate licence for the purpose for which the firearm is being used [s 8].
There is also provision for very specific circumstances relating to coaching, sporting and theatrical or film productions [reg 40].
From 16 December 2024, under Part 7D of the Criminal Law Consolidation Act 1935 (SA), it is an offence for a prescribed adult to take any steps to require, recruit or encourage a child to
For the purposes of s 267AB, a prescribed adult is either a member of a criminal organisation aged 18 or older, or a person who is 21 years of age or older. A child is a person under the age of 18.
A prescribed adult may be charged with and convicted of an offence against s 267AB regardless of whether the child they encouraged or recruited actually engaged in criminal conduct and regardless of whether the child is charged with criminal offending [s 267AB(2)].
The maximum penalty for an offence against s 267AB will depend on the major indictable offence the child was encouraged or recruited to commit. It will be either imprisonment for 15 years or the maximum penalty for the major indictable offence, if that is higher than 15 years [s 267AB(1)].
Any person seeking support and information in relation to elder abuse can call the National Elder Abuse Helpline on 1800 353 374 (1800 ELDERHelp) or the SA Elder Abuse Prevention Phone Line on 1800 372 310.
Elder abuse is any action, or lack of action, deliberate or unintentional, which causes distress, harm, or serious risk of harm to an older person, or loss or damage to property or assets.
Information about elder abuse, including signs and effects, is available on the SA Health website.
Some types of elder abuse can amount to a criminal offence, such as assault. Other types of elder abuse may have different legal remedies, such as a civil claim or an intervention order.
What is an act of elder abuse?
Elder abuse can occur as a result of the direct actions or omissions of a person perpetrating the abuse. An act of abuse includes a failure to act, such as failing to provide a person with adequate accommodation, medical care or clothing.
Elder abuse can also occur as a result of indirect actionsof a person, for example when they make threats to harm someone the victim is close to and this causes the victim distress.
Similarly, a person commits an act of abuse if they:
Types of elder abuse
Elder abuse can take many different forms and a person may experience more than one type of abuse. It is generally accepted that the types of elder abuse (and some examples of what constitutes that abuse) are:
Physical
Such as inflicting pain or injury on a person.
Psychological
Such as using actions or language to intimidate a person or cause them fear or distress, depriving them of their liberty, threatening to institutionalise them or cause them physical injury, using racial or derogatory taunts.
Financial
Such as misusing the person's money, assets, property or resources, improper use of planning documents such as Powers of Attorney, unlawful access to and use of a person's bank account, incurring debts in the person's name without their knowledge, coercing a person to sign legal or financial documents, preventing a person from seeking or keeping employment.
Social
Such as isolating the person, unreasonable denial of their social, financial or domestic autonomy, unreasonably restricting access to friends or family, stopping social contact with others.
Neglect
Such as failing to provide adequate food, shelter, accommodation, clothing, and medical care to a person, refusing to allow others to provide this care to a person.
Sexual
Such as non-consensual sexual contact, behaviour or language.
Where to seek assistance
The Adult Safeguarding Unit within the Office for Ageing Well can receive and respond to reports of elder abuse within South Australia.
For information on elder abuse and services that can help South Australians, including in Auslan, see our Abuse Prevention Accessible Videos.
There are other agencies that may be able to help depending on the circumstances of the abuse:
SA Police
In an emergency, call 000
For non urgent police assistance, call 131 444
Police may be able to take reports and lay criminal charges where the abuse amounts to criminal offending, such as physical or sexual assault, theft or property damage. The police can also issue intervention orders when appropriate.
See the SA Police website for more information.
Aged Rights Advocacy Service (ARAS)
ARAS provides support to uphold the rights of older people who are at risk of, or experiencing, abuse. ARAS can provide information, advice and advocacy to people living in Commonwealth-funded residential aged care or receiving aged care services, people living in retirement villages, or people living in the community who have concerns relating to elder abuse.
Call 1800 700 600 or (08) 8232 5377 or visit the ARAS website for more information.
Office of the Public Advocate (OPA)
The Office of the Public Advocate promotes and protects the rights of people who may need assistance with decision making. OPA provides information and advice on matters relating to Advance Care Directives and guardianship and can act as guardians of last resort.
Call 1800 066 969 or visit the Office of the Public Advocate website for more information.
Legal Services Commission
The Legal Services Commission provides free and confidential legal advice on matters relating to elder abuse and documents such as Powers of Attorney, Advance Care Directives and Wills.
Call the legal helpline on 1300 366 424 or visit the Legal Services Commission websitefor more information.
Other
Visit the Stop Elder Abuse website for more information on elder abuse. See also the list of publications including the 'Knowing Your Rights' booklet available to download from the SA Health website.
For complaints or concerns relating to Commonwealth- funded aged care services, call the Aged Care Quality and Safety Commission on 1800 951 822 or visit the Aged Care Quality and Safety Commission website.
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]:
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]:
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)]:
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)]:
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]:
An authorised officer can only use force to enter any premises, place, vehicle or vessel where either:
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]:
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:
[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:
[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:
[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.
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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