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)]:
It is an offence to possess child exploitation material knowing of its pornographic nature [Criminal Law Consolidation Act 1935 (SA) s 63A(1)(a)]. It is also an offence to intentionally obtain access or to take a step towards obtaining access to child exploitation material [s 63A(1)(b)].
Maximum penalty: imprisonment for 12 years
Child exploitation material includes material of a pornographic nature that [s 62]:
It is a defence to a charge against s 63A 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)].
It is an offence to possess a child-like sex doll [Criminal Law Consolidation Act 1935 (SA) s 63AAB].
Maximum penalty: imprisonment for 15 years
A child-like sex doll means an actual doll or other object that [s 62]:
It is an offence to produce, or take any step in the production of, child exploitation material, knowing of its pornographic nature [Criminal Law Consolidation Act 1935 (SA) s 63(a)]. It is also an offence to distribute, or take step in the distribution of, child exploitation material, knowing of its pornographic nature [s 63(b)].
Maximum penalty: imprisonment for 15 years
Child exploitation material includes material of a pornographic nature that [s 62]:
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, visit the eSafety Commissioner's website.
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 of the Criminal Code, 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 Commonwealth Criminal Code 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 [ss 63, 63A].
Under s 62 of 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.
Under the Child Sex Offenders Registration Act 2006 (SA), certain offenders (known as registrable offenders) are required to report their personal details to police and are restricted from engaging in child-related work.
Who is a registrable offender?
A registrable offender is a person who [s 6(1)]:
A person may also be deemed to be a registrable offender if they were sentenced for similar offending interstate or overseas [see ss 6(2), 7 and 8, see also Child Sex Offenders Registration Regulations 2022 (SA)].
The following are not registrable offenders [s 6(3)-(4)]:
A person will cease to be a registrable offender if the finding of guilt in relation to their relevant offending is quashed or set aside, or their sentence is reduced such that they no longer meet the statutory definition, or their child sex offender registration order is quashed [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 (SA) s 7].
Class 1 offence
Class 1 offences are listed in Schedule 1 Part 2 of the Child Sex Offenders Registration Act 2006 (SA). 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 younger than 15 at the time of the offence, or the offender was aged 19 and the victim not younger 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 the commission of any of these offences are also Class 1 offences [Schedule 1, clause 2(m) and (n)].
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 federal offences such as trafficking children, and other offences such as producing, possessing or disseminating child exploitation material, possessing child-like sex dolls, and hosting, administering or encouraging the use of a website dealing with such material. Grooming and procurement of children under 16 years via these means (including use of the postal service or a carriage service) is also covered in this class.
Conspiracy, attempt, aiding and abetting, counselling or procuring the commission of any of these offences are also Class 2 offences [Schedule 1 clause 3 (l) and (m)].
Child sex offender registration order
A court sentencing an offender for an offence that is not a class 1 or class 2 offence or in relation to offending that will not result in the offender meeting the definition of a registrable offender may choose to impose a child sex offender registration order requiring them to comply with the reporting obligations of the Act [s 9]. The court must be satisfied that the offender poses a risk to the safety and wellbeing of a child or children.
The Magistrates Court may also impose a child sex offender registration order when they make a paedophile restraining order under s 99AA of the Criminal Procedure Act 1921 (SA) or at any time the restraining order is in force [s 9(1), (1a)].
Serious registrable offender
A serious registrable offender is:
*A registrable repeat offender is a registrable offender who has committed [s 4(1)]:
A registrable offender declared to be a serious registrable offender by the Commissioner can apply to the Commissioner for written reasons for the decision and can appeal this decision of the Commissioner [s 10B].
The main effect of being declared a serious registrable offenderis that additional reporting requirements may be imposed (see below). The Commissioner may also require a serious registrable offender to wear or carry a tracking device. It is an offence to fail to wear, carry or maintain a tracking device as required by the Commissioner, with a maximum penalty of a fine of $10,000 or imprisonment for 2 years [s 66N].
Reporting obligations
Registrable offenders must report their personal details to the Commissioner of Police in the following circumstances [s 11]:
There is also an obligation to report, within 7 days of sentencing, when a registrable offender's reporting period expires but they are then sentenced for a registrable offence, or become a foreign registrable offender [s 12].
The personal details that a registrable offender must report are set out in s 13 of the Child Sex Offenders Registration Act 2006 (SA). They include current and previous names, date of birth, residential and postal address, cars owned or driven, tattoos, telephone numbers used, internet connection details, email addresses, passwords, social media accounts, internet 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 2 days of the contact occurring [s 20A].
Penalty for failing to comply with reporting obligations
The maximum penalty for failing to comply with reporting obligations without reasonable excuse is a fine of $10,000 or imprisonment for 2 years [s 44(1)]. The penalty is higher if a registrable offender fails to report reportable contact with a child without reasonable excuse [s 44(2)]. Proceedings for an offence against the Act must be commenced within 2 years of the alleged offence unless the Attorney-General authorises a later prosecution [s 46].
The register and access to it
The Commissioner of Police is required to maintain a register of registrable offenders [s 60] that sets out their personal details, identifying particulars and relevant offending.
The Commissioner is also responsible for developing, maintaining and adhering to guidelines about access to the register [s 61]. The Commissioner must provide a registrable offender with a copy of their reportable information held in the register if requested in writing, and must correct factually incorrect information if alerted by a registrable offender [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 is imprisonment for 5 years [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 child-related work. The maximum penalty is imprisonment for 5 years [Child Sex Offenders Registration Act 2006 (SA) s 65].
Child-related work means work involving contact with a child in connection with any of the following [s 64(1)]:
A person charged with applying for or engaging in child-related work contrary to the Act may have a defence if they can show that they did not know that the work was child-related work [s 65(2)].
The Commissioner of Police may give a person who is arrested or reported for 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, with a maximum penalty of $10,000 or imprisonment for 5 years [s 65A(2)]. Under the Act, a police officer may 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 [s 66(1)]. A person must also, when applying for work, disclose if they have been reported for such offences if proceedings have not been finalised [s 66(2)]. The maximum penalty for failing to comply with these requirements is a fine of $5,000.
*From 1 July 2025, child-related work includes businesses or undertakings in which children are employed, such as retail and fast-food entities, if the role involves contact with employees under the age of 18. Transitional provisions of the Child Sex Offenders Registration (Child-Related Work) Amendment Act 2024 (SA):
Exemptions, modifications and suspensions granted by the Commissioner of Police
The Commissioner of Police may, on application (and payment of a fee) of a registrable offender, modify their reporting obligations or grant them an exemption from the restriction on engaging in child-related work [s 66B(1)].
The Commissioner of Police may only do this if [s 66B(4)]:
The Commissioner of Police may not modify a registrable offender's reporting requirements or grant an exemption if [s 66B(5)]:
Despite these conditions, from 1 July 2025, the Commissioner of Police may exempt a registrable offender from the restriction on engaging in child-related work if [s 66B(5a)]:
The Commissioner of Police may refuse to consider an application for an exemption or modification 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 modify reporting requirements or grant an exemption, the Commissioner can attach conditions to it [s 66B(6)].
The Commissioner of Police may also, with or without application, suspend the reporting obligations of a registrable offender who has a disability that makes it impossible for them to satisfy their reporting obligations, provided they do not pose a risk to the safety and well-being of children [s 66C].
The Commissioner of Police may only revoke a modification, exemption or suspension 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, revocation, or variation [s 66D(4)].
Applications cannot be made within 12 months of a previous application by the same registrable offender [s 66D(1)(c)].
Applicants can appeal decisions of the Commissioner of Police to the Administrative and Disciplinary Division of the District Court [s 66E].
Publication of information about registrable offenders
South Australia now has a public disclosure scheme through which information about certain registrable offenders may be shared with members of the public.
The Police Commissioner may, but is not required to, publish photographs of, and personal information about, a registrable offender whose whereabouts are unknown, if the registrable offender has either failed to comply with reporting obligations or provided false or misleading information [s 66F].
The Police Commissioner may also provide a person, on application, with images of registrable offenders who live in their area, provided certain criteria are met [s 66FA]. The Commissioner may direct a registrable offender to whom s 66FA applies to go to a police station to be photographed for the purposes of s 66FA [s 66FA(9)]. It is an offence to fail to attend when directed, with a maximum penalty of $10,000 or imprisonment for 2 years [s 66FA(11)].
The public disclosure scheme also allows a parent or guardian to apply to police to find out whether a particular person who has regular unsupervised time with their child is a registrable offender [s 66FB]. The Police Commissioner may disclose whether or not the person is a registrable offender and the offences that resulted in the person becoming a registrable offender [s 66FB(4)].
The Child Sex Offenders Registration Act 2006 (SA) prohibits inciting animosity or harassing people identified as offenders under the public disclosure scheme [s 66I] and the publication of identifying information without written approval from the Minister [s 66J]. Breaching these prohibitions may result in imprisonment for up to 2 years.
Visit the South Australia Police Child Sex Offender Register website to view information about wanted registrable offenders or to apply for information about registrable offenders.
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 failing to comply with this requirement is a fine of $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 so is a fine of $25,000 or imprisonment for 5 years [s 66L].
Search powers
Police have extensive powers to search registrable offenders and their premises to ensure compliance with the Child Sex Offenders Registration Act 2006 (SA). Under s 66M, police may
These powers permit a police officer to break open and search cupboards and drawers and inspect computers and other devices. If a computer or device needs a password or code to be inspected, the registrable offender must provide it. Non-compliance is an offence with a maximum penalty of $25,000 or imprisonment for 5 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].
The Magistrates Court may, if satisfied that it is appropriate in the circumstances, make a paedophile restraining order in respect of a person who:
[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 will consider a number of factors including [s 99AA(3)]:
A paedophile restraining order may stop a person [s 99AA(2)]:
It is an offence to contravene a paedophile restraining order, with a maximum penalty of imprisonment for 2 years [s 99I].
Police have special search and seize powers in respect of a person who is subject to a paedophile restraining order with a condition that relates to internet use [see s 99AAB]. If police wish to search such a person's computer or other device, it may be an offence to refuse to give them the password or code [s 99AAB(2)].
A police officer, the person for whose benefit the order was made, or the person subject to the order may apply to the Magistrates Court to have a paedophile restraining order varied or revoked [s 99F]. The person subject to the order may only apply with the Court's permission and must show that there has been a substantial change in circumstances since the order was made [s 99F(1a)].
See also Registration of 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.
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 Young people and the law - Alcohol factsheet.
Vaping and tobacco products
Many of the offences relating to vaping apply equally to tobacco products. A tobacco product includes a cigarette, cigar, cigarette or pipe tobacco, shisha tobacco, tobacco prepared for chewing or sucking, snuff or any other product prescribed by regulation [Tobacco and E-Cigarettes Products Act 1997 (SA) s 4].
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. This offence applies to the sale or supply of a vape product from 1 February 2025 [Tobacco and E-Cigarette Products Regulations 2019 (SA) Sch 1].
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 an 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 Young people and the law - Smoking and vaping 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:
The maximum penalties for these and other offences have been progressively increased. See Consumer and Business Services' Tobacco and E-Cigarette Products Act 1997 Changes to Maximum Penalties and Expiation Fees (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 Young people and the law - Drugs factsheet.
A bet by a child (under 18) or by an adult with a child is an offence under the Gaming Offences 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 to carry an offensive weapon or possess a dangerous article without a lawful excuse [Summary Offences Act 1953 (SA) s 21C]. For more information about weapons offences, see Common offences - weapons.
Knives
It is an offence to sell a knife to a minor under the age of 18 [Summary Offences Act 1953 (SA) s 21D(1)]. This age was raised from 16 to 18 on 1 July 2025. The maximum penalty is a fine of up to $20,000 or imprisonment for 2 years.
A knife for the purposes of this offence does not include:
[See Summary Offences Regulations 2016 (SA) reg 8(1).]
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 to market a knife for sale or hire in a way that 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 [Summary Offences Act 1953 (SA) s 21D(4)]. The maximum penalty is a fine of up to $20,000 or imprisonment for 2 years.
It is an offence to supply a knife to a minor if the seller knows or ought to know that the minor intends or is likely to use the knife
Serious offence of violence is defined for the purposes of s 21DA and includes an offence against the Criminal Law Consolidation Act 1935 (SA) in which harm, serious harm or death is caused [Summary Offences Act 1953 (SA) s 21DA(3)].
From 1 July 2026, knife retailers must display prescribed information at each point of sale or each area in which knives are displayed for sale [Summary Offences Act 1953 (SA) s 21DB]. Prescribed information must also be published or provided to purchasers of knives sold by direct sales transaction (such as online) [s 21DB(4)]. The prescribed information tells customers that it is unlawful to sell knives to minors and that customers may be asked to show proof of age when purchasing knives [Summary Offences Regulations 2016 (SA) reg 8AA].
Also from 1 July 2026, retail premises must keep prescribed knives for sale in a securely locked cabinet or securely tethered such that members of the public cannot access them without staff assistance [Summary Offences Act 1953 (SA) s 21DC]. All knives with a sharp cutting edge or a sharp point, other than knives that may be sold to minors under reg 8(1) (enclosed razor blades, butter knives, disposable cutlery or cutlery without a sharp point), are prescribed under reg 8AB for the purposes of s 21DC. Regulation 8AC provides an exemption from s 21DC for fishing tackle shops (expiring 1 July 2028).
The maximum penalty for failing to comply with s 21DB or 21DC is a fine of $10,000 (with an expiation fee of $1,000).
Firearms
It is an offence to possess a firearm without a firearms licence [Firearms Act 2015 (SA) s 9]. A person under the age of 18 cannot usually 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 Office for Ageing Well 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.
Uniting Communities Law Centre: Elder Abuse Unit
Free support for people aged 65+ affected by elder abuse. Offers information, support and legal advice.
Call (08) 8202 5960, Monday to Friday (excluding public holidays), between 9am and 5pm or visit the Unit’s 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 Department of Human Services website for more information on elder abuse.
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 Ageing and Adult Safeguarding Act 1995 (SA) established the Adult Safeguarding Unit, which commenced operation on 1 October 2019.
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 relevant adults. This includes elder abuse.
To report abuse or suspected abuse to the Adult Safeguarding Unit, call 1800 372 310 Monday to Friday, between 9 am and 4 pm, email adultsafeguardingunit@sa.gov.au or complete the online contact form.
What does the Adult Safeguarding Unit do?
The Adult Safeguarding Unit’s primary purpose is to safeguard relevant adults [Ageing and Adult Safeguarding Act 1995 (SA) s 11A].
Safeguarding is defined by the Act as supporting the relevant adult to promote and protect their health, wellbeing and rights or, where required, protecting, or supporting others to protect, the relevant adult's health, wellbeing and rights, with the goal of enabling the relevant adult to live free from abuse [s 4A].
The Adult Safeguarding Unit receives reports of abuse, assesses relevant matters, and, when required, investigates reports of abuse or suspected abuse of relevant adults in South Australia [s 15(1)(a), 23, 25].
The Unit coordinates safeguarding responses to reports of abuse when the response needs the help of multiple agencies to support the relevant adult [s 15(1)(c)]. The Unit also refers relevant matters relating to suspected abuse to appropriate agencies [s 15(1)(e)].
The Adult Safeguarding Unit promotes and advocates for the rights and interests of relevant adults in South Australia. The Unit also provides education, information and advice to people who make reports [s 15(1)(d)].
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 relevant adult?
The Ageing and Adult Safeguarding Act 1995 (SA) defines a relevant adult as a person who is 18 years or older who may be vulnerable to abuse. Whether an adult may be vulnerable to abuse is to be determined by reference to the circumstances of the adult as they exist at the material time [s 3].
What is abuse?
For the Adult Safeguarding Unit to receive and investigate a report of abuse, a relevant adult must be experiencing, or at risk of experiencing, abuse.
The Ageing and Adult Safeguarding Act 1995 (SA) broadly defines abuse of a relevant adult as an act or series of acts, including a failure to take appropriate action, occurring within a relationship of trust, dependency or imbalance of power, that causes harm to the relevant adult [s 4(1)].
The Act states that abuse may include 1 or more of the following:
What is decision-making capacity?
It is presumed that an adult has 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 be taken to have impaired 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 relevant adult that results in an adverse (negative) outcome for them is not a sign that they have impaired decision-making capacity [s 5(3)(d)].
Who can make a report?
Any person who is concerned about a relevant 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, carers, and the person who may be vulnerable to abuse themselves.
The consent of the relevant adult is not required for a report to be made, but consent will usually be needed if a safeguarding response is proposed [s 28]. Consent is defined by the Act as “a free and voluntary decision”.
The Adult Safeguarding Unit aims to work with the relevant adult in responding to the abuse or alleged abuse.
Reports to the Adult Safeguarding Unit can be made anonymously.
The Unit must not disclose the identity of a reporter, except where the disclosure is made with the reporter’s consent, or authorised or required by law, or determined by the Director of the Unit to be necessary in the circumstances [s 49A].
How is a report made?
To report abuse or suspected abuse to the Adult Safeguarding Unit, call 1800 372 310 Monday to Friday, between 9 am and 4 pm, email adultsafeguardingunit@sa.gov.au or complete the online contact 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 relevant adults.
Once a report of abuse or suspected abuse is received, the Unit must assess the report and must [s 23(5)]:
Authorised officers have various powers available to them under the Act for the purposes of an assessment, an investigation, or monitoring the implementation of a safeguarding response (generally with the adult’s consent).
These powers include [s 30]:
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 30 as outlined above [see s 30(7)].
SACAT orders
The Adult Safeguarding Unit or an eligible person may apply to the South Australian Civil and Administrative Tribunal for orders to safeguard relevant adults [s 31].
An eligible person includes the relevant adult, a guardian, or a substitute decision-maker [s 31(5)].
The orders that may be made include [s 33]:
Consent of the relevant adult
The Adult Safeguarding Unit will seek the consent of the relevant adult before undertaking a safeguarding response [s 28].
There are limited circumstances where the Unit may act to safeguard an adult without first obtaining their consent. These include [s 28(2)]:
Serious financial abuse means the improper use of a relevant adult's assets or the use or withholding of a relevant adult's resources to the extent that the abuse has caused, or is likely to cause, hardship to, or otherwise have a significant impact on, the relevant adult [s 4B(2)].
Serious criminal offence means a criminal offence which has been, or is likely to be, committed against a relevant adult which has had, or is likely to have, a significant adverse impact on the relevant adult or their ordinary quality or standard of living [s 4B(3)].
Whether abuse, financial abuse or a criminal offence is serious is to be determined on a case-by-case basis with reference to the impact of the abuse or offence on the relevant adult to whom the relevant matter relates [s 4B(4)].
Safeguarding Plans
As part of a safeguarding response, the Unit will explore ways in which the relevant 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 relevant adult (except in specific circumstances, see Consent of the relevant adult above).
The Unit may suggest a multi-agency response, where various agencies work together to provide support to the relevant adult in addressing the abuse. The Unit may provide a lead role in coordinating agencies in responding to the abuse of the relevant adult, including by holding an inter-agency adult safeguarding meeting to develop a safeguarding plan.
In conjunction with the relevant 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 (July 2026) (PDF download, 2.9MB) page 30].
Complaints
A complaint about a decision or action of the Adult Safeguarding Unit should first be raised directly with the Unit.
Internal review
A person who is unhappy with a decision made by the Adult Safeguarding Unit may be able to request an internal review by the Chief Executive of the Department of Human Services.
An application for internal review should be made within 30 days of receiving the decision notice, by emailing the Office of the Chief Executive at: enquiries@dhs.sa.gov.au
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 (July 2026) (PDF download, 2.9MB) page 48].
The internal review must be completed within 30 days [Ageing and Adult Safeguarding Act 1995 (SA) s 38(3a) and Ageing and Adult Safeguarding Regulations 2019 reg 9] unless further information has not been provided if requested or there are special reasons requiring an extension of time [Ageing and Adult Safeguarding Act 1995 (SA) s 38(3b)].
The decision under review can be confirmed, varied or reversed [s 38(3)], and the complainant will be notified of the outcome of the review and the reasons for the determination made [s 38(4)].
An internal review may commence, or may continue, despite the relevant adult having died, if considered to be in the public interest to do so [s 38(2a)].
External review
A person who is dissatisfied with an internal review determination relating to circumstances in which a relevant adult is, or is suspected of being, at risk of serious abuse may apply to the SA Ombudsman for an external review [s 40(1)].
Serious abuse is defined as abuse which has had, or is likely to have, a significant impact on the relevant adult [s 4B(1)]. Whether abuse is serious is determined on a case-by-case basis with reference to the impact of the abuse on the relevant adult to whom the relevant matter relates [s 4B(4)].
An external review may commence, or may continue, despite the relevant adult having died, if considered to be in the public interest to do so [s 40(1a)].
For more information, see the Adult Safeguarding Unit website.
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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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