Disability Inclusion Act 2018
Requirement
Part 6A - Restrictive practices
23ZE - Minister to provide annual report on operation of Part to Parliament
The Chief Executive must, not later than 31 October in each year, cause a report on the operation of this Part during the preceding financial year to be prepared and provided to the Minister, setting out -
the number of Authorised Program Officers authorised by the Senior Authorising Practitioner during that financial year; and
the number of authorisations of the use of level 1 or 2 restrictive practices by the Senior Authorising Officer during that financial year (including any authorisations of the further use of such restrictive practices); and
the kinds of restrictive practices authorised to be used by the Senior Authorising Officer during that financial year; and
any other information required by the regulations.
The Minister must, within 12 sitting days after receiving a report under this section, lay a copy of the report before both Houses of Parliament.
A report under this section may be combined with the annual report of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act (in which case the Minister need not lay a copy of the report before both Houses of Parliament under subsection (2)).
During the 2022–23 financial year there were 71 Authorised Program Officers who met the selection criteria outlined in the Disability Inclusion (Restrictive Practices - NDIS) Regulations 2021, and were authorised by the Senior Authorising Officer to undertake the role. Five nominees were not authorised, while one Authorised Program Officer was revoked.
A total of 4,137 restrictive practices were authorised by the Senior Authorising Officer in relation to 990 NDIS participants, comprising:
- 3,462 authorisations of environmental, chemical and mechanical restrictive practices. These may be Level 1 or Level 2 restrictive practices depending on the circumstances.
- 675 authorisations of seclusion and physical restrictive practices, which are categorised as Level 2 practices.
Gaming Machines Act 1992
Requirement
73BA - Gamblers Rehabilitation Fund
The Minister responsible for the administration of the Family and Community Services Act 1972 must, on or before 30 September in each year, prepare a report on the application of the Fund during the preceding financial year and must cause copies of the report to be laid before both Houses of Parliament.
The Gamblers Rehabilitation Fund (GRF) provides funding for programs and services that aim to minimise or address the harm caused by gambling. This includes funding for gambling help services across South Australia, including services targeting cohorts at risk of experiencing gambling harm, and online and telephone gambling help services.
During 2022–23, the GRF, which is administered by the DHS Office for Problem Gambling (OPG), allocated approximately $6.1 million in funding to 12 gambling help services in each State Government region and 16 targeted services. In the past year, a number of these services were re-commissioned with new and modernised service delivery contracts that align to leading practice in gambling harm minimisation.
Following on from the launch of the Minimising Gambling Harm in South Australia Investment Plan 2021-2026, which outlines the strategic direction for the GRF as well key as priority projects to be delivered, the OPG released its Monitoring and Evaluation Framework (MEF). Released in November 2022, the MEF will be used to evaluate progress made in achieving objectives within each strategic priority of the Investment Plan. Key Result Areas, Key Performance Indicators and Key Performance Measures have been developed for this purpose.
During the past year, OPG also released its Strategic Research Agenda 2022–2026 and received a number of applications with approved research activities to occur in 2023–24. The Strategic Research Agenda will:
- build the evidence for what works to prevent and minimise gambling harm in South Australia
- foster growth of the gambling research community in South Australia
- allow for testing of novel ideas in prevention and harm minimisation
- usefully inform policy development, regulatory action, and practice.
As part of the successful Here for the Game sports betting campaign, a number of professional sporting clubs in South Australia joined with the Adelaide United Football Club to challenge the normalisation of gambling in sport and eschew sports betting sponsorship. This included the Adelaide 36ers, Adelaide Giants and Adelaide Football Club (the Crows). OPG also commenced work to develop a grass roots program as part of the Here for the Game program that aims to create safer gambling environments in amateur sporting clubs.
Julia Farr Services (Trusts) Act 2007
Requirement
9 - Annual report
The administrative unit of the Public Service that is primarily responsible for assisting a Minister in relation to the provision of disability services in the State must include in its annual report for each financial year a statement that sets out, insofar as is reasonably practicable, the following information, as at 30 March of the financial year to which the report relates, with respect to the persons who are residents of the Fullarton campus on 30 June 2007:
the number of persons resident at the Fullarton campus;
with respect to the persons resident at a place other than the Fullarton campus, a broad description of the nature of their accommodation;
during the preceding period of 12 months -
the processes used to plan and implement the relocation of any person to accommodation other than the Fullarton campus;
the number of persons who returned to accommodation at the Fullarton campus, and the circumstances of their return.
A report under subsection (1) should be prepared in a manner that does not identify a particular person.
As at 30 March 2023, there were no residents living at the Fullarton campus, now known as Highgate Park. The last resident moved from Highgate Park into aged care in April 2020, in line with a commitment to relocate people with disability out of institutions.
During the preceding 12 months no previous residents returned to Highgate Park, which is now closed.
Youth Justice Administration Act 2016
Requirement
9 - Chief Executive’s annual report
The Chief Executive must, not later than 30 September in each year, submit to the Minister a report on -
the operation of this Act and the work of the Department in relation to the administration of this Act for the financial year ending on the preceding 30 June; and
- any other matter as the Minister may direct.
- The Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before each House of Parliament.
In 2022–23, the department continued to implement a range of strategies and improvements to support the operation of the Youth Justice Administration Act 2016, in accordance with the objects and guiding principles of the Act. This included:
- Undertaking a research partnership with the University of Adelaide, which produced evidence of a changing youth justice client profile, including a growing number of children and young people under youth justice supervision presenting with complex trauma, mental health and disability-related needs. Evidence from this partnership is being used to inform service design and strengthen trauma informed approaches to ensure interventions with children and young people in a justice context are effective.
- Funding the Enhanced Support Team (EST) at the conclusion of the pilot phase to provide ongoing services at Kurlana Tapa. The EST supports therapeutic responses for children and young people with complex needs through direct interventions, behaviour support planning and providing clinical advice to operational staff.
- Continuing to deliver the $21.75 million capital works program at Kurlana Tapa, which will deliver two new accommodation spaces, a new education building and an extended visiting space. Once completed, this will permanently consolidate youth custodial services at the Goldsborough Road campus.
In recognition of their continued over-representation in the justice system and the Aboriginal and Torres Strait Islander Youth Justice Principle, improving services to Aboriginal children and young people remained a primary focus in 2022–23. This included:
- Establishing a new Aboriginal Practice and Services Team within the Communities and Justice directorate to strengthen engagement and partnerships with Aboriginal people, communities and organisations to support culturally responsive services and improve outcomes for Aboriginal children and young people.
- Expanding the Child Diversion Program to accept referrals to work with Aboriginal children from anywhere in South Australia and on any day of the week. The program diverts Aboriginal children aged between 10 to 13 years who have been charged with a minor offence away from a custodial environment and from further progression into the youth justice system.
South Australia is on track to exceed Closing the Gap Target 11, with the rate of Aboriginal and Torres Strait Islander young people in detention reducing by 34 per cent between 2018–19 and 2021–22.
The department has continued to facilitate visits and prepare comprehensive materials and records for the Training Centre Visitor (TCV) on a cyclical and ad hoc basis, to support the TCV’s independent oversight and advocacy for children and young people at Kurlana Tapa. DHS executives and operational staff meet with the TCV on a regular basis.
Reporting required under the Carers Recognition Act 2005
Under Section 6 of the Carers Recognition Act 2005, the department is required to ensure all officers, employees or agents have an awareness and understanding of the principles of the Carers Charter, which promotes consultation with carers or their representatives in policy or program development and strategic or operational planning.
The following summarises actions by the department to support compliance with Section 6 during 2022–23.
Conditions
- An awareness of the principles of the Carers Charter was achieved during DHS induction and training.
- Flexible work and carers leave arrangements are available across the department, including paid leave entitlements for employees with primary care responsibilities for a person with disability (in addition to family carers leave and special leave with pay).
Services
- DHS funds carer support services provided by specialist carer providers, which are intended to complement, not duplicate, services available through the NDIS, national Carer Gateway, and My Aged Care.
- Carer support services include:
- Young Carer Support Services to improve the identification and support of young carers, including assistance to access mainstream services, such as the Carer Gateway.
- Carer Breaks Services to improve the wellbeing, social connections and informal support networks of carers by providing temporary breaks from their caring roles.
- Carers are also a service priority cohort in the Community Connections Program, to help meet the needs of South Australian carers following national reforms. The Community Connections Program Advisory Group is responsible for the oversight of the program and its services. The Advisory Group applies its understanding of the Carers Charter, ensuring that services are appropriate.
- South Australia’s peak carer body, Carers SA, was the carer representative on the Community Connections Program Advisory Group in 2022–23.
Engagement Structures
- The department’s Disability Engagement Group provides operational advice to the State Government on the implementation of the State Disability Inclusion Plan, and supports state authorities to operationalise their Disability Action and Inclusion Plans. The membership of the group includes people with lived experience of disability, including those caring for a family member with disability.
- Formally meeting for the first time in March 2023, the new Disability Minister’s Advisory Council will provide a direct voice to the State Government for people with disability and carers, to provide broad, high level policy and strategic advice on disability-related matters. Relevant legislation will be a priority for discussion.
In June 2023, the department engaged a consultant to undertake a review of the Carers Recognition Act 2005, with a report to be delivered in the first half of 2024. The review will include public consultation and drive future legislative and policy reforms to better respond to the needs of South Australian carers.