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)).
The Restrictive Practices Authorisation scheme regulates the authorisation of restrictive practices used by registered NDIS providers, providing supports and services to NDIS participants. Restrictive practices are interventions that have the effect of limiting the rights and freedom of movement of a person who displays behaviours of concern. The goal of the intervention is to protect that person or others from harm.
The DHS Restrictive Practices Unit oversees the scheme, including authorising regulated restrictive practices, promoting the reduction of restrictive practices within the disability sector, and providing education and training relating to the use of restrictive practices. The unit is led by the Senior Authorising Officer whose powers and functions are established under the Disability Inclusion Act 2018.
During the 2023-24 financial year there were 47 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. There were 126 Authorised Program Officers as at 30 June 2024.
The Senior Authorising Officer authorised 4,095 restrictive practices during the
2023-24 financial year, comprising:
- 3,506 authorisations of environmental, chemical and mechanical restrictive practices. These may be Level 1 or Level 2 practices depending on the circumstances.
- 589 authorisations of seclusion and physical restrictive practices, which are categorised as Level 2.
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 Office for Problem Gambling administers the Gamblers Rehabilitation Fund, which provides funding for programs and services that aim to minimise or address the harm caused by gambling, as outlined in the Minimising Gambling Harm in South Australia Investment Plan 2021-2026. In 2023-24, over $6 million in funding was provided to gambling help services in South Australia. This includes funding for gambling help services in every State Government region, services targeting South Australians at greater risk of experiencing gambling harm, as well as online and telephone gambling help services.
During Gambling Harm Awareness Week 2023, the Office for Problem Gambling launched its Gambling Harm Ahead campaign. Using insights from people with a lived experience of gambling harm, the campaign was developed to highlight the early signs of gambling harm. Inspired by road sign iconography and stylised in bright neon colours usually associated with gambling venues, the key messages of chasing losses, borrowing to bet, gambling alone and financial stress aimed to attract the audience’s attention, educate people on identifying the signs of gambling harm early and remind them that help is available if needed.
The successful Here for the Game sports betting program continued in 2023-24 with the Adelaide Thunderbirds joining the growing number of professional sporting clubs in South Australia eschewing sports betting sponsorships and challenging the normalisation of gambling in sport. This coincided with the launch of the Don’t Let Betting Spoil Sport campaign in March 2024, the second phase of the Here for the Game public health campaign that seeks to move the campaign beyond brand awareness establishment and towards behaviour change.
The Office for Problem Gambling also partnered with the Alcohol and Drug Foundation to deliver the Here for the Game community club program. This is an accreditation program for amateur community clubs to again challenge the normalisation of gambling in sport and create safer gambling environments.
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 2024, 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.
During the preceding 12 months, no previous residents returned to Highgate Park, which is now closed.
The sale of Highgate Park to two national healthcare and retirement providers was publicly announced on 19 January 2024.
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 2023-24, the department’s Youth Justice service implemented several strategies and initiatives to support the operation and administration of the Youth Justice Administration Act 2016. This included the finalisation of the capital works program at the Kurlana Tapa Youth Justice Centre (Kurlana Tapa), allowing for the permanent consolidation of youth custodial services onto a single campus with updated facilities.
Significant improvements were made to staffing at Kurlana Tapa through the Youth Justice Recruitment, Training and Retention Strategy. This was achieved through a strengthened recruitment campaign with larger front-end intakes of potential candidates, increased frequency of rolling recruitment processes and targeted recruitment of Aboriginal people. Three new Onboarding and Development Supervisors and additional training positions, including a clinical educator, supported the successful implementation of a holistic wellbeing strategy to improve staff retention.
New training modules for Kurlana Tapa Youth Worker recruits were implemented focusing on supporting transgender and gender diverse young people in custody, supporting young people from culturally and linguistically diverse backgrounds, and building emotional intelligence and wellbeing.
Youth Justice continued to roll out sensory training to staff across all service areas including new recruits, current operational staff at Kurlana Tapa and Community Youth Justice, and clinical staff to equip them with the skills to better respond to the sensory processing needs of children and young people in contact with the youth justice system. This supported further implementation of the Sensory and Environmental Framework within Kurlana Tapa, which aims to reduce the physical and psychological impacts of a custodial environment on children and young people with sensory and neuro-disability needs.
Community Youth Justice commenced an Aboriginal Youth Pathways to Employment pilot program in partnership with the RAW Group, a 100% Aboriginal owned and managed company. The program is a culturally safe training and employment initiative for young Aboriginal people interacting with the youth justice system. It provides opportunities and support for participants to upskill and obtain paid employment in the building, civil and construction industry. The pilot aims to demonstrate how culturally appropriate training, whole-of-person mentoring, and the opportunity for paid employment can assist Aboriginal young people to break the
re-offending cycle and improve their economic and social wellbeing.
To further sustain our commitment to reducing the over-representation of Aboriginal children and young people involved with the youth justice system, Youth Justice is introducing annual reporting on active measures to observe and promote the Aboriginal and Torres Strait Islander Youth Justice Principle contained in the Youth Justice Administration Regulations 2016. The inaugural report, with further detail on targeted activities and initiatives to better respond to the particular needs and circumstances of Aboriginal children and young people involved with the youth justice system, is provided in the table below.
Actions to observe and promote the Aboriginal and Torres Strait Islander Youth Justice Principle:
Objective | Actions |
|---|---|
In acknowledging the diversity of Aboriginal and Torres Strait Islander communities, the individual cultural identity of Aboriginal and Torres Strait Islander youths be recognised, and their beliefs and practices be supported, respected, and valued. | The language and cultural group of Aboriginal children and young people are identified as part of the intake screening process. The staff team is built around each Aboriginal child or young person and includes access to a Senior Aboriginal Advisor. Staff are trained and supported to effectively implement cultural plans, which consider a child or young person’s nation group, relationships, language and history. This includes family scoping to identify family background, values, and expectations. Where the cultural identify of a child or young person is unclear, advice is sought from people with the appropriate cultural knowledge and authority. The Senior Aboriginal Cultural Advisor and other Aboriginal staff provide direct support to Aboriginal children and young people in custody and advise their non-Aboriginal colleagues and management on cultural matters. |
| Aboriginal and Torres Strait Islander youths will be supported to uphold their cultural responsibilities and have access to, and participation in, cultural ceremonies, funerals, and cultural practices, relevant to their individual cultural identity. | Under section 34 of the Youth Justice Administration Act 2016, children and young people in custody can be granted leave for particular purposes, including to attend funerals and other cultural events. Any decision to grant leave is guided by advice from the Senior Aboriginal Cultural Advisor and is subject to the necessary approval processes and requirements under the Act. External escorts are supported by the Senior Aboriginal Cultural Advisor where there is a need for cultural support. In 2023-24, one Aboriginal young person was granted leave under section 34 to attend a funeral. Other mechanisms to support cultural practices include family visits, live streaming of events and funerals (where possible), increased access to family phone calls and virtual visits, increased cultural support and providing cultural meals. |
| Assessment, case planning and decision-making in respect of an Aboriginal or Torres Strait Islander youth includes consultation with relevant Aboriginal and Torres Strait Islander people or organisations to assist the youth. | Case Managers connect Aboriginal children and young people with culturally safe legal support, such as the Aboriginal Legal Rights Movement (ALRM) as required. Case Managers prioritise connecting Aboriginal children and young people to culturally specific services and Aboriginal Community Controlled Organisations to meet their distinct cultural needs. Senior Aboriginal Cultural Advisors provide advice and input into care plans and facilitate engagement with appropriate external services for Aboriginal children and young people in Kurlana Tapa. |
| Where it is appropriate to do so, the identified family, significant person and community of an Aboriginal or Torres Strait Islander youth are participants in assessment, case planning and decision-making for the youth. | Wherever possible, Aboriginal Family-Led Decision Making is used to underpin decisions that affect the child or young person and their family. This includes:
Case Managers, with the support of Senior Aboriginal Advisors, actively seek to involve family, community members, and others with cultural authority to maintain connections to family, community, and culture. A child or young person’s post-release needs, including cultural and spiritual, are identified as part of release planning, and where possible, Case Managers provide post-care support. Where possible and desired by the child, young person and their family, Youth Justice assists children and young people to return to country and/or community. |
| Aboriginal and Torres Strait Islander youths are provided with programs, services and supports that have regard to their age, maturity and individual cultural identity. | Youth Justice facilitates a range of cultural programs and activities to support Aboriginal children and young people in Kurlana Tapa:
|
| The assessment of appropriate accommodation in a training centre will consider the individual cultural identity of Aboriginal and Torres Strait Islander youths. | Cultural factors are discussed as part of the accommodation placement process with guidance from Aboriginal staff and Senior Aboriginal Cultural Advisors. |
| Where necessary, Aboriginal and Torres Strait Islander youths will be provided with interpreters and, where possible, translated documents. | The department ‘s Aboriginal Language Interpreting Service (ALIS) is available to children and young people, and their families, free of charge. Interpreters are available face-to-face and over the phone. ALIS currently offers interpreting in Anmatyerr, Arrernte (all dialects), Pintupi/Luritja, Pitjantjatjara, Warlpiri and Yankunytjatjara. The recruitment of new interpreters is ongoing. |
| The particular health, education and wellbeing needs of Aboriginal and Torres Strait Islander youths are considered and, where practicable, met. | An Aboriginal Education Teacher and Aboriginal Community Education Officer are provided by the onsite Youth Education Centre (YEC), operated by the Department for Education. YEC also provide a range of educational programs for Aboriginal children and young people in custody. SA Health provide tailored responses for Aboriginal children and young people in custody through CAMHS and MYHealth who deliver culturally specific clinics, programs and supports. |
| Officers of the Department actively participate in cultural training and demonstrate culturally respectful engagement. | DHS provides mandatory cultural awareness training for all departmental staff. The department’s Metropolitan Aboriginal Youth and Family Services (MAYFS) is a dedicated Aboriginal youth and family service. In 2023-24, MAYFS underwent a strategic realignment, which included the establishment of an Aboriginal Cultural Advisory team. A team of three Aboriginal Cultural Consultants from MAYFS work alongside Community Youth Justice practitioners to provide cultural support and guide culturally respectful engagement and service responses that recognise the strength of culture as a protective factor. MAYFS also provide cultural training to staff in Kurlana Tapa. In 2023-24, DHS commenced development of an Aboriginal Practice Framework for Youth Justice in consultation with DHS staff, Aboriginal people and other relevant stakeholders. The framework will focus on bi-cultural practices that intertwine cultural and clinical approaches and will supplement the broader Youth Justice Practice Framework which is also under development. |
| The Department actively recruits and supports the retention of Aboriginal and Torres Strait Islander staff. | In November 2023, a Principal Aboriginal Workforce Consultant was recruited to lead the implementation of the DHS Aboriginal Workforce Strategy. During 2023-24, ten Aboriginal staff undertook leadership development, including representation on the department’s executive governance committees. Kurlana Tapa expanded its cultural support team with three dedicated Aboriginal staff now providing cultural support and services to Aboriginal children and young people. |
Reporting required under the Carers Recognition Act 2005
DHS is an applicable organisation for the purposes of the Carers Recognition Act 2005. Under section 6 of the Act, the department is required to take all practicable measures 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 2023-24:
- The department implemented the new Young Carer Support Service and the refined Carer Breaks Service model, which has been expanded to carers aged over 64 years following feedback from Carers SA regarding gaps in the Commonwealth Carer Gateway and My Aged Care services.
- In late 2023, a public consultation process was undertaken to inform the second review of the Carers Recognition Act 2005, which will drive future legislative and policy reforms to better respond to the needs of South Australian carers. Over 200 people were engaged in the consultation, with 137 of these being unpaid carers.
- The Disability Minister’s Advisory Council provided a direct voice to the State Government for people with disability, including those with lived experience of being a carer. At its November 2023 meeting, the Council was encouraged to provide feedback on the review of the Carers Recognition Act 2005.
- The department’s Disability Engagement Group (DEG) met quarterly to provide advice to the State Government on future directions of the State Disability Inclusion Plan, Inclusive SA, and trends in the disability sector and emerging issues. The DEG membership includes people with lived experience of being a carer.
- The SA Autism Strategy 2024-2029, which was launched on 19 June 2024, was developed following extensive consultation and feedback from carers of Autistic people during the consultation processes in 2022-23 and 2023-24.