Department of Human Services

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Reporting required under any other act or regulation

Disability Inclusion Act 2018

Act or Regulation

Requirement

Disability Inclusion Act 2018

Part 6A - Restrictive practices

23ZE - Minister to provide annual report on operation of Part to Parliament

(1)  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 -

  1. the number of Authorised Program Officers authorised by the Senior Authorising Practitioner during that financial year; and
  2. 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
  3. the kinds of restrictive practices authorised to be used by the Senior Authorising Officer during that financial year; and
  4. any other information required by the regulations.

(2)  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.

(3)  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)).

Commencing on 30 May 2022, the Disability Inclusion (Restrictive Practices - NDIS) Amendment Act 2021 amends the South Australian Disability Inclusion Act 2018 to establish a legislative framework for the Restrictive Practices Authorisation scheme.

Restrictive practices are interventions that have the effect of limiting the rights and freedom of movement of a person who displays behaviours of concern. While the goal of the intervention is to protect that person or others from harm, in some circumstances it can represent a serious human rights infringement.

A new unit was established in the department, led by the Senior Authorising Officer, to authorise regulated restrictive practices. The amendments to the Disability Inclusion Act 2018, establish a tiered authorisation system for the use of restrictive practices. Authorised Program Officers in NDIS services and the Senior Authorising Officer can authorise Level 1 restrictive practices. Level 2 restrictive practices, and combinations of Level 1 and Level 2 practices, carry increased risk and are authorised by the Senior Authorising Officer.

During the 2021–22 financial year there were 49 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.

The Senior Authorising Officer authorised 138 restrictive practices comprising:

  • 117 authorisations of environmental, chemical and mechanical restrictive practices. These may be Level 1 or Level 2 restrictive practices depending on the circumstances.
  • 21 authorisations of seclusion and physical restrictive practices, which are categorised as Level 2 practices.

Transitional arrangements were negotiated with the NDIS Quality and Safeguards Commission to reduce administrative burdens for NDIS providers reporting unauthorised restrictive practice. These arrangements will end on 30 September 2022.

Gaming Machines Act 1992

Act or Regulation

Requirement

Gaming Machines Act 1992

73BA - Gamblers Rehabilitation Fund

(6)  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 department administers the Gamblers Rehabilitation Fund (GRF) through the Office for Problem Gambling to provide 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 2021–22, approximately $5.73 million was allocated through the GRF to 12 Gambling Help Services in each State Government region and 16 targeted services.

In August 2020, following changes to the Gaming Machines Act 1992, the scope of the GRF was expanded to allow for investment in early intervention and prevention activities, public education and information programs, and gambling research. In response, the department undertook a comprehensive consultation process with  key stakeholders in the South Australian gambling environment, which resulted in the release of the Minimising Gambling Harm in South Australia Investment Plan 2021–2026 in November 2021.

The Investment Plan describes clear goals for future investment, prioritises strategic areas of focus, and identifies evidence-based, practice informed opportunities to minimise gambling harm. Six key strategic projects have been identified as necessary to achieving the goal of the Investment Plan, which are being progressed in a phased approach over the life of the plan.

The University of Adelaide has been engaged to develop a Monitoring and Evaluation Framework to track progress and outcomes achieved under the Investment Plan. The Framework will also identify those areas of investment which have the greatest impact on preventing and minimising gambling harm in South Australia.

The first phase of the Here for the Game initiative was also launched in November 2021, which has involved the Office for Problem Gambling partnering with the Adelaide United Football Club to release a communications campaign that seeks to disrupt the normalisation of betting in sport and encourages fans to be ‘here for the game’. Initial evaluation has shown overwhelming support and positive sentiment towards the campaign from Adelaide United fans and traction within the broader South Australian community.

Julia Farr Services (Trusts) Act 2007

Act or Regulation

Requirement

Julia Farr Services (Trusts) Act 2007

9 - Annual report

(1)  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:

  1. the number of persons resident at the Fullarton campus;
  2. with respect to the persons resident at a place other than the Fullarton campus, a broad description of the nature of their accommodation;
  3. during the preceding period of 12 months -
    1. the processes used to plan and implement the relocation of any person to accommodation other than the Fullarton campus;
    2. the number of persons who returned to accommodation at the Fullarton campus, and the circumstances of their return.

(2)  A report under subsection (1) should be prepared in a manner that does not identify a particular person.

As at 30 March 2022, there were no residents living at the Fullarton campus, now known as Highgate Park.

In April 2020 the last resident moved from Highgate Park into aged care, 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

Act or Regulation

Requirement

Youth Justice Administration Act 2016

9 - Chief Executive’s annual report

(1)  The Chief Executive must, not later than 30 September in each year, submit to the Minister a report on -

  1. 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
  2. any other matter as the Minister may direct.

(2)  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.

Over the past year, the department has continued to implement a range of strategies and improvements to support the objects and provisions of the Youth Justice Administration Act 2016. These align with actions under Young People Connected, Communities Protected: South Australia’s Youth Justice State Plan 2020–2023 and include:

  • The commencement of the Enhanced Support Team Pilot at the Kurlana Tapa Youth Justice Centre in August 2021, to assist operational staff working with children and young people to proactively respond to behaviours of concern and support increased emotional and behavioural stability.
  • The commencement of the Child Diversion Program in December 2021, which is trialling a triage and support service for Aboriginal children aged 10 to 13 years who are at risk of being remanded into custody.
  • Sarah Constructions Pty Ltd commencing site works in April 2022 to deliver a $21.75 million capital works program to improve and permanently consolidate youth custodial services at the Goldsborough Road campus of Kurlana Tapa. The capital works program is expected to achieve practical completion by 30 June 2023 and will deliver:
    • a new 12-bed accommodation unit with a centralised office space and design considerations to better support young people with complex needs
    • a new 8-bed police custody unit to ensure that children and young people awaiting court appearances will be accommodated separately from children and young people on periods of remand or sentenced detention
    • new classroom space to enable education requirements to be met
    • an extended visiting space to support children and young people having time with families and visitors.
  • Implementing a revised assessment approach across Youth Justice Services, including the introduction of the Child and Adolescent Intellectual Disability Screening Questionnaire (CAIDS-Q). This seven-item tool screens for possible intellectual disability and aims to support staff to identify children and young people who may require referral for further assessment.
  • The delivery in June 2022 of REFRAME training, an evidence-based staff training program aimed at upskilling frontline staff who are engaging with young people with Foetal Alcohol Spectrum Disorder and other neuro-divergences. The majority of participants in the training were from Kurlana Tapa.
  • No partially-clothed searches of children and young people being undertaken.
  • The department continuing to facilitate and welcome the Training Centre Visitor’s independent visits, inspections, and oversight of Kurlana Tapa to promote the best interests and rights of children and young people.

During 2021–22, Kurlana Tapa continued to be managed as a high-risk facility to better prevent outbreaks and transmission of COVID-19. There was no transmission of COVID-19 to children and young people within Kurlana Tapa during the financial year.

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, staff or agents are aware and understand the principles of the Carers Charter, and promote consultation with carers or their representatives in policy or program development and strategic or operational planning.

During 2021–22, staff gained an awareness of the principles of the Carers Charter during induction and training. Flexible work and carers leave arrangements were also available across the department, including paid leave entitlements for employees with primary care responsibilities for a person with disability. This leave is in addition to family carers leave and special leave with pay.

Unpaid family or friend carers remained a priority cohort within the Community Connections Program, developed following the cessation of the South Australian Home and Community Care program on 30 April 2021. South Australia’s peak carer body, Carers SA, is the carer representative on the Community Connections Program Advisory Group to inform the implementation of the program.

Under the Community Connections Program, the department has continued to fund and engage with four carer support organisations, including Carers SA, to meet the needs of South Australian carers following national reforms, in particular the NDIS, My Aged Care and the national Carer Gateway. In 2021–22, DHS also funded Carers SA to undertake a pilot project that aims to improve the identification and support of young carers in schools.

During the year, the department’s Disability Engagement Group (DEG) was reviewed and refreshed to prioritise membership of people with lived experience of disability, including those caring for a family member with disability. Through the DEG, the department regularly engages with people with disability and carers to inform the implementation of Inclusive SA, South Australia’s first State Disability Inclusion Plan.

In May 2022, the Minister for Human Services announced a new Minister’s Disability Advisory Group, which will provide a direct voice to the State Government for people with disability and carers. The department will provide executive support to the Advisory Group once established.

Page last updated : 27 Oct 2022

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