Family and Community Services Regulations 2009 (SA)

South Australia

Family and Community Services Regulations 2009

under the Family and Community Services Act 1972

Part 1Preliminary1Short title

These regulations may be cited as the Family and Community Services Regulations 2009.

3Interpretation

In these regulations, unless the contrary intention appears—

Act means the Family and Community Services Act 1972;

residential care facility means a residential care facility established under section 36 of the Act.

Part 4Residential care facilities12Functions of Chief Executive

1. (1)

   The Chief Executive has responsibility to ensure that proper standards of administration are observed in the management of a residential care facility established under the Act.

2. (2)

   The Chief Executive must, for example, ensure that adequate arrangements are in place in a residential care facility—

   1. (a)

      to maintain the physical, psychological and emotional well‑being of children placed in the facility; and

   2. (b)

      to promote the social, cultural and educational development of children placed in the facility; and

   3. (c)

      to maintain discipline and order in the facility; and

   4. (d)

      to ensure, through the implementation of operational procedures, the proper control and management of the facility.

13Prohibited treatment of children in residential care facilities

Subject to these regulations, a child placed in a residential care facility must not be subjected to any of the following kinds of treatment:

1. (a)

   corporal punishment of any form (that is, any action that inflicts or is intended to inflict physical pain or discomfort);

2. (b)

   isolation from other children in the facility by, for example, being kept apart from the normal routine of the facility in a locked room;

3. (c)

   psychological pressure or emotional abuse of any form intended to intimidate or humiliate;

4. (d)

   deprivation of medical attention, basic food or drink, clothing or any other essential item;

5. (e)

   deprivation of sleep;

6. (f)

   unjustified deprivation of contact with persons outside the facility;

7. (g)

   any other treatment that is cruel, inhuman or degrading.

14Use of force against children in residential care facilities

1. (1)

   An employee in a residential care facility may only use such force against a child placed in the facility as is reasonably necessary in any particular case—

   1. (a)

      to prevent the child from harming himself or herself or another person; or

   2. (b)

      to prevent the child from causing significant damage to property; or

   3. (c)

      as a last resort after other strategies have failed—to ensure that the child complies with a reasonable direction given by an employee of the facility; or

   4. (d)

      to maintain order in the facility.

2. (2)

   An employee in a residential care facility who uses force against a child placed in the facility must, as soon as is reasonably practicable after the use of force—

   1. (a)

      prepare a written report (in a manner and form determined by the Chief Executive) relating to the use of force setting out—

      1. (i)

         the name of the child;

      2. (ii)

         the name of each employee in the facility involved in or who witnessed the use of force;

      3. (iii)

         the date, time and location in the facility where the use of force took place;

      4. (iv)

         the nature of the force used and the purpose for which, or circumstances in which, the force was used;

      5. (v)

         any follow‑up action undertaken as a result of the use of force; and

   2. (b)

      cause the report to be verified in accordance with subregulation (2a); and

   3. (c)

      submit the report (and a copy of any report referred to in subregulation (2a)(b)) to the supervisor of the residential care facility.

3. (2a)

   A written report is to be verified by each employee who was involved in, or who witnessed the use of force, doing 1 or both of the following:

   1. (a)

      certifying on the written report, in accordance with any determination of the Chief Executive, that the report is an accurate account of the use of force against the child;

   2. (b)

      providing a separate written report setting out such of the matters referred to in subregulation (2)(a) as may be known to the employee.

4. (3)

   An account of an incident leading to the use of force against a child placed in a residential care facility must be—

   1. (a)

      written, signed and dated by the child; or

   2. (b)

      if the child cannot write—

      1. (i)

         written on the instructions of the child, and signed and dated, by a person nominated for the purpose by the child; and

      2. (ii)

         signed by the child,

(and such account must be kept together with the record required to be kept under subregulation (2)).

1. (4)

   A child may nominate any of the following persons for the purposes of subregulation (3)(b):

   1. (a)

      the child's case manager or case worker;

   2. (b)

      a lawyer;

   3. (c)

      a cultural advisor;

   4. (d)

      any other adult person,

(but any such person nominated may not be an employee of the facility nor have been present during the relevant incident that led to the use of force against the child).

Legislative history

Notes

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

  The Family and Community Services Regulations 2009 were revoked by Sch 1 of the Family and Community Services Regulations 2024 on 11.7.2024.

  Legislation revoked by principal regulations

  The Family and Community Services Regulations 2009 revoked the following:

  Family and Community Services Regulations 1996

  Principal regulations and variations

  Year	No	Reference	Commencement
  2009	220	Gazette 20.8.2009 p3755	1.9.2009:  r 2
  2016	222	Gazette 8.9.2016 p3708	1.12.2016: r 2
  2018	220	Gazette 11.10.2018 p3799	11.10.2018 except rr 8 and 9—22.10.2018: r 2

  Provisions varied

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  Pt 1
  r 2	omitted under the Legislation Revision and Publication Act 2002	1.12.2016
  r 3
  advisory committee	deleted by 220/2018 r 4	11.10.2018
  detention room	deleted by 222/2016 r 4	1.12.2016
  liquor	deleted by 222/2016 r 4	1.12.2016
  resident	deleted by 222/2016 r 4	1.12.2016
  Pt 2	deleted by 220/2018 r 5	11.10.2018
  Pt 3	deleted by 222/2016 r 5	1.12.2016
  Pt 4
  r 12
  r 12(1)	varied by 220/2018 r 6(1)	11.10.2018
  r 12(2)	varied by 220/2018 r 6(2)	11.10.2018
  r 14
  r 14(2)	substituted by 220/2018 r 7	11.10.2018
  r 14(2a)	inserted by 220/2018 r 7	11.10.2018
  Pt 5	deleted by 220/2018 r 8	22.10.2018
  Sch 1	deleted by 220/2018 r 9	22.10.2018
  Sch 2	omitted under the Legislation Revision and Publication Act 2002	1.12.2016

  Historical versions

  1.12.2016

  11.10.2018