Family and Community Services Regulations 2024 (SA)

South Australia

Family and Community Services Regulations 2024

under the Family and Community Services Act 1972

Part 1Preliminary1Short title

These regulations may be cited as the Family and Community Services Regulations 2024.

2Commencement

These regulations come into operation on the day on which they are made.

3Interpretation

In these regulations—

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 2Residential care facilities4Management etc of residential care facilities

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

1. (a)

   to maintain the physical, psychological and emotional wellbeing 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 ensure, through the implementation of operational procedures, the proper management of the facility.

5Prohibited 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;

3. (c)

   psychological pressure or emotional abuse of any form;

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.

6Use 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 themselves or another person; or

   2. (b)

      to prevent the child from causing significant damage to property.

2. (2)

   However, an employee in a residential care facility may only use force under subsection (1)—

   1. (a)

      as a last resort to ensure immediate safety where no other intervention strategies are available; and

   2. (b)

      in the least restrictive way; and

   3. (c)

      for the shortest period possible,

(and the force used must be proportionate in the circumstances).

1. (3)

   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 the following:

      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 (4); and

   3. (c)

      submit the report (and a copy of any report referred to in subregulation (4)(b)) to the supervisor of the facility.

2. (4)

   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 (3)(a) as may be known to the employee.

3. (5)

   A child placed in a residential care facility against whom force was used must be offered a reasonable opportunity to prepare an account of the use of force and the incident leading to the use of force.

4. (6)

   If a child accepts an offer under subregulation (5), the account 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 report required to be prepared under subregulation (3)).

1. (7)

   A child may nominate any of the following persons for the purposes of subregulation (6)(b)(i):

   1. (a)

      the child's case manager or case worker;

   2. (b)

      a lawyer;

   3. (c)

      a cultural advisor;

   4. (d)

      any other adult,

(but any such person nominated may not be a person who was present during the use of force against the child or the relevant incident that led to the use of force).

Schedule 1—Repeal of Family and Community Services Regulations 2009

The Family and Community Services Regulations 2009 are repealed.

Legislative history

Notes

• •

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

  Year	No	Reference	Commencement
  2024	68	Gazette 11.7.2024 p2156	11.7.2024: r 2