South Australian Consolidated Acts South Australian Consolidated ActsIn this Act, unless the contrary intention appears—
"the Advisory Committee" means the Supported Residential Facilities Advisory
Committee established under Part 3;
"authorised officer" means an authorised officer appointed under this Act;
"business day" means any day except Saturday, Sunday or a public holiday;
"controlling authority" means a controlling authority established by one or
more councils under the Local Government Act 1934 ;
"council" means a municipal or district council;
"District Court" means the Administrative and Disciplinary Division of the
District Court;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"immediate family" of a person means any of the following:
(a) a
spouse or domestic partner;
(b) a
brother or sister;
(c) a
parent;
(d) a
grandparent;
(e) a
child or grandchild;
(f) an
uncle or aunt;
(g) a
nephew or niece,
whether the relationship is of whole blood or half-blood or by affinity;
"licensing authority" see section 10;
"personal care services" means any of the following:
(a) the
provision of nursing care; or
(b)
assistance or supervision in—
(i)
bathing, showering or personal hygiene; or
(ii)
toileting or continence management; or
(iii)
dressing or undressing; or
(iv)
consuming food,
(but not including assistance to a person who can undertake the relevant
activity himself or herself but who needs some form of preliminary or
incidental assistance to enable him or her to do so); or
(c) the
provision of direct physical assistance to a person with mobility problems
(but not including assistance to a person who can undertake the relevant
activity himself or herself but who needs some form of preliminary or
incidental assistance to enable him or her to do so); or
(d) the
management (or assistance with the management) of medication; or
(e) the
provision of substantial rehabilitative or developmental assistance; or
(f) the
management of personal finances,
but does not include—
(g) the
provision of routine advice or information;
(h) the
provision of services to a person on a short-term basis in response to an
accident or some other unanticipated or exceptional circumstance;
(i)
the provision of services to a person on a short-term
basis while arrangements are being made for the person to be provided with
personal care services in alternative premises;
(j) any
other matter excluded from the ambit of this definition by the regulations;
"proprietor" in relation to a supported residential facility means the owner
of the undertaking carried on at the facility;
"representative" of a person means—
(a) a
person appointed in writing by that person to act as his or her representative
for the purposes of this Act; or
(b) any
person who is otherwise entitled at law to act on behalf of that person;
"resident contract" means a contract between the proprietor (or former
proprietor) of a supported residential facility and a resident relating
to—
(a) the
provision of personal care services to the resident;
(b) the
terms and conditions of residency;
(c) such
other matters relevant to the care or accommodation of the resident agreed
between the parties;
"residential-only premises" means—
(a)
premises used as a boarding-house or lodging-house that are not required to be
licensed under this Act; or
(b)
premises that are of a class prescribed by regulation for the purposes of this
definition;
"spouse"—a person is the spouse of another if they are legally married;
"supported residential facility" or "facility" means premises at which, for
monetary or other consideration (but whether or not for profit), residential
accommodation is provided or offered together with personal care services
(other than for members of the immediate family of the proprietor of the
facility).
Note—
For definition of divisional penalties (and divisional expiation fees) see
Appendix.