South Australian Consolidated Acts South Australian Consolidated Acts (1) The Governor may
make regulations for the purposes of this Act.
(2) The regulations
may, for example—
(a)
prescribe standards and procedures that must be observed in relation to the
provision of personal care services or in relation to any aspect of the
operation of a supported residential facility; and
(b)
prescribe staffing requirements for supported residential facilities
(including requirements as to qualifications, training or experience of staff
members); and
(c)
prescribe standards in relation to safety, welfare and hygiene in supported
residential facilities; and
(d)
prescribe standards in relation to the construction, facilities, furnishings,
fittings and equipment of supported residential facilities (and require that
such facilities, furnishings, fittings and equipment must be available at
prescribed classes of supported residential facility); and
(e) make
any provision in relation to prospectuses, resident contracts and service
plans, including—
(i)
the form of any prospectus, resident contract or service
plan; and
(ii)
prescribed terms or conditions that must be included in
any prospectus, resident contract or service plan; and
(iii)
prescribed procedures that must be observed in respect of
any variation, or proposed variation, of a prospectus, resident contract or
service plan; and
(f)
require the provision of prescribed information to residents or prospective
residents of supported residential facilities; and
(g)
require the provision of returns, reports and other forms of information to
the Minister, local councils or licensing authorities; and
(h)
require the proprietor of a supported residential facility to keep records
that contain such information as the regulations may prescribe, and make
provision for, or in relation to, the inspection of those records; and
(i)
require the notification of any occurrence of a
prescribed class to the Minister, a licensing authority or other prescribed
person or body or person or body of a prescribed class; and
(j)
require the display or provision of certain information at a supported
residential facility; and
(k)
prescribe standards that must be observed by persons who advertise the
provision of services by supported residential facilities; and
(l) make
any provision in relation to the management of a supported residential
facility by an administrator appointed under this Act; and
(m) make
any provision in relation to the management or application of the Supported
Residential Facilities Indemnity Fund; and
(n) make
any provision in relation to the transfer of any power or function of a
council under Part 3 to a person or body specified by the Minister; and
(o)
prescribe forms and fees for the purposes of this Act (including annual fees
payable in respect of licensed premises); and
(p)
prescribe codes of practice to be observed by proprietors of supported
residential facilities and others in the provision of personal care services;
and
(q)
prescribe codes to be used—
(i)
by councils and authorised officers in the administration
and enforcement of this Act;
(ii)
by licensing authorities to facilitate the implementation
of uniform licensing practices under this Act; and
(r)
prescribe penalties, not exceeding a division 7 fine, for breach of, or
non-compliance with, any regulation; and
(s) fix
expiation fees for alleged offences against the regulations.
(3) Regulations under
this Act—
(a) may
be of general or limited application; and
(b)
may—
(i)
leave any matter or thing to be determined, varied,
dispensed with or regulated according to the discretion of any prescribed
person or body, or person or body of a prescribed class;
(ii)
confer other forms of discretionary powers; and
(c) may
make different prescriptions according to prescribed circumstances; and
(d) may
differentiate between various classes of persons.
(4) Regulations under
this Act may incorporate, adopt, apply or make prescriptions by reference to,
with or without modification, any document prepared or published by the
Advisory Committee or any other body or authority as in force at the time that
the regulations are made or as in force from time to time.
(a) the
proprietor of a facility who holds a licence under this Act applies to the
licensing authority for an exemption from a regulation that applies in
relation to the facility; and
(b) the
licensing authority is satisfied—
(i)
that it can grant the exemption without seriously
affecting the interests of a resident of the facility; and
(ii)
that it is appropriate for it to grant the exemption in
the circumstances of the particular case,
the licensing authority may, by notice in writing to the proprietor, exempt
the proprietor from the regulation to which the application relates and, in
that event, proceedings cannot be taken against the proprietor for failing to
comply with the regulation while such a notice remains in force.
(6) An exemption under
subsection (5) may be granted by the licensing authority on such
conditions as the licensing authority thinks fit.
(7) The licensing
authority may, at any time, by further notice to the proprietor—
(a)
revoke an exemption under subsection (5);
(b) vary
or revoke a condition under subsection (6).
(8) A person who
contravenes or fails to comply with a condition of an exemption is guilty of
an offence.
Penalty: Division 7 fine.