South Australia
Family and Community Services Regulations 1996
under the Family and Community Services Act 1972

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Revocation
4	Interpretation
Part 2—Advisory committees
5	Conduct of business by advisory committee
Part 3—Training centres
6	Functions of Chief Executive Officer
7	Prohibited treatment
8	Use of force
9	Detention rooms
10	Searches
11	Visits
Part 4—Residential care facilities
12	Functions of Chief Executive Officer
13	Prohibited treatment
14	Use of force
Part 5—Foster care
15	Licence applications
Part 6—Miscellaneous
16	Forms
Schedule—Forms
Legislative history

Part 1—Preliminary
1—Short title
These regulations may be cited as the Family and Community Services Regulations 1996.
2—Commencement
These regulations will come into operation on 1 March 1996.
3—Revocation
All regulations previously made under the Family and Community Services Act 1972 are revoked.
4—Interpretation
In these regulations, unless the contrary intention appears—
Act means the Family and Community Services Act 1972;
advisory committee means an advisory committee established by the Minister under section 11 of the Act;
resident, in relation to a training centre, means a youth detained in the centre;
residential care facility means a residential care facility established under section 36 of the Act.

Part 2—Advisory committees
5—Conduct of business by advisory committee
	(1)	A quorum of an advisory committee consists of one-half of the total number of its members (ignoring any fraction resulting from the division) plus one.
	(2)	The member appointed as the presiding member of an advisory committee will preside at meetings of the committee at which he or she is present.
	(3)	If the presiding member is absent from a meeting of the committee—
	(a)	if another member has been appointed as his or her deputy and is present at the meeting—the deputy;
	(b)	in any other case—a member chosen by the members present at the meeting,
will preside.
	(4)	A decision carried by a majority of the votes cast by members at a meeting is a decision of the committee.
	(5)	Each member present at a meeting of the committee has one vote on any question arising for decision and, if the votes are equal, the presiding member at the meeting may exercise a casting vote.

Part 3—Training centres
6—Functions of Chief Executive Officer
The Chief Executive Officer must ensure that adequate arrangements exist for—
	(a)	maintaining the physical, psychological and emotional well-being of training centre residents; and
	(b)	promoting the social, cultural and educational development of training centre residents; and
	(c)	maintaining discipline and order among training centre residents; and
	(d)	ensuring the proper security, control and management of training centres.
7—Prohibited treatment
Subject to these regulations, a resident of a training centre must not be subjected to any of the following kinds of treatment:
	(a)	any form of corporal punishment, that is to say, any action which inflicts, or is intended to inflict, physical pain or discomfort;
	(b)	isolation from other residents, that is to say, being kept apart from the normal routine of the centre in a locked room;
	(c)	any form of psychological pressure or emotional abuse intended to intimidate or humiliate;
	(d)	deprivation of medical attention, basic food and drink, clothing or any other essential item;
	(e)	deprivation of sleep;
	(f)	unjustified deprivation of contact with persons outside the centre;
	(g)	any other treatment that is cruel, inhuman or degrading.
8—Use of force
	(1)	Subject to any general directions of the Chief Executive Officer as to the use of force against residents of training centres, an employee in a training centre may use such force against a resident of the centre as is reasonably necessary in any particular case—
	(a)	to prevent the resident from harming himself or herself or another person or from causing significant damage to property; or
	(b)	to ensure that the resident complies with a reasonable direction given by an employee of the centre; or
	(c)	to maintain order in the centre; or
	(d)	to preserve the security of the centre.
	(2)	If force is used against a resident of a training centre, the employees involved must ensure that a written report is provided to the manager of the centre containing the following particulars:
	(a)	the resident's name;
	(b)	the names of all employees who were involved in or witnessed the use of force;
	(c)	the date, time and location in the centre where the use of force took place;
	(d)	the nature of the force used and the purpose for which, or circumstances in which, the force was used.
9—Detention rooms
	(1)	In this regulation—
detention room means a room in a training centre that is set aside for the detention of residents of the centre in accordance with this regulation.
	(2)	Subject to this regulation, a resident of a training centre may be locked in a detention room only if an employee in the centre believes on reasonable grounds—
	(a)	that the resident is about to harm himself or herself or another person or cause significant damage to property; or
	(b)	that it is necessary to lock the resident in a detention room—
	(i)	to maintain order in the centre; or
	(ii)	to preserve the security of the centre.
	(3)	A resident of a training centre who is under the age of 12 years must not be locked in a detention room.
	(4)	Unless the Chief Executive Officer approves otherwise in any particular case, the maximum length of time that a resident of a training centre may be locked in a detention room is as follows:
	(a)	in the case of a resident aged 12 to 14 years—24 hours;
	(b)	in the case of a resident aged 15 years or over—48 hours.
	(5)	A resident of a training centre who is locked in a detention room must be closely supervised and must be observed at intervals of not longer than 5 minutes.
	(6)	If a resident of a training centre is locked in a detention room, the manager of the centre must ensure that a record is made containing the following details:
	(a)	the resident's name and age;
	(b)	the date and time that the detention began;
	(c)	the date and time that the detention ended;
	(d)	the reason for the detention;
	(e)	the name of the training centre employee who ordered the detention.
10—Searches
	(1)	The manager of a training centre may cause a resident of the centre or items belonging to a resident of the centre to be searched—
	(a)	when the resident is received into the centre or returns after an absence from the centre; or
	(b)	if the manager has reasonable cause to suspect that the resident has in his or her possession any substance or item—
	(i)	that is prohibited in the centre; or
	(ii)	that may jeopardise the security of the centre.
	(2)	The following provisions apply to the search of a resident of a training centre:
	(a)	those present at any time during the search when the resident is naked, except a medical practitioner, must be of the same sex as the resident;
	(b)	at least two persons, apart from the resident, must be present at all times during the search when the resident is naked;
	(c)	for the purposes of the search, the resident may be required—
	(i)	to open his or her mouth;
	(ii)	to strip;
	(iii)	to adopt particular postures;
	(iv)	to do anything else reasonably necessary for the purposes of the search,
and if the resident does not comply with such a requirement, reasonable force may be applied to secure compliance;
	(d)	force must not be applied to open the resident's mouth except by or under the supervision of a medical practitioner;
	(e)	nothing may be introduced into an orifice of the resident's body for the purposes of the search except by a medical practitioner.
	(3)	A search of a resident of a training centre must be carried out expeditiously and undue humiliation of the resident must be avoided.
11—Visits
	(1)	A resident of a training centre is entitled to be visited by at least one person on at least one occasion each week.
	(2)	The manager of a training centre may approve visiting rights for residents of the centre in excess of those set out in subregulation (1).
	(3)	The manager of a training centre may, if of the opinion that special reason exists for doing so, debar a particular person from visiting a resident of the centre for any period the manager thinks fit, or until further order of the manager.
	(4)	If a resident of a training centre is visited by a legal practitioner for the purpose of rendering legal services, that visit will not be held to be a visit for the purposes of this regulation.
	(5)	The manager of a training centre must encourage and facilitate visits to the residents in the centre by their relatives and friends.

Part 4—Residential care facilities
12—Functions of Chief Executive Officer
The Chief Executive Officer must ensure that adequate arrangements exist for—
	(a)	maintaining the physical, psychological and emotional well-being of children placed in a residential care facility; and
	(b)	promoting the social, cultural and educational development of the children placed in a residential care facility; and
	(c)	maintaining discipline and order in residential care facilities; and
	(d)	ensuring the proper control and management of residential care facilities.
13—Prohibited treatment
Subject to these regulations, a child placed in a residential care facility must not be subjected to any of the following kinds of treatment:
	(a)	any form of corporal punishment, that is to say, any action which inflicts, or is intended to inflict, physical pain or discomfort;
	(b)	isolation from other children in the facility, that is to say, being kept apart from the normal routine of the facility in a locked room;
	(c)	any form of psychological pressure or emotional abuse intended to intimidate or humiliate;
	(d)	deprivation of medical attention, basic food and drink, clothing or any other essential item;
	(e)	deprivation of sleep;
	(f)	unjustified deprivation of contact with persons outside the facility;
	(g)	any other treatment that is cruel, inhuman or degrading.
14—Use of force
	(1)	Subject to any general directions of the Chief Executive Officer as to the use of force against children placed in residential care facilities, an employee in a facility may use such force against a child placed in the facility as is reasonably necessary in any particular case—
	(a)	to prevent the child from harming himself or herself or another person or from causing significant damage to property; or
	(b)	to ensure that the child complies with a reasonable direction given by an employee of the facility; or
	(c)	to maintain order in the facility.
	(2)	If force is used against a child placed in a residential care facility, the employees involved must ensure that a written report is provided to the supervisor of the facility containing the following particulars:
	(a)	the child's name;
	(b)	the names of all employees who were involved in or witnessed the use of force;
	(c)	the date, time and location in the facility where the use of force took place;
	(d)	the nature of the force used and the purpose for which, or circumstances in which, the force was used.

Part 5—Foster care
15—Licence applications
Pursuant to section 48(2), an application for a licence to carry on the business of a foster care agency, or for renewal of a licence to carry on the business of a foster care agency, must be made to the Chief Executive Officer on a form approved by the Chief Executive Officer, completed and signed by the applicant in accordance with the instructions contained in the form.

Part 6—Miscellaneous
16—Forms
	(1)	For the purposes of section 55(1) of the Act, an agreement for a child to be cared for in a children's residential facility must be in the form set out in form 1 of the Schedule.
	(2)	For the purposes of sections 200, 210 and 215 of the Act, a collector's certificate must be in the form set out in form 2 of the Schedule.
	(3)	An application under section 203(1) of the Act for an order discharging, suspending, varying or reviving an interstate order must be in the form set out in form 3 of the Schedule.
	(4)	An application under section 203(2) of the Act for an order discharging, suspending, varying or reviving a South Australian order must be in the form set out in form 4 of the Schedule.
	(5)	An application under section 208(1) of the Act for confirmation of a provisional order made interstate must be in the form set out in form 5 of the Schedule and that form is prescribed as the form of notice to be given under section 208(2).
	(6)	An application under section 220(1) of the Act for an order discharging, suspending or varying an overseas order must be in the form set out in form 6 of the Schedule.
	(7)	An application under section 220(2) of the Act for an order varying or reviving an order enforceable under the law of a reciprocating country must be in the form set out in form 7 of the Schedule.
	(8)	An application under section 225 of the Act for an order confirming a provisional order of variation made by a court of a reciprocating country must be in the form set out in form 8 of the Schedule.

Schedule—Forms

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 www.legislation.sa.gov.au.
Revocation of regulations
The Family and Community Services Regulations 1996 were revoked by Sch 2 of the Family and Community Services Regulations 2009 on 1.9.2009.
Principal regulations
Year	No	Reference	Commencement	
1996	29	Gazette 22.2.1996 p1250	1.3.1996: r 2