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PREVENTING AND RESPONDING TO ABUSE AND NEGLECT POLICY

PURPOSE

This policy sets out how Tasc ensures disability rights conferred by the Disability Services Act 2006, the Human Rights Act 2019, and the reporting obligations of the National Standards for Disability Services (NSDS) are upheld through:

  • Promoting safer communities and better-quality services to clients through the implementation of effective measures to prevent, identify and respond to abuse, neglect and exploitation in all Tasc services; and
  • Ensuring that clients are provided with adequate and appropriate supports for the response to incidents or allegations of abuse, neglect and exploitation including support to access complaints mechanisms.

SCOPE

The principal purpose of this policy is to prevent, identify and respond to abuse, neglect and exploitation within services that are provided or funded by Tasc. The policy is supported by resources which provide tools and strategies for practical application of the policy.

This policy:

  • Applies to all Tasc services and consequently to all staff and volunteers within these services; and to any person with a contractual arrangement with Tasc to deliver services and supports to people with a disability;
  • Provides an overarching framework for responding to and preventing incidents and allegations of abuse, neglect or exploitation.
  • Forms part of a framework of measures aimed at protecting the health, wellbeing and safety of people with a disability. As such, the scope of the policy does not include measures contained in other policies, for example, critical incident reporting. The policy complements other safeguards provided to people with a disability through the Disability Services Act 2006, Human Rights Act 2019 and the Guardianship and Administration Act 2000.

POLICY STATEMENT

Tasc is committed to preventing and responding to the abuse, neglect and exploitation of people with a disability. In instances where the abuse, neglect and exploitation of clients does or is suspected to occur, Tasc will respond to the abuse, neglect and exploitation of people with a disability.

The human rights principles of the Disability Services Act 2006 include the principle that people with a disability have the same human rights as other members of society and should be empowered to exercise their rights. This is best achieved through an integrated approach that targets the cultural, environmental and interpersonal causes of abuse, neglect and exploitation.

Tasc will:

  • Ensure that the health, safety and wellbeing of its clients is the paramount consideration in service provision and that clients are provided with maximum protection from abuse, neglect and exploitation.
  • Promote a culture of no retribution in the case of reporting, including reporting of suspected or alleged abuse, neglect or exploitation or incidents suggestive of abuse, neglect or exploitation.
  • Ensure that there are systems to identify abuse, neglect and exploitation of clients.
  • Ensure timely, adequate and appropriate responses to incidents.
  • Foster best practice through ongoing systems review.
  • Promote an integrated, evidence-based approach to the prevention and identification of and response to abuse, neglect and exploitation, which is supported by ongoing and appropriate workforce development and training.

Tasc is further committed to upholding the rights of persons with a disability through certification under the National Standards for Disability Services (NSDS) for its disability advocacy services. The NSDS requires that Tasc promotes individual rights to freedom of expression, self-determination and decision-making and actively prevents abuse, harm, neglect and violence.

PRINCIPLES

Tasc acknowledges that there are many forms of abuse, neglect and exploitation and demonstrates this through the adoption of the definitions of abuse, neglect and exploitation. The principles also reflect the human rights and service delivery principles of the Disability Services Act 2006.

Principles of Prevention of Abuse, Neglect and Exploitation

  • People with a disability have the same human rights within their families, communities and cultures as other members.
  • Strategies to prevent the abuse, neglect and exploitation of people with a disability include the reduction of isolation and the enhancement of social connections.
  • People at-risk are provided with tailored advice and support. This includes appropriate skill development for people with a disability in improving personal safety and capacity for safe participation in their communities.
  • Systems are established to prevent the occurrence or recurrence of abuse, neglect and exploitation within the service delivery context.

Principles of Identification of Abuse, Neglect and Exploitation

  • Early intervention approaches for the identification of the abuse, neglect and exploitation of people with a disability, taking particular care of known risk situations (both systemic and individual) are developed and implemented.
  • The system in place is reviewed so that systems gaps which may contribute to a person experiencing abuse, neglect or exploitation are identified and remedied.

Principles of Effective Response

  • Tasc is committed to a culture of open disclosure that encourages staff to report and openly disclose any suspected or alleged incidents of abuse, neglect and exploitation.
  • Any suspected or alleged incidents of abuse, neglect and exploitation of clients are reported in line with the requirements of Tasc’s Incident Reporting Policy.
  • Tasc ensures all employees are aware of the mandatory reporting requirements in relation to sexual abuse of a child.  If any person aged 18 and over has a reasonable belief that a child is being or has been the victim of sexual abuse by an adult, they have a mandatory obligation to report this to police unless there is a reasonable excuse not to.  ‘Reasonable excuse’ can include:  a belief the offence has already been reported; the victim is now an adult who is reasonably believed not to want it reported; or reporting the offence would endanger a person (other than the alleged offender) and that failure to report is reasonable. 
    • Legal professional privilege applies for lawyers.  However, there may be times where it is appropriate to report.  If a lawyer, during the course of work which is subject to legal privilege, forms a reasonable belief that a child is being or has been the victim of sexual abuse by an adult, they must consult with one of the Principal Solicitors. 
    • All other Tasc employees are bound by the mandatory reporting requirements.
  • There is specific consideration of individual, organisational and systemic issues around client-to-client abuse.
  • Clients who experience abuse, neglect or exploitation have the right to:
    • Complain about the service they receive or any form of abuse, neglect or exploitation experienced within Tasc services without fear of retribution;
    • Pursue grievances, complaints, and fair and equitable access to the criminal justice system without fear of the services being discontinued or recriminations from Tasc or its staff; and
    • Access appropriate support services to assist with the effects of abuse, neglect and exploitation where appropriate.
  • Any person who reports suspected or alleged incidents of abuse, neglect or exploitation of a client has the right to have their safety and rights respected and safeguarded.
  • Families and carers who have identified and reported incidents of abuse, neglect and exploitation would be provided with supports for the response to incidents of abuse, neglect and exploitation.

Principles of Service Development, Coordination and Delivery

  • Service reforms to prevent, identify and respond to the abuse, neglect and exploitation of clients are consistent with the principles of the Disability Services Act 2006 as well as the NSDS Standard 1 and NDIS (Incident Management and Reportable Incidents Rules), – upholding the legal and human rights of each person with a disability and taking action to prevent and/or respond to allegations of abuse and neglect.
  • Services are designed and implemented as part of local coordinated service systems and integrated with services and supports generally available to members of the community.
  • Individual and environmental risk assessments inform service provision and protect clients.
  • Services meet the needs of clients experiencing additional barriers because of their age and/ or gender identity or because of their location.

Principles of Workforce and Workplace Reform

  • Human resource management systems and practices support effective recruitment and selection (including compliance with statutory requirements such as criminal history checking), performance monitoring and development, and performance management.
  • The cultural needs of clients from Aboriginal and Torres Strait islander and culturally and linguistically diverse backgrounds are safeguarded through training in cultural competency.
  • Good practice in behaviour intervention and management is promoted and resourced.
  • Management is effective, responsive, stable and skilled.
  • The workplace culture supports continuous learning and professional development to respond to the needs of individuals being supported.

OTHER CONSIDERATIONS

Isolation and Challenging Behaviour

People with a disability who may be socially and/ or physically isolated have a heightened vulnerability, which has the potential to raise the likelihood of abuse, neglect and exploitation. Additionally, some people with a disability may display complex and challenging behaviour, either intentionally or unintentionally, to fulfil a need/purpose. These behaviours may result in the person with a disability also being a perpetrator of abuse.

  • Tasc has intervention and management policies and procedures to:
    • Identify and minimise risks to prevent clients who may be socially and physically isolated from experiencing abuse, neglect and exploitation;
    • Support clients who are physically and socially isolated and have been identified as experiencing abuse, neglect and exploitation; and
    • Identify and minimise risks of clients from exploiting, abusing and neglecting another person with a disability.
  • Tasc services ensure that the client’s appropriate substitute decision maker is consulted and informed on a regular basis regarding ongoing intervention and, where relevant and appropriate, has authorised behaviour intervention. The decision maker may be an informal one where a formal decision-maker or guardian has not been appointed for a personal matter.
  • Tasc services should have a positive and holistic focus which address the complex sets of issues that contribute to abusive situations as this approach is the most appropriate and effective in responding to a client’s behaviour support needs. When providing support to clients it is essential that all interventions:
    • Are the least restrictive for the person and that restrictive practices have been approved through the required authorisation procedures;
    • Are in accordance with the duty of care owed;
    • Do not breach any person’s human and legal rights; and
    • Are not in breach of any other statutory requirements including the Disability Services Act 2006 and the Work Health and Safety Act 2011.

ROLES AND RESPONSIBILITIES

The following describes the roles and responsibilities of Tasc in preventing abuse, neglect and exploitation of people with a disability.

Tasc

It is the role of Tasc to:

  • Promote a culture within services and a proactive systems approach to prevent and identify abuse, neglect and exploitation of clients;
  • Support and influence training;
  • Develop and implement ongoing and effective communication strategies to promote this policy and related procedures;
  • Report to the relevant authority or agency when required;
  • Support and monitor the implementation of the policy and procedures.

Manager of Tasc Services

Managers of Tasc services have specific responsibilities to ensure the prevention, identification and response to the abuse, neglect and exploitation of clients.

It is the role of managers to:

  • Ensure that all staff and volunteers are aware of, trained in, compliant with and implement the policy and procedures on preventing and responding to the abuse, neglect and exploitation of clients;
  • Provide active support to staff to create an appropriate service culture in accordance with the policy; 
  • Ensure staff are trained to recognise and prevent/minimise the occurrence of recurrence of abuse, neglect and exploitation of clients within a service delivery context; and
  • Develop a coordinated and uniform approach to promoting the rights of clients within their families, communities and cultures.

Identification of Abuse, Neglect and Exploitation

It is the role of managers to ensure that:

  • Systems are in place to identify and remedy gaps which contribute to a client experiencing abuse, neglect or exploitation; and
  • Staff are trained in early intervention approaches where potential or actual abuse, neglect or exploitation of clients is identified.

Responding to abuse, neglect and exploitation of people with a disability

It is the role of managers to ensure:

  • That there is a culture of no retribution for any person who reports abuse, neglect or exploitation of a person with disability;
  • Adherence with Tasc’s Quality System for continuous improvement;
  • That relevant staff advise clients, their families and advocates about:
    • Support services which are equipped to identify abuse, neglect and exploitation and able to refer individuals to appropriate specialist services;
    • Their rights to pursue grievances and complaints and access to the criminal justice system;
  • That all staff are respectful of their rights and needs;
  • The implementation of the requirements of the Incident Reporting Policy.

Staff

It is the role of all staff to:

  • Support management to maintaining a culture of no retribution for reporting of suspected abuse, neglect or exploitation;
  • Provide active support to other staff to maintain an appropriate service culture in accordance with the policy and provide services to clients in a manner that is consistent with the policy and procedures;
  • Report all alleged or suspected instances of abuse, neglect and exploitation in accordance with the policy and procedures as well as the Incident Reporting Policy;
  • Inform guardian or substitute decision makers of all alleged or suspected instances of abuse, neglect and exploitation (unless they are the alleged perpetrators);
  • Cooperate with the investigation of any complaint relating to the provision of services; and
  • Provide appropriate support to the person making the report.
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