Disability Services Queensland Preventing and responding to the abuse, assault and neglect of people with a disability Funded organisations POLICY AND PROCEDURES

Every person has a right to live a life free from the fear of abuse, threats and assaults This basic human right is embedded in the United Nations Rights of the Disabled Person 1975 and in State and Commonwealth legislationThis basic human right is embedded in the United Nations Rights of the Disabled Person 1975 and in State and Commonwealth legislation Abuse, assault or neglect of a person with a disability will not be tolerated in any service provided or funded by DSQAbuse, assault or neglect of a person with a disability will not be tolerated in any service provided or funded by DSQ

Legislation Commonwealth   Disability Services Act 1992   Human Rights and Equal Opportunity Commission Act 1986State   Anti-Discrimination Act 1991   Powers of Attorney Act 1998   Guardianship and Administration Act 2000   Child Protection Act 1999

Background Abuse Prevention Reference GroupAbuse Prevention Reference Group Discussion paperDiscussion paper Statewide community consultationStatewide community consultation

Policy Overview Promotes clear understanding of service providers’ responsibilities and rolePromotes clear understanding of service providers’ responsibilities and role Applies to all services operated or funded by DSQApplies to all services operated or funded by DSQ Establishes standard practices across servicesEstablishes standard practices across services Provides core policy, procedures and procedure guidesProvides core policy, procedures and procedure guides

DSQ’s Role With DSQ services: Develop procedures and ensure compliance within DSQ servicesDevelop procedures and ensure compliance within DSQ services Information and awarenessInformation and awareness With funded services: Assist to implement policy and develop proceduresAssist to implement policy and develop procedures Monitor complianceMonitor compliance Deal with complaints made through DSQ Complaints ProcessDeal with complaints made through DSQ Complaints Process

Policy statements Safety & best interests of person paramountSafety & best interests of person paramount Services must respond promptly to allegationsServices must respond promptly to allegations Any concerned person can make report or allegation without fear of reprisalAny concerned person can make report or allegation without fear of reprisal All staff have a duty to report abuse, assault or neglectAll staff have a duty to report abuse, assault or neglect Use of external reporting & referral processes eg Police, Adult Guardian, Public TrusteeUse of external reporting & referral processes eg Police, Adult Guardian, Public Trustee

Service users’ rights All allegations of abuse, assault or neglect reported to Police All allegations of abuse, assault or neglect reported to Police  victim has the right not to pursue complaint  must receive independent support if they choose not to pursue Privacy and confidentiality Privacy and confidentiality Access to information, legal support, advocacy and counselling Access to information, legal support, advocacy and counselling

Individual needs Services must recognise increased vulnerability of people withServices must recognise increased vulnerability of people with –communication difficulties –challenging behaviours Relevance of gender and culture recognisedRelevance of gender and culture recognised Services’ strategies must be respectful and meet individual communication requirementsServices’ strategies must be respectful and meet individual communication requirements

Services must: take all reasonable steps to prevent abuse, assault or neglect of service userstake all reasonable steps to prevent abuse, assault or neglect of service users develop, implement and monitor their own policydevelop, implement and monitor their own policy train and inform all staff and volunteerstrain and inform all staff and volunteers Services should advise DSQ of any incidents Policy: service providers

Procedures: service providers Service providers’ procedures must include: a complaint and/ or grievance procedurea complaint and/ or grievance procedure a system for reporting and recording incidentsa system for reporting and recording incidents a secure register of documentationa secure register of documentation accountable processes for handling consumers’ moneyaccountable processes for handling consumers’ money

Independent investigation of allegationsIndependent investigation of allegations Ensure consumers are supported & kept informedEnsure consumers are supported & kept informed Ensure no retaliationEnsure no retaliation Appointed guardian (and/or parents, if a child) to be notifiedAppointed guardian (and/or parents, if a child) to be notified Financial administrator to be advised of financial abuseFinancial administrator to be advised of financial abuse Protecting consumers’ interests

Service providers’ procedures must: stipulate reporting criminal conduct to Policestipulate reporting criminal conduct to Police detail staff, management and volunteers’ responsibilitiesdetail staff, management and volunteers’ responsibilities outline the tasks to be undertaken in responding to incidentsoutline the tasks to be undertaken in responding to incidents provide reasonable timeframesprovide reasonable timeframes stipulate requirements for documentationstipulate requirements for documentation Developing procedures

Resources for developing procedures  Procedure guides –examples of how procedures could be written  Resource booklet –indicators of abuse, assault & neglect –examples –options for reporting –further reading  Checklist for policy and procedures

 Requirement included in the service agreement at time of review  12 months from commencement of agreement to comply When does it start?

 Policy, resource booklet and brochure distributed from DSQ regional offices to funded service providers -- April/May 2003  Download from Disability Online:  Phone your DSQ Regional Office Availability