Disability Services QueenslandDisability Services Queensland

Preventing and responding to the Preventing and responding to the abuse, assault and neglect of abuse, assault and neglect of

people with a disabilitypeople with a disability

Funded organisationsPOLICY AND PROCEDURES

Every person has a right to live a life Every person has a right to live a life free from the fear of abuse, threats free from the fear of abuse, threats and assaultsand assaults• This basic human right is embedded in the This basic human right is embedded in the

United Nations Rights of the Disabled Person United Nations Rights of the Disabled Person 19751975 and in State and Commonwealth and in State and Commonwealth legislationlegislation

• Abuse, assault or neglect of a person with a Abuse, assault or neglect of a person with a disability will not be tolerated in any service disability will not be tolerated in any service provided or funded by DSQprovided or funded by DSQ

LegislationLegislation

CommonwealthCommonwealth Disability Services Act

1992 Human Rights and

Equal Opportunity Commission Act 1986

StateState Anti-Discrimination Act

1991 Powers of Attorney Act

1998 Guardianship and

Administration Act 2000 Child Protection Act

1999

BackgroundBackground

• Abuse Prevention Reference GroupAbuse Prevention Reference Group

• Discussion paperDiscussion paper

• Statewide community consultationStatewide community consultation

Policy Overview Policy Overview

• Promotes clear understanding of service Promotes clear understanding of service providers’ responsibilities and roleproviders’ responsibilities and role

• Applies to all services operated or funded by Applies to all services operated or funded by DSQ DSQ

• Establishes standard practices across Establishes standard practices across servicesservices

• Provides core policy, procedures and Provides core policy, procedures and procedure guides procedure guides

DSQ’s RoleDSQ’s Role

With DSQ services:With DSQ services:• Develop procedures Develop procedures

and ensure and ensure compliance within compliance within DSQ servicesDSQ services

• Information and Information and awarenessawareness

With funded services:With funded services:• Assist to implement Assist to implement

policy and develop policy and develop proceduresprocedures

• Monitor complianceMonitor compliance• Deal with complaints Deal with complaints

made through DSQ made through DSQ Complaints ProcessComplaints Process

Policy statementsPolicy statements

• Safety & best interests of person paramount Safety & best interests of person paramount • Services must respond promptly to allegations Services must respond promptly to allegations • Any concerned person can make report or Any concerned person can make report or

allegation without fear of reprisalallegation without fear of reprisal• All staff have a duty to report abuse, assault or All staff have a duty to report abuse, assault or

neglectneglect• Use of external reporting & referral processes Use of external reporting & referral processes

eg Police, Adult Guardian, Public Trusteeeg Police, Adult Guardian, Public Trustee

Service users’ rightsService users’ rights

All allegations of abuse, assault or neglect All allegations of abuse, assault or neglect reported to Policereported to Policevictim has the right not to pursue complaintmust receive independent support if they

choose not to pursue

Privacy and confidentialityPrivacy and confidentiality Access to information, legal support, advocacy Access to information, legal support, advocacy

and counsellingand counselling

Individual needsIndividual needs

• Services must recognise increased Services must recognise increased vulnerability of people withvulnerability of people with– communication difficulties – challenging behaviours

• Relevance of gender and culture recognisedRelevance of gender and culture recognised• Services’ strategies must be respectful and Services’ strategies must be respectful and

meet individual communication requirementsmeet individual communication requirements

Services must:Services must:• take all reasonable steps to prevent abuse, take all reasonable steps to prevent abuse,

assault or neglect of service usersassault or neglect of service users• develop, implement and monitor their own develop, implement and monitor their own

policy policy • train and inform all staff and volunteerstrain and inform all staff and volunteers

Services should advise DSQ of any incidentsServices should advise DSQ of any incidents

Policy: service providersPolicy: service providers

Procedures: service providersProcedures: service providers

Service providers’ procedures must include:Service providers’ procedures must include:• a complaint and/ or grievance procedurea complaint and/ or grievance procedure• a system for reporting and recording a system for reporting and recording

incidents incidents • a secure register of documentationa secure register of documentation• accountable processes for handling accountable processes for handling

consumers’ moneyconsumers’ money

• Independent investigation of allegationsIndependent investigation of allegations• Ensure consumers are supported & kept Ensure consumers are supported & kept

informedinformed• Ensure no retaliationEnsure no retaliation• Appointed guardian (and/or parents, if a child) Appointed guardian (and/or parents, if a child)

to be notifiedto be notified• Financial administrator to be advised of Financial administrator to be advised of

financial abusefinancial abuse

Protecting consumers’ interestsProtecting consumers’ interests

Service providers’ procedures must:Service providers’ procedures must:• stipulate reporting criminal conduct to Policestipulate reporting criminal conduct to Police• detail staff, management and volunteers’ detail staff, management and volunteers’

responsibilitiesresponsibilities• outline the tasks to be undertaken in responding outline the tasks to be undertaken in responding

to incidentsto incidents• provide reasonable timeframesprovide reasonable timeframes• stipulate requirements for documentationstipulate requirements for documentation

Developing proceduresDeveloping procedures

Resources for developing proceduresResources for developing procedures

Procedure guidesProcedure guides– examples of how procedures could be written

Resource bookletResource booklet– indicators of abuse, assault & neglect– examples– options for reporting– further reading

Checklist for policy and proceduresChecklist for policy and procedures

Requirement included in the service Requirement included in the service agreement at time of reviewagreement at time of review

12 months from commencement of 12 months from commencement of agreement to complyagreement to comply

When does it start?When does it start?

Policy, resource booklet and brochure Policy, resource booklet and brochure distributed from DSQ regional offices to distributed from DSQ regional offices to funded service providers -- April/May 2003funded service providers -- April/May 2003

Download from Download from Disability OnlineDisability Online: : www.disability.qld.gov.auwww.disability.qld.gov.au

Phone your DSQ Regional OfficePhone your DSQ Regional Office

AvailabilityAvailability