Disability Services Queensland

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

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

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

4. Background • Abuse Prevention Reference Group • Discussion paper • Statewide community consultation

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

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

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

8. Service users’ rights • 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 • Access to information, legal support, advocacy and counselling

9. Individual needs • Services must recognise increased vulnerability of people with • communication difficulties • challenging behaviours • Relevance of gender and culture recognised • Services’ strategies must be respectful and meet individual communication requirements

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

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

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

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

14. 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

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

16. Availability • Policy, resource booklet and brochure distributed from DSQ regional offices to funded service providers -- April/May 2003 • Download from Disability Online: www.disability.qld.gov.au • Phone your DSQ Regional Office