Policy and Procedure

Introduction

It is Decent Care commitment to work within the framework of relevant legislation and the United Nations Convention on the Rights of Persons with Disabilities to ensure the human and legal rights of people using the services are upheld in relation to the prevention, identification and reporting of sexual, physical, emotional and financial abuse.
The purpose of this policy is to:

Promote human rights of the people accessing supports and services provided
Create a service environment where risks to the rights and well-being of people receiving supports and services are minimised; and
Ensure that where the service becomes aware of an instance of violence, abuse, neglect, exploitation and discrimination, there is a prompt response that is undertaken professionally and compassionately to address the situation in accordance with the requirements of the NDIS Reportable Incidents Guide.

Scope

The scope of this policy applies to Management, team members, students, volunteers, contractors and any other person who may act on behalf of Decent Care

Principles

Decent Care believe that everyone is entitled to be safe and to live in an environment in which they are protected from violence, neglect, exploitation or any other form of abuse. Any suspected or alleged abuse must be responded to promptly and sensitively, with the aim being to protect the individual(s) from harm. Decent Care has a process for monitoring and responding to all incidents, including reports of abuse.

Policy

Decent Care has a commitment to ensuring that the rights of people using the service are respected, their well-being is safeguarded and that they are not exposed to any form of abuse and neglect whilst using the service. Decent Care undertakes a preventative approach by ensuring all participants are assessed for vulnerability during the intake and assessment process. The vulnerability is recorded in the Master Register that has management oversight and check in processes, to ensure all participants are receiving safe supports. Decent Care ensures all participants understand their rights to safety through the provision and explanation of these rights in the Participant’s Welcome Pack they receive at commencement of service.

It is expected that everyone who is associated and provides services with Decent Care, will share the commitment to maintaining an organisational culture that:

Upholds the value and dignity of participants
Provide services in an environment that is safe and welcoming for everyone
Empowers people by assisting them to understand their rights
Ensures participants are feeling safe to raise their concerns
Responds proactively to concerns and complaints when they arise
Fosters collaboration with other organisations in upholding a person human rights and preventing violence, abuse, neglect, exploitation and discrimination.

Procedure

A report of abuse may be received from:

A person using the service by any communication that they prefer to use
A team member or any other person, who may witness abuse of a person and make a report; or
A team member upon observing one or more indicators of abuse suspects that a person/s have been or is being abused.

The following procedures must be followed where abuse of any sort towards a participant is known or suspected.

Emergency response
Team members who are present at the time of the assault will:

Take appropriate measures to maintain their own safety, and that of other participants and team members
Ensure that the person/s (the victim) is protected from any further harm or contact with the person who is the source of abuse (the offender)
Notify the ambulance if the participant or anyone else is injured
Immediately advise the Managing Directors of the incident
Contact the Police if a person has been physically or sexually assaulted or dies as a result of an assault
Contact the local Sexual Assault Service if a person has been sexually assaulted
If the matter involves a person under the age of 18 years, concerns are to be reported about the immediate safety of a child to: Deptarment of Health and Human Services: 1300 655795 (Vic)

Protecting evidence

Team members at the scene must endeavour to ensure that any evidence the Police may require in their investigation is not disturbed
Evidence may be lost if a victim of sexual assault bathes soon after the assault. Try to delay bathing until the Police arrive if the victim is not distressed about the delay
If possible, preserve the victim’s clothing as evidence following an assault of any type
If possible, isolate the area where the incident occurred and do not allow anyone to enter the area until the Police arrive
Apart from ascertaining their physical condition and state of mind, avoid questioning the person about the incident to reduce contamination of their recall and confusion about the events.

The Managing Directors role in an emergency response

Ensure that all emergency procedures have been followed and the appropriate emergency services have been called
Ensure that the victim’s wishes are followed in relation to advising family, carer or other support person about the incident, where the victim is capable of making this known. When the victim is not capable then the Managing Directors will make sure the appropriate person is notified of the incident as soon as possible
Ensure that documentation of the incident is completed.
Ensure that external reporting requirements to the NDIS Quality and Safeguards Commission are undertaken

Actual or alleged abuse by a Decent Care team member

If witnessed or suspected that a Decent Care team member has abused a person/s, the Managing Directors must be informed immediately
If it is suspected that the Managing Directors are involved in the abuse, the matter must be reported to the Police
Where management reasonably believes that a team member is the source of abuse of a participant, the matter must be referred to the Police. The referral and management of the incident will be managed by the Managing Directors
Any allegations of abuse by a team member towards a participant will be the subject of internal investigations within Decent Care and the Police
If after an investigation it is found that the team member has abused a person, the matter may warrant dismissal of Decent Care team member as well as any disciplinary action taken by the Police.
Team members will not accompany the offender to the police station to provide support. If support is required, this will be provided by an independent person or a legal advisor
In all instances the alleged Offender will be stood down from duties whilst the relevant above investigation processes are undertaken.

Abuse by another person using the service

When one person is the suspected or known source of abuse towards another person using the service, Decent Care team members must ensure that the rights of both people are observed during the response and reporting process
Any decisions made in relation to managing the incident must be fully documented for future reference, along with the reason for the decision and the name and contact details of the person making the decision
The Managing Directors ensure that the wishes of the victim and the offender are followed in relation to advising family, guardian or other support persons about the incident, where they are capable of making this known. When the victim and/or the offender are not capable then the Managing Directors will notify the appropriate person of the incident
The Managing Directors will facilitate access to appropriate support, where practical for both the person, their families and team members, and ensure they have information about available services
If the Managing Directors reasonably believes that an incident between two persons is abuse or assault, the matter will be referred to the Police
If a team member accompanies the offender, who is a participant, to the police station to provide support, the team member must not give an opinion about the offender or the alleged incident, give the offender legal advice, question the offender on behalf of the police or interpret the offender’s actions. An independent person or a legal adviser will replace the team member as soon as possible.

Responding to abuse of a participant by another participant
Decent Care manages the interactions between persons using the service to avoid incidents of abuse, and record behaviour management plans and risk profiles that may cause one participant to harm another. If the advised behaviour management strategies fail to prevent the abuse of one person by another, actions are implemented to protect any person/s from further harm. A review of the circumstances pertaining to the event is conducted within a reasonable timeframe. Any behaviour management strategies implemented by the service are safe, respectful of the person and non-abusive.

Communication

The Managing Directors will communicate with the victim and family, carer or other person to ensure that information relating to the incident is provided through a coordinated source
Information being relayed to the victim must be provided in a form that is understandable using a language, mode of communication and terms that the participant is most likely to understand
When the victim is unable to make decisions about any aspect of the incident, a family member/carer must be present to make decisions on the victim’s behalf.

Support for the participant

The victim and family/carer or other support person will be assisted to access any debriefing, counselling, legal or other support services if that is their wish
People who are victims of abuse and their families/carers will be referred to Victims of Crime 1800 819 817 to be advised of their rights and the supports available to them
The Managing Directors will facilitate access for victims of violent crimes and their families/carers who may be eligible to apply for counselling with the approved counselling service provided by Victims of Crime or an associated agency
The victim, family/carer or other support person will have the choice of pursuing the matter through the legal system and will be supported to access the services and advice they require. Information provided to a person, family/carer or their support person about legal rights, options and support services must be provided in a format that suits their individual communication needs.

Reporting abuse
The procedures for reporting allegations or suspicions of abuse are clearly articulated and include the responsibilities of all parties involved in the process. The culture of Decent Care encourages and supports any person who has witnessed abuse of a person or persons, or suspects that abuse has occurred, to make a report and be confident of doing so in a supportive environment without fear of retribution. Decent Care will ensure the participant is offered the use of an advocate in reporting the incident. An Incident Report Form will be completed and will be managed in line with the Incident Management Policy and Procedure. It is imperative that comprehensive and accurate documentation is maintained in the interest of all parties, and to ensure accountability and transparency in decision-making. A detailed incident report will be completed as soon as possible to ensure an accurate record of the incident.

The report will include:

The nature and extent of the incident
A description of the incident completed as soon as possible and being an exact record of the events
Additional reports written by other witnesses or persons present at the time the incident occurred
The name and contact details of all those involved, particularly in relation to decisions that are made as a result of the incident
The response provided to the person making the allegation
Treated in line with the Privacy and Confidentiality Policy and in compliance with relevant privacy legislation
The date and signature of the person making the report
Ongoing actions required to resolve the matter
The outcome, although, depending on the nature of the incident an outcome may be delayed.

Privacy and confidentiality

All team members who are in contact with the victim or the offender will maintain confidentiality of information between the individuals who are directly involved in responding to the incident
Confidentiality must be maintained when making a report to external agencies unless the participant has provided written consent

Advocacy and support for people using the service

An advocate may be invited to represent the best interests of the person, and in the absence of a family member or any other person with close relationship with the person, the participant will be invited to include a formal advocate (see also Advocacy Policy and Procedure).

The issue of information sharing arises in the Freedom from Violence, Abuse, Neglect, Exploitation and Discrimination Policy and a balance is required between:

Ensuring that people who have an important relationship with the participant are informed when there is an allegation of abuse involving that person where consent is provided
Decent Care mandatory reporting requirements
Obeying the law as it applies to upholding individual’s rights to privacy.

External Reporting

Reportable incidents must be reported to the National Disability Commission within 24 hours utilising the “My reportable incidents” tile in the NDIS Commission Portal and complete an Immediate Notification Form. The Managing Directors will provide ongoing communication, documentation and assistance to the Commissioner in the management of this matter.

External Investigations

Decent Care’ response process does not compromise any investigation by the Police, NDIS Commission or other external agencies. Team members and witnesses co-operate with the investigations of the Police and other agencies as required. Participants may require an independent support person during their contact with the Police and other agencies, Decent Care will support this process. The roles and responsibilities of management, team members and volunteers in responding to a report or allegation are defined by involvement of the person and the Managing Directors at the time of the incident.

Responsibilities

The Managing Directors are responsible for:

Approving and maintaining this policy its related procedures and associated documents
Ensuring a culture of freedom from Violence, Abuse, Neglect, Exploitation and Discrimination
Undertaking all reporting requirements to the NDIS Quality and Safeguards Commission

Program Managers are responsible for:

Ensuring the policy is effectively implemented across the service
Monitor team members compliance with the requirements of the policy
Ensuring team members are trained in and familiar with the definitions and procedures outlined in the policy
Ensuring the Participant Risk/Vulnerability Register is actioned, and those participants who are listed as vulnerable receive regular check -ins
Setting a culture of awareness of Violence, Abuse, Neglect, Exploitation and Discrimination within the teams through ongoing training provision and team meeting conversations
Monitoring participant progress notes for any suspected instances of violence, abuse, neglect, exploitation and discrimination and notifying the Managing Directors immediately

Team members, volunteers and students are responsible for:

Ensuring the ongoing safety of participants
Acting ethically in their participant service practice
Ensuring they have the skills, knowledge and ability to support participant advocacy requirements
Documenting and notifying their Program Manager of any suspected instances of violence, abuse, neglect, exploitation and discrimination.

Definitions

Violence

Violent behaviour by a person towards another can include abusive behaviour;

Physically or sexually abusive
Emotionally or psychologically abusive
Threatening
Coercive
Any way controls or dominates a person and causes them to feel fear for the safety or wellbeing of themselves or another person; or
Behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to above.

Neglect

Failure by a service provider or carer to provide adequate care. Types of neglect include:

Physical neglect - failure to provide adequate food, shelter, clothing and protection
Supervision medical or dental care that places a person at undue risk through unsafe environments or practices
Passive neglect - withholding or failure to provide the necessities of life
Wilful deprivation - wilfully denying assistance and thereby exposing a person to the risk of physical, mental or emotional harm; or
Emotional neglect - restricting social, intellectual and emotional growth or wellbeing.

Discrimination

This includes the way an Agency treats a person, how far they go to make information accessible to a person, or the decisions they make about what support a person can get. Other types of discrimination are also unlawful. These include discrimination based on gender, ethnicity, age, sexuality, beliefs, appearance, as well as many other things.

Abuse

Behaviour or actions that are intended to cause harm to a person including:

Threatened or actual physical, sexual or verbal abuse, harassment, including physical and medical restraint
Abusive behaviour management practices
Taking advantage of legal and financial situations to the detriment of a person
Accidents or near accidents caused by unsafe equipment or practices
The threat of retribution for disclosure of any potential or actual abusive or neglectful practice or situation; or
Use of punitive or coercive behaviours to ensure a person’s compliance.

Exploitation

Behaviour or action where a person utilises their position of power to take unfair advantage of people, their characteristics, or their situations. This could include (but not limited to):

Sexual acts
Financial gain
Entertainment.

Useful contacts and services

Police/Ambulance 000
Dept Health and Human Services: 1300 655795 (Vic)
National Sexual Assault, Family & Domestic Violence Counselling Line 1800RESPECT (1800 737 732)
Victims of Crime 1800 819 817
National Disability Abuse and Neglect Hotline: 1800 880 052
NDIS Quality and Safeguards Commission 1800 035 544.

Freedom from Violence, Abuse, Neglect, Exploitation and Discrimination Policy