Preamble
BigDog Support Services Pty Ltd (BigDog) ensures that each client accesses supports free from violence, abuse, neglect, exploitation or discrimination.
BigDog has processes for reporting and responding to potential or actual harm, abuse and/or neglect that may occur for people using services.
1.5.1 Policies, Procedures and Practices
BigDog has policies, procedures and practices in place which actively prevent violence, abuse, neglect, exploitation and discrimination.
BigDog acknowledges the risks of harm, neglect, abuse or violence that some people with disability may face when using services or supports. Workers and volunteers are required to read, and services users are made aware of the availability of the Department of Communities, Child Safety and Disability Services Policy Titled: Preventing and responding to the Abuse, Neglect and Exploitation of People with Disability.
Staff and management client in training on the safeguarding of rights and freedom from harm, neglect, abuse and violence, and particularly on the United Nations Convention on the Rights of Persons with Disabilities. BigDog has policies and procedures in place to protect these rights and are consistent with relevant legislative and regulatory frameworks. The Directors, workers and volunteers will maintain a culture that:
Respects the well-being of those to whom service is provided.
Promotes human rights.
Ensures people with a disability are not exposed to abuse, neglect or exploitation.
This will occur via:
Upholding values and dignity
Building relationships with the person, their family and those who support them
Ensuring services provided in a safe and welcoming environment.
Ensuring that the person understands their rights and feel safe to raise concerns.
Ensuring that complaints and concerns that are raised are dealt with appropriately and timely
BigDog will:
Maintain recruitment procedures to a high standard including:
o Criminal history screening of new workers and volunteers
o Implementing a six-month probationary period for new workers
o Undertaking an Induction process for new workers and volunteers
Remind workers of their responsibilities as part of professional development including periodic in-house training
Foster a safe, supporting environment that encourages everyone to raise concerns without fear of retribution.
Reflect the protection of human rights and freedom from abuse and neglect via information provision, website and policies.
Request feedback via forms, website and verbally about satisfaction with services provided.
Respond to reported instances of abuse and neglect promptly, professionally and with sensitivity.
1.5.2 Advocacy
BigDog provides each client with information about the use of an advocate (including an independent advocate). BigDog facilities the use of an advocate where allegations of violence, abuse, neglect, exploitation or discrimination have been made.
Advocating is speaking up for people with disability and helping them to get the things that they want and need.
BigDog is required to assist persons they suspect of impaired decision-making capacity to gain external advocacy in situations where there are allegations of violence, abuse, neglect, exploitation or discrimination. This may be through family, friends, Adult Guardian, Public Trust (financial matters), Public Advocate, Advocacy groups, Disability Services, Legal services, or any other appropriate person.
There are great risks in situations where a reportable incident has arisen that the person who has been victimised will be marginalised and silenced during the investigation process. To avoid the incident being swept under the carpet and not properly investigated, BigDog facilitates access to an independent advocate who can act as an additional accountability measure to ensure that the voice of the client is heard. This will safeguard and prevent the seriousness of a reportable incident being minimised or the client’s experience being devalued.
Ms Michelle O'Flynn, Director of Queensland Advocacy Incorporated summarised the role of advocacy by saying:
“A complaints process, no matter how robust or stringent, cannot possibly factor in all of the needs that the person has, and it is not going to be something that a person who is intimidated and living in fear is able to reach out for unless there is a way that they can seek assistance from someone is trusted and removed from that setting. A lot of victims are not going to feel that they can access a complaints mechanism. It trivialises the notion of abuse as a mere complaint about service delivery. How can they do that? Who will speak up for them and who can they turn to? We think that one of the things that can help those people is access to advocacy. But where do they get that? Unless they actually have a relationship with an advocate, that is not going to happen.”
As such, it is an important role for BigDog as a service provider to assist clients to access advocacy services where required. BigDog management will also ensure that the person subjected to abuse, neglect or exploitation, is provided with access to opportunities for support, counselling and/or debriefing.
Advocating for people with disability can be part of the work of BigDog. Sometimes when staff advocate for a person with disability there can be a conflict of interest. For example, a staff member must follow the rules of the service but you might want something different. If there is a conflict of interest, it is generally better for you to ask for help from a separate advocacy agency. They will be able to independently advocate on your behalf.
An advocate is a person you choose to speak for you. They make sure that people listen to you. They might help you with talking or writing letters. There are many forms of advocacy.
Self-advocacy is when you speak up for yourself. Advocates from agencies can help you learn about your rights and how to speak up for yourself.
Informal advocacy is when you ask a friend or family member to speak up for you.
Family advocacy is when an advocate works with your parents and family members, so that the family knows how to best help you.
Citizen advocacy is when an advocacy agency matches you with a volunteer. The volunteer gets to know you and finds out what you need. They speak up for you and help you to get the support you need.
Individual advocacy is when an advocate works with a person to sort out bigger problems. These problems might be neglect, abuse or when your rights are not met.
External Advocacy may be through family, friends, Office of the Public Guardian, the Public Trust (financial matters) Public Advocate, Advocacy groups, Queensland Department of Communities, Legal services, or any other appropriate person.
1.5.3 Incidents
BigDog ensures any allegations or incidents of violence, abuse, neglect, exploitation or discrimination are acted upon and that any affected client is supported and assisted. Big Dog records all details and outcomes of reviews and investigations and takes action to prevent similar incidents occurring again.
BigDog actively works to ensure that individuals with a disability are afforded the quality of services and freedom from abuse, neglect and exploitation that they are entitled to and that any form of these will not be tolerated. Any allegations of violence, abuse, neglect, exploitation or discrimination are investigated in a prompt and respectful manner.
If the alleged offender is a worker
BigDog will ensure that all reasonable steps are taken to avoid contact between the person thought to have been subjected to abuse, assault or neglect and the alleged offender. This may involve:
Supervision of any interactions;
Immediate allocation to alternative duties;
Immediate suspension from duties, depending on the nature of the circumstances.
BigDog will ensure that the legal rights of the worker are not infringed upon and their right to natural justice is upheld.
If the alleged offender is a person outside of BigDog
BigDog will ensure that where possible, all interactions will be avoided or will occur only where it is required and under appropriate supervision.
If the alleged offender is another client
BigDog will take all reasonable steps to avoid contact between the person thought to have been subjected to abuse, neglect or exploitation and the alleged offender.
BigDog will ensure that:
a senior worker supervises any interactions between the person and alleged offender; Assistance is offered to both parties in their interactions with the police or other relevant organisation or authorities;
Both parties are provided with appropriate accessible information about their legal rights, options, and support services; or be given the opportunity to access this information.
BigDog will also ensure the alleged offender has access to a support person or advocate who can assist the person through the investigation and interview process and facilitate legal representation.
This person should be without prejudice and is chosen by the alleged offender for example; guardian and/or advocate, family member, friend, or someone who is not involved with the inquiry.
If the offender is found to be criminally responsible
If the offender is found to be criminally responsible or found guilty with no conviction recorded, BigDog will reserve the option to take appropriate disciplinary action.
Determinations in relation to such action are made in accordance with the Industrial Relations Act 1999 (Qld) and the Fair Work Act 2009 (Cth) and the BigDog code of conduct. In such instances, BigDog management must ensure that natural justice has been afforded to the worker and that the decision to initiate disciplinary action is based upon a full and documented consideration of the facts, context, intent and impact of the original offence(s). BigDog may seek legal advice or another relevant industry body such as the Queensland Confederation of Commerce and Industry (QCCI) or similar peak body or organisation which represents and supports organisations and service providers. The outcome and any subsequent actions of the investigation and response will be documented and kept secure. Access to this information will be restricted to those that have a proper or lawful right to this information.
At the conclusion of the investigation process, a full review of the incident and all subsequent actions will be undertaken to determine the effectiveness of the response procedure and highlight good practices and actions that may be implemented to minimise the risk of the situation re-occurring.
Where internal or independent investigations were conducted
The standard of proof in criminal matters is ‘beyond reasonable doubt’. This is a higher or stronger level of proof than is required for an industrial or disciplinary process, which only requires that the matter be proved on the balance of probabilities.
The finding of not guilty in a criminal case involving allegations of abuse, assault and neglect by workers against a BigDog client does not therefore prevent BigDog from taking disciplinary or other appropriate action
NDIS Quality and Safeguards Commission
The NDIS Quality and Safeguards Commission (the Commission) is an independent agency established to improve the quality and safety of NDIS supports and services. The Commission regulates NDIS providers, provides national consistency, promotes safety and quality services, resolves problems, and identifies areas for improvement.
NDIS Participants
The Commission regulates the NDIS market and handles complaints about the quality and safety of NDIS supports and services.
NDIS Commission will:
• Help you, and your families and carers, by responding to your concerns or complaints.
• Require providers to uphold your right to be free from harm
• Promote safety and quality services
• Oversee the NDIS Code of Conduct and Practice Standards for providers and workers
• Require registered NDIS providers to manage incidents involving participants.
• Require registered NDIS providers to report incidents, including abuse and neglect, to the NDIS Commission
• Provide national oversight of, and leadership in relation to, behaviour support
• Identify areas for improvement across the NDIS market and provide information and advice to improve future services.
NDIS Providers
Under the Commission, the requirements for NDIS providers are to be nationally consistent, proportionate to the size and scale of organisations and breaches, and responsive to an expanding market.
Requirements include:
• a national provider registration system
• NDIS Practice Standards
• an NDIS Code of Conduct
• a national worker screening system
• complaints management and resolution system
• incident management requirements, including reportable incidents
• Worker Orientation Modules
• behaviour support requirements, to reduce and eliminate restrictive practices.
Procedures
BigDog workers must always demonstrate responsiveness to any signs of abuse or neglect and act in accordance with their duty of care, legislative and common law responsibilities. All workers must familiarise themselves with relevant information pertaining to reporting and responding to alleged or actual abuse and/or neglect.
Incident Response
In response to an incident, BigDog:
recognises and acknowledges the impact of the incident or allegation on the client ensures the client is safe and feels as safe as possible. assures the client that the incident or allegation will be taken seriously and dealt with in a fair and equitable manner. clearly informs the client about their rights and considers their wishes identifies an advocate or support person, with the consent of the client where the client has the capacity to consent and keep the advocate or support person informed throughout the process.
in consultation with police and with the consent of the client (where the client has the capacity to consent), informs other parties such as next of kin. where the client is under 18 years of age, in consultation with police, informs the client’s parent or other person who has been legally appointed with parental responsibilities for the client where the client is over 18 years of age and has a legally appointed guardian, in consultation with police, informs the person’s guardian. keeps the client and their parent or guardian (if applicable) informed of the progress, outcome and any follow-up of incidents. plans for the provision of ongoing support to the client provides communication support if required ensures the client can provide feedback on the response to the incident or allegation.
Support and Debriefing
BigDog management will ensure that:
The person subjected to abuse, neglect or exploitation, is provided with and/or assisted to access opportunities for support, counselling and/or debriefing. It may be required to contact local advocacy services or the Office of the Adult Guardian for advice. Other involved or concerned workers have an opportunity for debriefing as well as informing them of other available counselling or support services. Support, counselling and debriefing will be provided to other clients or to families and carers or advocates of the victim(s).
Summary
All NDIS providers must comply with the NDIS Code of Conduct. The Code includes the responsibility to provide services and supports in a safe and competent manner with care and skill. NDIS registered providers must also comply with the NDIS Practice Standards relevant to the services and supports they provide.
The Core practice standards include responsibilities to make sure each NDIS participant accesses services and supports:
free from violence, abuse, neglect, exploitation or discrimination in a safe environment that is appropriate to their needs where any risks to them are identified and managed where their needs are met by workers who are competent in relation to their role, hold relevant qualifications and expertise and experience in providing person centered support. where incidents are acknowledged responded to and well managed and learned from.
NDIS registered providers must report to the NDIS Commission serious incidents (including allegations) that happen when participants are accessing NDIS supports or services. Reportable incidents, including the death of any NDIS participant must be reported to the NDIS Commission within 24 hours of the incident.
BigDog is dedicated to providing service responses that meet the needs of individuals whose lives are impacted by disability. From time-to-time critical incidents occur involving clients within a service structure, it is important that workers are conversant with their responsibilities when and if an incident should arise. It is crucial that all incidents are reported in order to undertake the appropriate assessments and to ensure a safe work environment and to avoid similar incidents occurring in the future.
NGO Training
Abuse and Neglect Body Language
Child Safety Critical Incidents
Child Safety Major Incidents
Sexuality and Relationships
NDIS Quality and Safeguard Framework
Legislation
Anti-Discrimination Act 1991 (QLD)
Child Protection Reform and other Legislation Act 2022 (QLD)
Disability Discrimination Act 1992 (Cwth)
Disability Services Act 2006 (QLD)
Disability Services and Inclusion Act 2023 (Cwth)
Domestic and Family Violence Protection Act 2012 (Cwth)
Fair Work Act 2009 (Cwth)
Guardianship and Administration Act 2000 (QLD)
Human Rights Act 2019 (QLD)
Industrial Relations Act 1999 (QLD)
Modern Slavery Act 2018 (Cwth)
National Disability Insurance Scheme Act 2013 (Cwth)
NDIS (Provider Registration and Practice Standards) Amendment Rules 2021
NDIS Practice Standards and Quality Indicators
BigDog Support Services Pty Ltd (BigDog) is a registered NDIS provider and is required to apply the scheme’s practice standard and quality indicators.
The standards have been developed to create an important benchmark to assess provider performance and ensure that high quality and safe supports and services are provided to NDIS participants.
The four core modules are:
1.0 Rights and Responsibilities;
2.0 Governance and Operational Management;
3.0 The Provision of Supports; and
4.0 The Support Provision Environment.
1.5 Violence, Abuse, Neglect, Exploitation and Discrimination
Each participant accesses supports free from violence, abuse, neglect, exploitation or discrimination.
Policies, procedures and practices are in place which actively prevent violence, abuse, neglect, exploitation or discrimination.
Each participant is provided with information about the use of an advocate (including an independent advocate) and access to an advocate is facilitated where allegations of violence, abuse, neglect, exploitation or discrimination have been made.
Allegations and incidents of violence, abuse, neglect, exploitation or discrimination, are acted upon, each participant affected is supported and assisted, records are made of any details and outcomes of reviews and investigations (where applicable) and action is taken to prevent similar incidents occurring again.
Human Services Quality Framework
The Human Services Quality Standards set a benchmark for the quality of service provision. Each Standard is supported by a set of performance indicators which outline what an organisation is required to demonstrate to meet that standard.
4 Safety, Wellbeing and Rights
The safety, wellbeing and human and legal rights of people using services are protected and promoted
4.1 BigDog provides services in a manner that upholds people’s human and legal rights.
4.2 BigDog proactively prevents, identifies and responds to risks to the safety and wellbeing of people using services.
4.3 BigDog has processes for reporting and responding to potential or actual harm, abuse and/or neglect that may occur for people using services.
Delegation of Authority
Steven Paull Director
Courtney Carroll Director
David Burrett Operations Manager
Monique Paull HR Lawyer
Authorise review and implementation
Authorise review and implementation
Ensure information dissemination
Ensure compliance by workers
Version Details
This policy will be reviewed every twelve (12) months unless circumstances deem it necessary to review earlier. The review process will involve an analysis of the usefulness of the policy and to note any changes which are required to improve the policy.
If minor changes are made in wording or to clarify the intent, the version number will indicate this by adding a ‘point’ i.e. Version 1.0 indicates the original version and 1.1 with the first round of minor changes made. A significant change or intent of the policy will be indicated by a whole new number i.e. Version 2.0.
The following rules also apply in interpreting this policy:
• Headings are for convenience only and do not affect interpretation.
• A singular word includes the plural and vice versa.
• A word that suggests one gender includes the other genders.
Date V Details
July 2009 1.0 Serious Incident Policy
March 2011 1.1
BDS replaced with BigDog “reserves the right” added
October 2012 1.2 Reference to Critical which replaces Serious Incident
October 2012
October 2013 2.0
February 2015 2.1
July 2016 3.0
Header – new logo and page of pages applied
Ratified by the Community Committee 15th October 2012
HSQF Standards replace Service Standard Indicators
Training sub-heading added to Supporting Documents
Word converted to Office 2013 DOCX
Updated term 'Client' to NDIS term 'Participant'
Added Restrictive Practises information
Added “or there is a suspicion of abuse, assault or neglect”
Changed the referencing of legislation
Changed from policy to a procedure under a larger policy
Added paragraphs around reporting obligations
Added ‘and the Fair Work Act 2009 (Cth).’
Added ‘legislative and common law responsibilities.
Changes made with the paragraph on external advocacy
Added ‘All employees must familiarise themselves with relevant information pertaining to reporting and responding to alleged or actual abuse and/or neglect.’
Added ‘All employees need to understand what restrictive practices are, how to identify if restrictive practices are being used, and the importance of reporting the suspected use of restrictive practices to management.’
Added section on protection of human and legal rights.
January 2019
January 2020
January 2021 5.1
Updated to new logo and style guide
Removed HSQF Standards Indicators and Policy matched with NDIS Practice Standards and Quality Indicators
Front cover updated to Standards colour identification.
Supporting Policies updated
Updated Responsible Officers details
Introduction of BigDog Training Portal and modules
Included NDIS Quality and Safeguards Commission
Included Modern Slavery Act 2018 (Cwth)
January 2022 5.2
January 2023 6.0
Updated Responsible Officers details and training modules
NDIS Practice Standards November 2021 Version 4
Included Human Services Quality Standards and Child Protection Act and the term “Participant” is returned to “Client” to allow for policies to cover NDIS and Child Safety.
Child Safety Forms and NGO Training Modules included.
January 2024 6.1 Disability Services Act 1986 replaced with Disability Services and Inclusion Act 2023 and policy review process included.