2.5.2 Participant Grievance

Participant Grievance

2.5.2

January 2021

2.5.2 Participant Grievance Contents Preamble ............................................................................................................................. 3 Key Elements....................................................................................................................... 3 Grievance Levels ................................................................................................................. 4 Level 1 Grievance ............................................................................................................ 4 Level 2 Grievance ............................................................................................................ 4 Level 3 Grievance ............................................................................................................ 4 External Supports ................................................................................................................ 5 NDIS Quality and Safeguards Commission ......................................................................... 6 Procedure ............................................................................................................................ 7 Summary ............................................................................................................................. 7 Supporting Documents ........................................................................................................ 8 Policies ............................................................................................................................. 8 Forms ............................................................................................................................... 8 Information Sheets ........................................................................................................... 8 Training ............................................................................................................................ 8 Legislation ........................................................................................................................ 8 Responsible Officers ............................................................................................................ 8 NDIS Practice Standards and Quality Indicators ................................................................. 9 2.5 Feedback and Complaints Management .................................................................... 9 Version Details ................................................................................................................... 10

2.5.2 Participant Grievance

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Preamble Every participant, potential participant, advocate, family member or stakeholder of BigDog Support Services Pty Ltd (BigDog) has the right to complain. This fundamental right is in itself a tool for change and improvement of service provision. As well it is a means of protection and accountability. It is therefore the responsibility of all involved with the service to have a clear understanding of the process and that the process is outcome based. The outcome may in fact be that a person has complained and that their complaint is recorded.

Similarly, it may result in a change of BigDog policy that has an overall effect.

It should also be recognised that being able to complain is empowering and BigDog has a philosophy of empowerment.

Key Elements 1. All grievances are to be taken seriously.

2. It should always be recognised that the participant is the most vulnerable in the situation when they complain. They should therefore always be given the opportunity for appropriate advocacy when they make a grievance. This may mean external support.

3. A participant may choose to complain in a medium other than verbally or in writing. Any needs for augmented or alternative communication materials or equipment will be supplied. This is to ensure that participant views will be heard no matter what their disability.

4. It is the responsibility of the Directors, employees, volunteers and contractors to ensure that participants are advised of their right to complain and to also make appropriate provision for participants to complain.

5. All complaints that have issues of legal impropriety must always be referred on to the appropriate legal authority.

6. The Directors will be charged with the responsibility to ensure the integrity of the grievance process and to always be mindful of the inherent risk to a participant in the process. The Directors are to ensure that a do no harm philosophy is followed.

7. The Directors are charged with following practices of natural justice in addressing issues.

8. In negotiating outcomes, a Win-Win focus is to be employed where no parties are disadvantaged.

9. A participant must always be advised that they are entitled to speak to an independent person when they are making a complaint.

10. All complaints are to be recorded with outcomes and results and filed accordingly.

If the participant is not satisfied and is funded through the NDIS, the participant can contact the NDIS Quality and Safeguards Commission by calling 1800 035 544 or visiting ndiscommission.gov.au for further information.

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Grievance Levels Level 1 Grievance Participants and their advocates should feel free to speak directly with any person in the employ of BigDog stating their grievance and try to resolve the issue to their satisfaction at this point.

This will be viewed as a non-formal complaint and seen as a collaborative way of resolving conflict or minor issues. Employees are required to record the grievance and pass this onto the Directors with the outcomes concluded within seven (7) days.

Level 2 Grievance Participants and their advocates advise any employee they wish to make a formal complaint.

1. The employee will immediately advise the participant of their right to make a complaint and ask how the participant wishes to proceed.

2. This must be recorded on a Participant Grievance Report with all relevant information and given to the Administration Officer.

3. The Administration Officer will record the date received and notify the Directors of the complaint at the earliest opportunity and a coordinator must be notified immediately.

4. Elements of the Participant Grievance Report include: a. Any immediate action taken b. Recommended action c. Details of responsible persons and their action roles d. Date presented to the Management Meeting e. Response date and type 5. A meeting must be scheduled with the participant by an appropriate representative of BigDog as requested by the participant to review and investigate the complaint.

6. All information is then to be forwarded to the Directors for assessment and direction. The directors are to acknowledge receipt of any grievance within two working days of receipt and an agreed time frame for the investigation of the grievance and follow up is to be negotiated between the Directors and the aggrieved party.

7. A directive may then be issued by a Director as to how to resolve the issue in the least intrusive manner, dependent upon circumstance.

8. All outcomes are to be recorded and a written response is to be given to the participant or their advocate.

Level 3 Grievance If there is no satisfactory outcome to a grievance of any participant of BigDog, the Directors will assist the participant to gain independent advocacy of their choice.

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External Supports BigDog will inform the participant and other relevant stakeholders of any external avenues or appropriate supports for feedback, complaints or appeals and assist them to access or understand how they access them.

This may be sought through: Anti-Discrimination Commission of Queensland Complaints Infoline Crime and Misconduct Commission (CMC) Department of Communities, Disability Services Department of Veteran Affairs Disability Discrimination Commissioner – Australian Human Rights Commission NDIS Quality and Safeguards Commission Office of the Public Advocate Office of the Public Guardian Queensland Ombudsman Queenslanders with Disability Network (QDN) ACROD – National Industry Association for Disability Services

The above list is not exclusive, and a participant is entitled to be given as many options as possible to determine the most appropriate advocacy.

BigDog recommends TASC (formerly the Toowoomba Community Legal Service) which was founded in 1982 as the local legal service for disadvantaged people. Today TASC is nationally known for its innovative delivery of legal, and advocacy services across the whole south-west of the state and has worked with BigDog on a number of programs in the past.

At this point a meeting will be organised at the earliest opportunity within (48 Hours preferred) where the grievance will again be heard. A final determination is to be made. A written response with a determination and minutes of the meeting is to be given to the participant within 48 hours.

This in no way relinquishes any rights of a participant to seek legal support if this is what they feel is appropriate to resolve their issue.

All the above grievance levels when enacted should be supportive of the needs of all involved and in particular the most vulnerable in the process, the participant.

2.5.2 Participant Grievance

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NDIS Quality and Safeguards Commission The NDIS Quality and Safeguards Commission (NDIS Commission) is an independent government body that works to improve the quality and safety of NDIS funded services and supports.

The NDIS Commission can take complaints from anyone about: NDIS services or supports that were not provided in a safe and respectful way NDIS services and supports that were not delivered to an appropriate standard How an NDIS provider has managed a complaint about services or supports provided to an NDIS participant The NDIS Commission cannot take complaints from anyone about: The NDIS NDIS Plan access NDIS participant plans As well as dealing with complaints, the NDIS Commission works to educate providers about delivering quality and safe supports, and effectively responding to complaints. If a complaint raises a serious compliance issue, the NDIS Commission has powers to take action.

Participants are encouraged to try to talk directly to their NDIS service provider first to resolve a complaint. If they do not feel comfortable speaking to the provider or are not satisfied with the result of their complaint, contact the NDIS Commission.

In resolving an issue, the NDIS Commission may: Request information to clarify the issues Help you communicate with an NDIS provider With participant consent, speak to the NDIS provider Communicate responses from an NDIS provider to the participant.

A complaint can be withdrawn at any time.

An issue may be referred to conciliation or investigation. Conciliation helps everyone to understand the issues and to reach an agreement on how an issue can be resolved.

An investigation may be conducted if serious compliance issues or risks to people with disability are raised in the complaint.

NDIS Commission Phone:

1800 035 544

Visit:

www.ndiscommission.gov.au

NDIA or Commonwealth Ombudsman Phone:

1800 800 110

Visit:

www.ndis.gov.au or www.ombudsman.gov.au

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Procedure Grievances are best handled promptly and as close to the source as possible All grievances are to be taken seriously In negotiating outcomes, a Win-Win focus is to be employed where no parties are disadvantaged Any grievance that has issues of legal impropriety must always be referred on to the appropriate legal authority.

Grievances will, whenever relevant, form part of BigDog continuous improvement.

All feedback is valued by BigDog. Feedback is regularly sought from all participants and their families Feedback helps to inform the quality assurance process.

Any decision made by BigDog can be appealed.

Any person can ask for more information in regard to a decision being made and can appeal that decision.

Summary Principles of complaints management Principle

Description

Centred on people with disability

Management of a complaint is respectful of, and responsive to, a person with disability’s preferences, needs and values.

Outcome focussed

Management of a complaint should reveal the factors that contributed to the complaint being made and seek to prevent matters giving rise to complaints from reoccurring, where appropriate.

Clear, simple and consistent

The process for receiving and responding to complaints is easy to understand, accessible and consistently applied.

Accountable

NDIS providers are responsible for appropriately managing complaints. Everyone involved in the management of a complaint understands their role and responsibilities and will be accountable for decisions or actions taken in regard to a complaint.

Continual improvement

The complaints process facilitates the ongoing identification of issues and implementation of changes to improve the quality and safety of NDIS supports and services.

Proportionate

The nature of any actions following a complaint will be proportionate to the issues raised and any risk of harm to people with disability.

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Supporting Documents Policies 2.0 Governance and Operational Management 2.5 Feedback and Complaints Management

Forms Compliment Form Have a Say Form Participant Grievance Form

Information Sheets A guide to making a complaint Complaints Management and Resolution Guidance (NDIS Commission) Giving Feedback (PowerPoint) Service Information Booklet Speak Up Complaints (NDIS Commission) Standards of Practice Unhappy or Sad

Training Communication and Supporting Skills Solving Problems To Stand Beside – Advocacy VALID

Legislation All complaints that have issues of legal impropriety must always be referred on to the appropriate legal authority. All other complaints are to be considered confidential in accordance with the appropriate legislation: Community Services Act 2007 (QLD) Disability Discrimination Act 1992 (Cwth) Disability Services Act 2006 (QLD) Human Rights Act 2019 (QLD) National Disability Insurance Scheme Act 2013 (Cwth) Privacy Act 1988 (Cwth) Public Interest Disclosure Act 2010 (QLD)

Responsible Officers Steven Paull ............ Managing Director Courtney Carroll ....... Director Company Solicitor Maree Smith ............ Manager Policies and Procedures

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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.

2.5 Feedback and Complaints Management Each participant has knowledge of and access to the provider’s complaints management and resolution system. Complaints and other feedback made by all parties are welcomed, acknowledged, respected and well-managed.

2.5.2 Each participant is provided with information on how to give feedback or make a complaint, including avenues external to the provider, and their right to access advocates.

There is a supportive environment for any person who provides feedback and/or makes complaints.

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Version Details Date

V

Details

July 2009

1.0 New Policy Client Grievance

March 2011

1.1 Updated BDS changed to BigDog

October 2011

1.2 Ratified by Community Committee review of policy – include a Complaints Kit

October 2011

1.3 Complaints kit developed and included in policy

March 2012

1.4 Page header new logo and page of pages included

October 2013

2.0 HSQF Standards replace Service Standard Indicators Training sub-heading added to Supporting Documents

February 2015

2.1 Updated Policy title from ‘Client Grievance Policy’ to ‘Participant Grievance Policy’ and changed term 'Client' to NDIS term 'Participant'

July 2016

3.0 Changed from a policy to a procedure Removed reference to Community Committee Added information to the feedback section

August 2016

3.1 Added information on grievances under the NDIS

January 2019

4.0 Updated to new logo and formatting Included Operations Manager Removed Procedure from title Updated HSQF policies and documents Included cover page and contents

March 2020

5.0 Removed HSQF Standards Indicators and Policy matched with NDIS Practice Standards and Quality Indicators Front cover updated to Standards colour identification Supporting Policies updated

January

5.1

2.5.2 Participant Grievance

Updated Responsible Officers details Changed ‘the director’ to ‘the directors’ Introduction of BigDog Training Portal and modules

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