OTA Governance Review
EMPOWERING MINDS TRANSFORMING LIVES
Australia’s Premier Mental Health Forum for Occupational Therapists
Occupational Therapy Australia warmly invites you to participate in the OT Mental Health Forum 2024 on Thursday 28 - Friday 29 November at the Melbourne Convention and Exhibition Centre. The forum will provide opportunities for occupational therapists to come together and exchange ideas, share practices and challenges, network and meet new colleagues, and learn from the exciting array of current mental health practice and research activity happening in the occupational therapy space.
Suzanne Fuzzard
Centre Manager for headspace
Murray Bridge and Victor Harbor
“I had an amazing time at the OTA Mental Health Forum. It was incredibly energising and reinvigorating to meet with other OTs working in mental health and hear about the unique shared challenges, as well as the amazing work people have been doing.” Emma Delaney, OT Royal Melbourne Hospital - North West Mental Health
BY OCTOBER 15 TO SAVE!
For all fees and inclusions, visit the Forum website or scan the QR code:
Dr Clinton Shultz Director of First Nations Strategy and Partnership at the Blackdog Institute
Carolyn Gillespie Co-Chief Executive Officer, Victorian Collaborative Centre for Mental Health and Wellbeing
ABOUT CONNECTIONS
Connections is a publication of Occupational Therapy Australia (OTA), the peak body representing occupational therapy in Australia.
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DISCLAIMER
This newsletter is published as an information service and without assuming a duty of care. It contains general information only and, as such, it is recommended that detailed advice be sought before acting in any particular matter. The materials included in this newsletter by third parties are not attributable to Occupational Therapy Australia, and are not an expression of Occupational Therapy Australia’s views. Occupational Therapy Australia is not responsible for any printed expressions or views in any third parties’ inclusions. Any enquiries regarding inserts, advertisements or articles placed by these third parties should be directed to them.
Occupational Therapy Australia respectfully acknowledge the Traditional Custodians of the country on which we live, learn and work.
President’s Report
Priscilla Ennals | OTA President
Welcome to this edition of Connections. Writing this has me in a reflective mood. I am reflecting on the layers of uncertainty that loom large in our current context. Geopolitical instability and conflicts, the environment, the economy, funding for health, housing, education and social care, social media, violence, stigma, discrimination, and polarised discourse. While these uncertainties feel sharper for me this week, I know uncertainty is really a constant; something we are all navigating constantly.
We know many uncertainties are present for OTA members right now. I have heard members describing the challenges of workforce and not being able to find occupational therapists to employ. Others are navigating uncertain funding arrangements, with proposed changes to schemes like the NDIS potentially impacting where and how occupational therapists work, and access to supports needed by people with disabilities. New graduate members are traversing the uncertainty of their new profession, new roles and routines, and the endlessly unique challenges in daily living experienced by the people (patients, clients, consumers) they are meeting for the first time. And of course, uncertainty is very real and present for many people reaching out to occupational therapists for support and intervention.
Yet we seek a way forward; a way to hold that uncertainty alongside what Vicki Reynolds (2021), a Canadian social activist and therapist, refers to as “believed-inhope”. I was fortunate to be in a workshop with Vicki recently where she reminded us that “our job is to step up and create a space in which there is a possibility for hope to grow” (Reynolds et al., 2021, p.6).
Keeping connected is a strategy that works for me in managing the uncertainty in my life. I recently spent time camping with great friends alongside a rushing river and towering gums in the beautiful King Valley in northern Victoria.
I appreciate Vicki’s work, as it reminds me to think carefully, critically, and ethically, and to remember the value of networked communities. Tolerating uncertainty is a focus of some study I have been doing this year. I am finding it a challenge to stay present with others and hold a position of not knowing, but noticing that when I do, I too can be transformed.
In developing our new strategy for OTA, the Board has also been thinking about our role in steering a strategic direction amid uncertainty. This requires an ability to adapt, to listen carefully, and respond in a timely way to the emerging conditions that shape the context for our profession and our members. Members obviously play a vital role here as you are attuned to the conditions in your spheres of work, knowledge, and influence. The Association is always grateful for members drawing attention to these changing conditions.
OTA is a networked community. It aims to provide many opportunities to build our shared understanding of the conditions, and of the ways forward, through connections with other members and diverse perspectives, such as special interest groups, CPD events, roundtable
and hot topic discussions, and through conferences, forums, and exchanges.
Our ways forward might include collective advocacy, pooling knowledge or creating new knowledge through research, supporting the development of resources, and strengthening networks between and beyond members.
Keeping connected is a strategy that works for me in managing the uncertainty in my life. I recently spent time camping with great friends alongside a rushing river and towering gums in the beautiful King Valley in northern Victoria. Birdsong, time to think and laughs around a campfire. Connection to people I love, to nature, and time for breathing, slower thinking, and King Valley wine, was a soothing balm. I have also valued getting out of my bubble by connecting with some international OT association leaders, hearing how our professional and association issues are both similar and different.
I always look forward to catching up with other members at OTA’s upcoming events and networking functions and online forums, so please say hello if you see me at any of these events.
CEO’s Report
Samantha Hunter | OTA CEO
It must be the season for reflection! I am a person who loves the changing of seasons. Autumn in Melbourne is my favourite time of year. To me the changing of seasons is comforting, predictable, and a sign of the passage of time. However, as winter is showing us not all change is predictable or certain. And that is certainly the case with the proposed changes to the National Disability Insurance Scheme at the moment; and at OTA we understand the concern that the proposed unknowns, and some of the proposed knowns have created for both our members and participants of the Scheme.
What we are certain of is the need and ever-growing demand for occupational therapists. The funding schemes are set to change over time as is some of the context and settings in which OTs may practice, and practitioners and practices will need to be prepared to flex with the changing operating environments. What stands the profession in good stead is being solutions-focused and flexible. Our advocacy platform is based on ensuring occupational therapists are recognised and rewarded for the value that they provide, and that our systems and schemes enable the occupational therapy scope of practice to be fully realised.
As strong allies to the communities in which we live, practise and play we will continue to work in conjunction with consumer groups and other peak bodies to advocate for holistic and robust therapeutic and social services for all members of our community. We are stronger together, and our members and allies united amplifies our voice to politicians and signals to the wider public our commitment to equity, fairness and our value to the individuals and families we work with.
Between now and the middle of next year there will be intense activity at Occupational Therapy Australia focussing on reforms currently before the parliament as well as a sharp focus on the 2025 Federal Election.
There is no more important time to advocate than at a time of immense change and opportunity. The re-engagement of states and territories in service delivery, particularly around foundational supports, needs to be carefully considered and well executed if we are to see the full potential reached for our profession and those requiring foundational supports and early intervention.
There is no more important time to advocate than at a time of immense change and opportunity
We require all levels of government to work collaboratively to ensure that there is no duplication or increased burden of administration and registration burying therapists and providers in an inefficient mire of red tape. We will be asking you to be part of our election program in the coming months and be providing a clear call to action to ensure sustainable systems and schemes, with a sustainable, well recognised and respected occupational therapy workforce at its heart.
Supporting our recognition, and importantly supporting the profession are a suite of Capability Frameworks and foundational modules that will be rolling out over the next 12 months. Many members may already be familiar with the Mental Health Capability Framework and modules. We have extended this work into other areas of practice and members can find more information on the newly released Working With Older People (Aged Care) and Working with Children and Families (Paediatric) on our website. I would like to thank the many members and our OT team who participated in on our Expert Advisory Groups in the development of these frameworks.
The strategic focus on protecting and promoting the profession through a strong association continues to be core business for OTA, and to ensure we continue to have solid foundations for the future we have commenced our review of the constitution. As members we are relying on your interest and engagement on the proposed draft and I strongly encourage members to participate in the many member opportunities available as we work through the process of ensuring our governing documents are fit for the dynamic future of the association as we continue to grow in influence and impact.
OTA Governance Review 2024
During 2024, OTA is undertaking a significant Constitutional Review, followed by a new Board charter, Bylaws and Code of Conduct. We have engaged legal firm Governology to support the Constitutional Review process with the aim that it is presented to members at the November AGM 2024 for member vote.
What is the Constitution?
The Constitution is a guiding document that outlines the rules and process for how Occupational Therapy Australia (OTA) structures our governance; for example, the Board and committees, and importantly the eligibility for membership and members and their rights. The Constitution determines our financial and legal structures and ensures that OTA as an association maintains our compliance and legal obligations.
Why do we need to review the Constitution?
Our last Constitution was passed in 2016 – nearly eight years ago. A lot has changed
in that time, including legislation around associations, the association sector itself and the allied health sector, so it is good practice to review the Constitution to make sure it is supporting the association and meeting our needs now and into the future.
How can members be involved over the coming months?
During the coming months members will be provided a discussion paper that outlines the proposed changes and will be invited to register to attend an information webinar, submit questions and feedback for consideration during a consultation periods.
• Complete: July – Discussion Paper Consultation with members
• August – First draft circulated for member feedback
• October – Final version provided to Members
• November – Resolution is proposed Members vote at AGM
Our last Constitution was passed in 2016 – nearly eight years ago. A lot has changed in that time…
After the motion, the Bylaws will be finalised as well as a list of transitional rules that help map the change from old Constitution to new Constitution.
To stay informed visit our governance page at otaus.com.au/about/ governance or scan the QR code:
Quarterly Update – Member News
Policy, advocacy and representation: what we’ve been doing for members
Member Update – Policy and Advocacy
The policy and advocacy climate is one of very rapid change. The updates provided below are reflective from April to May. However, our latest updates are published online as they occur and can be accessed by scanning the QR code.
What we’ve been doing for members
Over the past three months the team has continued to advocate to further the interests of occupational therapists, with a particular focus on advancing issues that sit within our key strategic areas. The team would like to extend a grateful thanks to all the members that have supported these advocacy efforts, by sharing their experience and perspectives with us.
Disability
Just before Easter, Minister Bill Shorten tabled the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 in Federal Parliament.
This is the first tranche of legislative reforms that lay the foundation to give effect to some
OTA remains steadfast in our advocacy on NDIS pricing, particularly following the release of the NDIA 2024 Annual Pricing Review Final Report, which has maintained therapy support rates unchanged for the fifth consecutive year.
of the NDIS Review recommendations.
If the Bill is passed in its current form, many of the changes in the Bill will occur through the creation of new NDIS rules or legislative instruments. This will include changes to plans and assessments and the creation of pathways to enable early intervention. The Bill was referred to the Senate Community Affairs Legislation Committee and OTA made a submission in mid-May which is available on the OTA website.
Our submission raised concerns about the new needs assessment proposals, the early intervention pathway and the new ‘NDIS supports’, among other things. We will continue to engage with NDIA and Department of Social Services to ensure that allied health has a seat at the table in the implementation process.
There is more information about the Bill and its implications on the OTA website.
Mandatory NDIS registration for all providers is one of the recommendations made by the NDIS Independent Review, although this recommendation is not addressed in the current Bill. In February the Government announced the creation of the NDIS Provider and Worker Registration Taskforce to provide advice to government on a future NDIS Registration system. This is a key area of concern for OTA members, as, depending on how it is implemented, it could represent a significant administrative burden for OTs.
OTA has provided feedback on the design of a registration model for NDIS providers and workers and has been invited to sit on the Taskforce’s Provider Advisory Group. This is an important opportunity to work closely with key stakeholders to inform the policy approach for the new NDIS registration scheme. OTA has also attended a Taskforce Roundtable for the
Quarterly Update – Member News continued
Allied Health Sector in April, and made a submission to the Taskforce, calling for recognition of the AHPRA regulatory scheme and reduced regulatory burden for OTs under any new model. OTA’s submission was informed by more than 340 survey responses from OTA members.
In April OTA attended and presented at the NDIA National Mental Health Sector Reference Group, which is made up of consumers, carers, peak associations, NDIS Independent Advisory Council members and key government representatives. We took this opportunity to spotlight the important role of mental health OTs in the NDIS and raised concerns about some of the recommendations relating to psychosocial disability in the NDIS Review Independent Report.
Also in April, OTA made a submission to the NDIA Annual Pricing Review, which examined the fees that OTs can charge NDIS clients. For the first time, OTA provided a range of data insights about OTs, their financial viability, and the prices they charge. This information was sourced from a member survey that received over 500 responses. Our submission called for an increase to NDIS prices to keep them up to date with inflation with a fee increase of 18.6% for OTs. This is in response to the five-year price freeze for therapy supports which has resulted in OT remuneration going backwards due to the impacts of rapid inflation. OTA also called for the development of a pricing model that reflects the true cost of allied health service provision under the NDIS, to support rational, evidence-based pricing by the NDIA, and this highlighted many of the cost pressures that are impacting OT businesses.
OTA remains steadfast in our advocacy on NDIS pricing, particularly following the release of the NDIA 2024 Annual Pricing Review Final Report, which has maintained therapy support rates unchanged for the fifth consecutive year.
The NDIA plans to appoint an independent expert to review the NDIS pricing structure. This review will encompass an evaluation of current pricing methodologies and the creation of a pricing data strategy. We will be advocating vigorously on behalf of occupational therapists throughout this process.
In late March the Government announced the establishment of the NDIS Pricing Taskforce led by the NDIS Quality and Safeguards Commission, NDIA and ACCC, which will receive and investigate complaints from NDIS participants about pricing differentiation (i.e. charging NDIS participants more for the provision of goods and services than equivalents available in the general market). OTA sought clarification from the new taskforce on its remit and has received confirmation that this extends to both goods (products) and services. Read more about this here.
OTA also attended the National NDIS Review Conference held in March which was hosted by Communities of Practice in Canberra. We heard from key representatives outlining the foundational supports strategy and NDIS Provider and Worker Registration Taskforce. Later that month we attended the DSC NDIS conference in Sydney to connect with key attendees and hear from some of the leaders in the NDIS space including the incoming Disability Commissioner, the Ministers for NDIS and Social Services, academics and lived experience advocates.
In late April OTA hosted a free online member update to discuss key NDIS Review recommendations and the new NDIS legislation and impacts on the profession.
Scope of Practice Review
Commissioned by the Australian Government, the Independent Scope of Practice Review seeks to examine the barriers and incentives health practitioners face working to their full scope of practice
in the primary care system. OTA provided a substantial submission to inform the review in October 2023 and a response to the Review’s First Issues Paper in February 2024, which was prepared in consultation with AHPA and OTA’s Professional Standards committee. This submission called for OTs to be able to make direct referrals to specialists, for hand therapists to be able to order X-rays, and to enable better employer practices, technologies, and funding arrangements to promote multidisciplinary practice and enable OTs to be better utilised in primary health settings. We are now developing a further submission in response to the Review’s Second Issues Paper. OTA continues to participate in an AHPA led working group on primary health and scope of practice to develop advocacy priorities to promote better access to allied heath in the primary health system, including better funding arrangements and more streamlined access for clients, and further engagement with the Review.
Aged Care
In February OTA met with Senator Anne Ruston, who is the Shadow Minister for Health and Aged Care, to discuss OTA’s concerns around the erosion of allied health in residential aged care.
In early March a submission was prepared on the exposure draft of the new Aged Care Bill . Our submission seeks to ensure that amendments embed reablement through the provision of allied health services including OT, safeguard rights of individuals, support consumer choice as defined by best practice, and provide needs-based care through best practice assessments. OTA also provided input into AHPA’s submission, which was consistent with the content of the OTA submission.
In March, Minister Wells released the findings of the Aged Care Taskforce. The final report outlines recommendations for funding arrangements, including contributions
Foundational Supports – Psychosocial and Early Intervention
OTA has been engaging with the Federal Department of Social Services (DSS) on work to develop a Foundational Supports Strategy, which is a key recommendation of the NDIS Review designed to support new services outside the NDIS, including psychosocial and early childhood services. We are working to influence the strategy at an early stage to ensure that OTs are considered as part of core service delivery for any new services and programs. We worked with OTA members with specific expertise in psychosocial disability to develop messaging surrounding psychosocial supports that can meet the needs of people with complex mental health issues. We also held a roundtable with members working in the paediatric and early childhood area to discuss the implications of the Review recommendations and the proposed Bill to inform our conversations with the DSS regarding foundational supports in early childhood.
In April, OTA met with Gerry Naughtin and Kieran Halloran from the NDIA team focusing on psychosocial disability. We had a very productive discussion about the NDIA’s
from consumers. While there is some acknowledgement of allied health in the report as an element of clinical care, it is unclear if allied health will be fully funded in the new arrangements. OTA wrote to the Minister for Health and Aged Care to raise our concerns and seek assurance that OTs, and allied health more broadly, will be included as an essential element of the aged care system as identified by the Royal Commission. A recording of the presentation of the Taskforce is available on their website.
The Office of the Inspector General for Aged Care undertook a consultation to inform their Progress Report on Implementation of Aged Care Royal Commission Recommendations which is to be tabled in Parliament in July 2024. OTA contributed to AHPA’s submission to highlight the impact of reforms underway, as well as concerns we hold about the failure to adequately implement key recommendations of the Royal Commission.
approach to the Independent Review recommendations and NDIS Bill provisions that relate to psychosocial disability. NDIA has committed to continuing to engage with OTA on this fundamental reform.
The Office of the Inspector General for Aged Care was interested in hearing from consumers about any concerns or positive or negative outcomes of the reforms. OTA collaborated with the Australian Physiotherapy Association and Speech Pathology Australia to hold a roundtable discussion with consumers who use allied health as part of their aged care services, and clinicians working in aged care. The Inspector General, Ian Yates, and members of his team attended the session, providing them with a valuable opportunity to hear about the important role of allied health in aged care, and the impacts of recent reforms on the provision of these services.
Key issues raised by consumers and clinicians included:
• Timely Access to services
• Navigating the system
• Undervaluing of Allied Health services
• Safety in making complaints
• Appropriate care
• Inequity and inconsistencies between funding schemes
• Lack of referral pathways to Allied Health
• Poor outcomes
• Benefits of appropriate access
• Impact on families.
The Aged Care Quality and Safety Commission have released guidance materials for the implementation of the new Quality Standards, which went out for public consultation. OTA has provided a submission in response.
We particularly welcomed the detail available in some of the guidance material, notably Standard 5 – Clinical Care. However, we have identified several concerns, which could impact on compliance with the Standards, and achievement of high-quality care and support for older people using aged care services. We were particularly concerned that there is a lack of recognition
Quarterly Update – Member News continued
or identification of the importance of allied health professionals like occupational therapists in meeting assessed needs and supporting a person-centred, rights based and reablement approach to care and service provision, across the guidance materials.
OTA provided feedback to inform the Neuroscience Research Australia’s (NEURA) draft recommendations and good practice points from the Australian Falls Prevention Guidelines, which were prepared for the Australian Commission on Quality and Safety in Health Care. The Guidelines cover residential aged care, community care and hospital settings. We also recommended that the guidelines be parcelled up into a range of offerings, including recorded webinars, training modules and videos, to ensure that clinicians can embed them into practice. OTA also endorsed the Psychotropic Medicines in Cognitive Disability or Impairment Clinical Care Standard developed by the Australian Commission on Safety and Quality in Healthcare. Thank you to OTA’s Aged Care Reference Group for their work on this.
Veterans
OTA has engaged with the consultants leading an evaluation of the Coordinated Veterans Care Program. The program is based on a care team and aims to improve the health and wellbeing of participants through the management of chronic conditions. OTA engaged with members who work in the DVA space to provide feedback on the role of OTs in delivering care coordination to DVA clients and systemic barriers to multidisciplinary care coordination.
OTs in Schools
OTA is aware of the increasing challenges faced by members practicing in this area. In March, OTA’s CEO Samantha Hunter wrote
an opinion piece on the subject, published in the The Educator Australia, and spoke with ABC radio in response to an article about access fees at Queensland public schools blocking OTs from seeing students.
We’ve provided submissions to inquiries occurring in NSW and South Australia. Our submission to the ‘Inquiry into equity, accessibility and appropriate delivery of outpatient and community mental health care in NSW’ is available here. The committee conducting the inquiry in South Australia, entitled ‘Petition No 96 of 2021 Funding for children & students with additional learning needs in public schools & preschools’, recently released its final recommendations, which included a call for the Department for Education to ensure all South Australian government schools have adequate numbers of occupational therapists to provide timely student supports and assist in developing and coordinating whole of school, evidencebased learning support programs. The recommendations have been referred to the South Australian Minister for Education for response. We will be monitoring the progress of this issue and providing additional feedback when opportunities arise. Members can read OTA’s submission’s website.
Compensation schemes
The Western Australia Workers Compensation Fees Order, which was recently published in the Government Gazette, comes into effect from 1 July 2024. These changes are the result of amendments to regulations and administrative instruments aimed at facilitating the implementation of the new Workers Compensation and Injury Management Act 2023.
OTA fought ardently against proposals that would have had significant implications for OTs, particularly concerning the substantial reduction of fees for consultations over an hour. The proposal was for the reduction
in fees for occupational therapists for consultations above 60 minutes to decrease from a flat rate of $219.25 to a flat rate of $164.50 for consultations over 45 minutes.
OTA provided feedback on proposed amendments to the regulations and administrative instruments. In addition to our submission, we wrote to the Hon Simone McGurk MLA Minister for Training and Workforce Development, to express our concern about these proposals. Our efforts in this area were successful; despite proposals that would have seen a significant reduction in OT fees for longer consultations, the current rate will remain, with no reduction in OT fees for consultations over one hour. Unfortunately, two of the proposals opposed by OTA have gone through. A lower travel fee has been implemented – previously OTs could bill $219 per hour, and they can now only charge $177.35 per hour. A flat fee of $111 for reports has also been introduced. OTA advocated that OTs be allowed to bill for reports at their standard hourly rate.
We noted the passing of the WorkCover Scheme Modernisation Bill , which saw amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 that took effect on 31 March. The main changes to the scheme were new eligibility tests for mental injury claims (excluding stress and burnout as a basis for claims) and an additional requirement for workers to continue to receive weekly payments after the 130-week second entitlement period. The legislation also establishes a new agency called ‘Return-to-Work Victoria’ which will pilot supports for injured Victorians and those experiencing work-related mental stress to return to work or training.
While mental health OTs are formally recognised as providers under the scheme, we do not anticipate that these changes will affect OTs working in the Victorian workers compensation scheme. Once the Returnto-Work agency has been established, OTA will be using this avenue to advocate for
changes that we believe will benefit OTs and reduce red tape, including advocating to allow OTs to issue certificates of capacity. More information about the changes are available on WorkSafe Victoria’s website.
OTA attended stakeholder roundtables to inform amendments to Queensland’s Workers Compensation and Rehabilitation Act 2003, following outcomes of the 2023 review of the operation of the Queensland workers compensation scheme. We advocated for changes that will allow occupational therapists to issue subsequent certificates of capacity.
We also provided feedback to inform Return-to-Work South Australia’s annual fee schedule review, in which we supported the proposed 6% increase and
called for an increase in fees for travel fees, mental health OT fees, the time providers can bill for assessments and reports and fees for specialist reports.
Other state-based issues
OTA wrote to all major parties ahead of the Tasmanian election to highlight the vital role of OTs in the healthcare system, particularly in the context of cost reduction and capacity building. We raised several issues, including hospital ramping, effective resource allocation to allied health, and the need to integrate allied health interventions into education and community settings. We called for increased government support for paid student placements and initiatives that will bolster the supply of occupational
Introducing Professional Monitoring by LiveLife Alarms
therapists. We will continue to pursue these issues.
We provided feedback to inform Queensland Health’s Mental Health Community Support Services – Psychosocial Supports Consultation and called for more scope for OTs to deliver services.
We will continue to keep members updated on our work in, and changes within, the policy and advocacy space. For the latest updates scan the QR code.
Successful launch of the Early Career Community of Practice!
OTA has established an Early Career Community of Practice (EC CoP) which has attracted over 100 members in its first month. The CoP contributes to recommendations arising from the OTA Workforce Development Project, which investigated the challenges and opportunities that the Australian occupational therapy workforce is facing. The project developed a Workforce Development Plan with clear actions for OTA to support the workforce over the next 3-5 years.
The Early Career Community of Practice (EC CoP) is targeted at OTs who are 0-5years post-graduation. Central to the success of the CoP is its co-design with early career OTs, offering valuable perspectives and ensuring that the platform addresses their unique needs and aspirations.
Members of the Early Career Community of Practice have access to:
• Free live online sessions led by other early career OTs
• An online chat forum where they can ask any questions, share resources, and connect with other early career OTs
• Email updates with information and resources for early career OTs.
“…despite their varied backgrounds and circumstances, early career OTs are united by common challenges and aspirations”
The inaugural live online session of the CoP was held on Wednesday 1st May. Hosted by the EC CoP’s early career working group, and supported by OTA staff, the event showcased an engaging and interactive panel discussion that left attendees inspired and motivated to collaborate and support each other to navigate their early career pathways with confidence.
Throughout the first live session, there were high levels of attendee interaction, setting a promising tone for the EC CoP’s future endeavours. A highlight of the event was a compelling panel discussion featuring several early career OTs. Their insights, experiences, vulnerability, and personal anecdotes resonated deeply with attendees.
A key takeaway from the live session was the realisation that, despite their varied backgrounds and circumstances, early career OTs are united by common challenges and aspirations. Themes such as burnout and continued professional development emerged as main points of discussion. Moving forward, these insights will inform the development of resources and support initiatives within the CoP and will feed into OTA’s work with early career OTs more broadly.
From here we hope to continue to build the size of the community. And planning is now underway for a second live session in August.
If you or someone you know is interested in joining the Early Career Community of Practice, register online today and connect with your early career OT peers.
“Love the webinar, very useful information!” – Attendee
Early Career Community of Practice Working Group Members
WFOT Update
Adam Lo OAM WFOT Delegate for Occupational Therapy Australia & Secretary of the Asia Pacific Occupational Therapy Regional Group
A Reflection of the WFOT Council Meeting in Bermuda
The 36th biennial Council Meeting of the World Federation of Occupational Therapists (WFOT) was held in Hamilton, Bermuda from 29 February to 3 March 2024. This was my final council meeting as the Delegate for Occupational Therapy Australia (OTA). I always saw it as an incredible honour to represent fellow Australian occupational therapists and members of OTA on the global stage. The strong relationships formed over the years with our occupational therapy counterparts from the various regions of the world will stay with me for a long time to come.
Later this year, at the OTA Annual General Meeting (AGM), I will be handing over the baton to Associate Professor Emma George, the current 1st Alternate Delegate, who will take over the driver’s seat in the Delegate role. I will then be moving into the backseat as the 2nd Alternate Delegate, working in the background but still having the opportunity to participate in and contribute to WFOT activities and affairs. Emma possesses strong transcultural knowledge and experience which will no doubt be translated into her capacity to effectively engage in international occupational therapy diplomacy. Emma has already established strong relationships with the international occupational therapy community Professor.
Lynette MacKenzie, OTA’s current 2nd Alternate Delegate to the WFOT and an Executive Management Team member of the WFOT, attended the council meeting with me.
Bermuda is probably one of the furthest places to travel to from Australia, being over 16,365km away, on the other side of the world in the northern hemisphere and surrounded by the vast waters of the Atlantic Ocean. It is place of beauty with its unique history and culture, not to mention a chance to personally experience the childhood legends of the mysterious ‘Bermuda Triangle’.
With only about thirty registered occupational therapists in Bermuda, the visit of the WFOT Council provided an invaluable opportunity to raise awareness and to advocate for the recognition and expansion of the occupational therapy profession to meet the healthcare needs of their local population. Our WFOT Executive
Management Team was engaged in a series of meetings with the Bermuda Occupational Therapy Association and the Bermudian government to discuss the development of a comprehensive workforce strategy for occupational therapy on the island.
I was thrilled to have met a number of the occupational therapists who work in Bermuda, particularly the chair of the Bermuda Occupational Therapy Association (BOTA), Waletté Cross, and the Vice Chair and WFOT Delegate of BOTA, Dr. Pashé DouglasSampson. They were wonderful hosts to all visiting delegates from around the world.
As always, the Council Meeting was jampacked with agenda items, focus groups, a site visit to Windreach Bermuda,
With only about thirty registered occupational therapists in Bermuda, the visit of the WFOT Council provided an invaluable opportunity to raise awareness and to advocate for the recognition and expansion of the occupational therapy profession…
(a non-profit organisation supporting individuals with diverse support needs that includes a therapeutic riding centre), discussions, and casting of votes. Botswana and Kuwait were welcomed as the newest full members of the WFOT, and Algeria and Uruguay as new associate members. The various outcomes of the meeting also included approval of new Statutes in the WFOT constitution to modernise its governance, a new strategic plan for 2024-2030, and the endorsement of new position statements. This included the position statement on Occupational Therapy and Disaster Management, as well as Occupational Therapy and Primary Care. Position statements present the official stance of WFOT on a substantive issue or subject and serve as an important advocacy tool for the profession.
The WFOT continues to plan for implementing the Global Occupational Therapy Workforce Strategy, including engagement of Member Organisations and other relevant stakeholder groups. This is significant to OTA, having commissioned a significant workforce development project in 2023 which formulated a workforce development plan and identified several key priorities in partnership with the occupational therapy profession to be actioned over the next 3-5 years.
At the meeting, I also raised the issue, on behalf of several OTA members, on the rationale and pressing issues associated
with the revision of the 2016 ‘Minimum Standards for the Education of Occupational Therapists’. This included the need to explore innovative and contemporary ways to deliver practice education for students and a review of the current ‘1000-hour’ approach. In order to meet the needs of all member nations and organisations, this revision, which will be ratified at the next Council Meeting, requires the groundwork to happen now. Australia and New Zealand have volunteered to take the lead in this area and will be liaising with interested parties across the WFOT in due course.
A number of WFOT award recipients were announced at the Council Meeting. Dr. Kit Sinclair was the recipient of a WFOT Merit Award in recognition of her long-standing work as editor of the WFOT Bulletin (2008 – 2023), in addition to her ongoing contributions to the occupational therapy profession regarding disaster preparedness and response. Dr. Jana Casson was the recipient of the WFOT Leadership and Innovation Award as an early pioneer of telehealth in occupational therapy and continuing commitment for its advancement in the profession. Dr. Moses Ikiugu was a second recipient of the WFOT Leadership and Innovation Award, recognised for his leading work on the environment and sustainability in occupational therapy as a scholar, educator, and mentor. The recipients of the 2024 Thelma Cardell Foundation Award for Research went to Armineh Babikian, Yani Hamdani, Janet
Parsons, and Garry Aslanyan with their project ‘Leave No One Behind: Centering People with Disabilities in Armenian Occupational Therapy Development’. Several Australian occupational therapists have previously received these awards, and I hope there will be more in the near future.
Members of the Asia Pacific Occupational Therapy Regional Group (APOTRG) had the largest contingent of attendees at the Council Meeting in comparison with other regional groups. An APOTRG meeting was held during one of the lunch periods, and it was a wonderful opportunity to catch up and meet other member representatives and delegates of our surrounding regions. The next big thing on the calendar for the APOTRG would be the quadrennial congress to be held in Sapporo, Japan, in November 2024.
On a lighter note, one of the New Zealand Delegates, Dan Johnson, and I decided to live up to the motto of ‘when in Rome, do as the Romans do’ and spotted the uniquely Bermudian men’s style of wearing Bermudas (shortened trousers) with suits. Actually, it was more of an attempt with whatever clothes we had in our suitcases rather than an actual spotting of the style. However, the locals were impressed with our courage to try, but most probably were too kind to tell us that we failed to meet the mark.
Looking into the future, the next WFOT Congress and Council Meeting will be held in 2026 in Bangkok, Thailand.
WFOT Update – continued
The WFOT Congress Scientific Programme Committee, once again led by Australian academic, Professor Elspeth Froude, will be responsible for the planning, development, and management of the scientific program for the Congress. Members of the Committee are appointed to reflect the diversity of the WFOT community, with representation from different geographical regions. I look forward to being there, in the backseat, supporting Emma in her role as the Delegate. Nevertheless, there is a lot to do between now and then, so I’d better get on with it.
For more information email adam.lo@griffith.edu.au.
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AOTJ Update
Louise Gustafsson (Editor-in-Chief, Australian Occupational Therapy Journal)
The Intersect between Policy and Practice
The 2024 special issue of the Australian Occupational Therapy Journal (AOTJ) addresses the intersect between public policy and occupational therapy practice. The editorial in this issue (Volume 71, Issue 3) explores the critical role of leadership, responsiveness to societal trends, issues and needs, and future-focussed thinking for policy advocacy in occupational therapy. We are reminded that as the profile of occupational therapy continues to grow “there is an imperative for a tailored proactive approach to policy across the breadth and depth of occupational therapy” (Murray et al., 2024). The responsibility for policy advocacy is shared and all occupational therapists are encouraged to be politically aware and action oriented. In this Connections article, I overview the manuscripts included in the special issue with topics ranging from planetary health through to aged care reform.
Firstly, a Letter to the Editor (Chu, Bye et al., 2024) champions for enabling government policy to support the development of innovative assistive technologies for people with disability. It is recommended that policy should better promote (1) the development of innovative and highly personalised assistive technology solutions, and (2) confidence that these technological solutions are within the scope of funding from disability agencies and schemes.
Carra and colleagues (2024) surveyed occupational therapists about the services provided to former Australian Defence Force members. They found that practices are predominantly related to physical conditions and advocate for changes to policy and practice to better meet the diverse and complex needs of military veterans.
A scoping review of disability and support services for people from cultural
Three key learnings are shared to support occupational therapy to engage in authentic, decolonised consultation. These include: (1) Decolonisation is an ongoing process (2) Honour what is shared (3) Indigenous leadership is essential
and linguistically diverse backgrounds (Chu, Pho et al., 2024) reports unmet needs and inequities within the existing landscape. They call for further research and a review of disability policy through an intersectionality lens to ensure that inequities are addressed, and services are delivered in a manner that better meets the diverse needs of the culturally and linguistically diverse communities.
Isbel and Gibson (2024) identified, from an analysis of publicly available data, that there has been an increase in personal and nursing care time provided to older adults living in residential aged care across the 2022/2023 financial year. They argue that the incentivisation of financial resources towards mandated minutes for personal and nursing care within the recent aged care reforms has had unintended consequences with a corresponding reduction in allied health service time. It is suggested that there should be revisions to include mandated minutes of allied health services, thereby incentivising allied health services and reversing this trend.
George and colleagues (2024) drew on decolonising research methodology and conducted comparative case studies to investigate the implementation of “Closing the Gap” policies in two regions in South Australia. The aim was to unpack the context and challenges of consultation in policy implementation.
Three key learnings are shared to support occupational therapy to engage in authentic, decolonised consultation. These include: (1) Decolonisation is an ongoing process (2) Honour what is shared (3) Indigenous leadership is essential.
Finally, a bibliometric analysis by Eustachio and colleagues (2024) explored the role of occupational therapy and physiotherapy in addressing planetary health challenges. The results identify four major research avenues: (1) enhancing patient care and quality; (2) integrating sustainability in health care and rehabilitation; (3) professional development
and clinical competence; and (4) evidencebased practice and quality improvement. The authors include recommendations to support the integration of sustainability at every level of practice and highlight how best practice occupational therapy can contribute to the achievement of 8 of the 17 United Nation’s Sustainable Development Goals.
The articles included within the special issue highlight the importance of sociopolitical awareness for occupational therapists and the important role that we all play in the review and promotion of policy that maximises the potential
of the profession and occupational performance and engagement of the people who access our services.
References
References for this article can be viewed online – scan the QR code:
Photo:
© Getty Images/Everyday better to do everything you love
Best Practice Supervision
Michelle Bihary
As Occupational Therapists, we tirelessly support our clients, colleagues, and services. In this context, the significance of effective and nurturing professional and clinical supervision cannot be overstated.
Best practice supervision
Best practice supervision should be a cornerstone for learning and development, a sanctuary for professional growth and reflection. Yet, recent research reveals a concerning trend: a notable percentage of us have reported experiencing toxic supervisory practices.
We recently surveyed 200 allied health supervisors to shed light on their experiences of supervision. 74% of respondents disclosed that they, or a colleague, had been subjected to toxic experiences. This is a clear indication that the supervisory culture in allied health needs urgent improvement.
What defines toxic supervision?
Toxic supervision is characterised by experiences where professionals feel psychologically unsafe, feel judged, shamed, or belittled, in ways that undermine their professional identity and self-worth. This can manifest through criticism, lack of empathy, and a failure to provide constructive feedback. Such an environment not only stifles professional growth but can lead to significant emotional distress and even create learning trauma. It’s the antithesis of what supervision should promote which is an oasis for learning, growth, and support.
From benign to transformative: a spectrum of supervisory experiences
Over many years, we have seen the
spectrum of supervisory experiences varying, from toxic and benign to positive and transformative.
Benign supervision is more of a ‘tick-the-box’ exercise, than a genuine program designed to cultivate learning and build workplace capacity. Benign supervision is often an informal chat or a cursory run through a supervisee’s caseload, but it is not engaging, positively impactful or focussed on learning.
Positive supervision is focussed on learning and skill development. The supervisor provides relevant information and resources to help the supervisee grow
It’s crucial to acknowledge that investing in best practice supervision isn’t just an option; it’s an imperative. We must commit to fostering supervisory relationships that empower, nurture, and respect.
in their clinical and professional practice. The learning in positive supervision may lean more towards reactive learning and less towards reflective and proactive learning. This means it may fall short of being as powerful an influence in engagement, career development and building longer term workforce capacity.
Transformative supervision, the pinnacle of supervisory practices, is defined by mutual respect, high quality learning, psychologically safety, clear
expectations, and the facilitation of significant professional and personal growth. It creates a thriving environment where supervisors and supervisees collaborate towards common learning goals, fostering a culture of reflection, continual learning, and self-improvement.
The
cost
of toxicity
The repercussions of toxic supervision extend beyond the immediate supervisorsupervisee relationship. It can erode job satisfaction, increase turnover, and
Best Practice Supervision – continued
degrade client care. More broadly, it can tarnish the reputation of organisations and the health and community sector at large. For a workforce dedicated to promoting health and wellbeing, being subjected to toxic behaviours is paradoxical and profoundly unjust.
What is happening in your workplace?
As we reflect on the different supervision experiences, what is happening in your own workplace?
• Is supervisory practice in your workplace informed and aligned with best practice, research, and evidence?
• What would be the experience of supervisees in your workplace?
• Transformative? Positive? Benign? Toxic?
• Is your workplace supervision friendly?
It’s crucial to acknowledge that investing in best practice supervision isn’t just an option; it’s an imperative. We must commit to fostering supervisory relationships that empower, nurture, and respect.
Five critical elements for supporting best practice supervision
Let’s explore five critical elements essential for aspiring to transformative supervision in the workplace.
Organisational commitment to supervision
An unwavering organisational commitment to supervision is the bedrock of best practice supervision. This commitment transcends lip service; it’s about actionable support and recognition of supervision as a strategic priority.
When an organisation embeds supervision into its core values, allocates resources, and sets structured processes for regular, quality supervision, it communicates a clear message: the growth and development of each employee is crucial to the success
of the entire service. This foundational commitment sets the tone for a workplace where continuous improvement is not just encouraged but expected.
‘Open to learning’ employees
Transformative supervision thrives in an environment where employees are lifelong learners, hungry for learning and development. It is impossible to work as Occupational Therapist without continuous growth and development, emerging evidence, clinical and practice wisdom should be shaping and enhancing our skills and insights.
Lifelong learners approach their roles with curiosity and a willingness to stretch beyond their comfort zones. They actively seek feedback, not as
a formality, but as a genuine tool for professional and personal development.
By fostering a workforce that sees lifelong learning as a journey rather than a destination, organisations can cultivate a dynamic and adaptable team capable of meeting the evolving needs and challenges of the healthcare landscape.
Supervision training
Effective supervision doesn’t happen by accident; it’s a skill honed through targeted skill development and training. Most of us start supervising before we’ve completed relevant training. We would never expect a professional to engage in any other workplace activity without training – why do we do this for supervision?
By investing in high-calibre supervision training, for both supervisors and supervisees organisations equip everyone with the tools needed to participate positively in the learning experience.
Training should be evidence based, reference best practice guidelines set out by OT Australia and the state-based health organisations. It should be comprehensive and encompass many key elements including frameworks and structure for transformative supervision, the architecture of learning goals, going beyond reactive learning goals, learning styles and stages of learning, how to build a psychologically safe learning relationship, how to delineate between supervision and other workplace relationships like line management, feedback delivery, troubleshooting, and the tailored application of adult learning principles.
This investment pays dividends in the form of skilled supervisees who can drive their own learning and skilled and insightful supervisors who understand how to support their supervisees towards clinical and professional excellence.
Psychologically safe learning culture
A psychologically safe learning culture is one where employees feel secure in sharing ideas, asking questions, and expressing concerns without fear of shame, judgement, humiliation, or retribution. In such a workplace culture, supervision is a core part of many learning conversations, where all staff can be active learners, rather than believing they must armour up, fearing making a mistake or not knowing something.
When the workplace is psychologically safe, it is effortless for supervisees and supervisors to enter supervision ready for dialogue, reflection, and mutual learning, where they can engage deeply, take considered risks, and then contribute to an innovative and resilient workplace.
Adult learning principles
Adult learning principles acknowledge that adults bring a wealth of experience and self-direction to the learning process. Supervision, therefore, must be collaborative, practical, and relevant to the supervisee’s work.
By incorporating these principles, supervisors respect the autonomy and maturity of their staff, fostering an environment where learning is both self-directed and guided by the expertise of the supervisor. The application of adult learning principles ensures that supervision is not a one-size-fits-all approach but a tailored and curated journey that recognises and leverages the unique strengths and needs of each employee.
By embedding these elements into the fabric of the organisation, workplaces can aspire to and achieve transformative supervision. This approach not only nurtures the wellbeing and growth of the workforce but also enhances the quality of care provided to clients, ultimately leading to a more efficient and compassionate healthcare system.
Conclusion
As Occupational Therapists, our journey towards supporting others should never be marred by toxic supervisory experiences. The data speaks loudly—the time for change is now. Let’s commit to a future where supervisory practices are not merely benign but transformative, creating environments where our precious workforce can truly thrive.
By investing in best practice supervision, we not only enhance the wellbeing of our workforce but also improve the quality of care provided to those they serve. Together, let’s make a dedicated effort to eradicate toxicity and champion a culture of respect and growth in all supervisory relationships.
About the Author
Michelle Bihary is a mental health Occupational Therapist with over 35 years’ experience working, supervising and leading within public mental health and her own practice. Renowned for her Professional and Clinical Supervision training, she draws on theoretically and research-informed principles to ensure that supervision is aligned with best practice.
You can find more about OTA’s Professional Supervision Program here.
You can enrol in Michelle’s course in September here.
Continuing the Neurodiversity Affirming Practice conversation
Roseanne Holliday
At OT Exchange 2022, I presented “Neurodiverse Affirming Occupational Therapy Practice Framework ….. Starting the Conversation…..” and was awarded the Innovation Award. Soon afterwards, the OTA – Neurodivergent Affirming OT Practice Special Interest Group was established with Janine Langley as Convenor and a group of volunteers helping to steer the group. In the two years that have followed, growing interest has been expressed by many regarding what it means to be neurodiversity affirming. Each of the OTA Special Interest Group meetings has had more than 100 people register to attend.
Angus Buchanan’s “Evidence Based Practice and the Lived Experience” (Connections Spring 2023) and Micah Perez’s “A Call to Action, To Be Critically Reflective of Ourselves and Our Practice” (OT Connections Summer 2023) have prompted me as a late diagnosed Autistic woman and occupational therapist to speak up again.
There is an ongoing need to continue the Neurodiversity Affirming Practice conversation and make significant shifts in the practice of occupational therapy here in Australia. This has implications and will impact your development and delivery of services whether you are working in paediatrics, physical rehabilitation, mental health, aged care services, occupational rehabilitation, gender services, homelessness services, medico-legal, disability services, hospitals, community health, private practice, education or other fields.
The recent release of the draft National Autism Strategy highlighted Australian Autistic people are experiencing significant societal attitudinal, behavioural and structural barriers that are impacting
their independence, inclusion and selfdetermination. Lived experience Autistic community are calling for strengths-based and neurodiversity affirming practice to become the norm across the whole of society rather than the exception, to enable Autistic people full participation and inclusion in society. To ensure Autistic peoples thrive rather than just survive, the draft National Autism Strategy highlights that there will need to be systems and supports in place “to provide for basic needs, to ensure access to health and mental health services to stay well and equal opportunities for Autistic people: to participate in society, access housing, access justice services and thrive in education and employment”. This has implications in relation to all occupational therapy services, workplaces, education and research.
Instead of seeking ways to make neurodivergent people, especially Autistic people to “fit in” and conform to a neurotypical world, a change in Australian society’s perspectives and especially in our occupational therapy profession’s views regarding Autistic people and other neurominorities is urgently required. Neurodivergent adults, especially Autistic adults, should be considered as valuable informants of their perspectives and experiences regarding their personal values, needs and experiences in occupational therapy. By listening to neurodivergent adults regarding their lived experiences and their interactions with health, education and community services we may gain a better understanding and insight into how to better serve our clients. Recently, Autistic adults have identified they want occupational therapy for autistic children and adolescents to supports their neurodivergent identity, promote participation through addressing
environmental and occupational barriers and focus on developing self-advocacy skills and autonomy (Sterman et al. 2022).
Kristie Patten’s 2022 Eleanor Clark Slagle lecture, “Finding our Strengths: Recognising Professional Bias and Interrogating Systems” proposed that our occupational therapy practice “may be getting it wrong today but is also perpetuating systems that prevent us from getting it right tomorrow”.
Imagine a world where everyone around you focused on improving your weaknesses, every single day. That is the community we created for many of our autistic students. (Patten, 2022)
Patten’s key message was that “no one builds their life on remediated weaknesses”. Being courageous, vulnerable and curious, Patten (2022) identified that by listening to Autistic people, she realised that her previous therapeutic behaviourally-based approaches focusing on remediating deficits, though well intentioned, were wrong as they only gave lip-service to a person’s strengths.
We study lack of empathy in Autistic individuals without examining our own lack of empathy toward the autistic way of being. (Patten, 2022).
Throughout the 2022 Eleanor Clarke Slagle, Patten challenged occupational therapists to ask the following questions of themselves and our profession, just as she and others have started to do of themselves:
• Who does a deficit-based approach benefit?
• Does our focus on deficits maximise health, well-being, and quality of life?
• Do our current models of practice
support flourishing?
• Does our intense focus on individual independence turn our attention away from solutions that facilitate fuller participation?
• If this is not independent by our standards, how quickly do we attribute his failures to a lack of motivation or, even worse, failure to comply, rather than considering how a lack of resources, opportunities, and environmental barriers contribute to his performance?
• By writing goals for “normal behavior,” are we maximising health and wellbeing? Or are we telling individuals that to be successful, you have to be more like others, to mask your true self?
• Are we demanding conformity? When we remove demands for individuals to mask or cover their authentic selves, what choice and autonomy and life does that open up?
• Can we challenge intervention and research that support this type of “coerced covering”?
• What is the price of admission for inclusion? What systems demand normalisation, compliance, covering, and masking versus authenticity?
• What is a day like for nonspeaking Autistic students in a self-contained classroom where staff, including OT practitioners, may not presume competence?
• What is it like to fully understand what is being said to you without a means of expression?
• What is it like to have a full day with a wide range of emotions and
experience potentially reduced to “He did not listen when it was time to come inside from recess”?
• A sensory toy may be helpful, but does it impact a very lowfunctioning environment?
• How can we acknowledge the challenges while seeing a person’s capacity and brilliance?
• How can we truly embrace a strengths-based lens?
• Whose voices do we include as we think about effective solutions?
• Do we view disability, gender, race, sexual identity, and class as multiplying factors that discriminate against historically marginalised groups?
• Do we acknowledge that these intersections create overlapping barriers to access and independence?
• Are we an inclusive profession?
• What biases do we bring to our work?
• What have I gotten wrong and how do I know?
• What are the current limitations of what I currently know? Who do I know it from?
• What voices inform our practice, education and research?
• Does OT education actually reinforce ableist attitudes?
• What happens when new practitioners enter the profession with the preconceived notion that disability is negative, or something to be fixed, with their expertise?
• Are we curious about what Autistic researchers would say about OT research?
By listening to neurodivergent adults regarding their lived experiences and their interactions with health, education and community services we may gain a better understanding and insight into how to better serve our clients.
• Can we design research that highlights the abilities and strengths of not only the individual but characteristics of high-functioning environments? Can we look at the findings through a strengths-based lens?
I would like to encourage all OTs to take the time to read Kristie’s Patten’s Eleanor Clarke Slagle lecture ( https:// doi.org/10.5014/ajot.2022.076603 ), then reflect on what small and big steps can be taken in the next 12 months to shift our practices, education and research to being more neurodiverse affirming.
One starting point will be to listen to neurodivergent voices, especially the Autistic community and Autistic activists, who are calling us to do better by involving them in the co-design process in the development and delivery of OT services as well as Autistic researchers being involved in OT research. It will require us to be curious, vulnerable and open to criticism of our past practices. We need to be willing to admit that some of our practices and approaches, though well-intentioned, have been wrong and be prepared to explore new ways of doing, being, becoming and belonging.
About the Author
Roseanne Holliday, late diagnosed Autistic woman and recently retired OT due to increased carer responsibilities. She is continuing active involvement in OTA – Neurodivergent Affirming OT Practice SIG, Autistic women’s support groups and disability advocacy, as well as her creative arts and writing projects.
References
References for this article can be viewed online – scan the QR code:
Workplace Relations & Employment Hotspot:
Minimum Entitlements & Working Arrangements
WorkPlacePLUS
When engaging staff in your occupational therapy practice, it is important to ensure you are paying employees their minimum entitlements. The penalties for underpaying employees have never been higher.
Effective 1 January 20251 under the Closing Loopholes Act, new maximum penalties will apply for certain contraventions associated with underpayments, and intentional underpayment of wages by employers will become a criminal offence.
This article provides occupational therapists with a broad overview of minimum employment entitlements, and alerts practice owners and sole traders to some recent legislative updates impacting their obligations.
Minimum entitlements
The National Employment Standards (NES) make up the minimum entitlements for employees in Australia. Other workplace instruments such as an employment contract, enterprise agreement or awards can’t provide less than the NES.
The minimum entitlements of the NES are:
• Maximum weekly hours
• Requests for flexible working arrangements
• Offers and requests to convert from casual to permanent employment
• Parental leave and related entitlements
• Annual leave
• Personal/carer’s leave and compassionate leave
• Paid family and domestic violence leave
• Community service leave
• Long service leave
• Public holidays
• Superannuation contributions
• Notice of termination and redundancy pay
• Fair Work Information Statement (the FWIS) and Casual Employment Information Statement (the CEIS).
An employee’s minimum pay rate can come from an award, registered agreement or the national minimum wage. Employees have the right to be paid for all the hours they work including time spent training, in meetings or doing a trial shift.
An award is a legal document that contains the minimum terms and conditions of employment and covers specific industries and occupations. An occupational therapist in a private practice is covered by the Health Professionals and Support Services (HPSS) Award (2020). Occupational therapists must be paid at least the pay rates and entitlements set forth in the HPSS Award.
Working arrangements
“Working arrangements” refers to the approved or agreed upon employeremployee relationship, particularly around the patterns and design of work hours and how work is performed.
It’s important to have a clear understanding of the working arrangements in your practice and to be able to clearly communicate (and in some cases negotiate) these with your staff. For example:
• Is this an employee or independent contractor arrangement?
• Is the position casual or permanent? Part-time or full-time?
• What leave and entitlements are provided?
• What flexible working arrangements are available?
• Who supplies tools and equipment?
• Who is responsible for insurance and matters of work, health and safety?
If your occupational therapy practice engages independent contractors, it is important to review the arrangements regularly to ensure you are paying your workers their lawful entitlements.
• An employee works in your business and is part of your businessAn independent contractor effectively runs their own business and operates under their own business name
• Independent contractors are responsible for their own business compliance, do not receive paid leave
It’s important to have a clear understanding of the working arrangements in your practice and to be able to clearly communicate these with your staff.
and can be legally liable for the work performed under their contract.
To learn more, read Contractor or Employee?
The Closing Loopholes Act 2024 has redefined employers’ obligation to disprove sham contracting. Effective 27 February 2024, employers who have incorrectly classified an employee as an independent contractor may be penalised for sham contracting, unless they can show that they “reasonably believed” the contract of employment was a contract for services.
In addition, effective no later than 26 August 2024, independent contractors will have the right to challenge unfair contracts. There will be minimum standards for ‘employeelike’ workers, and independent contractors who earn less than the contractor high income threshold, including employee-like workers, will be able to apply to the Fair Work Commission (FWC) if they think their services contract contains unfair terms.
The Closing Loopholes Act 2024 also impacts casual employment. Effective 26 August 2024, there will be new clearer definitions of employee and employer under the Fair Work Act. The new definition says an employee is a casual only if:
• there isn’t a firm advance commitment to continuing and indefinite work, factoring in the real substance, practical reality and true nature of the employment relationship, and
• the employee is entitled to be paid a casual loading or a specific pay rate for casuals.
Under the NES, casual employees are entitled to:
• access to a “casual conversion” pathway to become a permanent employee
• 2 days unpaid carer’s leave per occasion
• 2 days compassionate leave per occasion
• 10 days paid family and domestic violence leave per year
• unpaid community service leave
• request flexible working arrangements and take unpaid parental leave if they meet certain criteria.
Casual employees are also entitled to a minimum number of hours per shift.
Important considerations:
• Minimum pay rates under awards are reviewed annually by the FWC. Update your payroll system and employment contracts at the beginning of each new financial year to reflect the increases in wages and superannuation announced by the FWC’s annual wage review
• Always refer to the newest pay guide and seek guidance from an experienced employment and industrial relations professional when interpreting an award
• You must ensure you are classifying and paying staff correctly. When wages are increased, allowances may need to be increased accordingly. Failing to pay the correct allowances will effectively result in the unlawful underpaying of staff
• Rates in awards do not include superannuation. Private practice owners must ensure they are paying their staff the correct entitlements, including the correct superannuation contributions
• The HPSS Award covers both occupational therapists and allied health assistants (AHAs) and outlines the minimum pay requirement. You can choose to pay staff above the minimum Award rate
• If you are an employee, you should check to make sure you are receiving at least the minimum allowances and entitlements
• If you are an independent contractor, you are responsible for setting your own fees for the services you provide
• Some casual employees do not want
to convert to full time or part time, even if they meet the criteria. It is advisable to maintain written records of your conversion offer and the employee’s choice to remain casual
• Under the Secure Jobs, Better Pay Act 2022, there are limits to the use of fixed-term contracts. If you are still using fixed term contracts, seek guidance from an experienced employment and industrial relations professional on whether these arrangements are lawful
• Employers must give every employee engaged under a new fixed term contract a copy of the newly introduced Fixed Term Contract Information Statement that became available in December 2023
• Employers must give every new employee a Fair Work Information Statement and if applicable, a Casual Employment Information Statement, before or as soon as possible after they start their new job. These documents have recently been updated with information about the recent changes to the Fair Work Act. To ensure you’re using the latest version, download them directly from the Fair Work Ombudsman website or request a copy from WorkPlacePLUS.
Your legal obligations
For more information on minimum entitlements and working arrangements, you can check the Fair Work Ombudsman website or seek advice from an HR consultancy that works closely with the allied health sector such as WorkPlacePLUS.
OTA member benefits
As the national HR and IR partner of Occupational Therapy Australia, WorkPlacePLUS provides support to OTA members on employment matters affecting your practice. For more information, contact Anna Pannuzzo on (03) 9492 0958 or visit www.WorkPlacePLUS.com.au.
Insurance & business resilience
How your insurance can help build business resilience
Running a profitable business might be your biggest focus, but in an era of uncertainty, business resilience is also an important part of safeguarding your financial viability. Business resilience refers to a business’s ability to recover from and bounce back after experiencing an unfortunate incident. Consider the range of things that can go wrong and ask yourself how well your business would be able to bounce back from them.
How well would your business cope if it suffered a cyber-attack? Or if a severe storm was to cause damage to your business’s physical premises and equipment, how long would it take you to get back up and running? Insurance plays an important role in supporting business resilience by helping to cover the financial losses you might suffer as a result of such incidents. Let’s consider some of the incidents you might experience as a business owner and examine how insurance can help your business recover from the resulting consequences.
Allegations of negligence
Allegations of negligence can happen to even the most cautious businesses – sometimes minor oversights can eventuate into major issues and end up having substantial financial consequences for your business.
If you provide professional advice as part of your business, the possibility of a client alleging professional negligence is one that is very real and can happen unexpectedly. Such allegations can escalate quickly, and the resulting legal fees and compensation costs can be overwhelming. This is why Professional Indemnity Insurance (PI) is an important policy to hold if you’re a professional service or advice-based business. PI can help to cover some of the costs associated with allegations of professional negligence brought against you.
Allegations of negligence can also come about from a third party alleging you are responsible for bodily injury they suffer, or damage to their property. For example, someone visiting your office might slip and injure themselves, and seek to hold you accountable. Public Liability Insurance (PL) is intended to provide cover for the legal costs and settlement you might incur.
Although PI and PL are completely different policies, they could both help to alleviate the financial burden you might be faced with if legal action is commenced against your business. These policies could prevent your business from falling into severe financial hardship as a result of claims
By covering costs such as incident response, system damage and network security, your insurance plays an imperative role in the resilience of your business.
brought forth against you and can assist you in getting your business back on track.
Damage to your business equipment
Whether you work out of an office, or remotely, you probably rely on some form of equipment to keep your business running. If you were suddenly unable to use this equipment due to an event like a storm or theft, not only would your ability to keep performing your service be impacted, but the cost to repair or replace your items could be an unwelcome surprise. A Business Insurance Pack is designed to protect your business’s physical assets and equipment by covering the cost to repair or replace your items if they suffer damage as a result of an insured incident. Without this cover, if your equipment or business premises were damaged, the cost to repair or replace your items could set your business back significantly.
A cyber-attack
Suffering a cyber-attack can have devastating consequences on your business, and with 62% of small businesses having experienced a cyber incident1, simply hoping it doesn’t happen to your business may not be enough. Recovering from a cyber-attack can be costly, especially if you end up with third party liability costs (for example, if the attack you experience leads to a clients’ details being leaked, and the client suffers a financial loss as a result).
Cyber Insurance is a form of cover that any business with a digital footprint should consider. It can help cover some of the costs you might incur because of a cyberattack. By covering costs such as incident response, system damage and network
security, your insurance plays an imperative role in the resilience of your business.
Suffering a personal injury or accident
While you’re busy planning for the various mishaps that can happen to your business, keep in mind the most important asset to your business – you! If you were to suffer an accident leading to an injury and were unable to work on your business for a period of time, your own income would likely also be impacted. Personal Accident Insurance can therefore be another important form of insurance, intended to provide you with financial assistance with lump sum payments if you suffer certain injuries. Having this type of cover helps make sure you’re able to maintain a sustainable income as you recover. As a result, you can get back to operating your business quickly after you recover.
Business travel
You’re probably already aware of all the things that can go wrong when travelling, and business travel, by you or your employees, is not immune to these mishaps. If something unexpected happens when you or your employees are required to travel for your business (for example, to meet clients), it could lead to lost opportunities for your business, and other incidents or losses can have serious consequences for the ongoing operation of your business.
Business travel insurance covers events such as loss or damage to baggage and equipment, rental vehicle excess, lost deposits, and evacuation expenses. An annual business travel insurance policy is something that should be considered
by any business whose employees travel. It allows you to estimate the number of trips you may take on an annual basis and take out a policy for the entire year.
Allegations of mismanagement
Running a business comes with a variety of risks, and in all the decisions you make in the running of your business, sometimes a minor lapse in judgement can be enough to have allegations of mismanagement brought against you. In addition, while your employees can be your biggest asset, in some cases they can also be a source of financial risk. For example, an employee may allege wrongdoing on your part such as bullying, discrimination, or unfair dismissal. Allegations such as these can impact on your business finances and could lead to you quickly accumulating large costs such as legal fees and compensation. Management Liability Insurance is designed to provide cover in the event of alleged or actual mismanagement. It typically offers the option to include Employment Practices Liability, which provides cover in the event an employee alleges wrongdoing on your part as an employer.
Make your insurance work for you…
With insurance playing such a key role in your business’s resilience, it’s also worth keeping in mind that taking out a policy is not the end of the story. To ensure your insurance does in fact fulfil its role in helping you recover from unfortunate incidents, it’s important to review your insurance in line with your business’s needs. As your business changes, so may your coverage needs, so reviewing your cover should be something that you do regularly.
Also remember that there is no substitute for appropriate caution and risk management. While insurance may help rebuild your business and reputation after an incident, there are also many steps you can take when running a business to prevent incidents from occurring in the first place. You can learn more about Risk Management here.
1 Cyber Security & Australian Small Business –Results from the Australian Cyber Security Centre Small Business Survey; 2023 Accessed via www.cyber.gov.au
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The information contained in this document is general in nature and should not be relied on as advice (personal or otherwise) because your personal needs, objectives and financial situation have not been considered. Before deciding whether a particular product is right for you, please consider your personal circumstances, as well as the relevant Product Disclosure Statement (if applicable) and full policy terms and conditions available from Aon on request. All representations on this website in relation to the insurance products we arrange are subject to the full terms and conditions of the relevant policy.
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