ADVOCACY

Section 2 – Procedure 3

Date of Issue: January 2013 Date of Review: January 2015

Access to Advocacy Services

BINSA provides individual, self, family and/or systemic advocacy on behalf of those suffering an acquired brain injury (ABI).

Individual Advocacy • An individual or group action plan will be developed in partnership with the individual or the

group that maps out clearly defined goals in response to the issue or concerns (See G:/FORMS –Form 61 Advocacy Action Plan)

• The plan is then documented and signed by both parties • When a new case is opened, consent to act is required (See G;/FORMS -Form 62 Authority to

Act) • Regular reviews will be conducted to ensure the individual, their authorised/agreed support

person, family or group are appropriately informed and are given the opportunity to adjust the Action Plan as they collaboratively work through it o Reviews can be requested by the person, family or group

• Action plans can be terminated at any time by the person, their agreed support o person, family member/s or group

• Individual cases are closed when the agreed outcomes are achieved. Individuals may request advocacy assistance again if required. This is considered a new case and a new consent to act; an agreed action plan etc is put in place for each advocacy request.

Individual Advocacy support includes the following:

On a one-to-one basis to address instances of discrimination, abuse and neglect by:

• Attending case conferences or meetings or working on behalf of the person with an ABI • Providing representation of the whole target group • Writing letters to relevant organisations, agencies, individuals to express needs and concerns

or to represent the interests of the target group • Assisting individuals to write their own letters by providing information relevant to their concern,

by talking through the issue to assist the client clarify a concern or by writing a letter dictated by the person if they are physically unable to write

• Writing letters on behalf of individuals in consultation with the individual or family at their request, to support their case if there is risk of disadvantage, discrimination or injustice, or if health and/or wellbeing are compromised

• Supporting individuals, families or groups resolve issues where the individual, their agreed support person, family member/s or group is unhappy with the action or decision of an organisation or professional and the designated complaints process has been unsuccessful or when assistance with the process is requested by or on behalf of an individual, their family or group

G:\Policies & procedures\BINSA POLICY AND PROCEDURES MANUAL 2013\Section 2 - Client Policies and Procedures\3. Advocacy Procedures Jan 2013.doc

Page 1 of 4

Page 2 of 4 G:\Policies & procedures\BINSA POLICY AND PROCEDURES MANUAL 2013\Section 2 - Client Policies and Procedures\3. Advocacy Procedures Jan 2013.doc

• Representing the interests of the target group through the EO or a representative nominated by

BINSA when requested • Providing representation of the individual as they come in contact with the justice system • Assisting individuals with ABI to understand their legal rights • Working with people with ABI disabilities to develop their personal skills and self-confidence to

enable them to advocate on their own behalf.

All of BINSA’s service activities will be excluded from this service. Any client/participant advocacy issues relating to BINSA will be directed to another advocacy service.

Self-Advocacy

BINSA encourages and facilitates the development of self-advocacy skills where possible and educates people with disability about their rights:

• BINSA works collaboratively with other advocacy groups and provides secondary consultancy to other agencies requesting ABI specific expertise

• Where appropriate, referral and support is provided to legal assistance o eg Equal Opportunity Commission, Disability Discrimination Legal Services etc.

Family Advocacy

BINSA offers limited family advocacy when it relates to an individual who has an ABI.

The same confidentiality provisions apply and BINSA will represent the client based on specific matters that address instances of e.g. discrimination, neglect, abuse, financial hardship and or dispute, guardianship or justice issues.

Systemic Advocacy

BINSA advocacy services seeks to influence or secure positive long-term changes that remove barriers and address discriminatory practices to ensure the collective rights and interests of people with disability are upheld, by:

• Responding to government policies and/or consultation process on behalf of the target group will be made whenever possible

• Encouraging and facilitating the ABI target group to be involved in consultation processes where possible

• Pursuing positive changes to legislation for people with ABI disabilities • Pursuing positive changes to legislation, policy and service practices in partnership with groups

of people with disability, advocacy agencies and other relevant organisations • Seeking to address barriers and discriminatory practices to produce long-term positive

changes.

Advocacy Practice • All advocacy effort will be conducted with a constructive, conciliatory, collaborative approach

which promotes a positive image of people with disability resulting in brain injury and promotes their rights

• Individuals or families may self-refer or may be referred by other agencies or service providers • At the initial contact the person’s eligibility for BINSA advocacy will be determined according to

BINSA criteria (see Eligibility Criteria)

Page 3 of 4 G:\Policies & procedures\BINSA POLICY AND PROCEDURES MANUAL 2013\Section 2 - Client Policies and Procedures\3. Advocacy Procedures Jan 2013.doc

• If a person is not eligible, information will be provided and referral to an appropriate agency

offered • Where issues cannot be resolved or where there are major issues such as neglect,

discrimination etc, referral to appropriate complaints, legal services, human rights processes, the Public Advocate or Health and Community Service Commissioner will be suggested as options for consumers to pursue with or without BINSA support

• If the person/or group is eligible and decides not to proceed with advocacy support from BINSA referral can be made to another appropriate agency if the person chooses

• If the person, family or group is unhappy with the eligibility decision or the advocacy response, complaints may be made via BINSA’s complaints process

• BINSA is committed to good advocacy practice and sees the complaints process as a consumer right and a means of improving service delivery.

Eligibility Criteria

To determine eligibility for advocacy support from BINSA the following criteria apply:

• The person must have disability as a result of an ABI (regardless of the cause) or be a family member, agreed support person, carer or associate, regardless of the cause

• The disability may mean the person has a substantially reduced capacity for communication, cognition, social contact, learning or mobility or a combination of these, and require ongoing support

• The person must require advocacy support related to their human, civil, legal etc rights having been: o infringed or likely to be infringed o fulfilled to a satisfactory degree.

Priority Criteria

Where more people are eligible and require more individual assistance than BINSA can provide, a waiting list will be developed and priority given to people who meet one or more of the following criteria:

1. Urgent circumstances

BINSA will endeavour to assist people at risk of abuse or requiring immediate intervention in order to protect them from a life threatening situation or to protect the safety of others.

2. Capacity for self-representation

BINSA will endeavour to assist people with reduced capacity to represent themselves because of the nature of their ABI impairment.

3. Locality

The needs of people in rural and remote communities will be met as comprehensively as resources allow, i.e. via promotion and use of BINSA’s 1300 phone number, email contact and links to internet resource information.

Every effort will be made to utilise the services of volunteers, other agencies or electronic advocacy channels to respond to those in the country, but there will only be limited direct service due to resource availability.

Page 4 of 4 G:\Policies & procedures\BINSA POLICY AND PROCEDURES MANUAL 2013\Section 2 - Client Policies and Procedures\3. Advocacy Procedures Jan 2013.doc

4. Targeted groups with additional disadvantages due to gender, race, language or dual

disability

As far as resources provide, BINSA is committed to assisting groups or individuals with an ABI who are likely to be further disadvantaged due to ethnicity, gender or Aboriginality.

If a person is unable to have immediate assistance because of priority requirements, information about appropriate alternative services will be provided with referral assistance if desired. RELEVANT LINKS

• Standard Operating procedures (SOPs) – N/A • Operational Instructions (OI) – N/A • Forms (F)

Form 61 Advocacy Action Plan ..\..\..\..\Policies & procedures\Forms\Form 61 - Advocacy Action Plan.doc Form 62 Authority to Act ..\..\..\..\Policies & procedures\Forms\Form 62 - Authority to Act.doc