CLIPS Word Template - lrrpublic.cli.det.nsw.edu.aulrrpublic.cli.det.nsw.edu.au/.../lo/8539/documents/8539_r… · Web viewIntroducing yourself 2. Aids to communication 3. ... Japanese,

Establish and maintain appropriate relationship with the client

ContentsEstablish an appropriate relationship 2

Introducing yourself 2Aids to communication 3Personal presentation 5Culture 5Working with interpreters 6

Demonstrate courtesy towards the consumer 7

Maintain confidentiality and privacy within organisation policy and protocols 9

Privacy 9Confidentiality 10Legislation 10

Conduct interpersonal exchanges in a manner that respects cultural sensitivities and needs 12

Communicating sensitively 12Working with interpreters 13

Support the interests, rights and decision making of the person in all dealings 16

Interests 16Rights 19Health and Community Care (HACC) National Standards 21Decision making 23

Certificate IV in Disabilities: CHCICS402A LO 8539 Reading 1© NSW DET 2009

Establish an appropriate relationship

It is helpful to others and important for you to introduce yourself promptly and appropriately when you meet a new consumer. The first contact with anyone is very important as first impressions can be lasting.

Some preparation before you meet your consumer can be helpful. It would be inappropriate to assume your consumer is of the same culture as you and that their disability has no impact upon their ability to communicate. Before you meet, you will need some background information about their health, culture or any barriers so that you may be better prepared to communicate with them.

This would be a good time to attempt Activity 1 before moving on with the remainder of this reading.

Introducing yourselfWhen you meet your consumer for the first time the important points to remember are:

Face your consumer squarely and use open body posture and appropriate facial expressions. Ensure there are no barriers between you and your consumer, such as a desk, and that you are on the same eye level.

Call your consumer by their name, state your name, who you are and where you are from. For example, ‘Good morning, Reg, my name is Ken from … and I’m your new case worker. I’m replacing Fred Nurk. How are you today?’

Offer to shake hands, if appropriate, by extending your hand. (See Figure 1 on the next page.) Some people with a disability might not be able to shake hands. Others may have pain that is made worse by touch.

Provide the person with your business card (if you have one).

Speak clearly. Speaking clearly, but not too slowly, helps get the message across.

Use eye contact if culturally appropriate. There are some cultures, including many Aboriginal people in NSW, who do not make direct

2 Certificate IV in Disabilities: CHCICS402A LO 8539 Reading © NSW DET 2009

eye contact with the person talking to them as a sign of respect. Find out about the person’s culture, so that you do not upset them by using eye contact wrongly.


Figure 1: An effective handshake. Extend the hands are on a slight angle, the thumbs pointing up, thumb joint placed along thumb joint. Give a firm handshake, no more than two or three shakes.

Aids to communicationThere are times when we may have to use other strategies to help us communicate effectively. For example, when we are trying to interact with someone who speaks a different language to us, or who has a disability.

Visual impairments, deafness and cognitive impairments can all have an impact upon communication. While communicating with a person with a disability involves the same basic concepts as communicating with other people there are some resources and aids that may help.

Hearing impairment

For someone who is deaf and who uses Auslan (Australian Sign Language) you may wish to employ an Auslan interpreter to help you communicate effectively. The Ethnic Affairs Commission and the Deaf Education Network also provide Auslan interpreters.

If you want to telephone someone with a hearing loss you can use a teletypewriter available through:

TTY on 1800 000 567, or

the National Relay Service on 13 36 77 or 1300 555 727.

The National Relay Service acts as a ‘middle step’ between those who don’t have a TTY and those that do.


Other aids that can assist you to communicate effectively with someone with a hearing impairment include headphones, using either an infra-red or FM system, and hearing (audio) loops.

The person may need to lip-read. In this case it is necessary to face the person, stand in the light and speak clearly, but not too slowly, to allow the person to lip-read.

Wearing a name badge including your organisation’s name or providing a business card is another way of introducing yourself in a non-verbal way.

Cognitive impairments

When communicating with someone with a cognitive impairment it is essential to use plain English and to check what the person understands. If someone has a limited capacity to communicate his or her thoughts and feelings you might consider using:

Compic pictures—pictorial representations of words and actions

Makaton signing—sign language that has been developed for people with an intellectual disability

a communication board—either electronic or handmade

photos

magazines

cue words.

Mental illness

Someone experiencing symptoms of mental illness may not be in a position to communicate effectively or understand what you are trying to tell them. Mental illness symptoms, such as hallucinations and delusions, as well as impaired communication and concentration abilities, may necessitate delaying communication until the consumer is well enough to understand and consent to what is being discussed. Alternatively, the consumer may have a legal advocate or guardian who can be present at communication events to help clarify issues with the consumer or to respond on the consumer’s behalf. Whether or not an advocate or guardian is involved, it is always better to be able to communication directly with clients and have them understand what is being discussed.

Physical disabilitySome people with, for example, severe cerebral palsy, find it difficult to physically form the words they wish to communicate. While they understand everything you are saying they may have difficulty getting their


ideas across. People in this situation will usually have a communication board or an electronic communication system.

If you are communicating with someone who has a disability you should consult the Communication Handbook for NSW Government Agencies. This highly useful resource can be downloaded from the Department of Ageing Disability and Home Care website at www.dadhc.nsw.gov.au and searching the publications section.

Personal presentationPersonal presentation is the way a person looks; it includes the clothes they wear, the person’s level of cleanliness, hair, accessories. This can send messages about you and in some situations your organisation, to others. It can also give you some impressions about the person you are communicating with.

CultureWorking with people from different cultural backgrounds requires that we be aware of possible cultural differences and respond in a culturally appropriate manner whenever possible. For example, it may be inappropriate in some cultures for a female worker to support a male consumer.

Different cultures have different protocols (established procedures) for communication which determine how people greet each other, how they take turns when speaking, how they address each other, what is said and how they express feelings and empathy.

Eye contact can vary from person to person and situation to situation. For example young Vietnamese people will avoid eye contact to demonstrate respect to a person in authority. Check it out with the person—are they making eye contact? If so, it is generally okay to maintain direct eye contact.

Physical contact is appropriate in some cultures but not in others. In many Asian cultures there is no physical contact at all except among very close relatives. In European cultures there may be kisses and embraces and in Anglo-Australian cultures there may be hugging among close relatives but with more distant people a handshake is more appropriate.

If you are not sure of the meaning of certain actions or gestures, or ways of addressing or avoiding discussion of certain issues, you may need to clarify this with the consumer (or the interpreter) to make sure you understand the meaning of messages received.


http://www.dadhc.nsw.gov.au/

Working with interpretersWhen your consumer does not speak the same language as you, you may be required to employ a professional interpreter. There are many reasons why workers should use interpreters when working with people who do not communicate confidently in English (as well as for people who are hearing impaired). These reasons vary from complying with existing anti-discrimination legislation and access and equity policies to providing effective services to clients, common courtesy, maintaining confidentiality and privacy, and upholding the dignity of clients.

An interpreter is somebody who is employed by an interpreting service who will translate spoken words. This means they will sit in on your interview and translate what the consumer is telling you, as well as translate to the consumer what you are telling them.

Professional workers will need to make a judgment about when to use an interpreter. This would depend on your assessment of how much English the consumer understands and how well they can express their needs in relation to the issues discussed.

Physical contact

Affection can certainly have a place in a professional relationship between a person with a disability and the person who is supporting them. Affection as an expression of caring and respect can be an important part of the on-going contact between the people involved. What is important, however, is that both the worker and the consumer are aware of the boundaries (or limits) to the affection and the relationship as a whole. Keep the affection appropriate, for example, a shake of the hand for hello as opposed to a hug. Use your tone of voice and body language to express the warmth towards your clients rather than an embrace.

It is also important that we make sure that the person we are supporting is also aware of what is appropriate touch between a worker and a consumer, and why. It is up to you as the worker to set the boundaries—you are the person with the power. For example, a consumer may want to sit on your lap or give you lots of hugs. It is not OK for a worker to let this happen—model appropriate greetings by shaking hands.


Constant reviewing of your practice is needed to ensure you are consistently following best-practice in communication methods and for your own professional development.


Demonstrate courtesy towards the consumer

Courtesy is behaving politely and with consideration towards another person and it is an important way to conduct yourself when you are working with your clients. To be courteous means you are:

sensitive to the other peoples’ feelings

welcoming and hospitable towards others

observing effective communication skills (eg clear introductions, cheerful greetings, catering to the specific communication needs of the person you are with, and listening closely).

Courtesy can make your job a lot easier as it assists you in establishing a trusting and worthwhile relationship with your consumer.

Read the following exchange between Sally, a case worker, and Reg, a new client.

Sally Reg

Good morning, Reg. My name is Sally and I’m your case worker. How are you this morning?

Good

Reg, would you like me to explain how I can support you?

Yes

How would you like it if we sat down over here where it is quiet and we can have a cuppa and I can talk with you about how I can Help you work out what you would like to do?

OK


So we can help you do things you would like to do, we need to write up a plan. This way you can tell us what you would like to be doing and what things you might like to learn.

Yes, I want to do more cooking in the home.

Great! Well that’s something we can certainly plan for.



Maintain confidentiality and privacy within organisation policy and protocols

Confidentiality underpins all aspects of community service work. The self-determination and centrality of the consumer in developing his or her own goals is of primary importance in the worker–consumer relationship. Security, privacy and confidentiality of consumer information are central to developing respectful and trusting relationships. Confidentiality means that as a worker you maintain the clients and agencies confidence unless given express permission by the consumer to share information. Or, due to legislative Acts such as the Children and Young Persons Protection Act you are bound, as a mandatory reporter, to report suspected incidence of abuse.

Increasingly agencies are being asked to ensure that any information about individuals is kept safe and secure, and that privacy and confidentiality are respected. There should be written guidelines, procedures and protocols in the organisation about these issues. These are required by law and under funding agreements by funding bodies.

PrivacyUnder various laws, such as the Commonwealth Privacy Act (1988) and the Privacy and Personal Information Protection Act (1988) which applies to public sector organisations, the people have a right to privacy. Even if you are not a government organisation, your workplace will also have policies and procedures about privacy. In addition there are standards in certain areas, such as aged care and disability service provision, which will require you to uphold privacy.

Personal information can include a person’s criminal record, their mental health, their age, their address and so on. This information must not be passed on to anyone else without permission of the person making the inquiry or a legal reason to do so.

Be mindful that your clients have the right to read what you write about them. You should always write down information with this in mind.


ConfidentialityConfidentiality means keeping private or secret what someone tells you. This means that you do not pass on information someone has told you in confidence without that person’s permission. Confidentiality also means storing information you obtain and documents given to you in a secure place. Many organisations now ask staff to sign a confidentiality agreement that clearly spells out their responsibilities for information and confidentiality. There are some situations, however, where you must break confidentiality. These are:

where a consumer tells you they have committed a serious crime

where a consumer who is a child reveals they are being abused or are at risk of being abused

where you are concerned that the consumer may harm themselves or other people (eg a consumer calls and says they are going to commit suicide).


Legislation The following Acts relate to privacy and confidentiality of clients.

Health Administration Act 1982

This Act covers any information that is provided or recorded within the health system. Basically, information cannot be disclosed, without the consent of the person to whom the information relates or for the purpose of legal proceedings, such as a court order or subpoena that allows access to health information on a consumer.

Public Health Act 1999

This Act also relates to disclosure of information without consent. The most important confidentiality provision of this Act is the part that deals specifically with HIV/AIDS-related information. Under the Act, this relates to:

the fact that a person has had or is going to have an antibody test

the fact that the person is HIV positive.

Health Records and Information Privacy Act 2002

This Act was passed in July 2004 and is designed to protect the privacy of an individual’s health information, enable individuals to gain access to their health information and provide an accessible framework for resolution of


complaints regarding the handling of health information. Further information about this Act is available at www.lawlink.nsw.gov.au

Privacy and Personal Information Protection Act

This Act consists of internationally accepted privacy principles dealing separately with collection, storage, use and disclosure of personal information. One of the key principles relates to accessibility of information, stipulating that agencies must allow, when it is requested, access to a consumer’s personal information without reasonable delay and expense.

Personal information includes information kept on the records of the clients, personal details shared with you by the consumer and/or others, or medical information if the consumer has been referred to your service by a doctor. There are numerous sources of possible private information including written communication coming from other agencies.

This would be a good time to attempt Activities 6 and 7 before moving on with the remainder of this reading.


http://www.lawlink.nsw.gov.au/

Conduct interpersonal exchanges in a manner that respects cultural sensitivities and needs

Often workers feel intimidated and unable to communicate with people from different cultures. During these times you need to use all your communication skills to the best of your ability, rather than backing away and not communicating. In a sense we need to amplify our skills.

It is helpful to visit some community service organisations and assess how user friendly they are with different cultures. You can also talk to people from other cultures about their experiences. You might get some great ideas. Become aware of how different organisations welcome you. When you enter services or a government organisation think about how you feel when you enter the building. What is the environment like? Are there plants and comfortable chairs to sit on; is there water or refreshments available? Think about how accessible it is. What if you were in a wheelchair, or had an injury or a child in a pram? Does it provide information in other languages? Does the centre look inviting from the outside or rundown and drab? Is the staff friendly and smiling or are they stressed and hurried? Is there staff from different cultures working in the centre? What kinds of posters or pictures are on the wall? Do they incorporate images from other cultures? How long do you have to wait to see someone? All these issues are important in welcoming clients and making them feel comfortable.

Different cultures have different protocols (established procedures) for communication which determine how people greet each other, how they take turns when speaking, how they address each other, what is said and how they express feelings and empathy.


Communicating sensitivelyTo work effectively and be culturally sensitive with clients and co-workers, we need to be aware of a number of factors.


Non-verbal communication and culture: Gestures, movements, tone of voice, eye contact and facial expressions vary in meaning across cultures. In India, for example, shaking the head from side to side is an indication of agreement, rather than disagreement, as it is understood in Australia.

Personal space: Distancing oneself or getting closer to clients may be misinterpreted as coldness or inappropriately intimate or pushy. The gender of the consumer and worker is also an important factor in how personal space is utilised.

Eye contact: There are many cultural variations of what eye contact means. In some cultures such as Mexican, Japanese, Korean and many indigenous Australian cultures, avoidance of eye contact means respect.

Use of silence: Different cultures use silences differently. Arabic people often regard silence as a time to collect private thoughts; Russians, Spanish and French might regard silence as indicating a common agreement or shared view. In Asian cultures silence is often used as a sign of respect.

Cultural variation in interpretation of social issues: For example, the interviewer and the consumer may have a different interpretation of issues such as what constitutes a marriage or a marriage separation.

Cultural responses to emotions: Different cultures have different rules about how to respond to emotions. Touching the hand of someone crying might be acceptable in our culture but in others it would be more appropriate to offer tissues or a glass of water. Remember not to touch clients – as a misunderstanding about touching could lead to accusations of inappropriate behaviour.

This, of course, is not a finite list of all the issues of which we need to be aware. These are just some points to consider. As professional workers, we need to continue to explore these issues, ask questions and accept feedback from the people we are communicating with. It is also important to continue learning through more formal methods such as further training and supervision.

Working with interpretersAs previously discussed, when your consumer does not speak the same language as you, you may be required to employ a professional interpreter. The role of an interpreter is to facilitate communication between two or more people who speak different languages. This may be done via spoken word or by sign language for people with a hearing impairment, or by a special tactile alphabet for deaf-blind people.


In Australia, qualified interpreters have to undergo relevant training and must be accredited with N.A.A.T.I (National Accreditation Authority for Translators and Interpreters).

There are five levels of NAATI accreditation, as shown in Figure 2. For general-purpose interpreting it is advisable to employ an interpreter with a minimum of Level 2 accreditation but preferably with Level 3 accreditation.

The five levels of NAATI accreditation

Level 1: Language aide level

This is not a recognised level for interpreting or translating. People qualified at this level don’t undertake interpreting as a primary part of their work but may, on occasion; use their language skills to assist in communication.

Level 2: Paraprofessional interpreter level

This level is for interpreting general business conversations and for straightforward, uncomplicated medical, legal or social work interpreting. Often Level 2 is done by casual interpreters and people whose main occupation is not interpreting, however, they use their language skills in their work activities when required.

Level 3: Professional interpreter level

This is the first level of a professional, general-purpose interpreter. People at this level have a wide range of subjects in which they can interpret. Agencies such as Translators and Interpreters Service (TIS) and Community Relations Commission for Multicultural NSW—Language Services Division, which are the two main interpreting services in NSW, require Level 3 accreditation as a minimum for employment as a community interpreter.


Level 4: Advanced professional interpreter level

These are professional interpreters who specialise in their field. They are capable of conducting simultaneous (interpreting at the same time as the words are spoken) and consecutive (statement by statement) interpreting at a very high level such as at international conventions, meetings of political leaders, international economic and trade delegations, scientific conferences and conventions.

Level 5: Senior professional level

This is the elite level of interpreters. These are small and select groups of specialist interpreters and translators. These interpreters and translators would have met the qualification for Level 4 but in addition they would have a proven extensive experience of interpreting at a very high level.


The way that we feel when we enter a service, the way it looks and feels and the way we are treated affects the way we interact with the workers and the service. What was it about that particular service and/or worker that caused you to have a positive experience? Maybe the worker operated in a professional manner and the service was conformable and friendly. There might have been comfortable places to sit, magazines of things to read in your language. The worker could have been courteous and respectful of your culture. They might have engaged an interpreter to help with the interview. The service may have displayed brochures and posters in your community language. You may have felt that the worker listened to your concerns, took them seriously and acted on them.

As you can see there are many ways that you can make your environment more inviting to clients. Once you have identified your client groups, it is useful to consult with tour clients about how your service might be more ‘user friendly’. The more you involve your clients in the way your organisation is run, the better.


Support the interests, rights and decision making of the person in all dealings

People with a disability are often in a position of extreme disadvantage and powerlessness. In particular, those with an intellectual disability may have very little control over where they live, who they live with, what sort of job they have, who their support workers are and what they get to do with their leisure time—most of these are things that we would take for granted.

There is legislation that protects people’s rights and guides workers on how to act. People are empowered when their interests, rights and choices are seen as important and it is up to workers to support their clients in these three key areas.

InterestsInterests are what spice up our lives and give meaning to our life activities. One person may be passionately interested in sport, bridge and rock music. Another person’s interests may be gardening, beach fishing and protecting the natural environment. Yet another individual may be devoted to pets and astronomy.

A person’s interests can sometimes seem contradictory, and they can be unpredictable. So it’s worthwhile remembering that there is no point in trying to stereotype people by your initial perceptions of them. This applies as much to people who happen to have a disability as to people without a disability. We all need to be open-minded about others’ interests.

People with a disability are as complex, contradictory and unpredictable as people without a disability. Their interests can be as broad as anyone else’s, and as problematic! A disability support worker can expect to be in contact with a very wide range of people with varying disabilities and varying degrees of disability. Openness to the rich variety of human interests, and being non-judgmental about them, is a pre-requisite of the job.


Assessing interests

There are a number of ways to identify the interests of a person with a disability. These include talking to the person, observing them, talking with ‘significant others’ in their lives, and reviewing past assessments and individual support plans. The most important thing to remember, however, is that any assessment of their interests should be done with the person with a disability. They must be an integral part of the assessment process. If they aren’t, any plans you put in place might be irrelevant to the person and their real needs—you could be setting yourself (and your plan) up to fail. Success relies on the motivation and cooperation of the person you are trying to help. Ultimately, success is measured by whether or not the person with a disability has achieved their goals and is empowered and included in their community.

Interviewing

Interviewing, or making formal times to talk with the person you are supporting, is a good place to start when assessing someone’s interests. The first step in interviewing is to establish a relationship with the person. As we mentioned earlier in this unit, the worker has to take the lead in making sure that the relationship is established successfully. Once you have spent time getting to know your consumer and informing them of your role, you can begin to ask a range of questions that will help you and your consumer arrive at the information you both need.


Obviously, some people with a disability won’t be able to answer questions phrased like these. They may not be able to formulate their desires and interests in a logical way, or even coherently.

If the person with a disability with whom you are working has significant communication difficulties, you might have to spend time finding out how they communicate best. You can ask family, friends or carers how they communicate with the person concerned. Communication boards, compic pictures, signing (Auslan or Makaton), gestures and facial expressions are some ways of finding out the needs of someone with a verbal communication disability.

If the person speaks a language other than English, you can arrange for an interpreter to help you. It’s better to use a professional interpreter rather than a family member—family members can sometimes answer for the person with a disability instead of getting their response. Interpreters can be arranged through the Health Department, Department of Community Services or through the Telephone Interpreter Service.


Talking with significant others

To add to your picture of the interests of a person with a disability, it can be very useful to talk to significant others—carers, parents, other family members, friends etc (provided that you have permission from the person you are supporting). Significant others often know the person with a disability well and have had lots of opportunities to observe and think about what needs the person has.

Observation

Another way to get information to do a proper assessment of interests is by observing the person with a disability. Obviously you need to tell them that you will be observing them and why—everyone has the right to privacy and if we are going to intrude on that, we must ask their permission or at the very least tell them that we like to observe people to help find out what their needs are.

Observation can be a good way to back up what you and the person with a disability have already talked about. You can observe them in their homes, where they work, and out socially. You can see how they go about activities of daily living, how they interact with others and how they react to where they are and what they are doing. You can assess whether or not you think they are competent in what they are doing or if they need some help to become more competent.

Observation is good for assessing social skills. You can see how the person mixes with other people in a range of settings and see how they go about making friends. Do they go about it appropriately or do they act inappropriately and therefore make themselves vulnerable to exploitation or to being isolated? These are important questions that need to be addressed, and observation can give you great clues as to how the person you are supporting is going.

Reviewing past assessments

Another important way to help someone to assess their interests and needs is to look at past assessments (however, it’s important to get permission from the person you are supporting first). Some workers, in fact, will start their needs assessments by reviewing past ones. However, there can be huge problems with using past assessments as a starting point.

We don’t necessarily know how accurate the past assessments were and we don’t know how involved the person with the disability was in the process. The past assessor might not have worried too much about what they wrote down about the person with the disability; that is, they might not have distinguished clearly what was fact and what was opinion. They might have relied solely on talking to the people who care for the person with a disability. We may not know if they had ever even seen and spoken to the person with a disability. In the past, some workers felt that they knew best and decided themselves what the person with a disability needed—they


didn’t believe that people with a disability knew what they wanted or needed.

The most important thing to remember about good assessments (past or present) is that they only talk about what interests and needs were present at the time they were written. Needs and interests change as we grow older, have different life experiences and as we develop new skills or receive new information. As a result, assessments should be reviewed regularly and be seen as an on-going process.

Remember, too, that people change, and their interests can change, and this applies equally to people with a disability.

RightsAn important element of a disability support worker’s role when working with people with a disability is to assist in the promotion of their rights. It can’t always be taken for granted that people with a disability will be treated as a valued member of society.

The rights of people with a disability have only been highlighted in recent years. The International Year of the Disabled in 1981 highlighted the need for legislation to ensure people with a disability were treated like any other Australian citizen.

People with a disability have the same human and legal rights as the rest of society. Some common basic human rights include, but are not limited to the following:

the right to self-determination

the right to good health

the right to freedom of movement

the right to independence

the right to good housing

the right to support services

the right to sexual expression.

Over the last few years, people with a disability have had increasing opportunities to improve the quality of their lives within the Australian community. One of the main reasons for this improvement is the change in provision of services and treatment of people with a disability as directed by legislation.

Legislation that directly supports the rights of people with a disability includes the Disability Services Act 1993 (NSW)—NSW Disability Service Standards 1993 (DSS). The principles of the Disability Services Act aim to acknowledge and uphold the rights of people with a disability.


Disability Service Standards

Once the government endorsed the Disability Services Act, there had to be a way of ensuring services adhered to the new Act. As a result of two years of consultation with people with a disability, their families, service providers and all levels of government, the New South Wales (NSW) Disability Service Standards and Commonwealth Disability Service Standards were developed. The standards inform services about the way they need to treat people with a disability as well as how they must deliver services in order to uphold the legislation.

The standards can be:

used to educate a consumer about their rights

the basis of a training session for staff in an organisation

a tool to encourage change.

Generally the standards are used to inform practice and policy and disability service workers’ need to demonstrate their support of the standards by their actions, which may lead to supporting a consumer to make a complaint about the standards not being upheld.

Commonwealth Disability Service Standards—Disability Services Act 1986 (Cwlth)—Commonwealth Disability Service Standards 1993 (CDS)

The Federal government has the overall responsibility for employment. Any service that supports people with a disability to gain and maintain employment must adhere to the Commonwealth Disability Service Standards if they receive funding to deliver the service. There are twelve standards in this Act. The first eight Commonwealth standards are the same as the first eight New South Wales standards. Click HERE to see an easy English version of the Commonwealth Disability Service Standards.

NSW or Commonwealth Disability Service Standards—what to use and when

The NSW and Commonwealth Disability Service Standards are in place to ensure community service organisations uphold the rights of people with a disability, treating them like every Australian citizen.

Deciding which standards to use will depend on the community service organisation and the actual services they deliver.

If a breach of the standards occurs in a community service organisation that gets funding from the Commonwealth to support people with a disability in gaining and maintaining employment you would refer to the Commonwealth Disability Service Standards.


http://www.facsia.gov.au/internet/facsinternet.nsf/vIA/disability_services_standards/$File/EE.pdf

If the breach occurred in a community service organisation in New South Wales that receives funding from the State government to provide services other than employment, you would refer to the NSW Disability Service Standards.

Many community service organisations receive funding from both State and Commonwealth, and provide employment and non-employment services. In this situation it is helpful to remember that Standards 1–8 are the same in both sets of standards, so it is not imperative to choose one over the other. However, if the issue relates to employment then you must refer to the Commonwealth standards.

This would be a good time to attempt Activities 11, 12 and 13 before moving on with the remainder of this reading.

Health and Community Care (HACC) National Standards

Disability Discrimination Act 1992 (Cwlth) (DDA)

The DDA is a Federal law which can be used to address discrimination in many areas of life. The Act makes it illegal to treat a person unfairly just because they have a disability, regardless of the disability. The Act also covers relatives, friends and carers of people with a disability. If people treat a person with a disability differently because of that disability such treatment is covered by the Act.

How can complaints be made about discrimination?

The Disability Discrimination Commissioner is responsible for handling complaints. Complaints can be lodged by the person directly affected by discrimination or on behalf of someone affected by discrimination.

How are complaints handled?

The Australian Human Rights Commission (formerly the Human Rights and Equal Opportunities Commission, or HREOC) will investigate any complaints received by it. Where a complaint appears to involve discrimination, the Commissioner will attempt to resolve the matter by conciliation.

Conciliation is when the two sides are brought together to resolve the complaint. It is private and confidential, and it is illegal to disclose details of any individual case. Where a complaint cannot be resolved by conciliation,


the Australian Human Rights Commission can make a formal determination. This can be enforced in the Federal Court.

Assisting a consumer to identify their needs and rights

It can be difficult for a person with a disability to identify their rights, and to know whether they are being met. This is especially true considering the whole gamut of values, ethics, beliefs and legal requirements that need to be taken into account. As disability support workers we have the responsibility to uphold clients’ rights in the way we deliver services.

You may be forced to decline assistance if, by helping that person: you are breaking organisational policy

infringing on another’s rights

or in extreme cases, you are breaking the law.

For example, if a consumer wanted to express their right to be angry, you would not assist them in hurting another person or damaging resources.

In helping clients to identify their rights and needs it is important to consider the following:

Many clients may not know their rights. For example it is possible that a consumer may not have had experience or education about their rights. For clients who have a high level of intellectual disability, they may not have the ability to understand their rights or recognise when they are being violated.

It can be hard for many clients to identify their needs. Often clients may feel that they are not happy about a service or a situation but do not have the experience or ability to think about how something could be different, especially if they have not experienced any thing else.

It is quite possible that many clients will not know their rights are being violated. Often clients are not given information about the services they receive and what options they have within those services. Take an ageing consumer who attends a day service five days a week and does not want to go every day. Have they been told about retirement and what their options are?

Some clients may not want to do anything about the issue. Remember the consumer should be able to make the final choice about the action they want to take if any. Some clients for a variety of reasons may decide not to take any action. The issue could be a one off, or they may decide it is not important enough to act on.

Some clients may be quite worried or even fearful about taking action. It is important to recognise that some clients may have past experiences when they have tried to stand up for their rights and have been reprimanded or treated differently because of it.


Some clients may have physical limitations that will affect their ability to communicate. Depending on the consumer’s disability they may have difficulty with verbal language and it may be difficult for people to understand them. On the other hand some clients may use an electronic device to assist them that may not have programmed into it the words a consumer wants to use.

The Disability Discrimination Act can support you to uphold clients’ rights by informing services and organisations about the law that protects people with a disability from being treated differently because of their disability.

As a disability support worker the reasons you may use legislation to uphold the rights of a consumer may be varied and at different levels. On a day-to-day basis, reminding other staff about things like confidentiality, clients’ rights to make decisions, or support to make a complaint can be very effective with very little time involvement.

On the other hand, you may need to discuss the standards or discrimination with an organisation that has made a decision that impacts on the consumer’s life in a discriminatory or negative way.

Decision makingDisability support staff and community service organisations can sometimes put high expectations on clients in relation to making informed decisions. It is common for people to expect a consumer to have extensive knowledge about an issue before they believe a consumer can make an informed decision.

Often clients are seen as not having the capacity to make an informed decision for two reasons. One is that the consumer is perceived as not having the intellectual ability to make an informed decision. The other common reason is that some clients may not have the information they need or even know how to get access to the information they need.

It is important that you don’t assume a person’s capacity to make a decision just because they are not able to give you the information you think they should have. Also it is important to remember that a consumer may need to make decisions in small steps and as they attain more information they may change their decision.

An informed decision does not take an exhaustive amount of knowledge. To be able to make an informed decision a person needs to have some understanding of:

what their decision may involve them or others doing

what alternatives they may have in making a decision

the consequences of their decision, including any risks it may involve.



Once the consumer has all the information they need your role is to help them make a decision. When you are helping a consumer to make a decision they need to know they have the right to:

Ask questions to help them understand. Often we deliver a lot of information to consumers and don’t give them the opportunity to clarify their understanding of the information. Helping a consumer to ask questions by prompting will help you assess their level of understanding.

Know all possible options and choices. A disability support worker needs to be aware that they do not overload a consumer with information, but at the same time they do not hold back information. You may need to discuss a consumer’s options and choices over a few meetings, above all do not leave out any information just because you think they do not need to know, or they are getting overloaded. Always ask the consumer how they feel and if they would like more information.

Have time to understand the information. People process information at different rates and different levels. Do not rush a person to make a decision. Most people need time to think about an issue, and go over any information they have, most people ask a few others about their opinion before making decisions, and consumers need the same opportunities.

To make a mistake and know that that is ok. For many years’ people with a disability have been protected from making mistakes, mostly due to the nature of services and their responsibilities to keep people safe. It is commonly known that most people learn from their mistakes and this helps us to grow. As long as a consumer is not putting themselves or other people in great danger they need to be able to take risks that may involve mistakes.

Change their mind if they want to. People with a disability like every body else have the right to change their mind at any time; however they would also need to be aware of any consequences that may result. A consumer, who decides not to follow up with a complaint, would need to know that it is possible for the issue to reoccur or not be resolved.

Not make any decisions. Like everyone, sometimes consumers do not want to have to make decisions for a variety of reasons. They may not be feeling well and having to make decisions is just too hard. The issue for disability support workers is to ensure you make decisions on the consumer’s behalf with their permission.

You may give the consumer some time in-between meetings to allow them to process the information and consider all their choices. Do not push the


consumer to make decisions before they are ready. Most people need time to think about their choices, what they want done and how they are going to do it.

Most people do not take action as soon as they have a problem. Think about a time when you had a problem. How many people did you talk to before you made a decision on what to do? How much time did it take to clarify in your mind what the actual issue was, before you took action?

This would be a good time to complete Activity 15 before moving on with the remainder of this reading.

Ensure your actions uphold clients’ rights

Apart from the legislation that protects the rights of clients, disability support workers need to ensure their actions or communication with others also upholds clients’ rights in relation to:

Being respected and valued—This means that you need to be aware that you are communicating on behalf of a consumer and do not take over the advocacy. Clients need to be seen as equal partners in the advocacy and as having value and are treated in the same way as others who do not have a disability.

Right to control their personal information—This means clients have the right to decide for themselves what information is passed to others. You may find that when you are communicating with others in the advocacy process that you are pushed to give information to others that you have not been given permission from your consumer to divulge.

Confidentiality and privacy—Often when advocating it can be tempting to give the whole history of a consumer to push for their cause. You need to keep focussed on the issue and the information that pertains directly to the issue. If you feel that giving personal or confidential information to others will help the consumer’s cause, you need to ensure you have the consumer’s permission first.

Consumer involvement in action—You may find when supporting a consumer with advocacy that others will try to make the decisions about actions for the consumer without the consumer being involved in the consultation. You need to ensure you uphold the consumer’s right to be involved in decisions by not agreeing to any actions without the consumer’s involvement.

Address issue in a sensitive manner—Many advocacy issues can pertain to sensitive topics, for example, personal care or relationship issues. Whatever the issue, it is important to remember you are working with a consumer on something that can affect their life. People with a disability have often been treated like numbers and their issues seen as not important. It is your role to remind others that


you are all dealing with a person who has the same rights, feelings and emotions as others.


Documents

CLIPS Word Template - lrrpublic.cli.det.nsw.edu.aulrrpublic.cli.det.nsw.edu.au/.../lo/8539/documents/8539_r… · Web viewIntroducing yourself 2. Aids to communication 3. ... Japanese,