Embed Size (px)
Citation preview
1
GUIDANCE FOR NEW NDIA REGISTERED SPECIALIST DISABILITY SUPPORT PROVIDERS UNDERTAKING THIRD PARTY VERIFICATION (TPV) AGAINST THE NSW DISABILITY SERVICES STANDARDS (NSW DSS)
Introduction NSW Disability Service Standards (NSW DSS) Self-assessment involves an organisation looking at how it does things, what it achieves and how it measures up against criteria. During the process, an organisation’s strengths, weaknesses and opportunities for improvement will be identified. New specialist disability support providers must ensure there are accessible ways for people with disability, their family or carers to provide feedback and actively contribute to how services are delivered. Self-assessment is an opportunity for service providers to: • confirm areas where the service is meeting the NSW DSS; • identify gaps in current systems and processes that do not meet the NSW DSS; • plan actions to address any identified gaps in systems and processes; • identify additional opportunities for improvement, to support continuous improvement. Quality management for providers of specialist disability supports in NSW is guided by the NSW Quality Framework, developed as part of a nationally consistent approach to quality service provision in the disability sector. The focus of the Framework is on service providers developing a culture of continuous improvement and undertaking regular self-review of performance that takes into account feedback from people with a disability, their families and carers. Quality management is fundamental to person centred approaches to service provision and is the action taken by service providers to make sure they deliver the best possible services and outcomes for the people they support. Third Party Verification (TPV) against the NSW DSS is the core component of the NSW Quality Framework. Self-assessment or gap assessment is the preparation for TPV, but it is also the central process of ongoing continuous improvement. Self-assessment against standards involves reviewing each practice requirement for the standards; deciding whether the service meets the requirement and identifying how it can demonstrate this (that is, provide evidence of compliance). Key resources to support providers implement the NSW DSS include: • Quality Policy http://www.adhc.nsw.gov.au/__data/assets/file/0011/256835/Quality_Policy_for_ADHC_funded_services.pdf • Standards in Action manual See the Standards
2
ADHC Systems Recognition Tool The ADHC Systems Recognition Tool will assist organisations to understand the extent to which existing accreditations and systems meet the NSW DSS. An important aim of the NSW quality reform program is the recognition of accreditations /certifications of other industry standards that service providers already have in place to reduce the administrative burden and need for duplicate reporting. Here you can find out how your existing accreditations and systems meet the NSW DSS. See the ADHC Systems Recognition Tool Third Party Verification Third party verification (TPV) is important so that service providers receive independent confirmation that they meet the NSW DSS and can demonstrate to stakeholders that they are delivering quality services and achieving positive outcomes for individuals. National Disability Services NSW (NDS) has established a list of approved third party verifiers who can conduct third party verification. Providers can also use a third party verifier that is accredited either by the Joint Accreditation System of Australia and New Zealand (JAS-ANZ) http://www.jas-anz.org/ or International Society for Quality in Health Care (ISQua) http://isqua.org/. Further resources including requirements for providers of specialist disability supports can be found at Appendix A of this document.
3
Preparation for TPV - Self Assessment against the NSW DSS Standard 1 – Rights Each person receives a service that promotes and respects their legal and human rights and enables them to exercise choice like everyone else in the community. The intent of this standard is that a provider can demonstrate the following: 1.1 Each person is aware of their rights and can expect to have them respected. 1.2 Service providers are to uphold and promote the legal and human rights of each person. To demonstrate a capacity to comply with this standard, an applicant must meet or demonstrate a capacity to meet the following: Standard 1: Rights Practice Requirements
Elements Rating
1.1 Each person is aware of their rights and can expect to have them respected
The service provider should be able to demonstrate that: • each person has access to information and support to understand and
exercise their legal and human rights
• each person receives a service: – that maximises their choices for social participation and cultural
inclusion – in an environment free from discrimination, abuse, neglect and
exploitation – that reflects their right to privacy and have their personal records
and details about their lives dealt with in an ethical and confidential manner in line with relevant legislation
• each person can expect service providers to: – support and encourage self-protective strategies and behaviours
that take into account their individual and cultural needs
• uphold their right to make decisions, including medical treatments and
□ Not met □ Partially met □ Fully met
4
interventions, and when this is not possible, assisted or substituted (alternative) decision making is in line with the person’s expressed wishes, if known and if not, with their best interests
• where children are provided with service, each child with a disability has
the same rights and freedoms as all other children and that the service provider takes each child’s best interests into account when providing services
1.2 Service providers are to uphold and promote the legal and human rights of each person.
The service provider should be able to demonstrate that: • services are provided in an environment free from discrimination, financial,
sexual, physical and emotional abuse, neglect and exploitation • The service provider:
– encourages and supports access to advocacy services by people with a disability to promote their rights, interests and wellbeing
– gains consent from each person with a disability or their person responsible or legal representative for medical treatments and interventions
– provides opportunities for people with a disability to participate in the development and review of organisational policy and processes that promote strategies for equality and upholding human rights
– takes into account individual choice and the rights of each person and acts in their best interests in relation to nutritional and behaviour management practices in line with relevant legislation, convention, policies and practices
– has knowledge and skills to implement reporting processes on incidents of alleged or known discrimination, abuse, neglect or exploitation and knows how to notify the relevant external authorities
– offers appropriate support to the person and their family or carer when they raise or pursue allegations of discrimination, abuse, neglect or exploitation.
□ Not met □ Partially met □ Fully met
5
Standard 2 - Participation and Inclusion Each person is encouraged and supported to contribute to social and civic life in their communities in the way they choose. The intent of this standard is that a provider can demonstrate the following: 2.1 Each person is actively encouraged and supported to participate in their community in ways that are important to them. 2.2 Service providers develop connections with the community to promote opportunities for active and meaningful participation. To demonstrate a capacity to comply with this standard, an applicant must meet or demonstrate a capacity to meet the following: Practice requirements
Practice elements Rating
2.1 Each person is actively encouraged and supported to participate in their community in ways that are important to them.
The service provider should be able to demonstrate that: • each person is supported to make decisions about how they connect with
their chosen community. • respectful of their choices and plans including work, learning, leisure and
their social lives. • training and support is provided to staff and volunteers so workers
understand, respect and act on the interests and skill development of people with a disability over time.
• they work with people with a disability and their community to promote opportunities and support their active and meaningful participation.
• they, with the consent of the person with a disability, work with an individual’s family, carer, significant other or advocate to promote their connection, inclusion and participation in the manner they choose.
• for people exiting the criminal justice system, they actively support the person to develop their interests and activities in ways that consider the rights and welfare of the broader community.
□ Not met □ Partially met □ Fully met
2.2 Service providers develop connections with the community to promote
The service provider should be able to demonstrate that they: • actively seek information about other supports and services in their local
community to enable people with a disability to achieve their goals and to minimise barriers to participation.
□ Not met □ Partially met
6
opportunities for active and meaningful participation
• ensure that staff and volunteers model respectful and inclusive behaviour when supporting people in their community as a way of promoting the uniqueness of each individual.
• develop ways to maintain and further develop their local connections so that options for people with a disability to be included and valued are increased over time.
• actively seek connections with the community for people exiting the criminal justice system.
□ Fully met
Standard 3 – Individual outcomes Each person is supported to exercise choice and control over the design and delivery of their supports and services. The intent of this standard is that a provider can demonstrate the following: 3.1 Service providers maximise person centred decision making. 3.2 Service providers undertake person centred approaches to planning to enable each person to achieve their individual outcomes. To demonstrate a capacity to comply with this standard, an applicant must meet or demonstrate a capacity to meet the following: Practice requirements
Practice elements Rating
3.1 Service providers maximise person centred decision making
The service provider should be able to demonstrate that they: • respect the right of each person to be at the centre of decision making and
to have responsibility, as much as possible, for each decision which affects them.
• support each person to determine the involvement of their family, carers and advocates in planning and decision making processes.
• respect the views of family and carers in planning and decision making processes. The person with a disability has the final say in the process.
• ensure staff and volunteers respond in innovative and flexible ways to each person’s need for decision support which reflect their individual and
□ Not met □ Partially met □ Fully met
7
cultural needs. • make every effort to enable a person to make a decision or assist families,
carers and advocates to come to an agreement before a substitute decision maker is engaged.
3.2 Service providers undertake person centred approaches to planning to enable each person to achieve their individual outcomes
The service provider should be able to demonstrate that they: • work together with the person to develop and implement a plan that
identifies and builds on the person’s strengths, aspirations and goals. Plans should draw on broader family, cultural and religious networks and community organisations.
• support each person, and (when necessary with consent) their family, carer or advocate to develop, review, assess and adjust their plan as their circumstances or goals change.
• recognise the importance of risk taking and enable each person to assess the benefits and risks of each option available to them and trial approaches even if they are not in agreement.
• work with other organisations and community groups to expand the range of service options available in their community.
• regularly review their person centred approaches to ensure the organisation has the capacity and capability to deliver flexible and responsive supports and services that meet individual needs and expectations.
□ Not met □ Partially met □ Fully met
STANDARD 4: Feedback and Complaints When a person wants to make a complaint, the service provider will make sure the person’s views are respected, that they are informed as the complaint is dealt with, and have the opportunity to be involved in the resolution process. The intent of this standard is that a provider can demonstrate the following: 4.1 Each person is treated fairly by the service provider when making a complaint. 4.2 Each person is provided with information and support to make a complaint. 4.3 Each service provider has the capacity and capability to handle and manage complaints.
8
To demonstrate a capacity to comply with this standard, an applicant must meet or demonstrate a capacity to meet the following: Practice requirements
Practice elements Rating
4.1 Each person is treated fairly by the service provider when making a complaint
The service provider should be able to demonstrate that they: • inform each person of their right to complain and work with the person,
their families and carer to try and resolve the issue. • provide a safe environment for each person to make a complaint. • ensure that there are no negative consequences or retribution for any
person who makes a complaint. • support participation in the complaint handling process of any person
wanting to make a complaint and work with the person to identify the desired goal.
• treat each person making a complaint in a manner that protects their privacy and respects confidentiality.
• are committed to and provide fair and timely resolution of complaints. • keep each person informed at all stages of the decision making process
concerning their complaint and the reasons for those decisions. • inform each person of their right to complain to an external body.
□ Not met □ Partially met □ Fully met
4.2 Each person is provided with information and support to make a complaint
The service provider should be able to demonstrate that each person: • has continuous and easy access to meaningful and culturally relevant
information about the service provider’s complaint policy and processes. • has the opportunity to have a chosen support person such as an advocate
to assist or represent them during the process. • making a complaint is supported by the service provider, in a way which
reflects their individual, cultural and linguistic needs to assist them to understand and participate in the complaint handling process.
• determines how, when and where the complaint will be made. • has the opportunity to nominate the person they want at the service
as the key contact regarding the complaint.
□ Not met □ Partially met □ Fully met
9
4.3 Each service provider has the capacity and capability to handle and manage complaints
The service provider should be able to demonstrate that they: • have a written complaints policy and associated processes which reflect
relevant legislation, standards and sector policy. • ensure that policies and processes include ways of responding to the
cultural and linguistic needs of individuals. • ensure that staff and volunteers are trained in complaint handling and
demonstrate understanding and capacity to implement complaint handling • record and analyse trends from complaints to drive organisational policy
development and continuous improvement. • support each person to participate in the review and development of local
complaint handling policy and processes and report outcomes to them and their families, carers or advocates.
• include a standing agenda item on complaint handling in Board and/or management committee meetings, with trends presented and implications for service planning discussed.
• are aware that some complaints need to be managed in a particular way, either because the person making a complaint has specific rights of review or because the complaint includes allegations that must be reported to an external body. For example, criminal allegations should be reported to the police.
• inform each person of their right to make a complaint (where relevant) to the NSW Ombudsman about the provision of a service by a service provider under the Community Services (Complaints, Review and Monitoring) Act 1993 (NSW).
□ Not met □ Partially met □ Fully met
STANDARD 5: Service Access Each person is assisted to access the supports and services they need to live the life they choose. The intent of this standard is that a provider can demonstrate the following: 5.1 Service providers make information available about their services. 5.2 Service providers have clearly defined processes to access services.
10
5.3 Service providers work with other organisations to increase each person’s support options. To demonstrate a capacity to comply with this standard, an applicant must meet or demonstrate a capacity to meet the following: Practice requirements
Practice elements Rating
5.1 Service providers make information available about their services
The service provider should be able to demonstrate that they: • are both proactive and responsive in providing people with a disability,
their families and carers information about the features and capacity of the services they offer.
• provide information about their services in formats that can be readily accessed and easily understood by the diverse mix of people within their community.
• use communication strategies that enable people with cognitive and/or sensory needs and diverse cultural styles to know how to access the service.
□ Not met □ Partially met □ Fully met
5.2 Service providers have clearly defined processes to access services
The service provider should be able to demonstrate that they: • develop and apply easy to understand, consistent and transparent access
processes so that each person is treated fairly and according to their assessed need.
• regularly review their information, policies and practices for service access in consultation with people with a disability, their families and carers to identify and minimise barriers that may impact on a person’s fair and equal access to services.
□ Not met □ Partially met □ Fully met
5.3 Service providers work with other organisations to increase each person’s support options
The service provider should be able to demonstrate that they: • understand the broad range of supports and services available to meet the
needs of people with a disability, their families and carers in the community.
• work with local community and other mainstream and specialist
□ Not met □ Partially met □ Fully met
11
organisations to maintain community engagement and referral networks • provide information and support to the person when recommending or
referring other services or activities.
STANDARD 6: Service Management Service providers are well managed and have strong and effective governance to deliver positive outcomes for the people they support. The intent of this standard is that a provider can demonstrate the following: 6.1 Each person receives quality services which are effectively and efficiently governed. 6.2 Each person receives quality services that are well managed and delivered by skilled staff with the right values, attitudes, goals and experience. To demonstrate a capacity to comply with this standard, an applicant must meet or demonstrate a capacity to meet the following:
Practice requirements
Practice elements Rating
6.1 Each person receives quality services which are effectively and efficiently governed
The service provider should be able to demonstrate that the corporate governance body of an organisation:
• is comprised of members who possess or can acquire appropriate knowledge, skills and training to fulfil all responsibilities which are clearly defined, documented and disclosed.
• is equipped and fulfils all responsibilities for strategic planning and developing visionary direction for the organisation based on person centred approaches and future industry needs.
• is able to exercise objective and independent judgement on corporate affairs which is separate to decision making on operational matters.
• is accountable to stakeholders and demonstrates high ethical standards acting in their best interests.
• monitors the effectiveness of the organisation’s governance policies and practices and makes changes as needed.
□ Not met □ Partially met □ Fully met
12
• ensures the integrity of the organisation’s accounting and financial reporting systems and that appropriate systems of control are in place for risk management, financial and operational control (including fire safety and appropriate insurance) and compliance with legislation and funding requirements.
• ensures the organisation has a quality management system and internal controls are in place to comply with relevant standards.
• uses feedback from stakeholders and the community to inform and develop continuous improvement strategies.
• regularly reviews its policies to reflect contemporary practice and feedback from people with a disability and other key stakeholders.
• recruits, supports and monitors senior management positions in line with the vision and values of the organisation and probity requirements.
• has strategies in place for communication with staff to promote continuous improvement and a collaborative, responsive organisation.
6.2 Each person receives quality services that are well managed and delivered by skilled staff with the right values, attitudes, goals and experience
The service provider should be able to demonstrate that they: • have written policies and associated processes which reflect relevant
legislation, standards, funding requirements and sector policy that are accessible to all stakeholders.
• have processes to monitor compliance with relevant legislation and policy and to continuously improve organisational performance.
• encourage and support people with a disability, their families and carers to participate in the planning, management and evaluation of the service.
• inform stakeholders how feedback has been used to improve service management and delivery.
• have a workforce planning and recruitment strategy in place to ensure the organisation has a skilled, engaged and responsive workforce.
• have processes in place for succession planning of leadership staff and other key positions.
• have recruitment practices that meet all probity requirements and ensure that the right workforce is recruited and maintained to deliver the range of services provided by the organisation to meet service delivery outcomes.
□ Not met □ Partially met □ Fully met
13
• provide regular staff and volunteer training, support and supervision to flexibly meet the needs of people they support.
• create and maintain accessible and safe physical environments in accordance with all fire safety requirements and occupational health and safety legislative and policy requirements.
• implement the organisation’s strategic and business plans utilising good practices including community.
14
Appendix A – Resources
Standard Resources Legislative obligations For links to legislation refer to: http://www.comlaw.gov.au or http://www.Austlii.edu.au (Commonwealth legislation) http://www.legislation.nsw.gov.au (NSW legislation)
Standard 1: Rights
• Australian Human Rights Commission www.humanrights.gov.au • Intellectual Disability Rights Service www.idrs.org.au • Legal Aid www.legalaid.nsw.gov.au • Anti-Discrimination Board
www.antidiscrimination.justice.nsw.gov.au • Guardianship Division www.ncat.nsw.gov.au • NSW Trustee and Guardian www.tag.nsw.gov.au • Information and Privacy Commission www.ipc.nsw.gov.au
Information on the Convention on the Rights of Persons with Disabilities refer to www.un.org/disabilities/convention/conventionfull Information on nutritional and behaviour management practices - Behaviour Support Policy 2009 and Nutrition and Swallowing Policy and Procedures 2010 and advocacy, abuse and neglect refer to http://www.adhc.nsw.gov.au
• Age Discrimination Act 2004 (Commonwealth)
• Anti-Discrimination Act 1977 (NSW) • Australian Human Rights
Commission Act 1986 (Commonwealth)
• Carers (Recognition) Act 2010 (NSW)
• Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW)
• Crimes Act 1900 (NSW) • Disability Inclusion Act 2014 (NSW)
and Disability Inclusion Regulation 2014
• Disability Discrimination Act 1992 (Commonwealth)
• Equal Opportunity for Women in the Workplace Act 1999 (Commonwealth)
• Guardianship Act 1987 (NSW) • Health Records and Information
Privacy Act 2002 (NSW) • Privacy Act 1988 (Commonwealth)
15
• Privacy and Personal Information Protection Act 1998 (NSW)
• Public Health Act 1991 (NSW) • Racial Discrimination Act 1975
(Commonwealth) • Sex Discrimination Act 1984
(Commonwealth) Standard 2: Participation and inclusion
Information on developing community partnerships
• Department of Social Services www.dss.gov.au • Community Building Partnership
www.communitybuildingpartnership.nsw.gov.au • Australia Council for the Arts www.australiacouncil.gov.au
• Anti-Discrimination Act 2004 (NSW) • Community Services (Complaints,
Reviews and Monitoring) Act 1993 (NSW)
• Disability (Access to Premises- Buildings) Standards 2010 (Commonwealth)
• Disability Inclusion Act 2014 (NSW) and Disability Inclusion Regulation 2014
• Disability Discrimination Act 1992 (Commonwealth)
Other relevant legislation • Carers (Recognition) Act 2010
(NSW)
16
Standard 3: Individual outcomes
Information on NSW decision making organisations, guidelines and resources • Ageing, Disability and Home Care (ADHC) www.adhc.nsw.gov.au • Guardianship Division www.ncat.nsw.gov.au • NSW Trustee and Guardian www.tag.nsw.gov.au • NSW Public Guardian www.publicguardian.justice.nsw.gov.au • Attorney General’s Department of NSW (2008) Capacity Toolkit
www.publicguardian.justice.nsw.gov.au/Documents/capacity_toolkit
Information on Person Centred Thinking and approaches • www.helensandersonassociates.co.uk • www.learningcommunity.us • Planning Tools www.inclusion.com • www.health.nsw.gov.au
• Community Services (Complaints, Reviews and Monitoring) Act 1993 (CS CRAMA) (NSW)
• Disability Inclusion Act 2014 (NSW) and Disability Inclusion Regulation 2014
• Guardianship Act 1987(NSW) • Health Records and Information
Privacy Act 2002 (NSW) • Mental Health Act 2007 (NSW) • NSW Trustee and Guardian Act
2009 (NSW) • Privacy and Personal Information
Protection Act 1998 (NSW)
Other relevant legislation • Carers (Recognition) Act 2010
(NSW) • Carers Recognition Act 2010
(Commonwealth)
17
Standard 4: Feedback and Complaints
Human rights • Information on the Convention on the Rights of Persons with
Disabilities www.un.org/disabilities/convention/conventionfull • Australian Human Rights Commission www.hreoc.gov.au
NSW complaints handling organisations, guidelines and resources The NSW Ombudsman offers a range of resources and training workshops across NSW on complaint handling, including: ■ Frontline skills for complaint handling ■ Effective complaint management systems for disability service providers ■ Managing unreasonable complainant conduct ■ Handling serious allegations against employees in disability services
Workshops on how to raise issues, resolve complaints and build positive relationships with service providers are also available for those that use community services, their families and advocates.
NSW Ombudsman Community Education and Training Unit: 02 9286 0900 or [email protected]
National complaint handling organisations • Complaints Resolution and Referral Service CRRS (CRRS)
www.crrs.org.au • Abuse and Neglect Hotline www.disabilityhotline.org • Australian Human Rights Commission www.hreoc.gov.au • Resources on establishing a good complaints management system
www.odsc.vic.gov.au/service-providers • Health Care Complaints Commission (HCCC) www.hccc.nsw.gov.au
• Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2 (CS CRAMA)
• Disability Inclusion Act 2014 (NSW) and Disability Inclusion Regulation 2014
18
Requirements for Providers of Specialist Disability Supports Existing ADHC funded and new providers of specialist disability supports must provide services that comply with:
• The Disability Inclusion Act 2014 (NSW) and Disability Inclusion Regulation 2014 (NSW),
• All other relevant laws of NSW and Australia, • Applicable codes of conduct, professional standards or quality assurance
standards, and • NSW Disability Services Standards (NSW DSS) or relevant comparable
standards. Comparable standards include National Standards for Disability Services, Attendant Care Industry Standards, Home Care Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework.
Performance Policy Quality Policy for ADHC funded services Brief description NSW Quality Framework for Disability Services is built on the
National Quality Framework for Disability Services in Australia and based on the NSW DSS, which align with the proposed revised National Standards for Disability Services. All providers must:
• Comply with the ADHC Quality Framework Policy, • Have a quality management system in place, and • Have their compliance with the NSW DSS verified through
an independent third party. Who the policy applies to
Existing ADHC funded providers and new disability support providers
URL http://www.adhc.nsw.gov.au/__data/assets/file/0011/256835/Quality_Policy_for_ADHC_funded_services.pdf
Guidelines NSW Disability Services Standards and Standards in Action Manual
Brief description The NSW DSS form the basis of ADHC's quality requirements and have been updated to reflect contemporary practices that place people with disability at the centre of decision making and choice about their supports and services. The NSW DSS have been streamlined and align to the proposed revised National Standards for Disability Services. Where an organisation has attained third party verification against the NSW DSS, they will be deemed to meet the requirements of the proposed revised National Standards for Disability Services.
Who the guidelines apply to
Existing ADHC funded providers and new disability support providers
URL http://www.adhc.nsw.gov.au/__data/assets/file/0008/235970/ADHC_Standards_in_action_combined_250513.pdf
19
Governance
School Education
Policy Governance policy for FACS funded disability service providers
Brief description Outlines the governance requirements appropriate to the size of an organisation to ensure sustainability, viability, efficiency and productivity
Who the policy applies to
Existing ADHC funded providers and new disability support providers
URL http://www.adhc.nsw.gov.au/__data/assets/file/0009/256833/Governance-policy-for-FACS-funded-disability-service-providers.pdf
Policy Sub-contracting and brokerage policy for FACS funded disability service providers
Brief description Outlines requirements for commissioning third party providers through sub-contracting and brokerage, including:
• Definitions of ‘brokerage’ and sub-contracting’, • Requirements for commissioning third part providers, and • Mechanisms that funded disability service providers should
use to adequately manage those arrangements in the context of their own obligations.
Who the policy applies to
Existing ADHC funded providers and new disability support providers
URL http://www.adhc.nsw.gov.au/__data/assets/file/0004/256837/Sub-contracting-and-brokerage-policy-for-FACS-funded-disability-service-providers.pdf
Policy School supports Brief description All NDIA registered providers must comply with any applicable
policy and guideline as advised by the relevant school, including preschool, about the provision of support to a student while at school. NSW Public Schools has developed a framework for principals to guide their interactions with external service providers, including those funded through the NDIS
Who the policy applies to
Existing ADHC funded providers and new disability support providers
URL Relevant NSW Public School or preschool principal to advise existing ADHC funded providers and new disability support providers.
20
Probity in Employment Policy Probity in Employment Policy for FACS funded disability
service providers Brief description • Designed to promote a strong culture of probity in employment
of persons (paid or unpaid) involved in delivering services and supports to people with disability.
• Confirms the major obligations under the Disability Inclusion Act 2014:
o To ensure that appropriate probity checking is carried out on individuals involved in the provision of disability supports and services,
o A prohibition on the employment or engagement of individuals who have been convicted of certain offences,
o A requirement to repeat criminal records checks every four years.
• Provides additional guidance and information on probity checking.
Who the policy applies to
Existing ADHC funded providers and new disability support providers
URL http://www.adhc.nsw.gov.au/__data/assets/file/0020/241355/Probity-in-Employment-Policy-for-FACS-funded-disability-service-providers.pdf
Disability Reportable Incidents Scheme Guidelines Disability Reportable Incidents Scheme Brief description Service providers of disability supported group accommodation
and centre based respite are required to notify the NSW Ombudsman of ‘reportable incidents’ involving people with disability. Service providers must report the following incidents to the NSW Ombudsman: 1. Employee to client incidents of sexual assault, sexual
misconduct, assault, fraud, ill-treatment or neglect, 2. Client to client incidents of sexual and physical assault
(causing serious injury or involving the use of a weapon), or that forms a pattern of abuse,
3. Contravention of an AVO taken out to protect a person with disability,
4. Serious unexplained injury of a person with disability. Notification forms and fact sheets are available on the NSW Ombudsman website.
Who the guidelines apply to
Existing ADHC funded providers and new disability support providers
URL http://www.ombo.nsw.gov.au/what-we-do/our-work/community-and-disability-services/part-3c-reportable-incidents
21
Death Legislation Community Services (Complaints, Reviews and Monitoring)
Act 1993 Part 6 - Reviewable Deaths Brief description Service providers must report information about the deaths of
children and adults with disability who, at the time of their death, were living in, or temporarily absent from, residential care provided by a service provider, or an assisted boarding house, to the NSW Ombudsman.
Who the legislation applies to
Existing ADHC funded residential care providers and new disability support residential care providers
URL https://www.ombo.nsw.gov.au/what-we-do/our-work/community-and-disability-services/reviewable-deaths
Policy Death Procedures Brief description The Procedures embody the principles of legal and human rights
found in the NSW DSS, the commitment to delivery culturally responsive services to Aboriginal and Torres Strait Islander people and person centred guiding principles. They provide direction to support workers in the event of a person becoming unresponsive, or if an unresponsive or deceased person is found. Providers must complete a Client Death Notification Form and notify Work Cover of notifiable incidents, including the death of a person arising out of work carried out by a business or undertaking a workplace.
Who the policy applies to
Existing ADHC funded residential care providers and new disability support residential care providers
URL http://www.adhc.nsw.gov.au/publications/policies/policies_a-z/?result_237652_result_page=D
Work Health and Safety Legislation Work Health and Safety Act 2011, Work Health and Safety
Regulation 2011 Brief description A 'person conducting a business or undertaking' (PCBU) is a legal
term under WHS laws for individual. As a PCBU you must meet your obligations, so far as is reasonably practicable, to ensure the health and safety of workers and other people like visitors and volunteers, and businesses or organisations that are conducting business.
Who the legislation applies to
Existing ADHC funded providers and new disability support providers. Participants/carers who are considered a PCBU.
URL https://www.workcover.nsw.gov.au/law-and-policy/employer-and-business-obligations/definitions-of-pcbus-and-workers
22
Workers Compensation Legislation Workers Compensation Act 1987, Workplace Injury
Management and Workers Compensation Act 1998, Workers Compensation Regulation 2010
Policy Workers compensation insurance policy Brief description All employers in NSW (except exempt employers): are required to
have a workers compensation insurance policy. Exempt employers are employers who pay $7 500 or less in annual wages, who do not employ an apprentice or trainee, or are part of a group for premium purposes.
Who the policy applies to
Existing ADHC funded providers and new disability support providers. Participants/carers who are employers.
URL https://www.workcover.nsw.gov.au/__data/assets/pdf_file/0008/19673/WC03885-0115-279606.pdf
Policy Notification of workplace incidents and injuries Brief description All employers and workers have specific obligations to report
workplace incidents and injuries. Who the policy applies to
Existing ADHC funded providers and new disability support providers. Participants/carers who are employers.
URL http://www.workcover.nsw.gov.au/__data/assets/pdf_file/0014/20732/Guidelines_for_claiming_compensation_benefits_1691.pdf http://www.workcover.nsw.gov.au/media/publications/workers-compensation-claims/workers-compensation-guide-for-employers
Policy Injury management programs Brief Description Under section 43(5) of the Workplace Injury Management and
Workers Compensation Act 1998 an employer must comply with obligations imposed by insurer’s injury management program i.e. the insurer’s written strategy for managing workplace injuries This requirement does not apply where the employer is a self-insurer.
Who the Policy Applies To
Existing ADHC funded providers and new disability support providers. Participants/carers who are employers.
URL http://www.legislation.nsw.gov.au/maintop/view/inforce/act+86+1998+cd+0+N
Policy Employer’s injury management plan obligations Brief Description Under section 46 of the Workplace Injury Management and
Workers Compensation Act 1998 an employer must participate and cooperate in establishment of an injury management plan, and comply with obligations imposed under that plan. This requirement does not apply where the employer is a self-insurer.
Who the Policy Applies To
Existing ADHC funded providers and new disability support providers. Participants/carers who are employers.
URL http://www.legislation.nsw.gov.au/maintop/view/inforce/act+86+1998+cd+0+N
23
Policy Suitable employment Brief Description Suitable employment needs to be provided by the employer when
a worker is unable to immediately return to their normal duties after an injury. Under section 49 of the Workplace Injury Management and Workers Compensation Act 1998 employers are required to provide suitable employment (as defined in section 32A of the Workers Compensation Act 1987) and, as far as reasonably practicable, that is the same as or equivalent to the employment the worker was in at the time of the injury. Suitable employment does not have to be provided if: • it is not reasonably practicable to do so • the worker voluntarily left employment either, before or
after, the commencement of the incapacity for work • the employer terminated the workers employment after
the injury, other than for the reason that the worker was not fit for employment as a result of the injury.
Note: It is an offence to dismiss an injured worker because they are not fit for employment as a result of the injury.
Who the Policy Applies To
Existing ADHC funded providers and new disability support providers. Participants/carers who are employers.
URL http://www.legislation.nsw.gov.au/maintop/view/inforce/act+86+1998+cd+0+N http://www.legislation.nsw.gov.au/maintop/view/inforce/act+70+1987+cd+0+N
Policy Return to work programs Brief Description A return to work program consists of the formal policy and
procedures that an employer must have in place to help injured workers with their recovery and return to the workplace. A return to work program must be developed within 12 months of becoming an employer and be done in consultation with the employer’s workers and any industrial union representing those workers. For a category one employer (an employer with a basic tariff premium exceeding $50 000 per annum, or is self-insured, or is insured by a specialised insurer and employs more than 20 workers) a return to work program must be developed in accordance with the guidelines for workplace return to work programs. A category two employer (any employer who is not a category one employer as described above), can use the standard return to work program prepared by the State Insurance Regulatory Authority.
Who the Policy Applies To
Existing ADHC funded providers and new disability support providers. . Participants/carers who are employers.
URL http://www.workcover.nsw.gov.au/__data/assets/pdf_file/0017/18305/guidelines_for_workplace_rtw_programs_2872.pdf
24
Privacy Legislation Privacy and Personal Information Protection ACT 1998 (NSW) Brief description The legislation applies to NSW public sector agencies. However,
ADHC funded providers (by virtue of their funding agreement with ADHC) and new disability service providers (by virtue of these working arrangements) are also required to comply with the 12 Information Protection Principles.
Who the legislation applies to
Existing ADHC funded providers and new disability support providers
URL http://www.austlii.edu.au/au/legis/nsw/consol_act/papipa1998464 Legislation Health Records and Information Privacy Act 2002 (NSW) Brief description • Outlines how health information should be managed.
• Includes 15 Health Privacy Principles that describe what to do when handling personal health information, including collection, storage, use, disclosure, as well as rights to access health information.
• Additional principles relate to identifiers, anonymity, transferrals and linkages.
Who the legislation applies to
Existing ADHC funded providers and new disability support providers
URL http://www.austlii.edu.au/au/legis/nsw/consol_act/hraipa2002370/ Legislation Privacy Code of Practice (General) 2003 (NSW) Brief description Allows departure from some privacy principles where an individual
lacks capacity Who the legislation applies to
Existing ADHC funded providers and new disability support providers
URL http://www.austlii.edu.au/au/legis/nsw/consol_reg/pcop2003251/ Legislation Health Records and Information Privacy Code of Practice 2005
(NSW) Brief description Allows sharing of information with other service providers in limited
circumstances Who the legislation applies to
The legislation applies to all health services providers in NSW, which includes providers of disability services or supports. Existing ADHC funded providers and new disability support providers are covered.
URL http://www.austlii.edu.au/au/legis/nsw/consol_reg/hraipcop2005458/
25
Child Protection Legislation Children and Young Persons (Care and Protection) Act 1998 Brief description Defines certain classes of people who work with children and their
managers as mandatory reporters, who have a statutory obligation to report children who are at risk of significant harm (ROSH) to Community Services Child Protection Helpline on 132 111 when there are reasonable grounds to suspect that a child, or children, are at risk of significant harm from abuse or neglect.
Who the legislation applies to
Existing ADHC funded providers and new disability support providers who provide services to children and young people.
UURL http://www.legislation.nsw.gov.au/#/view/act/1998/157/whole Policy Child Protection Guidelines Brief description Designed to assist staff to understand their obligations and
responsibilities when they are concerned that children and young people are at risk of, or are being, neglected or abused, including:
• an overview of the main legal compliance issues they need to be familiar with,
• the responsibilities when they suspect neglect or abuse, or risk of neglect or abuse,
• what action to take when the behaviour of families, carers or staff gives rise to concerns,
• links to relevant supporting documents and external resources.
Who the policy applies to
Existing ADHC funded providers and new disability support providers who provide services to children and young people
URL http://www.adhc.nsw.gov.au/__data/assets/file/0019/232732/ADHC_Child_Protection_Guidelines.pdf
Legislation Child Protection (Working with Children) Act 2012 (NSW) Brief description Aims to protect children by:
• Not permitting certain persons to engage in child-related work,
• Requiring persons engaged in child-related work to have working with children check clearances.
Who the legislation applies to
Existing ADHC funded providers and new disability support providers who provide services to children and young people
URL http://www.austlii.edu.au/au/legis/nsw/consol_act/cpwca2012388/s3.html Policy Working with Children Check Brief description Sole traders and individual employers must verify their Working
With Children Check as part of the NDIA registration process, where they are providing child related supports.
Who the legislation applies to
Sole traders and individual employers
URL Employer's Guide Legislation Ombudsman Act 1974 (NSW) - Part 3A Employment-related
child protection
26
Brief description • Requires the NSW Ombudsman to keep under scrutiny the systems that government and certain non-government agencies in NSW have for preventing reportable conduct and handling reportable allegations and convictions involving their employees.
• ‘Designated agencies’ must notify the NSW Ombudsman of all reportable allegations and convictions that arise inside and outside the employee’s work.
• ‘Other public authorities’ are only required to notify reportable allegations or convictions that arise in the course of the employee’s work.
• ‘Reportable conduct’ includes sexual offences, misconduct, assault, ill-treatment, neglect and behaviour that causes psychological harm to children.
Who the legislation applies to
Existing ADHC funded providers and new disability support providers who provide child care centres and substitute residential care to children and young people
URL http://www.ombo.nsw.gov.au/what-we-do/our-work/employment-related-child-protection
Guidelines Child Wellbeing and Child Protection - NSW Interagency Guidelines
Brief description • Provides information and guidance to all agencies involved in the delivery of child wellbeing and child protections services in NSW.
• One of the Keep Them Safe mechanisms that support collaborative practice.
• Outlines legislation governing child protection and child wellbeing services in NSW, roles and responsibilities, guidance to child protection reporting and response, prevention and early intervention strategies, guidance to court processes, case management and information exchange.
Who the guidelines apply to
Existing ADHC funded providers and new disability support providers who provide services to children and young people
URL http://www.community.nsw.gov.au/kts Policy Out of Home Care Brief description Guides the provision of placements for children and young people
with a disability, by: • Defining the types of out-of-home care placements and
supports that are available to children (aged 0-15 years) and young people (aged 16-17 years) with a disability,
• Detailing best practice principles to guide the provision of out-of-home care placements,
• Providing practice guidelines for the establishment and provision of out-of-home care placements.
27
Who the policy applies to
Existing ADHC funded providers and relevant new disability support providers who provide:
• Statutory and supported out-of-home care placements • Long-term voluntary out-of-home care placements • Unplanned, crisis placements
URL http://www.adhc.nsw.gov.au/__data/assets/file/0006/254490/OOHC_Policy_-_Internet.pdf
Policy Voluntary Out of Home Care Brief description NDIS registered providers operating in NSW who wish to provide
VOOHC must register their details with the OCG, and complete the VOOHC Registration and Self-Certification Checklist.
Who the policy applies to
Existing ADHC funded providers and relevant new disability support providers who provide voluntary out of home care, including overnight centre-based respite, host family care, residential placements and camps that provide respite or address challenging behaviour
URL VOOHC Registration, Self-Certification and Monitoring Guide VOOHC Statutory Procedures VOOHC Register Manual
Health Policy Health care Brief Description
Services ensure that each person with disability, residing in an accommodation service or using a centre based respite service, is supported to be as healthy as possible by having an annual health assessment with a General Practitioner and a Health Care Plan that is implemented and reviewed regularly. When there is an observable change in the person’s health or wellbeing, staff support the person to access appropriate health services as soon as possible.
Who the Policy Applies To
Existing ADHC funded providers and new disability support providers who provide accommodation support services (including group homes and large, medium and small residential centres) and centre-based respite services.
URL http://www.adhc.nsw.gov.au/data/assets/file/0007/228094/Health_Care_Policy_and_Procedures_April_2012.pdf
Policy Nutrition and Swallowing Brief Description
Services ensure that each person with disability residing in an accommodation support service or using a centre based respite centre has an annual nutrition assessment to identify nutrition and swallowing risks and eating and drinking support needs. If the person’s support and nutritional needs change or risks are identified, management plans are developed by appropriate health care professionals for immediate implementation by the service provider.
Who the Policy Applies To
Existing ADHC funded providers and new disability support providers who provide accommodation support services (including group homes and large, medium and small residential centres) and centre-based respite services.
28
URL http://www.adhc.nsw.gov.au/data/assets/file/0015/228120/Nutrition_and_swallowing_policy_and_procedures_Apr_2012.pdf
Policy Palliative Care Brief Description
Services will support a person with disability who has been diagnosed with a progressive advanced disease or terminal illness to develop, implement and review a palliative care plan.
Who the Policy Applies To
Existing ADHC funded providers and new disability support providers who provide accommodation support services.
URL http://www.adhc.nsw.gov.au/data/assets/file/0003/228126/Palliative_Care_Policy_April_2012.pdf
Policy Epilepsy Brief Description
• Services ensure that all people with epilepsy have an Epilepsy Management Plan that is developed in consultation with a General
• Practitioner or neurologist and is reviewed at least once a year.
• A person with epilepsy and ongoing seizures can be at risk of injury during a seizure and regular audits of the person’s environment are required to minimise that risk.
Specific risk management strategies are to be implemented for a person with epilepsy and ongoing seizures during any water based activity. Support staff are required to understand their role in responding to a convulsive seizure.
Who the Policy Applies To
Existing ADHC funded providers and new disability support providers who provide accommodation and respite support services.
URL http://www.adhc.nsw.gov.au/data/assets/file/0011/228089/Epilepsy_Policy_April_2012.pdf
Mental Health Policy Accommodation Support Policy Brief description All NDIA registered providers of NDIS supports to mental health
consumers must comply with any applicable policy and guideline as advised by the relevant NSW Local Health District Mental Health Service. This includes ensuring that NDIS supports are provided in a way that supports the recovery of mental health consumers. The recovery model assumes that people with complex support mental health conditions have the capacity to improve and obtain a life that is not defined by their illness. NDIA registered providers will work with mental health services, mainstream and specialist services and the local community to ensure that supports are provided in an integrated and coordinated way.
Who the policy applies to
Relevant NSW Local Health District Mental Health Service to advise existing ADHC funded providers and new disability support providers.
29
Accommodation Policy Accommodation Support Policy Brief description Sets out service principles for the provision of person-centred
accommodation support to people with disability, based on their disability support needs and preferences
Who the policy applies to
Existing ADHC funded providers and new disability support providers
URL http://www.adhc.nsw.gov.au/__data/assets/file/0019/228043/ADHC_AccSupp_Policy_WEB.pdf
Fire Safety Policy Fire Safety Brief description Services are responsible for ensuring:
• The environment in which services are provided is safe and hazards are minimised,
• All employees are familiar with all fire emergency equipment and facilities in the workplace and participate in regular fire safety programs,
• Emergency management and evacuation plan and procedures are in place taking into account the support needs of people with disability,
• Engagement occurs with the local community in developing fire safety procedures.
Who the policy applies to
Existing ADHC funded providers and new disability support providers
URL http://www.adhc.nsw.gov.au/__data/assets/file/0015/251232/Fire_safety_fact_sheet_Dec2013.pdf
Supporting People Policy Lifestyle Planning Brief Description
Providers must use the Lifestyle Planning Policy and Guidelines when planning with people using ADHC operated accommodation support services. Providers will develop a Lifestyle Plan for every person entering their service within three months of entry. Positive planning outcomes are dependent on understanding the person’s communication style and method, learning what things are important to and for the person, and acting on the information.
Who the Policy Applies To
Existing ADHC funded providers
URL http://dadhc-intranet.nsw.gov.au/documents/policy-and-practice/lifestyle-planning/lifestyle-planning/Lifestyle-Planning-Policy.pdf
Policy Decision Making and Consent Brief Description Services are required to involve the person in all decisions that affect the
person’s life. No other person can make decisions for a person who is 16 years and older except when the person lacks capacity to make some decisions. Services will support people to make their own decisions and family and others provide informal decision making support where it is needed. A guardian with a specific decision making function is legally appointed to make critical decisions, for example, choosing accommodation.
30
Who the Policy Applies To
Existing ADHC funded providers and new disability support providers.
URL http://www.adhc.nsw.gov.au/data/assets/file/0006/228084/Decision_Making_and_Consent_Policy_and_Procedures_Apr_2012.pdf
Policy Wills and Estates Policy and Procedures Brief description • Supports people with a disability to participate in decisions
about their finances and property and the disbursement of these through a Will.
• A Will should be reviewed every five years or whenever a person’s circumstances change.
• Providers must maintain procedures to develop and review wills and distribute estates.
Who the policy applies to
Existing ADHC funded providers (As guidance only for new disability support providers)
URL http://www.adhc.nsw.gov.au/__data/assets/file/0006/228129/Wills_and_Estates_Policy_April_2012.pdf
Policy Abuse and Neglect Brief Description Services are obliged to prevent abuse and neglect to a person in
the first instance. When prevention strategies fail to protect the person, services are to recognise, respond to and report any form of abuse and neglect as appropriate. Wherever possible, people with disability are supported to understand when they are being abused and to know how to report it to the right authority.
Who the Policy Applies To
Existing ADHC funded providers and new disability support providers
URL http://www.adhc.nsw.gov.au/data/assets/file/0020/228062/Abuse_and_Neglect_Policy_and_procedures.pdf
Policy Client Risk Brief Description Services are to ensure that risks to people with disability are identified so
that adverse effects on their lifestyle, health and wellbeing and safety can be prevented, minimised or eliminated. Services are required to meet their Work Health and Safety obligations to provide maximum safety for the person with disability, support staff, management, contractors, volunteers and others, whatever the situation or location.
Who the Policy Applies To
Existing ADHC funded providers and new disability support providers.
URL http://www.adhc.nsw.gov.au/data/assets/file/0009/228078/Client_Risk_Policy_and_Procedures_Apr_2012.pdf
Policy Behaviour Support Policy Brief description Outlines minimum requirements in providing a behaviour support
service to adults, children or young people with an intellectual disability
Who the policy applies to
Existing ADHC funded providers and new disability support providers
URL http://www.adhc.nsw.gov.au/__data/assets/file/0007/228364/Behaviour_Support_Policy_March2012_updated.pdf
Policy Behaviour Support: Policy and Practice Manual 2009
31
Brief description • Provides guidelines to safeguard the rights of the individual service user and promotes the use of person-centred positive behaviour support practices.
• Provides a contemporary, practical resource for the development of high quality and consistent support and intervention practices that adhere to relevant departmental policy and procedures and legislative standards.
Who the policy applies to
Existing ADHC funded providers and new disability support providers
URL https://www.adhc.nsw.gov.au/sp/delivering_disability_services/behaviour_support_services/behaviour_support_policy_and_practice_manual
Guidelines Restricted Practices Authorisation Mechanism Operation Guide
Brief description • Intended as a useful guide to the operational aspects of an effective Restricted Practice Authorisation (RPA) mechanism.
• Seeks to promote consistency in the operation of RPA procedures within ADHC and across the funded sector.
Who the guidelines apply to
Existing ADHC funded providers and new disability support providers
URL https://www.google.com.au/rpa-mechanism-operational-guide-osp.pdf Legislation Community Services (Complaints, Reviews and Monitoring)
Act 1993 (NSW) Brief description • NDIS participants can make complaints about service providers
to the NSW Ombudsman • The NSW Ombudsman can monitor and review services
provided to NDIS participants • Official Community Visitors can visit NDIS participants living in
an accommodation service if in full-time care of a service provider
• The NSW Ombudsman can review the death of a NDIS participant living in residential care provided by a NDIS service provider
Who the legislation applies to
Existing ADHC funded providers and new disability support providers
URL http://www.austlii.edu.au/au/legis/nsw/consol_act/csrama1993583/
