SERVICE USERS Includes people with disability accessing services, friends, family, and others raising a complaint or concerned about their rights & responsibilities.
Service user rights · You have the right to complain about a disability service provider · You have the right to make an anonymous complaint · You have the right to know how to make a complaint and to be provided with appropriate assistance to make a complaint.
Service user responsibilities · You are responsible for providing Disability Services Commissioner (DSC) with information to help us understand your concerns and handle a complaint · We ask that you tell us if it’s okay for us to proceed with the complaint and: o to inform a service provider about your complaint o to request information about you from service providers and other agencies.
SERVICE PROVIDER or us, Respite Now
Service provider rights · You have the right to access resources, information and training from DSC to help you improve the complaints culture at your organisation · You have the right to contribute information and feedback to DSC during and after the complaints process · You have the right to receive warning and object if your organisation is to be named in the DSC annual report as a result of failing to take action to remedy a complaint after being provided a notice by DSC
Service provider responsibilities · You are responsible for complying with inspections by DSC authorised officers · You are responsible for providing DSC with information as requested during assessments, reviews and investigations · You are responsible for reporting to DSC following receipt of a Notice to Take Action or Actions to Remedy related to an investigation · You are responsible for reporting to DSC every year with data relating to complaints received by your organisation
THE VICTORIAN DISABILITY CODE OF CONDUCT OUR STAFF ABIDE BY Five obligations for disability service workers:
1. You must provide services without engaging in abuse, exploitation, harassment or neglect. 2. You must report any form of abuse or suspected abuse. 3. You must not engage in sexual abuse or misconduct and must report any such conduct by other workers, people with a disability, family members, carers or community members. 4. You must show respect for cultural differences when providing services. 5. You must act ethically, with integrity, honesty and transparency.
Obligation 1: You must provide services without engaging in abuse, exploitation, harassment or neglect. Zero tolerance of abuse of people with a disability requires that a disability service worker appreciates people with a disability have needs, preferences and feelings just like everyone else. It also requires workers to actively listen to, and prioritise, the preferences of people receiving support services, where it is safe to do so.
To meet this obligation you must: • Treat people with a disability with dignity and respect, and uphold their human rights. • Never abuse, exploit, harass or neglect a person with a disability. • Always take action to ensure a person with a disability you have reason to believe may have been abused, exploited, harassed or neglected receives appropriate support (for example, medical support, counselling and support to report abuse to the police). • Actively listen to people with a disability and their families, carers and advocates to deliver support with their interests and needs in mind. • Support people with a disability to meaningfully engage with their local community and society. • Exercise professional and ethical judgement when providing services.
Obligation 2: You must report any form of abuse or suspected abuse. Zero tolerance of abuse of people with a disability requires all disability service workers to report any form of abuse. Reporting in this context means reporting to your supervisor or manager. Reporting to other authorities should occur in line with your organisation’s reporting policy and procedures. This includes reporting any abuse committed by colleagues, other workers, family members, carers, people with a disability or community members.
To meet this obligation you must: • Take all allegations of abuse seriously. • Report any abuse or suspected abuse to your supervisor or manager and, if necessary, other relevant authorities in line with your organisation’s reporting policy and procedures. This includes reporting incidents that raise concerns about the support provided by another worker. • If you think your employer has not acted on your first report and people with a disability are at risk, report the abuse or suspected abuse to other authorities such as the Disability Services Commissioner. • Facilitate access to independent support, such as an advocacy service or the Office of the Public Advocate, where a person’s rights are not being upheld. • Participate in training, information sessions and supervision provided by your employer that assists you to understand what abuse is and its various forms, and the application of the code of conduct.
Obligation 3: You must not engage in sexual abuse or misconduct and must report any such conduct by other workers, people with a disability, family members, carers or community members. All forms of sexual misconduct and sexual abuse are unacceptable and are a violation of the code.
To meet this obligation you must: • Always report sexual misconduct and abuse. • Recognise the power imbalance between you and a person receiving your support and how this affects the kinds of behaviour that are appropriate. • Never engage in any sexual conduct with a person who you support, including actions committed by force, intimidation, coercion or manipulation. • Never engage in any form of sexual activity or behaviour with a person who you support. This includes sexual advances and sexual, personal or erotic comments.
Obligation 4: You must show respect for cultural differences when providing services. Cultural respect involves recognising and valuing the diversity of people and creating an inclusive environment where it is safe for people with a disability to express their cultural, religious and sexual identity. To meet this obligation you must: • Be aware of and actively listen to the expressed needs, values and beliefs of people from cultural, religious and ethnic groups that are different from yours, about culturally relevant needs that affect the delivery of support services. This includes people with a disability, their families, carers and advocates. • Consult with families, carers, advocates and other supports to clarify cultural expectations when these are unclear or not currently being met. • Respect religious or spiritual beliefs and practices that are different from your own. • Ensure cultures that are different from your own are acknowledged and respected. Obligation 5: You must act ethically, with integrity, honesty and transparency. Acting ethically means upholding professional obligations while providing support services and avoiding situations that will violate community standards and the expectations of those receiving support. Acting with integrity means doing the right thing even if no one is watching. Acting with honesty and transparency means being open and clear about what you are doing and being careful to avoid situations that could be seen as a conflict of interest. By demonstrating these values in all aspects of your work, you can provide high-quality support services. To meet this obligation you must: • Respect the privacy of people with a disability and their families, carers and advocates. • Display professionalism while providing support services. • Communicate in a language, form, manner and tone that enables people with a disability to understand the information provided and to make their preferences known. • Maintain appropriate professional boundaries, and act at all times to protect the boundaries of the professional relationship. • Always recommend and provide supports that serve the needs and interests of people with a disability. • Never use the power you have over people with a disability you support for personal gain.
