HOW WE SUPPORT YOU
PARTICIPANT RIGHTS AND RESPONSIBILITIES
Person-centred Supports Policy and Procedure
Policy
The Policy outlines how Amazing Grace Community Services works in a person-centred way.
Policy objectives
This Policy aims to support NDIS participant's legal and human right to live the life they want to lead.
Policy statement
The Amazing Grace Community Services believes that people with a disability have a human right to live the life they want and to be active and meaningful participants in society.
The Amazing Grace Community Services believes that NDIS participants have the right to choose the supports they would like and how that support will be delivered.
The Amazing Grace Community Services places the participant at the centre of all decision making and services.
The Amazing Grace Community Services is committed to working with participants to understand their hopes, goals, preferences and needs and to develop individual plans that reflect these.
The Amazing Grace Community Services aims to do person-centred work throughout the whole organisation, from governance, quality, complaints, human resources, and services.
Policy scope
This Policy applies to all management, staff, and contractors of Amazing Grace Community Services. For the purpose of this document, the definition of a staff member is any person with whom Amazing Grace Community Services has a formalised agreement to provide work and/or a service as a direct staff member or independent contractor.
Procedure
The Procedure is below.
Person-centred planning
NDIS service planning must be driven by the participant. Planning will document participant’s hopes (aspirations) and goals, particularly relating to participation, relationships, culture, independence, and wellbeing (as well strategies to achieve these goals and aspirations). Staffs can use the following tools to support person-centred planning, where they suit the participant/service type (as examples):
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One-page Profiles;
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communication profiles;
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validated assessment tools; and
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relationship circles.
The Amazing Grace Community Services staff should tell participants about planning activities, and do planning activities, in the language and mode that they best understand. This may include using communication aids, familiar communication partners, plain English, pictures and / or interpreters.
Service delivery
The way supports are delivered must be driven by the participant. This includes choice and control of the cultural background and gender of the staff and the time, location, and manner of service delivery (Amazing Grace Community Services will take all reasonable actions to meet these preferences).
Supports should also:
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Respect participant’s human and legal rights to make choices.
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Position decision making and choice with the participant and their allies.
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Focus on the participant, who they are, their unique interests, lifestyle preferences and needs. This includes preferences driven by participant’s cultural background, family, beliefs and connection to land, spirit, and culture.
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Concentrate on the aspirations, hopes and dreams that the participant and their family have for their future life.
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Involve family, carers, friends, significant others, advocates, and other service providers (as directed by the person with a disability) to encourage the growth of the participant’s informal network and community.
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Promote genuine social inclusion and community participation.
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Build independence skills and connections to informal supports and mainstream services to reduce reliance upon the specialist service system.
Staff training
All NDIS staff should be provided with training in person-centred approaches as part of their induction as well as human and legal rights of people with a disability.
Organisational culture
Participant direction, feedback and input will be sourced at all levels of the organisation to drive a whole of person-centred organisational approach, including in the development of policies and procedures.
Person-centred approaches and carers
Although person-centred planning and service delivery centres around the person with a disability, carers are also important. Amazing Grace Community Services recognises carers and the key role they play. The carer’s view should be respected with the person with a disability’s views at the centre of all planning and decision making.
Independence and Informed Choice Policy and Procedure
Policy
This Policy is about how Amazing Grace Community Services promotes participant’s right to independence and informed choice.
Policy objectives
This Policy aims to direct staff in:
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helping participants to make decisions;
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giving participants information about decisions at the right time and in a way that the participant prefers (e.g., language, mode of communication and terms);
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supporting participants to take risks and make informed choices about the benefits and risks of each option / choice;
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respecting each participant's choice, including their right to intimacy and sexual expression; and
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giving each participant enough time to think about their options and seek other advice, including use of an independent advocate.
Policy statement
The Amazing Grace Community Services recognises, supports, and respects NDIS participant’s human rights to:
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express themselves;
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make decision;
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take risks (dignity of risk);
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control their services; and
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have independence in their lives.
The Amazing Grace Community Services recognises the significant role of families, friends, advocates, guardians, communities, and carers in helping to support the rights of participants and keep them safe.
Policy scope
This Policy applies to all management, staff, and contractors of The Amazing Grace Community Services. For the purpose of this document, the definition of a staff member is any person with whom The Amazing Grace Community Services has a formalised agreement to provide work and/or a service as a direct staff member or independent contractor.
Procedure
The Procedure is as follows.
Planning, service delivery and review
Staff should help participants to make informed choices within service planning, service delivery and service review activities. This is done through doing the following:
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each participant is given a NDIS Service Agreement and Participant Handbook which tells them about their rights and what to expect from The Amazing Grace Community Services;
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participants may have an Individual Support Plan, where suitable to the type of service being delivered, which is led by the preferences, goals, choices, and decisions of the participant;
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any Behaviour Support Plans (BSPs) are developed collaboratively with participants and their supporters;
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each participant is provided information, at the right time, on what occupational therapy and positive behaviour support is, and the type of support it can provide to participants;
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participants can direct what support they would like to receive, where support is provided and through which type of worker (where relevant);
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participants can receive supports that helps them to live their life the way they choose, even if it doesn’t align with the worker’s own values including sexuality, culture, level of risk and religious belief etc.;
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staff are to assume participants have capacity to make decisions, make choices, and provide consent regardless of their disability; and
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participants can exit and re-enter the organisation’s supports at any time, without prejudice (if eligible for supports).
Any staff member who believes they cannot agree with a person’s decision because of their own values should refer the matter to the Disability Services Coordinator.
Informed decision making
Staff should help participants to make decisions and choices related to their life. Collaboration and consultation (and other people where appropriate) promote participants active choice and control.
The amount or type of support required by people with disability to make decisions will depend on the specific person, decision and / or the situation. Information must be provided at the right time, and at the right level, to help informed decision making.
Participants should receive communication about choices in ways that suit them. Staff should think about: is assistive technology required, do materials need to be translated, can we use Plan English, should a familiar communication partner be at the meeting, how do we plan for meetings where we plan to share information, how do we need to account for a participant’s pain and fatigue levels, is an interpreter required?
Consent
Consent is required for each decision. Consent at one time, or about one event, does not imply consent for future decisions, occasions, or events.
Participants should be informed that they have the right to change their mind or change their consent. If a person chooses to stop using Amazing Grace Community Services that choice must be respected and supported.
Staff should start at the base presumption that everyone can make some contribution to consent/a decision.
Amazing Grace Community Services recognises that a person’s decision-making capacity can be lost, temporarily or permanently, or regained and that even if a person lacks capacity regarding some decisions, this does not mean that they lack decision-making ability in all situations.
Informal substitute decision-making
Informal decision-making is where a person deciding on behalf of another person has not been legally appointed. People who can make informal decisions include the person’s family, friends, carer or nominated support.
Most decisions can be made informally, including decisions about who a person wishes to see, their work, leisure, recreation, holidays or accessing services.
Staff must ensure that all informal decision-making arrangements are clearly recorded on the participant’s file and communicated to other relevant staff. Decisions can then be pursued through the agreed informal arrangements.
Formal substitute decision-making
Formal decision-making arrangements must be implemented when informal decision-making is insufficient, such as when:
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there is conflict over decisions being made about the person;
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where specific legislative requirements exist (e.g., consent to medical treatment); or
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where the person has a guardian or appointed nominee or decision maker.
Formal arrangements should take a rights-based approach and consider the participant’s individual wishes as much as possible regardless of their impaired decision-making capacity.
Staff must record and maintain information about formal decision-making arrangements on participant files. Any amendments to a person’s decision-making arrangements must be clearly recorded and communicated to relevant staff as soon as practicable.
Staff must refer any issues relating to formal decision making to the Managing Director.
Dignity of risk
Occasions will arise when a participant’s choice involves the participant taking risks. This may conflict with what staff, families and others see as their own duty of care. Amazing Grace Community Services staff should in these situations:
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ensure the participant is making an informed choice about the risks, consequences, and benefits;
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do everything possible to support the decision, including finding solutions to minimise risks if they may cause serious harm;
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consider any preparation and precautions available to deal with the situation;
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encourage participants to seek advice from an advocate by providing relevant information about the benefits and risks involved in activities; and
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consider resources that can be allocated to support the participant including solutions to minimise risks if they may cause serious harm.
When participants choose an activity that could harm themselves or others, but understands the risks, staff should:
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discuss the decision of the participant with the Disability Services Coordinator;
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balance the participant’s right to choose with potential risks / harm; and
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record any decisions, information communicated to the participant and actions on the participant’s file.
Staff also need to act (duty of care) to ensure that participants do not suffer harm or loss either physically, financially, or psychologically due to any action, or inaction by the organisation and its staff. Any accident or injury to participants or staff is to be reported on the Incident Register and in line with the Participant Incident Management Policy and Procedure. Further, any participant risks form part of The Amazing Grace Community Services’ risk management approach and are to be recorded on the Participant Risk Register.
Breaches to duty of care
All staff have a duty of care not to cause harm. Breaches of duty of care will be managed on a case-by-case basis and in accordance with applicable policies.
Provision of staff training
The Amazing Grace Community Services should support staff to receive training as part of their induction on choice and control, independence, duty of care and dignity of risk.
Organisational culture
The Managing Director should promote and protect participant’s rights including freedom of expression, independence, self-determination, and choices.
Input from people with a disability and community members forms part of Amazing Grace Community Services’ governance, risk management and quality improvement approaches. This will assist in shaping the organisation’s culture to one that listens and improves on the advice of people with a disability.
Amazing Grace Community Services will also monitor feedback and complaints to identify opportunities to improve choice and control for participant’s accessing its services.
Individual Values and Beliefs Policy and Procedure
Policy
This Policy is about how Amazing Grace Community Services promotes the rights of participants to express their individual values and beliefs.
Policy objectives
This Policy aims to direct staff in:
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identifying and carefully responding to the culture, diversity, values, and beliefs of each participant, as directed by the participant; and
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supporting participant's right to practice their culture, values and beliefs while accessing NDIS supports.
Policy statement
The Amazing Grace Community Services recognises, respects, and values the diversity of its NDIS participants and communities in which it operates.
The Amazing Grace Community Services is committed to supporting participants to build their capacity, so they can take part in practices, ceremonies, events, and activities that relate to their culture, communities, and beliefs.
Policy scope
This Policy applies to all management, staff, and contractors of The Amazing Grace Community Services. For this document, the definition of a staff member is any person with whom The Amazing Grace Community Services has a formalised agreement to provide work and/or a service as a direct staff member or independent contractor.
Procedure
The Procedure is below.
Legal responsibilities
The Amazing Grace Community Services’ policies and practices are free from discrimination and comply with equal opportunity and anti-discrimination legislation.
Unlawful discrimination will not be tolerated by staff and visitors.
Accessibility
NDIS supports provided by Amazing Grace Community Services are accessible, suitable, and effective for a broad range of people with diverse needs.
Amazing Grace Community Services promotes and provides access to information about its services in a manner which is likely to reach potential participants with diverse needs.
Amazing Grace Community Services provides a service environment which is accessible and welcoming.
The use of augmentative and alternative communication methods may be undertaken to supplement or replace speech or writing for those with impairments in the production or comprehension of spoken or written language. These methods include the display of text, large print, tactile communication, easy English, accessible information, and use of technology.
Supporting diverse participants
All participants are treated equally with a welcoming, non-judgemental, and professional attitude. Amazing Grace Community Services provides support that is free from stigma, discrimination, and stereotyping.
Staff should make themselves aware of specific issues related to, and respond effectively to, diversity aspects of participants, including but not limited to:
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Aboriginal and Torres Strait Islander people, including recognising diversity across individuals and communities;
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people from cultural and linguistically diverse backgrounds;
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those with diverse sexuality and gender/gender history;
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people of different ages;
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people experiencing varied disability and neurodiversity; and
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people with diverse religious and spiritual beliefs.
People from culturally and linguistically diverse backgrounds
Amazing Grace Community Services considers culture and diversity in the delivery of supports. The Amazing Grace Community Services uses interpreters through the Translation Interpreting Services (TIS). Staff should be aware of the potential need to include family members in treatment, particularly if the participant comes from a collectivist perspective and requests family involvement.
Gay, lesbian, bisexual, transgender or intersex people
Amazing Grace Community Services must not discriminate based on sexuality or identity preferences. Amazing Grace Community Services should develop working relationships with gay, lesbian, bisexual, transgender or intersex health services and provides appropriate referral pathways when needed.
Disability and neurodiversity
Amazing Grace Community Services must not preclude participant’s access to programs and services on the grounds of disability (noting the organisation accepts referrals for participants based on the organisation’s skill level and support offerings). Amazing Grace Community Services respects neurodiversity and the individual strengths that people with neurodiversity different bring to society. The organisation will work in a way that is neurodiversity affirming.
Criminal justice participants
Amazing Grace Community Services must not exclude participants access to supports solely on the grounds of past and / or current involvement in criminal justice system. Education, information, and support are provided to staff on service responsibilities and best practice when working with people connected to the criminal justice system.
The Amazing Grace Community Services acknowledges the significant role access to supports have in supporting people with contact with the criminal justice system.
Workforce
Amazing Grace Community Services aims to have a diverse workforce (noting limitations due to its small workforce) as the organisation actively acknowledges, supports, encourages and values diversity.
Amazing Grace Community Services recognises the diverse talents and life experiences of its staff, attracting and retaining people from its local communities, equal employment opportunity target groups and other diversity areas.
Privacy and Dignity Policy and Procedure
Policy
This Policy is about how Amazing Grace Community Services safeguards the privacy and dignity of its participants.
Policy objectives
This Policy aims to:
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promote effective ways of doing things to respect and protect participant's personal privacy and dignity;
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direct staff in supporting participants to understand privacy policies (in the language, mode of communication and terms that the participant is most likely to understand); and
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direct staff in supporting participants to understand what personal information will be collected and why.
Policy statement
Amazing Grace Community Services believes that participants have the right to maintain their dignity and privacy, including when accessing The Amazing Grace Community Services supports.
Amazing Grace Community Services is committed to ensuring the privacy and confidentiality of all personal information affiliated with its business undertakings.
Amazing Grace Community Services follows the terms and conditions of privacy and confidentiality in accordance with the Australian Privacy Principles (APPs) as per schedule 1 of the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth), forming part of the Privacy Act 1988 (‘the Act’).
Amazing Grace Community Services aims to promote good practices around record keeping, worker communication and worker values relating to the privacy and dignity of participants (and their family, carers, and guardians).
Amazing Grace Community Services is committed to the collection and storage of information which complies with legal requirements, relevant standards, best practice, and the expectations of the community it serves.
Policy scope
This Policy applies to all management, staff, and contractors of The Amazing Grace Community Services. For this document, the definition of a staff member is any person with whom The Amazing Grace Community Services has a formalised agreement to provide work and/or a service as a direct staff member or independent contractor.
Procedure
The Procedure is below.
Principles (way we work)
Amazing Grace Community Services uses the following APPs as per the Privacy Act 1998 to keep participant’s information safe and private:
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Open and transparent management of personal information.
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Anonymity and protecting personal information and names.
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Collection of solicited personal information.
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Dealing with unsolicited personal information.
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Notification of the collection of personal information.
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Use or disclosure of personal information.
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Direct marketing.
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Cross‑border disclosure of personal information.
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Adoption use or disclosure of government related identifiers.
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Quality of personal information.
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Security of personal information.
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Access to personal information.
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Correction of personal information.
Collection of information
To provide participants with adequate services, Amazing Grace Community Services will need to collect and use personal information from the participant/legal guardian. Participants will be asked provide consent for this using the Participant Information Consent Form.
In other instances, Amazing Grace Community Services may need to collect information from a third-party source. This may include relatives and/or other service providers. Again, participants will be asked provide consent for this using the Participant Information Consent Form. There are instances where it is not reasonable or practical for Amazing Grace Community Services to collect this information directly from the participant. This may include where the participant’s health is potentially at risk and his/her/their personal information is needed to provide them with emergency medical treatment.
Disclosure of information
Staff should only share participant information (including during referrals) outside of T Amazing Grace Community Services for the purpose for which the information was collected for and with participant’s permission. Participants can decide ‘which’ information can be discussed with ‘who’ on the Participant Information Consent Form.
Information about participant’s personal details, history, NDIS supports, and other information should not be shared (formally or informally) with those not involved with their services or members of the community.
However, information may be shared for secondary purposes such as when:
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there is a serious threat to the health or welfare of any person;
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a Reportable Incident occurs (Reports of Reportable Incidents contain personal information and are to be kept confidential, in accordance with the Disability Services Act and/or other applicable and relevant legislation);
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managing a legal claim made by the participant;
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authorised by law e.g., subpoena or summons or child protection request;
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there is an enforcement of criminal law or a law imposing a penalty or sanction, or for the protection of public revenue; and
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the disclosure of the participant’s information by Amazing Grace Community Services will prevent or lessen a serious and imminent threat to somebody's life or health.
Participants information may also be shared with NDIS auditors and participants are provided information about this in the Participant Handbook.
Issues with the management of privacy and dignity
Staff are to encourage participants to make a complaint in line with the Feedback and Complaints Policy and Procedure if they are not satisfied with the way the organisation has kept their information safe and private (including use of an advocate if they wish).
Violence, Abuse, Neglect, Exploitation and Discrimination Policy and Procedure
Policy
This Policy is about how Amazing Grace Community Services promotes the safety of participants in relation to violence, abuse, neglect, exploitation, and discrimination.
Policy objectives
This Policy aims to:
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help the organisation to have good policies, procedures and practices which actively prevent violence, abuse, neglect, exploitation, and discrimination;
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promote those allegations and incident of violence, abuse, neglect, exploitation and/or discrimination, are acted upon;
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direct staff in supporting each participant to receive information about the use of an advocate (including an independent advocate) where allegations of violence, abuse, neglect, exploitation, or discrimination have been made;
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promote that each participant and their families, carers and guardians are supported and assisted where there are allegations and incidents of violence, abuse, neglect, exploitation and/or discrimination; and
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direct staff to keep records of allegation / incident details.
Policy statement
Amazing Grace Community Services has a ‘Zero Tolerance’ approach to violence, abuse, neglect, exploitation, and discrimination of NDIS participants and provides an environment where people are protected from this harm.
Amazing Grace Community Services recognises that protection from violence, abuse, neglect, exploitation, and discrimination is a basic human rights issue.
Amazing Grace Community Services is committed to act on anything that makes a person be, or feel unsafe, or anything that doesn't support a person's human rights.
Amazing Grace Community Services is committed to the safety and wellbeing of all children. This is the primary focus of our care and decision-making.
Policy scope
This Policy applies to all management, staff, and contractors of The Amazing Grace Community Services. For this document, the definition of a staff member is any person with whom The Amazing Grace Community Services has a formalised agreement to provide work and/or a service as a direct staff member or independent contractor.
Procedure
The Procedure is below
Signs of abuse, neglect, exploitation, and discrimination
Appendix A includes information on, and signs of, violence, abuse, neglect, exploitation, and discrimination. Participants can be at risk of these concerns from family, friends, staff, other participants, or other people.
Strategies to minimise the risk of violence, abuse, neglect, exploitation, and discrimination
Amazing Grace Community Services does the following to reduce participant’s risk of experiencing violence, abuse, neglect, exploitation, and discrimination:
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establishes policies, processes, and systems to identify the above issues;
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promotes an awareness amongst the workforce and participants about the above issues;
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keeps up to date with legislation and good practice;
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has a Code of Conduct for staff;
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has appropriate selection, screening, and supervision of staff;
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provides a safe service environment;
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provides services that are ethical, respectful, and safe and that achieve positive outcomes; and
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reviews the organisation’s system relating to identifying and responding to the above risks and issues through its risk management and quality management framework.
Participant capacity building
Participants are provided with information on entry to Amazing Grace Community Services’ services around their rights and how Amazing Grace Community Services upholds these rights (including how to provide feedback or make a complaint).
Members are also provided with Easy English and pictorial information on abuse and neglect in the Participant Handbook. The aim of this practice is to empower people with a disability to have control over their lives.
In line with the goals of occupational therapy and positive behaviour support, staff will also support participants to build independence, decision making, confidence, self-advocacy, and self-protective strategies as part of everyday service delivery.
The Amazing Grace Community Services also recognises the vital role of families, friends, advocates, and carers in assisting to safeguard and uphold the rights of participants. These stakeholders are provided with information on complaints, supporting people with a disability and upholding the human rights of people with a disability.
Strategies to respond to violence, abuse, neglect, exploitation, and discrimination
Amazing Grace Community Services staff must comply with relevant state, territory and federal government laws relating to responding to violence, abuse, neglect, exploitation, and discrimination, including mandatory reporting and Reportable Incident requirements.
If a worker suspects or witnesses' violence, abuse, neglect, exploitation or discrimination toward a participant, the Participant Incident Management Policy and Procedure must be followed.
Debriefing and trauma-informed support to the participant, carer, family and /or worker involved should also occur.
Other areas
Worker training and supervision
Amazing Grace Community Services aims to recruit staff that have personal values that believe in the rights of participants. Our induction program will contain information about human rights and the worker’s role and responsibility in applying the principles of human rights to the participants they support.
Staff can be supported in team meetings and supervision to reflect on their practice.
Organisation culture
Amazing Grace Community Services’ Managing Director and Management Team promotes:
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a Zero Tolerance approach to violence, abuse, neglect, exploitation, and discrimination within the organisation;
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staff to act on anything that makes a person be, or feel unsafe, or anything that doesn't support a person's human rights; and
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continual role modelling and communication about the human rights of people with a disability, including through team meetings and informal discussions.
Child safe organisation
Amazing Grace Community Services is committed being a child safe organisation and has Zero Tolerance for child abuse. All staff have a collective responsibility to act in the best interests of any children they are in contact with to make sure they are kept safe from harm - physically, emotionally, and culturally.
Amazing Grace Community Services is committed to providing an environment where children are safe, feel safe, and their voices are heard about decisions that affect their lives. Particular attention will be paid to the cultural safety of Aboriginal children and children from culturally and/or linguistically diverse backgrounds, as well as the safety of children with a disability.
The Participant Incident Management Policy and Procedure outlines how to report child abuse and neglect.