Department of Human Services

Attachments

    9.1 Glossary

    9.1 Glossary

    Commonly used acronyms and terms from the report.

    Acronyms

    ASU

    Adult Safeguarding Unit

    CVS

    Community Visitor Scheme

    DHS

    Department of Human Services

    ILC

    Information Linkages and Capacity Building Grants

    LAC

    Local Area Coordinator

    NDIA

    National Disability Insurance Agency

    NDIS

    National Disability Insurance Scheme

    OFAW

    Office for Ageing Well

    SAPOL

    South Australian Police

    SDA

    Specialist Disability Accommodation

    SIL

    Supported Independent Living

    UNCRPWD

    United Nations Convention on the Rights of Persons with Disabilities

    YPIRAC

    Younger People in Residential Aged Care

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    Terms

    Bilateral (Intergovernmental) Agreement

    Signed agreements between the Commonwealth and the State detailing the operational and funding arrangements for the NDIS.

    COVID-19

    A respiratory illness caused by a new virus. The virus is transmitted from person to person and there is no current treatment or cure.

    Complex Support Needs Pathway

    Specialised support for participants who have other challenges impacting their lives such as mental health issues, incarceration or homelessness and need a higher level of specialised support in their plan.

    Dept.- Health and Wellbeing (DH&W)

    Responsible for setting the strategic direction for the delivery of health services in South Australia.

    Health Performance Council SA

    Statutory Ministerial advisory body to provide advice to Minister for DH&W on the performance of the State’s health systems.

    Medicare Benefits Scheme

    A listing of the Medicare services that are subsidised by the Australian government managed by the Department of Health.

    National Disability Abuse and Neglect Hotline

    A nationally accessible service designed to aid the reporting of abuse and neglect of people with disability in Commonwealth, State or Territory funded disability services.

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    NDIS Code of Conduct (NDIS Providers)

    Promotes safe and ethical service delivery by setting out expectations for the conduct of both NDIS providers and workers.

    NDIS Rules

    Legislative instruments made under the NDIS Act that set out in detail the operation of the NDIS.

    NDIS Participant

    To be a participant of the NDIS you must meet the following access criteria:

    • Are aged under 65 when the access request is made
    • Are an Australian citizen, permanent resident or special category visa holder
    • Satisfy either permanent or significant disability or early intervention requirements
    • Need support from a person or equipment to do everyday activities.

    NDIS Funding

    There are three options to manage your NDIS Funding:

    • Self-Management: When you manage your funding
    • Plan Managed: A plan manager is funded through your plan and pays your provider
    • NDIA (Agency) Managed: NDIA pays providers on your behalf.

    NDIS Unregistered provider obligations

    Not all providers need to register with the NDIS Commission.
    Only self or plan managed participants can engage an unregistered provider and:

    • Can individually decide if they want workers of unregistered providers to have a NDIS Worker Screening Check
    • Will be able to make unregistered providers and their workers aware of their obligations under the NDIS Code of Conduct.

    The NDIS Commission can support people to make a complaint against an unregistered provider.

    NDIS Q&S Commission

    An independent agency established to improve the quality and safety of NDIS supports and services.

    NDIS Worker Screening

    NDIS Registered Providers must ensure that particular workers have an appropriate check as a mandatory requirement of registration. Risk assessed roles are:

    • Key personnel roles
    • Work in the delivery of specified supports or specified services (NDIS Practice Standard –Worker Screening) Rules 2018

    Roles that require physical, face-to-face contact and oral, written and electronic communication.

    Office of the Public Advocate SA

    Independent statutory office of the South Australian Government that exists to promote the rights and independence of people who may need assistance with decision-making.

    Psychosocial Disability

    A psychosocial disability is when mental illness becomes pervasive and interferes with a person’s functioning.

    Royal Commission into Violence, Abuse, Neglect and Exploitation of people with Disability

    Established in April 2019 in response to community concern and gathers information through research, public hearings, submissions and other forums. Final report to be delivered on 29 April 2022.

    Support Coordination

    • Support Connection: To build your ability to connect with informal community and funded supports enabling you to achieve your goals
    • Support Coordination: Assist you to build the skills you need to understand, implement and use your plan
    • Specialist Support Coordination: For people whose situations are more complex, to assist you to manage challenges in your support environment and ensuring consistent delivery of services.

    Visitable sites

    As defined in each jurisdictions Community Visitors Scheme Legislation.

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    9.2 Safeguarding Task Force Members

    9.2 Safeguarding Task Force Members

    David Caudrey

    Disability Advocate
    Co-chair

    Kelly Vincent

    Disability Rights Advocate
    Co-chair

    Trevor Harrison

    Disability Advocate

    Jacky Chant

    Disability Advocate

    Sam Paior

    Founder and Director
    The Growing Space

    Karen Rogers

    Project Lead
    Our Voice

    Marj Ellis

    Chief Executive Officer Lighthouse Disability

    Richard Bruggemann

    Authorising Officer
    Attorney General’s Department

    Anne Gale

    Public Advocate
    Office of the Public Advocate

    Adam Kilvert

    Executive Director Attorney General’s Department

    Cassie Mason

    Director, Office for Ageing Well, SA Health

    Lois Boswell

    Act/ Chief Executive Department of Human Services

    9.3 Terms of Reference

    9.3 Terms of Reference

    Purpose

    The Safeguarding Task Force is a Task Force to examine the current gaps in oversight and safeguarding for people living with disability in South Australia.

    The Task Force is co-chaired by Disability Advocate Dr David Caudrey and Disability Rights Advocate Kelly Vincent. Membership will include people with lived experience of disability, family members, a service provider as well as relevant government agencies, including the acting Principal Community Visitor Anne Gale.

    The Task Force will consider gaps in safeguarding arrangement for people with disabilities in South Australia arising from the policies and practices of:

    • the National Disability Insurance Agency
    • the NDIS Quality and Safeguards Commission
    • State Government instrumentalities.

    The Task Force seeks to consider the gaps from a developmental, preventative and corrective perspective.

    The Task Force will provide written reports including recommendations to the State Government regarding areas that need to be addressed urgently in order to safeguard South Australian citizens with disability.

    Methodology

    • Brief Task Force members prior to the first scheduled meeting.
    • Seek information and advice from Task Force members, their networks and from other people who contribute to the Task Force deliberations
    • Collate all information received and identify themes for rectifying policy and procedures for safeguarding
    • Prepare and submit an interim report with urgent recommendations by 15 June 2020
    • Prepare and submit a final report with full recommendations by 31 July 2020.

    Membership

    The Safeguarding Task Force is comprised of:

    • David Caudrey, Disability Advocate (Co-chair)
    • Kelly Vincent, Disability Rights Advocate (Co-chair)
    • Sam Paior, Founder and Director, The Growing Space
    • Trevor Harrison, Disability Advocate
    • Jacky Chant, Disability Advocate
    • Karen Rogers, Project Lead, Our Voice
    • Marj Ellis, Chief Executive Officer, Lighthouse Disability
    • Richard Bruggemann, Authorising Officer, Attorney-General’s Department
    • Anne Gale, Public Advocate and Acting Principal Community Visitor
    • Adam Kilvert, Executive Director, Attorney-General’s Department
    • Cassie Mason, Director, Office for Ageing Well, SA Health
    • Lois Boswell, Acting Chief Executive Department of Human Services.

    Meeting Frequency

    The meetings will be held via Microsoft Teams on:

    • Wednesday 27 May 2020 at 4:30 pm
    • Wednesday 10 June 2020 at 4:30pm
    • Wednesday 15 July 2020 at 4:30pm.

    Agenda and Papers

    The Safeguarding Task Force agenda, with attached meeting papers, will be distributed at least 5 days prior to each scheduled meeting.

    Minutes and Actions

    The minutes of each Safeguarding Task Force meeting will be prepared by the Secretariat which will comprise Diane Holty and Sandra Wallis from the Office of the Public Advocate.

    Minutes will be circulated in draft to each member of the Task Force prior to the next meeting and approved at that meeting subject to any modifications deemed necessary.

    Reporting

    The Co-chairs are required to provide a preliminary report to Cabinet by 15 June 2020 and a final report to Cabinet by 31 July 2020. A draft of the preliminary report will be prepared for the Task Force meeting on 10 June 2020 and a draft of the final report on 15 July 2020.

    Approval

    David Caudrey (Disability Advocate) and Kelly Vincent (Disability Rights Advocate)

    9.5 Meetings with key people

    9.5 Meetings with key people

    This page lists people Kelly Vincent and David Caudrey met with to inform the safeguarding reports.

    Meeting notes have only been published where the meeting attendees have given their permission.

    Lines with an asterisk show meetings have occurred but we have not received permission to publish the meeting notes.

    For a hard copy of documents, email disability.advocate@sa.gov.au.

    Meetings held with:

    9.6 List of submissions

    9.6 List of submissions

    Submissions to the Safeguarding Task Force were received from:

    • the Disability Advocate in-box
    • the Minister for Human Services' Office
    • the Premier’s Office.

    The authors have given permission to publish their submissions.

    For a hard copy of documents, email disability.advocate@sa.gov.au.

    Submissions


    9.6.1 - 19/5/2020 - Submission - Prue Gorman (DOCX 20.8 KB)

    9.6.2 - 20/5/2020 - Submission - Judy Barton (DOCX 14.6 KB)

    9.6.3 - 26/5/2020 - Submission - Karen Grob (DOCX 21.0 KB)

    9.6.4 - 25/5/2020 - Submission - Helen Whait (DOCX 14.0 KB)

    9.6.5 - 31/5/2020 - Submission - Peter Wilson (DOCX 19.8 KB)

    9.6.6 - 1/6/2020 - Submission - Samantha Connor (DOCX 19.3 KB)

    9.6.7 - 2/6/2020 - Submission - Athena Karabetsos (DOCX 18.1 KB)

    9.6.8 - 3/6/2020 - Submission - Nat Cook

    9.6.9 - 4/6/2020 - Submission - Dawn Brookes (DOCX 25.2 KB)

    9.6.10 - 9/6/2020 - Submission - SACID (PDF 1.0 MB)

    9.6.11 - 11/6/2020 - Submission - Anon (DOCX 18.8 KB)

    9.6.12 - 11/6/2020 - Submission - Del Wine (DOCX 14.4 KB)

    9.6.13 - 12/6/2020 - Submission - Sue Versteeg (DOCX 14.3 KB)

    9.6.14 - 12/6/2020 - Submission - Anon (DOCX 14.2 KB)

    9.6.15 - 12/6/2020 - Submission - Phil and Heather Martin (DOCX 23.4 KB)

    9.6.16 - 12/6/2020 - Submission - Law Society of SA

    9.6.17 - 16/6/2020 - Submission - Katherine Annear (PDF 428.1 KB)

    9.6.18 - 16/6/2020 - Submission - Anon (DOCX 17.7 KB)

    9.6.19 - 17/6/2020 - Submission - Angela Littleford (DOCX 47.4 KB)

    9.6.20 - 17/6/2020 - Submission - Keith Banfield (PDF 130.3 KB)

    9.6.21 - 21/6/2020 - Submission - Anon (DOCX 12.2 KB)

    9.6.22 - 26/6/2020 - Submission -Tony Renshaw (PDF 351.2 KB)

    9.6.23 - 29/6/2020 - Submission - Annette Herbert (DOCX 18.5 KB)

    9.6.24 - 1/7/2020 - Submission - Jeremy Moore - Community Guardians (PDF 2.2 MB)

    9.6.25 - 1/7/2020 - Submission - Anon (DOCX 12.9 KB)

    9.6.26 - 2/7/2020 - Submission - SA NDIS Psychosocial Disability Transition Taskforce Subgroup

    9.6.27 - 10/7/2020 - Submission - Anon (DOCX 21.6 KB)

    9.6.28 - 13/7/2020 - Submission - Leanne Longfellow (PDF 154.4 KB)

    9.6.29 - 15/7/2020 - Submission - Arnold Stroobach - Buurtzorg presentation (PDF 9.6 MB)

    9.6.30 - 24/7/2020 - Submission - Liz Forsyth - Brain Injury SA (DOCX 32.0 KB)

    9.6.31 - 24/7/2020 - Submission - Pru Gorman - Community Living Project (DOCX 21.3 KB)

    9.6.32 - 27/7/2020 - Submission - DACSSA - Report - Interface of Systems with Disability in SA (PDF 968.0 KB)

    9.6.33 - 27/7/2020 - Submission - Louise McDonald (DOCX 17.5 KB)

    9.6.34 - 27/7/2020 - Submission - Heather Buck and Rosie Olbrycht – Citizens Advocacy South Australia

    9.8 Bibliography

    9.8 Bibliography

    Australian Human Rights Commission (2018). A Future Without Violence: Quality, safeguarding and oversight to prevent and address violence against people with disability in institutional settings.

    The Australian Government (2018). National Disability Insurance Scheme (Practice Standards—Worker Screening Rules) 2018. National Disability Insurance Scheme Act 2013. https://www.legislation.gov.au/Details/F2019C00574.

    The Australian Government (2016). National Disability Insurance Scheme: Quality and Safeguarding Framework. https://www.dss.gov.au/sites/default/files/documents/04_2017/ndis_quality_and_safeguarding_framework_final.pdf.

    Avery, S. (2018). Culture is inclusion: Community-control the way forward for Aboriginal disability research. Report. First Peoples Disability Network.

    Brayley, J., Prowse, J., Harris, G., and Arlidge S. (2020). SA NDIS Psychosocial Disability
    Transition Taskforce.
    Government of South Australia.

    The Commonwealth of Australia (2010). National Standards for Mental Health Services.

    The Commonwealth of Australia (2018). Bilateral Agreement between the Commonwealth of Australia and the State of South Australia on the National Disability Insurance Scheme.

    The Commonwealth of Australia (2019). Joint Standing Committee on the National Disability Insurance Scheme: NDIS Planning Interim Report, December 2019.

    The Commonwealth of Australia (2019). Provider Registration Guide to Suitability for Western Australia V 1.11. November 2019.

    The Commonwealth of Australia (2019). Statement of Sally Robinson, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, November 2019.

    The Commonwealth of Australia (2020). Disability and Oral Health Collaboration, Your Dental Health, Australasian Academy of Paediatric Dentistry, Submission on Oral Health and Disability, February, 2020.

    The Commonwealth of Australia (2020). Joint Standing Committee on the National Disability Insurance Scheme: Report into Supported Independent Living, May 2020.

    Community Resource Unit (2015). Proposed National Disability Insurance Scheme Quality and Safeguarding Framework. https://cru.org.au/wp-content/uploads/2014/04/CRU-Submission.Proposed-NDIS-QS-Framework.April-2015-2.pdf.

    Cook, N. (2020) Letter Re: Disability Inclusion (Community Visitor Scheme) Amendment Bill 2020. June 2020.

    Cortis, N., and van Toorn, G. (2020). Working in new disability markets: A survey of Australia's disability workforce Sydney: Social Policy Research Centre, UNSW Sydney. https://apo.org.au/sites/default/files/resource-files/2020-05/apo-nid305121.pdf.

    Dee-Price, B-J. (2020). SA woman dies from long term abuse and neglect: A Disability Community Response. Independent Disability Research & Education. May 2020.

    The Government of South Australia, Health Performance Council (2020). Health outcomes and experiences for South Australians with disability – what we heard.

    Gardner, J. (2019). Review of the community visitors scheme in South Australia, 8 March 2019.

    Jay, L. (2019). Why we need to use the F-word. Disability Services Consulting. Viewed 12 June 2020. https://teamdsc.com.au/resources/we-need-use-the-f-word.

    Law Society of South Australia (2020). Gaps in safeguarding arrangements for people with disabilities in South Australia, Ref: 801322. 12 June 2020.

    The Mental Health Coalition of South Australia (2020). National Disability Insurance Scheme (NDIS) Transition Pilot Project. A lived experience lens on service continuity for people transitioning from State psychosocial programs to the NDIS. Final Report.

    Michael, L. (2020). Stronger protections for Victorian people with disability. PRObono Australia. Viewed 23 June 2020. https://probonoaustralia.com.au/news/2020/06/stronger-protections-for-victorian-people-with-disability.

    NDIS Quality & Safeguards Commission (2020), NDIS Practice Standards. Viewed 24 June 2020, https://www.ndiscommission.gov.au/providers/ndis-practice-standards.

    NDIS Quality & Safeguards Commission (2020). Quality, Safety and You. Viewed 2 July 2020. https://www.ndiscommission.gov.au/workers/training-course.

    NDIS Workforce Ready Consortia: Cootharinga North Queensland Inc., AVANA Australasian Disability Professionals, and Deakin University (2013). NDIS Work Force Ready: A research report commissioned by the Australian Government Department of Families, Housing, Community Services and Indigenous Affairs. June 2013.

    National Disability Services (2020). NDS Zero Tolerance. Viewed 31 June 2020. https://www.nds.org.au/resources/zero-tolerance.

    Nevile, A., Malbon, E., Kay, A., and Carey, G. (2019). The implementation of complex social policy: Institutional layering and unintended consequences in the national disability insurance scheme. Australian Journal of Public Administration. 78(4). pp. 562–576. https://doi.org/10.1111/1467-8500.12380.

    Quilty, J. (2020). Failing through the gaps. Disability Services Consulting. Viewed12 July 2020. https://teamdsc.com.au/resources/failing-through-gaps.

    Robert, S. (2020). Announcement regarding banning powers. 8 June 2020. https://www.ndis.gov.au/news/4841-new-banning-powers-strengthen-protections-ndis-participants.

    Robinson, S. (2019). Statement of Sally Antoinette Robinson. Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. 29 November 2019.

    Robinson, S. and Graham, A. (2020). Feeling safe, avoiding harm: Safety priorities of children and young people with disability and high support needs. Journal of Intellectual Disabilities, pp. 1-20. https://journals.sagepub.com/doi/10.1177/1744629520917496.

    Robinson, S. and Graham, A. (2019). Promoting the safety of children and young people with intellectual disability: Perspectives and actions of families and professionals. Children and Youth Services Review 104(2019)104404. https://www.sciencedirect.com/science/article/pii/S0190740919301719.

    Robinson, S. and Chenoweth, L. (2011). Preventing abuse in accommodation services: From procedural response to protective culture. Journal of Intellectual Disabilities, 15(1) pp. 63-74. https://journals.sagepub.com/doi/abs/10.1177/1744629511403649.

    Robinson, S., Oakes, P., Murphy, M., Ferguson, P., Lee, F., Ward-Boas, W., Codognotto, M., Nicks, J., and Theodoropoulos, D. (2019). Building safe and respectful cultures in disability services for people with disability. Report. The State of Victoria, Disability Services Commissioner. June 2019. https://www.odsc.vic.gov.au/abuse-prevention/building-safe-and-respectful-cultures/.

    Salomon, C and Trollor, J. (2020). A scoping review of causes and contributors to deaths of people with disability in Australia. Faculty of Medicine, the Department of Developmental Disability Neuropsychiatry. February 2020. https://www.ndiscommission.gov.au/sites/default/files/documents/2020-02/summary-findings-24.pdf.

    St Clair, R. (2020). Visibility and inclusion an essential safeguard for people with disability. Disability Support Guide.https://www.disabilitysupportguide.com.au/talking-disability/visibility-and-inclusion-an-essential-safeguard-for-people-with-disability.

    The South Australian Ministers Disability Advisory Council (2011). Inclusion & protection: A dynamic safeguarding schema for South Australians with disability who are also vulnerable to neglect and abuse.

    Tune, D. (2019). Review of the National Disability Insurance Scheme Act 2013: Removing Red Tape and Implementing the NDIS Service Guarantee. December 2019. https://www.dss.gov.au/sites/default/files/documents/01_2020/ndis-act-review-final-accessibility-and-prepared-publishing1.pdf.

    The Victorian Council of Social Service (2017). A high quality disability workforce VCOSS submission to registration and accreditation consultation paper. October 2017. https://vcoss.org.au/wp-content/uploads/2018/02/SUB_171027_Registration-and-Accreditation-Scheme_Final.pdf.

    Victorian Department of Health and Human Services (2020). National Consultations Executive Summary: Investigation of the Impact of NDIS Market Settings on Participants with a Psychosocial Disability. March 2020.

    Walker M., Fulton, K. and Bonyhady, B. (2013). A personalised approach to safeguards in the NDIS. Safeguards and Quality Assurance Expert Group. March 2013. https://centreforwelfarereform.org/library/a-personalised-approach-to-safeguards.html.

    Westwood Spice on behalf of the Department of Social Services for the Disability Reform Council, Council of Australian Governments (2018). Community Visitor Schemes Review. https://www.dss.gov.au/sites/default/files/documents/02_2020/pdf-version-community-visitors-review_0.pdf.

    9.9 Legislative Comparisons across jurisdictions for CVS

    9.9 Legislative Comparisons across jurisdictions for CVS

    State

    Authorisation

    Department

    Requesting visitation

    What they can visit

    Relevant Powers

    SA

    SA has a disability CVS

    Relevant legislation:  Disability Services (Community Visitor Scheme) Regulations 2013 (SA) (‘DS (CVS) Regulations’) under the Disability Services Act 1993.

    DHS

    s 5(1): request to see a community visitor may be made by any of the following people:

    - (a) resident

    - (b) person attending a day options program

    - (c) a guardian, medical agent, relative, carer or friend of a person

    - (d) any other person who is providing support to a person

    s 5(2): request can be made to a manager or person of authority at the accommodation premises, and they must notify a community visitor of the request within 3 days after receipt.

    No legislative power to enter private homes.

    Community visitors have right to visit disability accommodation premises and day options program premises “any reasonable time”: 3 DS (CVS) Regulations 2013.

    Importantly, the Disability Services Act 1993 relates to services funded by the State Government, meaning as of May 2019 the disability CVS no longer visit non-government disability services (as there is no funding relationship).

    Powers contained within s 4 ofthe DS (CVS) Regulations 2013.

    For disability accommodation premises,includes right to inquire into:

    -    The appropriateness and standard of the premises for the accommodation of residents: s 4(1)(a)(i) DS (CVS) Regulations.

    -    Whether residents are provided with adequate information to enable them to make informed decisions about their accommodation, care and activities: s 4(1)(a)(iv) DS (CVS) Regulations.

    -    Any case of abuse or neglect, or suspected abuse or neglect, of a resident: s 4(1)(a)(v) DS (CVS) Regulations.

    -    The use of restrictive interventions and compulsory treatment: s 4(1)(a)(vi) DS (CVS) Regulations.

    -    Any complaint made to a community visitor by a resident, guardian, medical agent, relative, carer or friend of a resident, or any other person providing support to a resident: s 4(1)(a)(viii) DS (CVS) Regulations.

    For visitation of day options program premises, the rights are effectively the same as above but contained in their own subsection: s 4(1)(ab).

    Additionally, for both disability accommodation premises and day options program premises, ability to:

    -    Meet with a resident: s 4(2)(a) DS (CVS) Regulations.

    -    Inspect the premises with permission of the manager: s 4(2)(b) DS (CVS) Regulations.

    -    Request production of any documents or records and make copies of them: ss 4(2)(c) and (d) of the DS (CVS) Regulations.

    NSW

    NSW has a disability CVS

    Relevant Act: Ageing and Disability Commissioner Act 2019 (NSW)

    The Ageing and Disability Commission has general oversight and coordination of Official Community Visitors: s 23(1).

    However, advice and matters can also be directed to the Minister for Families, Communities and Disability Services or the NSW Ombudsman.

    No information about how to complain/request visitation from a community visitor in Ageing and Disability Commissioner Act 2019 (NSW).

    No legislative power to enter private homes.

    OCV’s can enter and inspect any ‘visitable service’, which under s 20 includes:

    -    Accommodation services where an adult is in the full-time care of a service provider

    -    Assisted boarding houses

    -    Any other service prescribed by the regulations as a visitable service (currently none).

    Broad powers of Official Community Visitor set out under s 22 of the Act, includes powers to:

    -    Enter and inspect a ‘visitable service’ at any reasonable time without providing notice: s 22(1)(a).

    -    Talk alone with anyone (resident or employee) at the premises: s 22(1)(b).

    -    Inspect any document held at the premises that relates to the operation of a visitable service: s 22(1)(c).

    - Provide the Minister and the Commissioner with advice or information relating to the conduct of the premises, as well as matters affecting the welfare, interests and conditions of persons using visitable services: ss 22(1)(d) and (e).

    VIC

    Victoria has a disability Community Visitor Scheme

    Victoria has three steams of community visitation:

    -    Disability Services Community Visitors under the Disability Act 2006 (VIC).

    -    Mental Health Community Visitors under the Mental Health Act 2014 (VIC).

    -    Supported Residential Services (SRS) Community Visitors under the Supported Residential Services (Private Proprietors) Act 2010 (VIC).

    Community Visitors are overseen by the Victorian Office of the Public Advocate.

    No information about how to directly complain/request visitation from a community visitor in Disability Act 2006 (VIC).

    However, anyone can complain to the Disability Services Commissioner regarding a service provider: ss 109, 110 Disability Act 2006 (VIC).

    No legislative power to enter private homes.

    For Disability Services Community Visitors under the Disability Act 2006 (VIC),can visit “any premises where a disability service provider is providing residential services”: s 30.

    For Supported Residential Services (SRS) Community Visitors under the Supported Residential Services (Private Proprietors) Act 2010 (Vic), can visit “supported residential services”, which under s 5 means:

    -    Premises where accommodation and personal support are privately provided or offered to residents for a fee or reward.

    But does not include aged care facilities, retirement villages, or accommodation and personal support or nursing care services that are provided to a person in respect of whom a residential care subsidy is payable under Commonwealth legislation: s 5.

    Powers differ slightly depending on the stream (disability services, mental health, or SRS).

    For Disability Services Community Visitors under the Disability Act 2006 (Vic),power to inquire into:

    -    The standard of the premises: s 30(a).

    -    Whether treatment of a resident meets a standard of decency based on the principles in section 5: s 30(c).

    -    Any case of suspected abuse or neglect: s 30(e).

    -    The use of restricted practises or compulsory treatment: s 30(f).

    The above powers are also the same for Specialist Disability Accommodation (SDA) dwellings: s 30A.

    For Supported Residential Services (SRS) Community Visitors under the Supported Residential Services (Private Proprietors) Act 2010 (Vic), powers include:

    -    Right to enter and look at any part of the premises of a supported residential service: s 187(1)(a).

    -    Speak with any resident or employee: s 187(1)(b) and (c).

    QLD

    Queensland has a disability CVS

    Main Act: Public Guardian Act 2014 (QLD) (this is the act being referenced in this row)

    Also: Public Guardian Regulations 2014 (QLD)

    Overseen by the Queensland Office of the Public Guardian.

    More than 140 CV’s working across 13 zones, with each zone having its own Regional Visiting Manager.

    A child under care at a visitable home or site can request visitation from a community visitor: ss 59, 60 Public Guardian Act 2014 (QLD).

    -    Can make the request through the public guardian, an authorised officer or a carer.

    An adult under care at a visitable site can request visitation from a community visitor: s 43(1) Public Guardian Act 2014 (QLD).

    -    Can make the request through the public guardian or by asking a staff member at the site: s 43.

    Note: the legislation does not say whether interested parties can request visitation on behalf of a child or adult – just says the resident can do it themselves.

    Two separate streams of visitation for children and adults.

    Children:

    Right to visit ‘visitable sites’, which under s 51 means:

    -    A residential facility where the child is staying

    -    A detention centre where the child is staying

    -    A corrective services facility where the child is staying

    -    An authorised mental health service where the child is staying

    Also,the right to visit‘visitable homes’, where the child is in the custody or guardianship of someone other than their parent (through the Queensland Child Protection Act 1999)(i.e. foster homes).

    Adults:

    Right to visit ‘visitable sites’, which under s 39 means:

    -    An authorised mental health service provider that provides inpatient services

    -    Forensic disability services

    -    A place, other than a private dwelling, in which an adult lives and receives NDIS services: Schedule 1 Public Guardian Regulations 2014 (Qld).

    Different powers depending on whether a child or adult is being visited.

    Children:

    -    Broad powers to do ‘all things necessary or convenient’ in order to assess the adequacy and appropriateness of a place.

    -    For visitable sites, power to:

    • Enter during normal hours without   notice: s 67(1)(a).
    • Enter outside normal hours (requires   authorisation from Public Guardian): s 67(1)(b).
    • Inspect the site: s 67(1)(c).
    • Talk in private to the child staying   there: s 67(1)(d).
    • Require staff members to produce   documents: s 67(1)(f).

    -    For visitable homes, must receive access through either consent of the carer there or an authorised warrant: s 61.

    • However once inside have power to look   around and assess its appropriateness for accommodation, talk with the child   privately, and talk with the carer: s 66.

    Adults:

    - Broad power to do ‘all things necessary or convenient’ in order to assess the adequacy and appropriateness of a site: ss 44, 41.

    - Includes ability to:

    • Enter the site during normal hours   without notice: s 44(1)(a).
    • Enter the site outside normal hours   (requires authorisation from the Public Guardian): s 44(1)(b).
    • Require staff members to answer   questions and produce documents: s 44(1)(c).

    WA

    WA does not have an official disability CVS

    The closest it has are two separate complaints schemes under the Disability Services Act 1993 (WA)andthe Health and Disability Services (Complaints) Act 1995 (WA).

    - The important distinction here is that there is no automatic right of access to a site – such a power only arises once a complaint has actually been made.  

    Health and Disability Services Complaints Office (HaDSCO) – independent statutory authority

    Also note: from December 2020 the NDIS Quality and Safeguards Commission will be responsible for receiving complaints about disability service providers under the NDIS in WA. However until then the Health and Disability Services Complaints Office will be responsible for this (including disability services provided to individuals who have NDIS plans through the NDIA, for individuals who have transferred from WA NDIS to the NDIS, and for individuals who continue to receive services through the State Government or its contracted service providers).

    N/A

    The Health and Disability Services Complaints Office can only visit premises through a warrant: s 63 Health and Disability Services (Complaints) Act 1995 (WA). No automatic right of visitation due to no official community visitor scheme.

    The Health and Disability Services Complaints Office receives complaints that:

    -    A health service has been unreasonably denied.

    -    Health service has been provided in an unreasonable manner.

    -    Unreasonable denial of access to records or breach of privacy.

    -    Not investigating or improperly investigating complaints.

    -    Overcharging.

    Once a complaint has been made, the Health and Disability Services Complaints Office has limited investigation powers, namely, to request information and the production of documents: s 41 Disability Services Act 1993 (WA).

    During investigation of a complaint the Health and Disability Services can only visit premises through a warrant – no automatic right of access: s 63 Health and Disability Services (Complaints) Act 1995 (WA).

    TAS

    Tasmania does not have an official disability CVS

    No CVS, but Department of Health responsible for Disability Services Act 2011 (Tas): s 54 of the act.

    -    Complaints or allegations of abuse can also be reported to Tasmanian Disability and Community Services.

    Additionally, the Tasmanian Health Complaints Commissioner can receive and investigate complaints under the Health Complaints Act 1995 (Tas).

    N/A

    No automatic right of visitation due to no official disability Community Visitor Scheme.

    Department of Health employees or officers can be authorised to enter a funded provider’s premises or private funded premises: s 25 Disability Services Act 2011 (Tas).

    -    Done for the purposes of ensuring that a person residing there is receiving the care and support necessary for their health and wellbeing: s 26(2) Disability Services Act 2011 (Tas).

    Additionally, the Tasmanian Health and Complaints Commissioner can investigate complaints but can only inspect a site with a warrant: s 47 Health Complaints Act 1995 (Tas).

    S 28 of Disability Services Act 2011 Tas) outlines the rights of authorised officers entering premises, includes ability to:

    -    Inspect the premises (including right to open any containers or cabinets)

    -    Request a person on site to provide information or documents

    ACT

    ACT has a disability Official Visitors Scheme

    Relevant Act: The Official Visitor Act 2012 (ACT) establishes the ACT’s Official Visitor Scheme, with each scheme having its own separate legislation.

    - The disability Community Visitor Scheme overseen by the Disability Services Act 1991 (ACT).

    The ACT Public Trustee and Guardian (ACT)

    An entitled person at a visitable place, or anyone else, can request visitation from an official visitor: s 21(1) Official Visit Act 2012 (ACT).

    - The operating entity must notify an official visitor within 24 hours of a request: s 21(2).

    No legislative power to enter private homes.

    Official visitors have ability to visit a “visitable place”, meaning “accommodation provided to an entitled person for respite or long-term residential purposes”: s 8B(1)(a) Disability Services Act 1991 (ACT).

    This includes (per s 8B(1)(b)):

    - (i) Accommodation that is owned, rented or operated by a specialist disability service provider

    - (ii) Accommodation at which a specialist disability service provider provide a specialist disability service

    - (iii) A residential aged care facility that accommodates the entitled person

    But does not include (per s 8B(2)):

    - (a) A private home if the person receives a specialist disability service from someone who isn’t a disability service provider

    - (b) A private home if the person lives in the home with at least 1 adult family member who does not receive a specialist disability service from a specialist disability service provider at the home

    - (c) Accommodation if the only specialist disability service the person receives at the accommodation is a type of service declared by the Minister not to require visitation

    - (d) A residential aged care facility if the person is 65 years old or older when they first receive a specialist disability service (whether at the facility or elsewhere)

    Official visitors have ability to enter a “visitable place” at any reasonable time, either following an official complaint or on their own initiative: s 15(1) Official Visitor Act 2012 (ACT).

    Broad powers, including ability to:

    -    Inspect any health record or other record

    • Requires either the resident’s consent,   reasonable belief from the visitor that the resident has the inability to   consent, or a belief that it’s necessary to carry out their investigation   regardless: s 15(2) Official Visitor Act 2012.

    -    Monitor the conditions, services and practises in place: s 14(1)(b) Official Visitor Act 2012.

    -    Investigate and seek to resolve complaints: s 14(1)(d) Official Visitor Act 2012.

    - Identify and report on systemic issues adversely affecting entitled people at the place: Official Visitor Act 2012.

    NT

    NT has a disability CVS

    Relevant Act: Disability Services Act 1993 (NT)

    Is an independent service under the Anti-Discrimination Commission (NT)

    Complaints can be made to the manager of the residential facility by any interested party: s 46.

    -    Manager has responsibility of investigating complaints and keeping records of them.

    Managers must also ensure residents or interested parties are given information about community visitors and their right to request one. Accordingly, a resident or interested person can request visitation from a community visitor: s 58.

    -    “Interested person” means a guardian, decision maker, primary carer, or another person interested in the resident’s right: s 58(2).

    -    Manager must ensure such a request is sent to a community visitor within 24 hours: s 58(4).

    No legislative power to enter private homes.

    A community visitor may visit (without notice) a residential facility at “any reasonable time”: s 57(2) Disability Services Act 1993 (NT).

    Per section 2, “residential facility” includes:

    -    A secure care facility

    -    An appropriate place other than a secure care facility

    -    Other premises operated by the Agency to provide services for the treatment and care of people with a disability

    Powers (per s 57(2)):

    -    Speak with residents of a residential facility

    -    Inspect a residential facility and any documents relating to residents of the facility made or kept for the Act.

    Additionally, under s55(1) Disability Services Act 1993 (NT), community visitors can inquire and make recommendations relating to:

    -    (a) The adequacy of information relating to the rights of residents receiving treatment and care at residential facilities:

    -    (b) The accessibility and effectiveness of the complaint procedures in place:

    -    (c) The failure of persons employed in residential facilities to comply with the Act.

    -    (d) The use of restrictive interventions:

    -    (e) Any matter the community visitor considers appropriate having regard to the treatment and care principles

    -    (f) any matter as directed to the principal community visitor by the Minister

Page last updated : 31 Jul 2020

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