NDIS 00 Core Module

DECISION MAKING AND CHOICE POLICY AND PROCEDURE

PARTICIPANTS RIGHTS AND RESPONSIBILITIES POLICY AND PROCEDURE

ABORIGINAL & TORRES STRAIT ISLANDER PEOPLE POLICY & PROCEDURES

VIOLENCE, ABUSE, NEGLECT, EXPLOITATION AND DISCRIMINATION

PERSON-CENTRED SUPPORTS POLICY AND PARTICIPANT SERVICE CHARTER OF RIGHT

ADVOCACY SUPPORT POLICY AND PROCEDURE

INDIVIDUAL VALUES AND BELIEFS POLICY AND PROCEDURE

PRIVACY AND DIGNITY POLICY AND PROCEDURE

MANAGEMENT OF DATA BREACH POLICY AND PROCEDURE

DECISION MAKING AND CHOICE POLICY AND PROCEDURE

The intent of this policy and procedure is to describe Gill Support and Care Services method of empowering and facilitating participants to make informed choices regarding their state of risk. Which covers all Gill Support and Care Services employees, visitors and applies to all future and existing Gill Support and Care Services participants, members of their families, carers, and other stakeholders of the organisation.

The policy and procedure is compliant with appropriate laws, regulations, legislation, and standards.

Definitions

Advocate – a person who assists a participant to express their needs, or who speaks on behalf of a participant. Advocates can be a family member, friend, or an Independent Advocate. They are not substitute decision makers but are there to ensure the participant’s needs and wants are listened to.

Independent advocate – means a person who is independent of the NDIA, the NDIS Commission and any NDIS providers providing supports or services to the person; the person provides independent advocacy to assist them to exercise choice and control and have their voice heard in matters that affect them.

Child’s representative – a person responsible for undertaking acts and making decisions in relation to the NDIS Act 2013 on behalf of a child. A child’s representative is usually a person with parental responsibility. However, in some cases it may be a legal guardian, a state or territory government agency, or a person appointed by the NDIA.

Court-appointed decision-maker – a person who, under a law of the Commonwealth, or a State or Territory, has guardianship of a participant or who is appointed by a court, tribunal, board, or panel to make decisions for the participant.

Decision making capacity – a person’s ability to make decisions about things that affect their daily life. This usually means that they can: understand the situation and the decision required; understand what the choices are; weigh up the consequences of the choices; understand how the consequences affect them; and communicate their decision.

Dignity of risk – the right of an individual to choose to take some risk in engaging in life experiences.

Nominee – a person who is appointed in writing, at the request of a participant or their guardian, or on the initiative of the NDIA, to act on behalf of, or make decisions on behalf of a participant. Under the NDIS, there are 2 types of nominees, a plan nominee and correspondence nominee. One person can be appointed as both and either type can be appointed either indefinitely or for a specified term.

Participant-appointed decision-maker – a person who is able to make a decision on the participant’s behalf under a formal arrangement between that person and the participant (e.g., a power of attorney, an advance health directive or an enduring guardian under State or Territory law).

Policy

Participants have the right to make their own decisions.

Participants have the right to maintain their personal attributes, preferences, and the right to dignity.

Gill Support and Care Services will provide opportunities for participants to make informed decisions and choices on a day-to-day basis according to their individual needs.
Gill Support and Care Services will encourage Participants to make informed decisions and choices regarding themselves and the services they receive.

If the participant is unable to make decisions because of disability or impairment, an authorised representative identified, or administrator can be legally appointed to make decisions on their behalf.
Procedures

Gill Support and Care Services will provide participant or their representatives with access to information to enables them to participate in the decision-making process affecting participant’s needs.
Information provided to a participant is in clear and concise language and if necessary, interpreting and translation services can be used.
Gill Support and Care Services will provide information in its participants’ Handbook about independent bodies and agencies that can assist the participant.
Gill Support and Care Services will respect and act upon the outcomes of a participant and/or their representative’s input into decision-making on the participant’s needs.
Gill Support and Care Services will respond to the changing needs, goals, aspirations and choices of participants and will facilitate and support their informed decision-making and choice.
If a participant has the capacity for decision making, risks and possible consequences must be communicated to the participant and all relevant stakeholders.
The safety of the participant is extremely important to Gill Support and Care Services.
If a decision doesn’t place anyone at risk of harm, staff are to comply with the participant’s decision.

Informal substitute decision-making

Informal decision-making is where a person making a decision on behalf of another person and 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 in 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 within Gill Support and Care Services, when informal decision-making is insufficient, such as when there is conflict over decisions being made about the person; where specific legislative requirements exist (e.g., consent to medical treatment); or 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 Case Manager or Operations Manager.

staff will undergo training and continuous professional development in responding to the needs of participants, maintaining and promoting participant’s independence and decision making.

Monitoring and Review

Gill Support and Care Services’s Management team will review this policy and procedure annually. This process will include a review and evaluation of current practices, Gill Support and Care Services’s service delivery, the Incident Register. staff, participants and another stakeholder feedback will be incorporated. Feedback from service users, suggestions from staff and best practice developments will be used to update this policy.

Gill Support and Care Services’s Continuous Improvement Plan will be used to record and monitor progress of any improvements identified and where relevant feed into Gill Support and Care Services service planning and delivery processes.

PARTICIPANTS RIGHTS AND RESPONSIBILITIES POLICY AND PROCEDURE

The purpose of this policy and procedure is to demonstrate Gill Support and Care Services’s commitment to participants’ rights and set out how these rights will be communicated Gill Support and Care Services.

Policy

Gill Support and Care Services commits to upholding the human rights of all participants.

Gill Support and Care Services requires that people with disabilities have the same human rights as other members of the community.

Gill Support and Care Services will comply with all relevant legislation and standards.

Gill Support and Care Services ensures its participants are made aware of their rights and responsibilities during the onboarding process and each plan review.

The NDIS Participant Charter sets out participant responsibilities, which contribute to ensuring the rights of all participants and staff are upheld.

Procedures

Participants have a right to:

Have recognition as a person and equal opportunity against discrimination.
Have the right to life.
Have protection from torture and cruel, inhuman, and degrading treatment.
Have freedom from slavery or forced work.
Have freedom of movement.
Have the right to not have one’s privacy, family, home or correspondence arbitrarily or unlawfully interfered with, and one’s reputation unlawfully attacked.
Freedom of thought, conscience, religion and belief.
Freedom of expression.
Peaceful assembly and freedom of association.
Right to take part in public life.
Practice and enjoy culture, religion, and language.
To not be deprived of property other than in accordance with law.
Liberty and security of person.
Humane treatment when deprived of liberty.
Detained child to be segregated from detained adults.
Fair hearing.
Presumption of innocence when charged with a criminal offence.
Not to be tried or punished more than once for an offence already been finally convicted or acquitted in accordance with the law; and
With respect to the operation of certain retrospective criminal laws.

Gill Support and Care Services will provide all prospective and existing participants with information about their rights.

Gill Support and Care Services will consider specific requirements of individuals when ensuring participants fully understand their rights through providing information in a format that suits their individual communication needs (e.g., in clear and concise English).

Staff will undergo training in participants’ rights and responsibilities during inductions.

Monitoring and Review

Gill Support and Care Services wishes to recognise the Traditional Owners of the Land and the Aboriginal Communities served by Gill Support and Care Services’s service.

ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLE POLICY AND PROCEDURES

Gill Support and Care Services will provide services and support that meet the needs of Aboriginal and Torres Strait Islander people. Gill Support and Care Services are committed to working cohesively with local Aboriginal and/or Torres Strait Islander people. Gill Support and Care Services to ensure staff are trained in culturally appropriate actions and requirements.

This policy is applicable to all people who may have any contact with Gill Support and Care Services’s participants.

Policy

It is the policy of Gill Support and Care Services to create a safe and welcoming environment for all people. The intent of this policy is to ensure that individuals have the right to engage with their Aboriginal and Torres Strait Islander community members and to access the support required to meet their individual needs. If required frontline workers will collaborate with Aboriginal and Torres Strait Islander community members to support participants in the development and review of their Support Plans and activities.

Procedure

Gill Support and Care Services’s inclusive approach will promote the cultural safety of Aboriginal and/or Torres Strait Islander People through engaging with the participant, their community and relevant stakeholders. Processes are designed to meet the needs and requirements of the participant.

A variety of procedures may be implemented as per the list below:

Designing and using images that reflect indigenous symbols or pictures into brochures, on the website or located in the environment.
Displaying a Statement of Traditional Owners.
Clarifying if participants identify as an Aboriginal and Torres Strait Islander.
Contacting and maintaining networks with local Aboriginal and Torres Strait Islander communities.
Working with community networks for the benefit and support of the participant.
Contacting the participant’s family, extended family and community.
Establishing communication processes for maintaining an individual’s indigenous supports.
Working with other services in a coordinated manner to enhance support for the participant.
Planning will include actions that promote cultural safety and connectedness and respect the cultural and spiritual identity of Aboriginal and Torres Strait Islanders.
Encouraging and researching community events for the participants, then sharing this information with staff.
Working with the local communities in the provision of services, referrals, consortia involvement and memorandums of understanding.

Advocacy information

All files of participants who identify as Aboriginal and Torres Strait Islander will be reviewed to ensure that Gill Support and Care Services meet the organisation’s inclusive approach obligations. The review will determine if:

Service access and support strategies are relevant for Aboriginal and/or Torres Strait Islander People.
Service involvement and links with the Aboriginal community and Aboriginal services are being provided, as relevant.
Their cultural needs are being documented in their Support Plans.
Strategies and supports are being implemented as per their individual plan.
Feedback is being gathered from Aboriginal and Torres Strait Islander people and frontline workers. Feedback will be related to the cultural competence of Gill Support and Care Services’s service provision.

staff and Volunteer Training

Gill Support and Care Services will train all staff and volunteers (if applicable) to ensure that all frontline workers are able to competently implement Aboriginal or Torres Strait Islander cultural competence strategies. The training aims to increase access to the service for Aboriginal and Torres Strait Islander people.

VIOLENCE, ABUSE, NEGLECT, EXPLOITATION AND DISCRIMINATION

Gill Support and Care Services recognises the right of all participants to feel safe and to live in an environment that provides protection from assault, neglect, exploitation, discrimination or any other form of abuse. People with disabilities, children and young people are some of the most vulnerable groups in Gill Support and Care Services’s community. It’s essential that Gill Support and Care Services identify, consult and respond to instances where persons with disabilities, children or young people are at risk of significant harm.

Common reasons for people with disabilities, children and young people to be at risk of significant harm include:

Domestic and family violence.
Physical, sexual and emotional abuse.
Neglect.

The impact of violence, abuse and neglect can span across all domains of a person’s development and life experiences. People who experience violence, abuse and neglect are more likely to have problems with:

Learning and development.
Physical and mental health.
Behaviour.

The purpose of this policy is to prevent and mitigate the effects of violence, abuse and neglect on participants through training and implementing processes to inform staff and protect participants who are at risk of significant harm.

Scope

Gill Support and Care Services will encourage and support any person who has witnessed the abuse of a service user or, who suspects that abuse has occurred, to make a report and be confident of doing so without fear of retribution.

Definition

Abuse and Neglect Any behaviour that is outside the norms of conduct and entails a substantial risk of causing physical or emotional harm to a person. Such behaviours may be intentional or unintentional and can include acts of omission (i.e., neglect) and commission (i.e., abuse).

Discrimination Treating or proposing to treat someone unfavorably because of a personal characteristic protected by the law. Discrimination includes bullying someone because of a protected characteristic.

Exploitation The action or fact of mistreating someone to benefit from their work. The action of making use of and benefiting from resources.

Violence Violent behaviour by one person towards another can include abusive behaviour that is physical, sexual, intimidating and forceful. People with a disability are more likely to experience violence from a carer or family member.

Policy

This policy aims to:

Take a preventative, proactive and participatory approach to participant safety.
Value and empower the participant to contribute to decisions which affect their lives.
Foster a culture of openness that supports all persons to disclose the risks of harm to participant safety.
Respect diversity in cultures and child-rearing practices, while keeping the participant’s safety paramount.
Provide training to staff on appropriate conduct and behaviour towards participants.
Engage only the most suitable people to work with participants and ensure.
Superior quality staff, volunteer supervision and professional development.
Ensure participants know who to talk to if they’re worried or feeling unsafe and that they’re comfortable and encouraged to raise any issues.
Report suspected abuse, neglect or mistreatment promptly to the appropriate authorities.
Share information appropriately and lawfully with other organisations where the safety and wellbeing of the participant is at risk.
Value the input of families and advocates and communicate regularly with them.

In the case that situation meets the criteria of a reportable incident, then the ‘Reportable Incident, Accident and Emergency Policy and Procedure’ will apply.

Statement of commitment to safety

Gill Support and Care Services is committed to the safety and wellbeing of all participants. This commitment is the primary focus of Gill Support and Care Services’s support and decision making. Gill Support and Care Services is committed to providing a safe environment where participants are safe and feel safe; their voices are heard and included in decisions that affect their lives. Attention is paid to the cultural safety of participants from culturally or linguistically diverse backgrounds.

staff members have a responsibility to understand the critical and specific role they play, both individually and collectively, to ensure the wellbeing and safety of all participants and young people are at the forefront of all they do and every decision they make.

Safe Code of Conduct

Gill Support and Care Services is committed to the safety and wellbeing of participants. Gill Support and Care Services’s business recognises the importance of, and responsibility for, ensuring Gill Support and Care Services’s environment is a safe, supportive and enriching environment that respects and fosters the dignity and self-esteem of all people, enabling them to thrive.

This code of conduct aims to protect both staff and participants and to reduce opportunities for abuse or harm to occur. It also assists in understanding how to avoid, or better manage, risky behaviours and situations. It’s intended to complement child protection legislation, disability legislation, policies and procedures and professional standards, codes or ethics as these apply to staff and other personnel.

Gill Support and Care Services’s management support the implementation and monitoring of the Code of Conduct. Gill Support and Care Services will plan, implement and monitor arrangements to provide inclusive and safe environments.

All staff, volunteers, and any other community members involved in participant-related work are required to comply with the Code of Conduct by observing expectations for appropriate and acceptable behaviour (see ‘4.3 Acceptable behaviors’ below). The Code of Conduct applies in all situations, including planned activities and the use of digital technology and social media.

Acceptable behaviours

staff or any other persons involved with participant-related work are responsible for supporting and promoting the safety of participants by:

Upholding Gill Support and Care Services’s Statement of Commitment for the participant’s safety.
Treating the participant, their family and advocates with respect within the environment and during outside activities as part of normal social and community activities.
Listening and responding to the views and concerns of the participant, particularly if they are reporting that they or another person have been abused; or that they’re worried about their safety or the safety of another participant.
Promoting cultural safety, participation and empowerment of Aboriginal and Torres Strait Islander people through interactions with their community leaders and members.
Promoting cultural safety, participation and empowerment of people with culturally or linguistically diverse backgrounds through engagement with the community accessing the service.
Promoting the safety, participation and empowerment of people with disabilities.
Reporting any allegations of abuse or any personal safety concerns to management.
Understanding and complying with all reporting or disclosure obligations (including state mandatory reporting), as they relate to protecting the participant from harm or abuse
Maintaining the right to live in a safe environment by promoting and informing the participants of their rights.
Ensuring participants are safe and protected from harm, as quickly as possible, once abuse is suspected.
Identifying themselves to a participant upon entering premises and show any required identification.

Unacceptable behaviours

As front-line workers, volunteers and community members involved in participant-related work, Gill Support and Care Services must not:

Ignore or disregard any concerns, suspicions or disclosures of abuse.
Develop a relationship with any participant that could be viewed as favoritism or grooming behaviour, e.g., Offering gifts.
Exhibit behaviours, or engage in activities, with participants that can be interpreted as abusive and unjustifiable in an educational, therapeutic or service delivery context.
Ignore behaviours by other adults towards young participants when they’re overly familiar or inappropriate.
Discuss content of an intimate nature or use sexual innuendo with participants, except where it occurs relevantly in the context of parental/advocate guidance or a therapeutic setting.
Treat a participant unfavorably because of their disability, age, gender, race, culture, vulnerability, sexuality or ethnicity.
Communicate directly with an underage participant, through personal or private contact channels, e.g., Social media, email, instant messaging or texting, except where that communication is reasonable in all the circumstances, related to work or activities, or where there is a safety concern or other urgent matter.

Screening, supervising, training and human resource practices to reduce risk

The staff will be required to undertake checks including disability worker checks, relevant police, and working with children checks and the mandatory NDIS Worker Orientation Module. All records will be maintained in their personnel file.

Procedure

Strategies to identify and reduce or remove the risk of harm

Gill Support and Care Services recognise that creating a safe organisation begins with a clear understanding of the potential risks to the participant and staff in an organisation’s setting. Gill Support and Care Services will identify possible issues and problems and plan to reduce or remove these risks.

To reduce the likelihood of harm Gill Support and Care Services will consider, define and act against its organisational risks.

These strategies include:

Thinking about the organisation, its activities and the services it provides to participants.
Planning how to make all activities as safe as possible.
Developing a safety plan for participants who require additional supports.
Supporting participants with disabilities to understand plans and safety procedures using appropriate communication methods Informing participants that they have the right to live in a safe environment.
Acting proactively to reduce the likelihood of any risks.

Reporting violence, abuse, neglect, exploitation and discrimination

A report must be made if:

A participant shows a change in behaviour or mood which may indicate they’re being abused.
Someone is observed behaving towards a participant in a way that makes others feel uncomfortable.
A participant advises they’re being abused by another person.
A person advises that they’re abusing another participant.
A participant or visitor informs that they’ve observed abusive acts.
A participant advises that they feel discriminated against, e.g., Language and actions.
A participant presents as unkempt or seeking food.
There is evidence of unexplained bruising or similar.
An action or inaction is witnessed that may be considered abusive.
When an individual, for any reason, believes a participant is being abused.

Failure to report an abusive situation may result in a criminal offence.

Reporting procedure below relates to:

Abuse or neglect of a person with disability.
Unlawful sexual or physical contact with, or assault of, a person with disability.
Sexual misconduct, committed against, or in the presence of, a person with disability, including grooming of the person with disability for sexual activity.
Unauthorised use of restrictive practices in relation to a person with disability.

Reporting Roles

The organisation will establish the following roles and ensure that allocated staff are aware of their responsibilities:

Approved Reportable Incident Approver responsibilities
Have the authority to review reports prior to submission to the NDIS Commission.
Submit new Reportable Incidents.
View previous Reportable Incidents submitted by their organisation.
Authorised Reportable Incidents Notifier responsibilities
Supports the ‘Authorised Reportable Incidents Approver’ to collate and report the required information.
Creates new Reportable Incident notifications to be saved as a draft for review and submission by the authorised approver.

How to report

Management Team will review the information and contact the police immediately to inform them of the suspected abuse.

Important note: To find out how to report abuse against children go to the ‘Working with Children Policy and Procedure’.

Reportable Incidents are submitted via the NDIS Commission Portal, ‘My Reportable Incidents’ page.

Complete an Immediate Notification Form and submit within 24 hours
Approved Reportable Incident Notifier will create for approval
Approve Reportable Incident Approver will approve and submit
1. Note: Approved Reportable Incident may create and submit, as required by the circumstance of the incident.
5-day form to be completed within 5 days of key stakeholders being informed
Approved Reportable Incident Notifier will create for approval
Approve Reportable Incident Approver will approve and submit
1. Note: Approved Reportable Incident may create and submit, as required by the circumstance of the incident.
Final Report will be submitted if requested by the NDIS Commission.
Approved Reportable Incident Notifier will create for approval
Approve Reportable Incident Approver will approve and submit
1. Note: Approved Reportable Incident may create and submit, as required by the circumstance of the incident.

Details to provide

The Management Team will give the following information to the authorities:

Participant’s name, age, date of birth and address.
Description of injury, abuse and neglect (outline current and previous).
Participant’s current situation.
Location of the participant and alleged perpetrator, if known.
Explanation of when and how abuse was discovered and by whom.

Note: NDIS forms must be submitted to NDIS Commission. Required police contact will use the above information.

Investigating allegation or incident

Management Team undertakes a review of the allegation or incident by:

Gathering data from relevant person/s.
Analysing the situation to determine what occurred, how it occurred, and the parties involved.
Determining the effect on the participant/s.
Consulting with relevant stakeholders; never seek information from children, as this requires a specialist, any questioning will be conducted by appropriate authorities once the incident is reported.
Informing the participant or their family that they have access to a support advocate.
Reviewing the outcome against practices.
Undertaking action to prevent the incident from being repeated.

Support the participant

Reported allegations or incidents require the Management Team to gather all the relevant information and make a report to the relevant authority such as the police or via each state’s reporting process.

Support will be provided to the participant relevant to the allegation or incident. Participant will be provided an appropriate advocate, if required.

Documentation

Record all allegations and incidents in the Incident Register.
Complete Incident Investigation Form, if required.
Reports to be included in the participant’s file.
Complete Immediate Notification Form and 5 Day Form and NDIS Report as required
Maintain records for seven (7) years.

PERSON-CENTRED SUPPORTS POLICY AND PARTICIPANT SERVICE CHARTER OF RIGHT

The NDIS Commission aims to uphold the rights of people with disabilities, including the right to dignity and respect, and to live free from abuse, exploitation, and violence. This is in keeping with Australia’s commitment to the United Nations Convention on the Rights of Persons with Disabilities. The organisation has used this statement as the basis of Gill Support and Care Services’s policy.

The purpose of this policy is to empower people with disabilities to exercise choice and control in the support services they receive while ensuring appropriate protections are in place; and building the capacity of people with disabilities, their families, and their carers to make informed decisions about NDIS providers.

The policy applies to all staff and participants. It is aimed at informing participants of the rights.

Policy

Gill Support and Care Services will provide support that promotes, upholds and respects individual rights to freedom of expression, self-determination and decision-making. The Participant Service Charter outlines participants’ rights, how participants’ will be treated, and what participants can expect from Gill Support and Care Services. This Charter also sets out participants’ responsibilities, and how participants can give feedback on any aspect of the service.

Gill Support and Care Services takes a person-centered and evidence-based approach to any services that Gill Support and Care Services provide, where the participant, family or their advocate is primary to any decisions being made.

Gill Support and Care Services exists to work with the organisations participants, their advocates, family members and other service providers as relevant, to provide the services to meet the organisations participant’s need, within the scope of Gill Support and Care Services’s services.

Gill Support and Care Services will provide support and work with community groups or education programs directly, or in partnership with other services. Participants’ can find information about Gill Support and Care Services’s services the organisations website, or by asking one of the workers.

Gill Support and Care Services will work with other groups, services and programs either directly or in partnership to ensure that relevant supports are provided.

Gill Support and Care Services’s Charter of Rights will be given to participants in the form of a Handbook, Easy Read Format using simple terminologies such as Your Rights, Your Responsibilities and Gill Support and Care Services’s Responsibilities.

Participants rights

Gill Support and Care Services adopts a policy of non-discrimination regarding eligibility and entry to services, and in the provision of Gill Support and Care Services’s support services to individuals.

Participants have the right to:

Have access and supports that promote, uphold and respect participants’ legal and human rights.
Exercise informed choice and control.
Freedom of expression, self-determination and decision-making.
Access supports that respect participants’ culture, diversity, values and beliefs.
A service that respects participants’ right to privacy and dignity.
Be supported to make informed choices which will maximise independence.
Access supports free from violence, abuse, neglect, exploitation or discrimination.
Receive supports which are overseen by strong operational management.
Access services which are safeguarded by Caring Carers well-managed risk and incident management system.
Receive services from workers who are competent, qualified and have expertise in providing person-centered supports.
Consent to the sharing of information between providers during the transition.
Opt-out of giving information as required by NDIS.

Participant Responsibilities

The information below explains the participants responsibilities when using Gill Support and Care Services’s services.

Respect the rights of staff, ensuring their workplace is safe and healthy and free from harassment.
Abide by the terms of their agreement with us.
Understand that their needs may change, and with this, their services may need to change to meet their needs
Accept responsibility for their actions and choices even though some decisions may involve risk.
Tell Gill Support and Care Services if participants have problems with either the organisation’s staff or services that participants are receiving.
Give Gill Support and Care Services enough information to develop, deliver and review their Support Plan.
Care for their own health and wellbeing as much as participants are able.
Provide Gill Support and Care Services with information that will help the organisation better meet their needs.
Provide Gill Support and Care Services with a minimum of 24 hours’ notice when participants will not be home for their service.
Be aware that Gill Support and Care Services’s staff are only authorised to perform the agreed number of hours and tasks outlined in their Service Agreement.
Participate in safety assessments of their home.
Ensure pets are controlled during service provision.
Provide a smoke-free working environment.
Pay the agreed amount for the services provided.
Tell Gill Support and Care Services in writing (where able) and give Gill Support and Care Services notice before the day participants intend to stop receiving services from us.
To inform staff if participants wish to opt-out when asked.

Right to give Feedback

Gill Support and Care Services values participant’s feedback. This may be on something that Gill Support and Care Services did well or something that the organisation needs to do better. Here are several ways that participants can do this:

Completing a Complaint/Feedback form
Talking directly to a staff
Ask to speak to a more senior person
Contacting the office on the phone
Anonymously

Gill Support and Care Services will resolve complaints openly, honestly and quickly. participants’ complaint and a response will be acknowledged within one (1) working day. (See Gill Support and Care Services’s Complaints/ Feedback Policy and Procedures for our detailed process).

If participants’ are not satisfied with the resolution of their complaint, participants may contact an independent body such as:

NDIS Commission on Ph: 1800 035 544 (free call from landlines) or TTY 133 677.

NDIS Code of Conduct

Gill Support and Care Services’s team will provide supports or services to the participants and will provide a quality service if participants, their family and advocate:

Provide complete and accurate information about yourself, and the participant’s situation
Explain if there is a change in the participants’ health.
Let Gill Support and Care Services’s staff know if things change, or if the participant cannot keep an appointment or commitment.
Complete consent forms, so Gill Support and Care Services can work with the participants’ advocate (if applicable).
Act respectfully and safely towards other people using the service, and towards Gill Support and Care Services’s frontline staff.
Provide feedback about the service, and how participants think Gill Support and Care Services could do things better for them.
Report back to Gill Support and Care Services if unhappy with Gill Support and Care Services’s services or if there is any matter of concern.

Gill Support and Care Services’s commitment to participants

Gill Support and Care Services takes a strengths-based, person-centered, holistic approach to care and support, where the participant or their advocate is primary to any decisions being made. Gill Support and Care Services’s team will ensure that the participants’ services are managed with respect and in consultation with you. When participants are in contact with the organisation.

Gill Support and Care Services will:

Always treat participants with respect.
Treat participants fairly and without discrimination.
Inform participants of their rights and responsibilities through Gill Support and Care Services’s orientation process, easy read documents and handbooks.
Protect their personal information and only use it for the right reasons.
Involve participants in decisions about the services that participants access.
Support participants to connect with other services if needed.
Tell participants how to provide Gill Support and Care Services with feedback on the organisations’ service.
Ensure their safety and undertake practices that prevent injury to participants and others.
Help participants to access and use Gill Support and Care Services’s services.
Comply with their signed Service Agreement.
Inform participants of their rights and responsibilities.
Arrange for an interpreter or other language services, if participants need this.
Be polite and respect their views, opinions, personal circumstances and cultural diversity.
Provide participants with advice and different options on other supports and services that may be available.
Provide staff that has the appropriate skills and competencies to meet their needs.
Treat participants with dignity, fairness and respect, without discrimination or victimisation.
Inform participants how they can make a complaint and provide information on how Gill Support and Care Services will respond to that complaint.
Provide support and care that recognises and acknowledges each person’s preferences, choices, interests, and capability.
Support their rights to receive quality care, and support in an appropriate environment which promotes their participation.
Provide services that meet or exceed relevant industry standards such as the NDIS Practice Standards and Quality Indicators, NDIS Rules and the Charter of Rights.

ADVOCACY SUPPORT POLICY AND PROCEDURE

Gill Support and Care Services recognises the importance of ensuring the participant’s right to use an advocate or representative of their choice is maintained. Both participants and potential participants have the right to select and involve an advocate, or a representative of their choice, to participate or act on their behalf at any time.

This policy applies to all participants, staff, volunteers and stakeholders.

Policy

All participants have the right to use an advocate of their choice to represent their interests and speak on their behalf regarding any aspect of the supports or services that they receive.

staff will work cooperatively with the participant’s nominated advocate and will show the same respect to the advocate as is shown to the participant. Where participants cannot advocate for themselves, it is Gill Support and Care Services’s policy to ensure that the participant’s interests are represented and supported using a substitute decision-maker.

Advocacy Principles

Gill Support and Care Services will ensure that all staff receive training in the use of advocates.
Gill Support and Care Services will maintain printed material on advocacy and advocacy services.
Gill Support and Care Services will maintain local advocacy resource/contact lists.
Gill Support and Care Services will work cooperatively with any nominated advocate chosen by the participant and show the same respect to the advocate, as is shown to the participant.
Gill Support and Care Services will utilise a governance system to enable Gill Support and Care Services to identify where a Participant needs advocacy.

DEFINITION

Advocacy: is the active support for a cause or position and, in this context, it is an expression of support for a person who may find it difficult to speak for him or herself. It may include matters such as achieving social justice, improving a person’s well-being, prevention of abusive and/or discriminatory treatment or stopping unjust and unfair treatment so that a person’s fundamental needs and interests can be met.

Below is a list of types of advocacies:

Individual Advocacy: a one-on-one approach, aiming to prevent or address instances of discrimination or abuse.
Systemic Advocacy: working to influence or secure long-term changes to ensure the collective rights and interests of people with disabilities.
Family Advocacy: a parent or family member advocates with and on behalf of a family member with a disability.
Citizen Advocacy: matches people with disabilities with volunteers.
Legal Advocacy: upholds the rights and interests of individual people with disabilities by addressing the legal aspects of discrimination, abuse and neglect.
Self-Advocacy: supports people with disabilities to advocate for themselves, or as a group.

Procedure

Initial Assessment (Participant without an Advocate)

Discuss the participant’s right to appoint an advocate at any time and to have an advocate present to speak on their behalf.
Provide the participant with advocacy information.
Explain to the participant their rights regarding advocacy as per the Gill Support and Care Services’s Service Agreement and Charter of Rights, and the NDIS Practice Standards and Quality Indicators 2018.
Advise the Participant that if they wish to utilise advocacy services, then Gill Support and Care Services can assist them in contacting any of these services.
Provide the form; “Authority to Act as an Advocate” to the Participant. In the event that they decide to utilise the services of an advocate. The completed and signed form is kept in the participant’s file.
Discuss and document any specific communication issues or protocols to be used; between the service and the advocate (such as email, phone or any other method.
Inform the participant that they can withdraw approval for an advocate to act on their behalf at any time.

Initial Assessment (Participants with Advocates/Representatives)

Prior to an Initial Assessment

At initial contact with the participant ensure that the person is informed of their right to an advocate and record the advocate’s details if the individual has an advocate.

Advise the Participant of the need to complete the Authority to Act as an Advocate form and provide this form to the Participant.

Contact the advocate to ensure they are aware that they have been nominated as an advocate and agree to do so.

The completed Authority to Act as an Advocate for is kept in the participant’s file.

Ensure the potential participant is aware of their advocacy rights, including the right to have an advocate present for all assessments, meetings and communication between the Participant and Gill Support and Care Services.

Schedule the Participant’s initial assessment at a time and date that will enable the advocate to be present.

Ensure an identified Advocate is present at the assessment.

At an initial assessment

If not already received, request the completion of the Authority to Act as an Advocate form. Explain that this must be completed for Gill Support and Care Services to formally recognise the nominated person as the Participant’s advocate.

Gather information about the advocate, such as contact details and methodology.

Explain that the Participant has the right to change their advocate at any time. Changes should be documented with written confirmation from the Participant using the Authority to Act as an Advocate form.

Working with Advocates

Clearly identify the existence of an Advocate on the Participant’s file.

Discuss and document any specific communication issues or protocols to be used, between the service and the advocate.

Communicate with a Participant’s advocate and involve them in the process of goal setting, planning service responses, and / or referrals for additional or alternative services.

Provide the Advocate with ongoing information regarding the health and well-being of the Participant as agreed.

Ensure all On-Call staff are aware of the Participant’s Advocate.

Continuing work with Advocates

Remind Participants of their right to have (or change) an advocate by providing them written and verbal information during reassessments, visits or meetings.

Remind the participants of their right to have (or change) an advocate, during each annual review of services or via written communication. Gill Support and Care Services will communicate and work cooperatively with the advocate.

Refer Participants who are assessed as “not able to manage their service” and who have no other advocate to the Department of Justice and Community Safety and Attorney General, Office of the Public Advocate as appropriate.

Note: there is a web-link to access advocacy services which require the input of a postcode. Gill Support and Care Services will guide and assist participants in this matter.

Advocacy Information

Australian Centre for Disability Law –
Autism Asperger’s Advocacy Australia (A4) –
The Autistic Self Advocacy Network of Australia and New Zealand –
Blind Citizens Australia – bca.org.au
Brain Injury Australia – braininjuryaustralia.org.au
Children with Disability Australia – cda.org.au
Deaf Australia – deafau.org.au
Deafness Forum of Australia – deafnessforum.org.au
Disability Advocacy Network Australia (DANA) – dana.org.au
First Peoples Disability Network (FPDN) – fpdn.org.au
Human Rights Council of Australia – hrca.org.au
Intellectual Disability Rights Service (IDRS) – idrs.org.au
Mental Health Australia – mhaustralia.org
National Council on Intellectual Disability (NCID) – ncid.org.au
National Ethnic Disability Alliance (NEDA) – neda.org.au
Physical Disability Australia (PDA) – pda.org.au
People with disabilities Australia pwd.org.au
Short Statured People of Australia – sspa.org.au
Women with Disabilities Australia (WWDA) – wwda.org.au

INDIVIDUAL VALUES AND BELIEFS POLICY AND PROCEDURE

Gill Support and Care Services commits to cultural diversity and to the support of Gill Support and Care Services’s participants by respecting their culture, diversity, values and beliefs. Gill Support and Care Services will recognise and value the multicultural nature of Australian society and give specific acknowledgement and support to the customs of Australian Indigenous peoples.

People with disabilities have the same right as other members of Australian society to realise their full potential. They should be supported to participate in and contribute to social and economic life. Inclusion of, and access for, people with disabilities to mainstream and community-based activities and other government initiatives.

To inform the community of Gill Support and Care Services’s service provision capacity, including the priority of access process and eligibility criteria requirements. Gill Support and Care Services will encourage and manage requests for service from potential participants and referrals to and from other agencies.

This policy is inclusive of all community groups and will include people such as Aboriginal and Torres Strait Islander, culturally and linguistically diverse, various ages and stages of development, sexual orientation and disability. This policy will apply to a staff engaged to work with the participants. This policy applies to Gill Support and Care Services’s staff and management.

Policy

Gill Support and Care Services will deliver flexible services that are designed to meet the needs of diverse peoples. Gill Support and Care Services will actively provide a work environment which supports values and encourages cultural diversity through training staff to develop their cultural understandings.

Gill Support and Care Services will identify any real or potential barriers for the participant to access Gill Support and Care Services’s services.

Gill Support and Care Services’s strategies to ensure equity for all peoples may include:

Treating all people equally according to their human rights.
Including all people regardless of their background, ethnicity, culture, language, beliefs, gender, age, sexual orientation, and socioeconomic status, level of ability, additional needs, family structure or lifestyle.
Promoting inclusive practices and ensuring the successful involvement of participants in the community to enable them to reach their goals and aspirations.

Gill Support and Care Services will collaborate with the participant to identify their culture, diversity, values and beliefs. Gill Support and Care Services acknowledges the participant’s right to practice their cultures, values and beliefs. Gill Support and Care Services will work with the participant to ascertain how and when they wish to participate in any religious or cultural practices. The team must respond sensitively to the participant’s requirements and work with the participant to access their required supports.

Gill Support and Care Services recognises, respects, promotes and celebrates the value of cultural diversity. Gill Support and Care Services’s team will adopt and implement inclusive and culturally diverse policies and strategies.

Gill Support and Care Services is committed to social inclusion and community participation in both the delivery and expansion of services to disadvantaged participants. Gill Support and Care Services’s team will work in partnership with the community, Aboriginal and Torres Strait Islander people, culturally and linguistically diverse groups, people with different sexual orientations and those with disabilities.

To improve and support the varying needs of people with disabilities, their families and advocates, Gill Support and Care Services will access links between other service systems.

Gill Support and Care Services will:

Consult Gill Support and Care Services’s participants to facilitate the provision of fair, equitable and transparent services.
Work with services in the community to ensure Gill Support and Care Services’s participants are provided with relevant contacts to other services and community networks to enable the development of their personal goals, outcomes and aspirations, and in line with their Support Plan.
Actively encourage and support Gill Support and Care Services’s participants to maintain personal networks, community connections and participate in their community.
Use networks and community engagement feedback to inform management processes.

Gill Support and Care Services will gather information about the participant’s cultural, beliefs, values and diversity. Participant’s decisions and choice on practicing their beliefs and cultural practices are supported and recorded in their Support Plan.

Gill Support and Care Services’s commitment is to make sure people with disabilities are connected into their communities by:

Providing information on mainstream services and community activities which will benefit people with disabilities, as well as their families and advocates.
Contributing to relevant links and networks within the community.
Providing participation and inclusion of people with disabilities by working in partnership with community organisations.

Gill Support and Care Services is committed to identifying and liaising with other stakeholders. Stakeholder identification and contact are dependent on the participant but may include local community support organisations, job networks, training organisations, and housing agencies.

Gill Support and Care Services will uphold and promote the legal and human rights of all people and abide by the United Nations Convention on the Rights of People with Disabilities.

Gill Support and Care Services will treat all people with courtesy, dignity and recognise their human rights to self-determination and privacy.

Procedure

Gill Support and Care Services will ensure that all participants are treated fairly and in a non-discriminatory manner. This intent incorporates both intake and service delivery processes. Information provided will be in an easy read format, but Gill Support and Care Services will arrange relevant support in the form of home language, or using an interpreter, as required. If a participant has a barrier of not being able to read or understand information, then a support person will be supplied to assist the participant in understanding what is being said or explained.

Gill Support and Care Services will support the participant to access supports linked to their culture, diversity, values and beliefs. The type of support and responses will be determined through consultation with the participant and following the choices made by the participant. To assist the participant in making choices about their level of participation in their relevant supports, Gill Support and Care Services’s team may:

Actively pursue contacts that have been chosen by the participant.
Contact local communities such as cultural, religious, sexual orientation groups or spiritual groups including Aboriginal and Torres Strait Islander communities.
Contact government agencies to support individual participants.
Seek community members and groups to receive input into the service,
Contact advocates assisting with the development of community Support Plans for the participants.
Actively support the rights of the participant to seek contact with those in the community, relevant to their wishes, goals and aspirations. The participant will be encouraged to join with related community links, as required.
Following the participant’s aspirations and needs to participate in the community actively.

Gill Support and Care Services will make relevant contacts for the participant to assist in initial involvement with their selected group or individual.

Gill Support and Care Services will work with Aboriginal and Torres Strait Islander peoples and culturally diverse groups to actively engage with their communities. The Support Plan will Support from their community will be incorporated within the Support Plan. This support will be assessed, monitored and reviewed to ensure that goals and aspirations of participants are met using the relevant support. Gill Support and Care Services will provide services that meet the aspirations and goals of the participant for inclusion in the community.

Gill Support and Care Services will work with the community to actively encourage the participant to participate in various activities, including employment, education, sporting activities, cultural events, and any relevant activities.

Gill Support and Care Services are committed to building relationships with key stakeholders, including Government, organisations and communities working together to get the best result for their participants. Gill Support and Care Services will ensure that their services are tailored to ensure that they are meeting their participant’s needs in a flexible way, acknowledging that each person’s needs are different.

Gill Support and Care Services will give a high priority to providing early intervention and prevention towards each participant’s situation, thus heading off problems by understanding the root causes and intervening early. Gill Support and Care Services will undertake Cultural Competence training for staff to increase knowledge and strategies of working in an inclusive manner.

Gill Support and Care Services promote inclusion by:

Working closely with a network of health and allied health professionals to be able to support the holistic needs of Gill Support and Care Services’s participants.
Building effective partnerships with the participants and their families, advocates and support people to discuss and foster shared priorities and the participant’s individual needs and goals.
Focused efforts on building social inclusion and participation opportunities within the range of services provided.
Providing information on community events and other relevant networks that meet participant’s needs and identified goals.
Working within the participant’s networks and supports, including childcare, kinder, school or home environments, which allows Gill Support and Care Services to assist the participant in fostering relationships and participation in familiar surroundings.
Having a community linkages policy that outlines the ways in which Gill Support and Care Services will work with other communities for the betterment of their participants.
Operating in a manner that ensures all people can access Gill Support and Care Services’s services.

PRIVACY AND DIGNITY POLICY AND PROCEDURE

Gill Support and Care Services will manage and ensure that the organisation provides the participant access to services and supports that respect and protect their dignity and right to privacy.

This policy applies to all staff and contractors.

Policy

Gill Support and Care Services is committed to protecting and upholding all stakeholders right to privacy and dignity; including participants, staff, management and representatives of agencies, Gill Support and Care Services deal with.

Gill Support and Care Services are committed to protecting and upholding the participants right to privacy and dignity as the organisation collect, store and handle information about them, their needs and the services provided to them.

Gill Support and Care Services is subject to NDIS (Quality and Safeguards) Commission rules and regulations. Gill Support and Care Services will follow the guidelines of the Australian Privacy Principles in its information management practices.

Gill Support and Care Services will ensure that each participant understands, and agrees to, what personal information will be collected and informed of the reason for the collection. The participant will be informed and agree to this information is being recorded material in an audio and/or visual format.

Gill Support and Care Services will advise each participant of privacy policies using the language, mode of communication and terms that the participant is most likely to understand. (Easy Read documents are made available to all participants).

Gill Support and Care Services will ensure that:

It meets its legal and ethical obligations as an employer and service provider in relation to protecting the privacy of participants and organisational personnel.
The participants are provided with information about their rights regarding privacy and confidentiality.
The participants and organisational personnel are provided with privacy, and confidentiality is assured when they are being interviewed or discussing matters of a personal or sensitive nature.
All staff, management and volunteers understand what is required in meeting these obligations.
Participants are advised of Gill Support and Care Services’s confidentiality policies using the language, mode of communications and terms that are most likely to be understood.
Gill Support and Care Services will attempt to locate interpreters and will use easy access materials.

This policy conforms to the Federal Privacy Act (1988) and the Australian Privacy Principles, which govern the collection, use and storage of personal information.

This policy will apply to all records, whether hard copy or electronic, containing personal information about individuals, and to interviews or discussions of a sensitive personal nature.

Procedures NDIS Information

Dealing with personal information

In dealing with personal information, Gill Support and Care Services staff will:

Ensure privacy for the participants, staff, or management when they are being interviewed or discussing matters of a personal or sensitive nature.
Only collect and store personal information that is necessary for the functioning of the organisation and its activities.
Use fair and lawful ways to collect personal information.
Collect personal information only with consent from the individual.
Ensure that people know of the type of personal information being held, the purpose of keeping the information and the method it is collected, used, disclosed, and who will have access to it.
Ensure that personal information collected or disclosed is accurate, complete, and up-to-date, and provide access to the individual to review information or correct wrong information about themselves.
Take reasonable steps to protect all personal information from misuse and loss and from unauthorised access, modification or disclosure.
Destroy or permanently de-identify personal information no longer needed and/or after legal requirements for retaining documents have expired.
Ensure that participants understand and agree with what personal information will be collected and why.
Ensure participants are informed when any recordings occur in either audio and/or visual format. The participant’s involvement in any recording must be agreed to in writing.

Participant Records

Participant records will be kept confidential and only handled by staff directly engaged in the delivery of services to the participant. Information about participants may only be made available to other parties with the consent of the participant, their advocate, guardian or legal representative. A written agreement giving permission to the recording must be maintained in the participant’s file.

All hard copy files of participant records will be kept securely in a locked filing cabinet, in the office space.

All digital files of participant records will be password protected.

Responsibilities for Managing Privacy

All staff are responsible for the management of personal information to which they have access. The Director is responsible for the content in Gill Support and Care Services publications, communications and on the website and must ensure the following:

Appropriate consent is obtained for the inclusion of any personal information about any individual, including Gill Support and Care Services personnel (Consent Policy and Procedure).
Information being provided by other agencies or external individuals conforms to privacy principles.
That the website contains a Privacy Statement that makes clear the conditions of any collection of personal information from the public through their visit to the website.

The Director is responsible for safeguarding personal information relating to Gill Support and Care Services’s staff, management and contractors. The Director will be responsible for:

Ensuring that all staff are familiar with the Privacy Policy and administrative procedures for handling personal information.
Ensuring that participants and other relevant individuals are provided with information about their rights regarding privacy and dignity.
Handling any queries or complaints about a privacy issue.

Privacy Information for Participants

At the first interview, participants will be notified of the type of information that is being collected about them, how their privacy will be protected and their rights in relation to this data. Information sharing is part of Gill Support and Care Services’s legislative requirements. Participants must give consent to any information sharing between the organisation and government bodies. The participant is offered the opportunity to opt-out of any NDIS information sharing during audits via their consent form.

Privacy for Interviews and Personal Discussions

To ensure privacy for participants or staff when discussing sensitive or personal matters, Gill Support and Care Services will only collect personal information which is necessary for the provision of supports and services and which:

Is given voluntarily; and
Will be stored securely on the Gill Support and Care Services database.

When in possession or control of a record containing personal information, Gill Support and Care Services will ensure that the record is protected against loss, unauthorised access, modification or disclosure, by such steps as it is reasonable in the circumstances to take. If it is necessary for that the record be given to a person in connection with the provision of a service to Gill Support and Care Services, everything reasonable will be done to prevent unauthorised use or disclosure of that record Gill Support and Care Services will not disclose any personal information to a third party without the individual’s consent unless that disclosure is required or authorised by or under law.

CONFIDENTIALITY POLICY AND PROCEDURE

The purpose of this policy and procedure is to ensure Gill Support and Care Services upholds each participant’s individuality, dignity and privacy. The policy sets out Gill Support and Care Services’s responsibilities relating to the collection and protection of participant’s information.

Definition

Health information – Any information or an opinion about the physical, mental or psychological health or ability (at any time) of an individual.

Personal information – Recorded information (including images) or opinion, whether true or not, about a living individual whose identity can reasonably be ascertained.

Sensitive information – Information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political party, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preference or practices, or criminal record.

Policy

Privacy and confidentiality of participant’s information are of paramount importance to Gill Support and Care Services. Gill Support and Care Services will only collect information necessary for effective service delivery. Gill Support and Care Services will only use information collected for the purpose it was collected and secure it appropriately.

Gill Support and Care Services will collect, use and disclose information in accordance with relevant state and Federal privacy legislation.

Procedures

Gill Support and Care Services will keep participants informed of their rights.
Gill Support and Care Services will ensure participants and their authorised representative has access to participant personal information.
Gill Support and Care Services will keep participant information secure.
Computers and laptops will be protected by user access credentials.
Gill Support and Care Services will not release information related to participants to other individuals or services without the consent of the participant or their representative.
Gill Support and Care Services will respect participant’s right to withdraw from consent at any time.
Gill Support and Care Services will collect, use and disclose information in accordance with relevant state and Federal privacy legislation.
All staff are responsible for upholding <company names>’s privacy and confidentiality responsibilities.
Management will plan for participants with special needs to assist with protecting their privacy and dignity.
Gill Support and Care Services will give due consideration to individuals and groups with special needs when upholding their privacy, dignity and confidentiality.
Gill Support and Care Services will capture participant information in the privacy of their home or in Gill Support and Care Services’s office and ensure that it is in an area that prevents other people from hearing their personal details.
Participants’ privacy will be respected, and assistance will be given in a dignified and appropriate manner during social outings or in their own home.
staff will ensure time and space for participant privacy, respecting and encouraging participant independence.
Individual choice will be respected regarding clothing and grooming, taking into account various factors such as the weather to ensure warmth if cold or to avoid overheating during hot seasons.
Employees will show respect for the participant’s home and participant belongings.
Gill Support and Care Services will collect, use and disclose information in accordance with relevant state and Federal privacy legislation.
Participant Information will not be collected or released to other individuals or services without informed consent from the participant, their representative, or in exceptional circumstances i.e., where legislation requires, in case of life threating emergency.
Clinical records are to be kept in a locked filing cabinet when not being used in the office; if a home file is kept this is to be kept discretely and privately in the participant’s home where the participant wishes to keep it.
Gill Support and Care Services will not provide participant information over the phone as it is difficult to determine the identity of the caller(s).
Gill Support and Care Services will ensure improvements identified through staff and participant feedback, are actioned through the company’s Continuous Improvement Plan.
Gill Support and Care Services will monitor staff knowledge and application of confidentiality and privacy principles on-the-job and through yearly Performance Reviews.
Gill Support and Care Services will provide additional on-the-job and formal training to staff where required.

Staff Privacy and Confidentiality

Staff information Gill Support and Care Services collects include but is not limited to tax declaration form; employment / engagement contract; personal details; emergency contact details; medical details; police and Working with Children Check records; Qualifications; First Aid, CPR and Anaphylaxis certificates; medical history; personal resume; payroll information; and Superannuation details.

Staff information may be accessed from the Management Team.

Staff have the right to request access to personal information Gill Support and Care Services holds about them, without providing a reason for requesting access; access this information; and make corrections if they consider the information is not accurate, complete or up to date.

If an individual requests access to or the correction of personal information, within a service benchmark of 2 working days (and no more than 45 days after receiving the request), staff will provide access, or reasons for the denial of access; correct the personal information, or provide reasons for the refusal to correct the personal information; or provide reasons for the delay in responding to the request for access to or correction of personal information.

Staff personal and health information will only be disclosed for medical treatment or emergency; with written consent from the staff member; when required by Commonwealth Law, or to fulfil legislative obligations such as mandatory reporting.

Monitoring and Review

MANAGEMENT OF DATA BREACH POLICY AND PROCEDURE

To meet legislative compliance requirements as a mandatory reporter of eligible data breaches to both the Office of the Australian Information Commissioner (OAIC) and any individuals who may be potentially affected by a data breach; to inform relevant authorities of any breach, and to limit and reduce risks to the business and ensure continuous improvement in maintenance of data held by Gill Support and Care Services.

All staff are required to maintain the confidentiality of all data relating to participants and other staff members. This policy relates to all personal data regarding both participants and team members.

Policy

Gill Support and Care Services views data breaches as having serious consequences, the organisation must have robust systems and procedures in place to identify and respond effectively.

Gill Support and Care Services will delegate relevant staff members with the knowledge and skills required to become a Response Team member.

staff are required to inform the Director or their delegate of the potential, or suspected, data breach immediately. Within forty-eight (48) hours, the Director is to complete a Data Breach Process Form and ensure that, as a regulated entity, they notify the particular individuals and the Commissioner about eligible data breaches as soon as practicable (no later than thirty (30) days after becoming aware of the breach or suspected breach).

If a staff member becomes aware that there are reasonable grounds to believe that there has been an eligible data breach, Gill Support and Care Services is required to promptly notify any individuals at risk of being affected by the data breach and the OAIC.

Gill Support and Care Services will undertake the following when an eligible data breach has occurred:

Prepare a statement that, at a minimum, contains:
1. Gill Support and Care Services contact details:
  1. If relevant, the identity and contact details of any entity that jointly or simultaneously holds the same information, in respect of which the eligible data breach has occurred, e.g., due to outsourcing, joint venture or shared services arrangements. If information of this sort is included in the statement, the other entity will not need to report the eligible data breach separately.
1. A description of the data breach.
1. The kinds of information concerned.
1. The steps it recommends individuals take to mitigate the harm that may arise from the breach (while the entity is expected to make reasonable efforts to identify and include recommendations, it is not expected to identify every recommendation possible following a breach).
Provide a copy of the prepared statement to the OAIC using the online Notifiable Data Breach Form.
Undertake such steps, as are reasonable in the circumstances, to notify affected or at-risk individuals of the contents of the statement. Individuals will be notified by email, telephone or post, depending on the situation; if direct notification is not practicable Gill Support and Care Services will publish the statement on its website and take reasonable steps to publicize its contents.

Definition

Data breach (Eligible Data Breach) – Unauthorised access to or unauthorised disclosure of personal information or personal information is lost in circumstances where unauthorised access to, or unauthorized disclosure of the information is likely to occur.

Likely (likely to result in serious harm) – To be interpreted to mean more probable than not.

An assessment as to whether an individual is likely to suffer ‘serious harm’ because of an eligible data breach depends on, among many other relevant matters:

the kind and sensitivity of the information subject to the breach
whether the information is protected and the likelihood of overcoming that protection
if a security technology or methodology is used in relation to the information to make it unintelligible or meaningless to persons not authorised to obtain it – the information or knowledge required to circumvent the security technology or methodology
the persons, or the kinds of persons, who have obtained, or could obtain, the information.
the nature of the harm that may result from the data breach.

Potential forms of serious harm – Could include physical, psychological, emotional, economic and financial harm, as well as harm to reputation.

Remedial action – There are several exceptions to the notification obligation, including importantly where an entity is able to take effective remedial action to prevent unauthorised access to, or disclosure of, information when it is lost or to prevent any serious harm resulting from the data breach. Where such remedial action is taken by an entity, an eligible data breach will not be taken to have occurred, and therefore an entity will not be required to notify affected individuals or the OAIC.

Suspicion of an eligible data breach – If Gill Support and Care Services merely suspects that an eligible data breach has occurred, but there are no reasonable grounds to conclude that the relevant circumstances amount to an eligible data breach, the entity must undertake a “reasonable and expeditious assessment” of whether there are in fact reasonable grounds to believe that an eligible data breach has occurred.

Assessment time frame – Within 30 days after the day, it became aware of the grounds that caused it to suspect an eligible data breach.

Personal Information – Personal information includes a broad range of information, or an opinion, that could identify an individual. Personal information will vary, depending on whether a person can be identified or is identifiable in the circumstances.

For example, personal information may include:

an individual’s name, signature, address, phone number or date of birth
sensitive information
credit information
staff member record information
photographs
internet protocol (IP) addresses
voiceprint and facial recognition biometrics (because they collect characteristics that make an individual’s voice or face unique)
location information from a mobile device (because it can reveal user activity patterns and habits)

Procedure

Stage 1. Assess and determine the potential impact

Once notified of the potential data breach, the Director must consider whether a privacy data breach has (or is likely to have) occurred and then make a preliminary judgement as to its possible severity. Advice on how to manage the data breach should be sought from appropriate managerial staff.

Criteria for determining whether a privacy data breach has occurred:

Is personal information involved?
- Is personal information of a sensitive nature?
- Has there been unauthorised access to personal information, or unauthorised disclosure of personal information or loss of personal information, in circumstances where access to the information is likely to occur?

Criteria for determining the severity of the breach:

Type and extent of personal information involved.
- The number of individuals that have been affected.
- If information is protected by any security measures (password protection or encryption).
- Type of person/s who now have access.
- Whether there is (or could be) a real risk of serious harm to the affected individuals.
- If there could be media or stakeholder attention due to the breach/suspected breach.

With respect to the above, serious harm could include physical, physiological, emotional, economic/financial or harm to reputation and is defined in Section 26WG of the National Data Breach Act.

The Director and relevant staff will take a preliminary view as to whether the breach (or suspected breach) may constitute a Notifiable Data Breach. Accordingly, the Director will issue pre-emptive instructions as to whether the data breach should be managed at the local level or escalated to the Data Breach Response Team (Response Team); this will depend on the nature and severity of the breach.

Stage 2. Select appropriate data breach management option

Data breach managed at a local level by managerial staff

The Director will ensure implementation of immediate corrective action if this has not already occurred. Corrective action may include retrieval or recovery of personal information, ceasing unauthorised access, shutting down or isolating the affected system.
A Data Breach Process Report is to be completed within 48 hours of receiving instructions. The report will contain a:
Description of the breach or suspected breach.
Summary of action taken.
Summary of outcomes from the action taken.
Outline of processes implemented to prevent a repeat situation.
Recommendation outlining why no further action is necessary.
The Director will sign off, confirming that no further action is required.

Data breach managed by the Data Breach Response Team

When the Director instructs that the data breach be escalated to the Response Team, the Director will convene the Response Team and notify any relevant managerial staff.
The Response Team will consist of:
Director.
Human Resource nominee.
Information Technology nominee.
Marketing and external relations nominee.
Other people are nominated by the Director.

Primary role of the Data Breach Response Team

There is no single method of responding to a data breach. Each incident must be dealt with, on a case-by-case basis, by assessing the circumstances and associated risks to inform the appropriate course of action.

The following steps may be undertaken by the Response Team, as appropriate:

Immediately contain the breach, if this has not already occurred. Corrective action may include retrieval or recovery of the personal information, ceasing unauthorised access, shutting down or isolating the affected system.
Evaluate the risks associated with the breach, including collecting and documenting all available evidence of the breach, having regard for the information outlined above.
Call upon the expertise of, or consult with, relevant staff in specific circumstances.
Engage independent cybersecurity or a forensic expert, as appropriate.
Assess whether serious harm is likely (with reference above and to Section 26WG of the National Data Breach Act).
Make a recommendation to the Director whether this breach constitutes an NDB for mandatory reporting to the OAIC, and the practicality of notifying affected individuals.
Consider developing a communication or media strategy including the timing, content and method of any announcements to participants, staff or the media.
The Response Team must undertake its assessment within 48 hours of being convened.

Secondary role of the Data Breach Response Team

Once the data breach has been dealt with appropriately, the Response Team should turn its attention to the following steps:

Identify lessons learnt and remedial action that can be taken to reduce the likelihood of a recurrence; this may involve a review of policies, processes and refresher training.
Prepare a report for submission to senior management.
Consider conducting an audit to ensure that necessary outcomes are affected and effective.

Stage 3. Notify the Office of the Australian Information Commissioner

Taking into consideration the Response Team’s recommendation, the Director will determine whether there are reasonable grounds to suspect that a Notifiable Data Breach has occurred.
If there are reasonable grounds, the Director must prepare a prescribed statement and provide a copy to the OAIC as soon as practicable (and no later than 30 days after becoming aware of the breach or suspected breach).

My blog

My blog

OUR SERVICES

QUICK LINKS

RESOURCES

SUPPORT