Federal Register of Legislation - Australian Government

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Determinations/Other as made
This instrument determines the eligibility standards to be observed in the provision of an eligible service.
Administered by: Social Services
Made 31 Mar 2010
Registered 12 Apr 2010
Tabled HR 11 May 2010
Tabled Senate 11 May 2010

Disability Services Standards (Eligible Service Standards) (FAHCSIA) Determination 2010

Disability Services Act 1986

I, Jenny Macklin, Minister for Families, Housing, Community Services and Indigenous Affairs, determine these Standards under paragraph 5A (1) (a) of the Disability Services Act 1986.

Dated             31st March                                          2010

J Macklin

Minister for Families, Housing, Community Services and Indigenous Affairs


 

PART A – PRELIMINARY

 

1          Name of Standards

 

These Standards are the Disability Services Standards (Eligible Service Standards) (FAHCSIA) Determination 2010.

 

2          Date of commencement

 

These Standards commence on the day after they are registered.

 

3          Authority of these Standards

 

These Standards have been determined under paragraph 5A (1) (a) of the Act.

 

4          Application of Standards to services

 

These Standards are to be observed in respect of eligible services funded under the Act.

 

5          Interpretation

 

Unless the contrary intention appears, words and expressions used in this Determination have the following meanings:

 

"Act" means the Disability Services Act 1986.

 

"Advocate" means a person who primarily represents the interests of a person with a disability in a way consistent with the expressed wishes of the person with a disability, or who acts in the best interests of the person with a disability where he or she is unable to express his or her wishes, in order to assist the person with a disability to exercise control over his or her life.

 

"Agency" means the management and operational units of an organisation responsible for the service in respect of which funding has been granted to the organisation under the Act.

 

"Community" refers to both the immediate local environment and to broader society.

 

"Complaints and disputes" refer to instances which involve a problem or cause for discontent relating to some aspect of the agency or the service being provided to a consumer.

 

"Consent" means consumer agreement based on an understanding of the implications of a particular activity or decision and the likely consequences for the consumer.

 

"Consultation" means seeking, accepting and recognising active consumer input at all stages of the process leading up to and including decision making.

 

"Consumer" has been used in three ways:

 

·        primarily it is used to mean a person with a disability;

·        but it may also mean family member/s of the person with a disability; or

·        it may also mean unpaid primary carer of a person with a disability;

 

where that person is receiving a service in respect of which financial assistance has been granted to the organisation under the Act.

 

"Integration" has two important components - physical and social.  Physical integration means ensuring that people with a disability have access to the same places, and in the same manner as other people.  It also means that they receive services in the community.  Social integration means that people with a disability are able to build and maintain a wide range of relationships with members of the community.

 

"Least restrictive way" means the provision of services which are appropriate to people's needs, while allowing them as much freedom of choice, independence and opportunity as possible.

 

"organisation" means an eligible organisation or a State.

 

"Participation" refers to the process of consumers taking part, or actively sharing, in the life of the community.

 

"Relative need" is a concept that ranks potential consumers on the basis of greatest unmet need and the benefits they would gain from the service,

 

"Responsibilities", in respect of a person with a disability, means the responsibilities that person can be reasonably expected to carry.

 

"Resolved": a complaint or dispute is "resolved" when it is settled or concluded, and each of the parties is notified of the outcome.  "Resolved" does not necessarily mean that the complaint or dispute is concluded in favour of any of the parties.

 

"Retribution" is negative action taken in response to a consumer's complaint or dispute.  It includes intimidation, punishment or withdrawal of service.

 

"Service" is the support or assistance provided to a consumer.

 

Unless words are defined to the contrary in the interpretation they have the same meaning as in the Act.

 


PART B - THE STANDARDS

 

STANDARD 1    SERVICE ACCESS

 

Each consumer seeking a service has access to a service on the basis of relative need and available resources.

 

Supporting Standards

 

1.1       The agency has developed written entry and exit policies and procedures.

 

1.2       The agency's entry and exit policies and procedures are accessible by potential and current consumers.

 

1.3       The agency implements its written entry and exit policies and procedures.

 

1.4       The agency's entry and exit policies and procedures are reviewed regularly with consumers.

 

1.5       The agency establishes clear entrance criteria for determining the priority for service for each person with a disability.

 

1.6       The agency's entrance criteria provide for access to be given on the basis of relative need.

 

1.7       Other than relative need, the access of a person with a disability to a service is decided on a non-discriminatory basis.

 

1.8       Where an agency is unable to provide a person with a disability access to its service, a referral to another similar service is made, where this exists.

 

1.9       The agency targets its information activities to be accessible by all identifiable groups within the target population.

 


STANDARD 2    INDIVIDUAL NEEDS

 

Each person with a disability receives a service which is designed to meet, in the least restrictive way, his or her individual needs and personal goals.

 

Supporting Standards

 

2.1       The agency has developed, in consultation with consumers, written policies and procedures on planned approaches to meeting individual needs.

 

2.2       The agency's policies and procedures on planned approaches to meeting individual needs are made available to consumers in appropriate formats.

 

2.3       The agency, in consultation with each consumer, identifies and documents the individual, ongoing and changing needs of the person with a disability and the approaches for meeting those needs.

 

2.4       The agreed approach for meeting each consumer's individual ongoing and changing needs is implemented and reviewed with that consumer within an agreed timeframe.

 

2.5       The agency implements its policies and procedures on planned approaches to meeting individual needs.

 

2.6       The agency's policies and procedures on planned approaches to meeting individual needs are reviewed regularly with consumers.

 

2.7       The agency considers the appropriateness of general community facilities and services in meeting the individual needs of each person with a disability.

 

2.8       Each person with a disability is provided with support in a manner which maximises his or her potential to reach personal goals.

 

2.9       Services are provided in a manner sensitive to the age, sex, and the cultural, linguistic and religious background of each person with a disability.

 

2.10    The agency supports each consumer's efforts to gain access to general community facilities and services and/or to other specialist agencies and/or services.

 

 


STANDARD 3    DECISION MAKING AND CHOICE

 

Each person with a disability has the opportunity to participate as fully as possible in making decisions about the events and activities of his or her daily life in relation to the services he or she receives.

 

Supporting Standards

 

3.1       The agency has developed, in consultation with consumers, written policies and procedures which maximise consumer participation in decision making at the individual and service level.

 

3.2       The agency's policies and procedures to maximise consumer participation in decision making are made available to consumers in appropriate formats.

 

3.3       The agency offers each person with a disability support to make informed decisions and choices in relation to the service he or she receives.

 

3.4       The agency informs each consumer of other services that might meet his or her needs.

 

3.5       The agency implements its policies and procedures to maximise consumer participation in decision making at the Individual and service level.

 

3.6       The agency's policies and procedures to maximise consumer participation in decision making are reviewed regularly with consumers.

 

3.7       Each person with a disability can involve an advocate in making decisions about the service he or she receives.

 

3.8       The right of each person with a disability to exercise control over his or her life is not restricted by the policies and procedures of the agency.

 

3.9       The agency takes reasonable care to avoid foreseeable risks without unduly limiting the ability of each person with a disability to take responsibility for his or her own decisions.

 


STANDARD 4    PRIVACY, DIGNITY AND CONFIDENTIALITY

 

Each consumer's right to privacy, dignity and confidentiality in all aspects of his or her life is recognised and respected.

 

Supporting Standards

 

4.1       The agency has developed, in consultation with consumers, written policies and procedures on protecting consumers' privacy, dignity and confidentiality.

 

4.2       The agency's policies and procedures on protecting consumers' privacy, dignity and confidentiality are made available to consumers in appropriate formats.

 

4.3       The agency only collects consumer information that is directly relevant to effective service delivery.

 

4.4       Each consumer is informed of the types of personal information that the agency holds and the reasons for holding this information.

 

4.5       Each consumer's consent is obtained before any information about him or her is sought or released by the agency.

 

4.6       Each consumer's right to dignity and privacy is recognised, respected and protected in relation to personal activities.

 

4.7       The agency implements its policies and procedures on protecting consumers' privacy, dignity and confidentiality.

 

4.8       The agency's policies and procedures on protecting consumers' privacy, dignity and confidentiality are reviewed regularly with consumers.

 

4.9       Each consumer has the right to see any information the agency keeps in respect of him or her.

 

 


STANDARD 5    PARTICIPATION AND INTEGRATION

 

Each person with a disability is supported and encouraged to participate and be involved in the life of the community.

 

Supporting Standards

 

5.1       The agency's written policies and procedures are framed in a way that provides opportunities for people with a disability to participate in the community.

 

5.2       Services are provided in a way that facilitates the integration and participation of each person with a disability in the community, at times and in ways similar to other 'members of the community.

 

5.3       Each consumer is provided with information about general community facilities and services and how to use them.

 

5.4       The agency provides each person with a disability the opportunity to form and maintain a variety of ties, connections and involvements in the community.

 


STANDARD 6    VALUED STATUS

 

Each person with a disability has the opportunity to develop and maintain skills and to participate in activities that enable him or her to achieve valued roles in the community.

 

Supporting Standards

 

6.1       The agency's written policies and procedures reflect the valued status of consumers.

 

6.2       The agency promotes the abilities, contribution and competence of people with a disability.

 

6.3       Each person with a disability has the opportunity to develop and maintain skills, capacities and life-styles that are valued in the community.

 


STANDARD 7    COMPLAINTS AND DISPUTES

 

Each consumer is free to raise and have resolved, any complaints or disputes he or she may have regarding the agency or the service.

 

Supporting Standards

 

7.1       The agency has developed, in consultation with consumers, written policies and procedures on the resolution of consumers' complaints and disputes.

 

7.2       The agency's policies and procedures on consumers' complaints and disputes resolution are made available to consumers in appropriate formats.

 

7.3       Each consumer is able to have resolved issues regarding aspects of the agency or service with which he or she is dissatisfied.

 

7.4       Complaints or disputes are handled in a manner consistent with the agency's policies on privacy.

 

7.5       The agency implements its policies and procedures on consumers' complaints and disputes resolution.

 

7.6       The agency's policies and procedures on consumers' complaints and disputes resolution are reviewed regularly with consumers.

 

7.7       Each consumer is encouraged and assisted to raise any concerns he or she has about the agency or service, without fear of retribution.

 

7.8       The complaints and disputes procedure allows for the participation of the consumer's advocate, where requested.

 

7.9       Each consumer is provided with information on relevant complaints and disputes processes available in the community.

 

7.10    The agency ensures that progress towards resolution of each complaint or dispute is reviewed within an agreed timeframe.

 


STANDARD 8    SERVICE MANAGEMENT

 

Each agency adopts sound management practices which maximise outcomes for consumers.

 

Supporting Standards

 

8.1       The agency ensures the legal and human rights of people with a disability are upheld within the service.

 

8.2       The agency provides a safe physical environment for its consumers.

 

8.3       Consumers have the opportunity and support to take part in the planning, management and evaluation of the service.

 

8.4       The agency monitors its activities and regularly evaluates whether it is meeting its objectives and the Disability Services Standards.

 

8.5       The roles and responsibilities of the board, committee of management, and staff of the agency are clearly defined, documented and available.

 

8.6       People with a disability receive services from appropriately skilled and competent staff.

 

8.7       The agency ensures that its employed and volunteer staff receive appropriate support; and that they understand their role, the administration of the agency and the service, and their accountability for their work related activities.

 

8.8       The agency implements a policy on affirmative action with regard to employment of people with a disability.

 

8.9       The agency develops and implements written policies and procedures relating to complaints and disputes by staff and other persons.

 

8.10    Resources are managed to maximise the funds available to provide services for consumers.

 

8.11    The agency has available, upon request, annual reports that demonstrate consumer, service and financial outcomes.

 

8.12    The agency has a process of co-ordination with other agencies, advocacy and consumer organisations in the area.