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To provide a mechanism for participants, families, community members and Family Coast Support staff for the reporting and provides the organisations response to a suspicion or allegation of abuse, neglect or exploitation of any individual.
The United Nations’ Convention on the Rights of Persons with Disabilities (the UN Convention) states that a person with disability has the right to liberty, security and freedom from abuse and neglect, and where these rights have been violated, to have equal recognition by law and access to justice.
The Policy is consistent with the objects and principles of the Disability Inclusion Act 2014, National Disability Insurance Scheme Act 2013, and the requirements set out in the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018.
The Policy includes principles recognising the needs of particular groups, such as Aboriginal and Torres Strait Islander people, people from culturally and linguistically diverse (CALD) backgrounds and people with a permanent disability.
The Policy aims to deliver culturally sensitive information about how to safeguard people from abuse and neglect, and that supports persons with a disability.
The Family Coast Support Preventing and Responding to Abuse, Neglect and Exploitation Policy applies to all staff, volunteers and persons receiving a service from Family Coast Support including people under the age of 18.
The Policy has been developed to support a structured, consistent and transparent approach to safeguarding people from abuse and neglect.
The Policy provides paid and unpaid workers of Family Coast Support with the means to identify abuse and neglect, and to respond quickly and appropriately to allegations of abuse and neglect.
‘Abuse and neglect’ is used throughout the Policy to describe behaviour or actions that cause harm, whether physical, emotional or financial, to a person with disability.
Abuse as it is used throughout this Policy refers to sexual assault, physical, emotional, financial and systems abuse, family violence, unauthorised use of restraints and restrictive practices, and neglect.
When abuse and neglect occur in the person’s home by other residents, professionals, paid and unpaid carers, family members and friends, it is accepted practice to define violence within any of these relationships and living situations as family violence.
Family Coast Support acknowledges that prevention is the best protection from abuse and neglect. Family Coast Support have a duty of care to implement prevention strategies and therefore Family Coast Support have suitable recruitment screening processes and protocols for identifying the risk indicators for abuse and neglect.
The priority of service provision will be the participants safety, wellbeing and protection from abuse, neglect and exploitation.
Family Coast Support supports will be based upon fundamental human rights which include the right to live a life free from abuse, neglect and exploitation. Family Coast Support shall operate from a zero-tolerance approach to abuse, neglect or exploitation of any person.
Family Coast Support shall promote an organisational culture around continuous learning and improvement, systemic review and response in relation to abuse, neglect and exploitation which encourages any person to raise matters of suspected abuse, neglect or exploitation without fear of retribution.
People with disability remain at the centre of prevention and responses to abuse and neglect. A ‘person centred approach’ involves:
Paid and unpaid workers supporting people with disability need to understand the types, behaviours and actions that constitute abuse and neglect (please refer to Identifying & Responding to Abuse & Neglect Procedure).
Family Coast Support recognises that people who may demonstrate challenging behaviour and people who have difficulty communicating, can be at greater risk of abuse and neglect.
Family Coast Support takes measures to ensure people with disability, their family and carers and employees are not victimised or harassed in any way for making an allegation.
Family Coast Support will ensure that procedural fairness in decision making is fair and reasonable.
The table below provides some examples of indicators of abuse and neglect of children and adults. It is important to remember that the indicators listed below are not the only indicators and that the presence of one or more indicators does not necessarily ‘prove’ that abuse, assault or neglect has occurred. This list of possible examples should not be considered a complete list of possible indicators.
Prevention strategies should provide for the employment of skilled staff who respect the rights of people with disability, who are aware of current policies and legislation pertaining to abuse and neglect, and who will support people and their families or guardians to access complaint mechanisms and raise any concerns they have about services.
The Disability Inclusion Act 2014 (NSW) requires Family Coast Support to perform certain checks at the recruitment stage when employing or appointing a person to work with people with disabilities. These include the:
Procedures for reporting abuse and neglect, or suspected abuse or neglect, and the responsibilities of all parties, are clearly articulated in this policy.
All paid and unpaid workers are aware of their duty of care to report allegations of abuse in accordance with the service provider’s documented procedures.
Family Coast Support promotes a positive complaints culture that welcomes feedback, and responds promptly to concerns from people, families, friends and carers.
The culture of the Family Coast Support encourages and supports any person who has witnessed abuse or neglect of a person or persons, or suspects that abuse or neglect has occurred.
Barriers to the disclosure of abuse and neglect are identified and removed, and people who report abuse or neglect are free from retribution. It is an offence to disadvantage a person who reports an incident of abuse and neglect or complains about the provision of services.
A person who, in the course of his/her employment delivers health care, welfare, education, children’s services, residential services, or law enforcement, wholly or partly to children and a person who holds a management position in an organisation of which include direct responsibility for similar services are given mandatory reporting rights under the Children and Young Persons (Care and Protection) Act 1998 (NSW).
Mandatory reporters in NSW should use the Mandatory Reporter Guide (MRG) if they have concerns that a child or young person is at risk of being neglected or physically, sexually or emotionally abused. The MRG along with eReporting prompts can be found at https://reporter.childstory.nsw.gov.au/s/.
More information about Mandatory Reporting can be found at http://www.community.nsw.gov.au/preventing-child-abuse-and-neglect.
Response is prompt, appropriate and in accordance with clearly documented procedures.
Where necessary the response includes a report to the NSW Police, and the provision of medical care, including transfer to hospital by an ambulance, and referral to a Sexual Assault Service, if the assault is of a sexual nature.
When the victim is unable to give consent, the family, guardian or other support person is notified of the incident as soon as possible.
If it is appropriate and the victim has given consent, the family, guardian or other support person is informed of the allegation of abuse or neglect as soon as possible after the report is made.
The safety of alleged victims is maintained throughout the investigation. All parties are encouraged and assisted to access appropriate supports following an allegation of abuse or neglect.
All incidents and allegations of abuse and neglect are documented and reported to the Operations Manager and are required to be in writing. Please refer to our Preventing & Responding to Abuse & Neglect Procedure.
All reasonable steps are taken to ensure that all people are protected from further harm.
The rights of the alleged offender and responsibilities of the employer are adhered to in accordance with the appropriate legislation.
Access to records is restricted to those who are directly involved in reporting and responding to the incident or allegation to ensure that a person’s right to privacy is upheld.
A designated person is appointed to be the sole contact for the person, family, guardian or other support person, when providing information about the incident or allegation and subsequent investigations.
A pattern of abuse and neglect occurs where there is repeated physical abuse or ill treatment and/or harassment of a person with disability by another person. For example:
Abuse that occurs over a period of time - for example, in the context of family or another ongoing living arrangement.
Perpetrator seeks out vulnerable individuals and abuses several persons according to a pattern. Sexual abuse usually falls into this pattern, as do some forms of financial abuse.
Where a person takes advantage of an opportunity or exploiting opportunities and situations in general, especially in a devious or unprincipled way - for example, because a person has access to another person’s bank account, and they take their money.
A person’s needs are neglected because those around him or her are unable to provide care or there is a lack of services or inappropriate services. This includes failure to provide access to key services such as health care, dentistry or prosthesis - for example, a staff member does not respond to a person communicating they are not feeling well and need to see a doctor.
The features are poor care standards, lack of positive responses to complex needs, rigid routines, inadequate staffing, and insufficient knowledge within the service(s) - for example, not rostering enough staff on shift to meet the needs of the people requiring support.
Punishment such as the withholding of food and drink, seclusion, unnecessary or unauthorised use of control or restraint or over-medication, or the unlawful administration of prescribed medications are unacceptable treatments - for example, giving a person more medication then they have been prescribed.
Agencies are responsible for ensuring that staff receive appropriate guidance on anti-discrimination practice and cultural sensitivity - for example, not providing staff with training on anti-discrimination and / or cultural sensitivity.
Use of the person’s money by others, fraud, or intimidation - for example, staff using a person’s money to buy something for themselves.
Family Coast Support will notify the NDIS Commission about reportable incidents. For an incident to become reportable it must satisfy;
Subsection 73Z(4) of the NDIS Act states that reportable incident means:
This list must be read with Section 16 of the Rules which says that:
The definition of a reportable incident captures not only incidents that have occurred, but also allegations of the incidents above. It also only includes incidents where the impacted person is a person with a disability.
The Operations Manager will inform the NDIS Commission of all reportable incidents except for unauthorised use of restrictive practice within 24 hours. Any unauthorised use of restrictive practices will be notified to the NDIS Commission within 5 days.
Reportable incidents of abuse and neglect in disability accommodation, flexible or centre based respite, or any service that provides direct care to people must be reported to the NSW Ombudsman under the Disability Inclusion Act 2014 (NSW).
Under Part 3C Protection of People with Disability of the Ombudsman Act 1974 (NSW) all incidents of abuse or neglect of people with disability, living in supported group accommodations (including centre-based respite) that are operated or funded by FACS under Part 5 of the Act, are reported to the NSW Ombudsman.
Each service has a responsibility to report incidents to the NSW Ombudsman. The disability reportable incidents scheme is allegations-based which means that it is the nature of the alleged conduct (and not the finding of any inquiries) that will decide whether or not an incident is notifiable.
There are four categories of ‘reportable incidents’ reported to the NSW Ombudsman. These include any of the following involving a person with disability living in supported group accommodation:
The Family Coast Support support staff are required to provide the Operations Manager with all documentation relevant to a reportable incident and the people with disability involved within five business days of the incidents occurring.
The Operations Manager or delegate retains responsibility for staff to client incidents and will coordinate the processes to be followed when dealing with allegations of staff misconduct.
***** For a description of the four categories, please refer to the NSW Ombudsman Guide for Services: Reportable incidents in disability supported group accommodation in ‘Other resources’ .
Under Schedule 3 of the Children and Young Persons (Care and Protection) Regulation 2012 (NSW), all designated agencies accredited to arrange for the provision of statutory out-of-home care in NSW, are required to notify the Children’s Guardian, in writing, of any allegation of sexual misconduct or serious physical assault towards a child or young person in out-of-home care, committed by a child-related worker.
The term sexual misconduct includes sexual offences. These offences include:
There are three categories of sexual misconduct in addition to the sexual offences listed above. These include:
A physical assault is considered serious where:
The Office of the Children’s Guardian has developed resources for employers to assist in understanding what the above constitutes. Information for reporting bodies – reporting certain misconduct involving children is a useful resource for all designated agencies and is published on the Office of the Children’s Guardian website .
The Office of the Children’s Guardian will maintain a record of these allegations. This information will be taken into account as part of ongoing assessments of a designated agency as part of continued accreditation to arrange for the provision of statutory out-of-home care in NSW.
The requirement to notify allegations of sexual misconduct does not preclude an agency from their responsibility to report to The Office of the Children’s Guardian, following an investigation, of any finding that sexual misconduct or serious physical assault occurred.
A form is available for these notifications and is located at the link http://www.kidsguardian.nsw.gov.au/out-of-home-care/statutory-out-of-home-care/fact-sheets and in the Abuse and Neglect ‘Other resources’.
To ensure that Family Coast Support is aware of all forms of independent advocacy and respond effectively to the involvement of advocates on behalf of service users.
An advocate is a person who, with the authority of the Participant, represents the Participant’s interests.Participants may use an advocate of their choice to negotiate on their behalf. This may be a family member, friend or advocacy from FCS.
Advocates will be accepted by Family Coast Support as representing the interests of the Participant.
Advocates may be used during assessments, reviews, and complaints or for any other communication between the Participant and FCS. Please see the ‘Guidelines for Advocates’ below.
Participants wishing to use an advocate should inform Family Coast Support in writing using the 'Authority to Act as an Advocate' form included in the intake pack, which states the name and contact details of the person they wish to negotiate on their behalf. The Participant has the right to change their advocate at any time and should inform Family Coast Support in writing of any change.
Staff will make sure Participants are aware of their right to use an advocate and should regularly remind Participants of this option. This information is available in the Participant’s intake pack and should be explained at intake and individual plan reviews.
Family Coast Support will identify Participants who do not have personal networks and who need assistance to speak up and make decisions to assist in meeting their needs.
Family Coast Support will ask the Participant’s permission and will seek the involvement of independent advocacy on their behalf. Should the Participant not wish for Family Coast Support to seek out advocacy services on their behalf, information regarding advocacy supports and contact numbers will be provided and are included under contacts for independent advocates within this policy.
If a Participant of Family Coast Support has asked you to be their advocate, this means they would like you to act on their behalf in their dealings with the service and support. You may be a family member or friend of the Participant or a member of an advocacy service.
Being an advocate may mean your attendance or involvement will be required during assessments and reviews of the Participants community participation or the support received or the Participant wishes to communicate or negotiate anything with Family Coast Support or lodge a complaint about Family Coast Support.
Participants are free to change their advocates whenever they wish, however, we request a new Authority Form be completed each time so that Family Coast Support staff are always clear on who the Participant’s advocate is.
As an Advocate of a Participant we ask you to be aware of the following and ensure that:
Disability Advocacy NSW Inc.4927 0111Free call 1300 365 085
Intellectual Disability Rights Service9318 0144Free call 1800 666 611
Multicultural Disability Advocacy Association of NSW9891 6400Free call 1800 629 072
People with a Disability Australia9370 3100
Disability DA Advocacy1300 365 085
Connectability Central Coast4962 1000
NSW Ombudsman9286 1000
A purpose of this policy is to ensure that Family Coast Support provides participants and their advocates and representatives with an open and transparent process so that anyone may express their concerns or make a formal complaint as issues arise.
Another purpose of this policy is to establish a complaint handling process that actively protects the right of complainants and their representatives to lodge complaints without fear of retribution and assists staff in the way that concerns are managed and complaints are handled by all staff so that resolution may be identified as soon as possible.
Family Coast Support managers, staff, volunteers, participants, their families, carers, advocates, friends shall promote clear and honest communication with all stakeholders at all times.
Family Coast Support recognises the need to adopt procedures that will enable participants and others to present any complaint with confidence that it will be dealt with fairly and without fear of retribution.
Family Coast Support shall ensure that any concerns or formal complaints raised by clients or other stakeholders are handled impartially and equitably and if a conflict of interest exists then the person to step aside from the resolution process.
This policy does not cover any grievances or disputes Family Coast Support employees may have with Family Coast Support. This information can be accessed via the Family Coast Support HR Grievance Procedure.
A commonly used definition of a complaint is "any expression of dissatisfaction, either written or verbal, made by or on behalf of a service user".
This policy has been developed in line with the National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018.
Family Coast Support welcomes complaints from any individual in relation to its services. Managers and staff will provide the appropriate support and a safe environment for participants to make a complaint. Family Coast Support is committed to the efficient and fair resolution of complaints. Complaints are to be encouraged and seen by everyone in the organisation as an opportunity to improve services.
All participants have the right to have their issues resolved in a timely manner that does not discriminate or affect their service in any way. The individual may choose any staff member they prefer to deal with their complaint and can nominate an advocate if they choose to do so.
Individuals who wish to make a complaint as well as each person with a disability who are affected by an issue raised in a complaint are able to lodge a complaint directly with the NDIS Commission and will be supported and assisted to do so.
The privacy of the person raising the complaint shall be respected at all times. All complaints will be dealt with the appropriate sensitivity. In addition, details about complaints will only be shared on a need-to-know basis both within the organisation and externally.
All complaints of a serious or criminal nature will be referred to the relevant authorities including the NDIS Commission and police.
If a complaint is received that alleges criminal activity or provides information about possible criminal activity it must be referred to the Operations Manager immediately (if possible). The Operations Manager will contact the police or other relevant authorities.
Family Coast Support takes reports of abuse and neglect very seriously. It is mandatory for any report of abuse or neglect reported to Family Coast Support by staff, participants, families, carers, other stakeholders, or members of the public to be reported by Family Coast Support to the NDIS Commission ( in line with the NDIS Incident Management and Reportable Incident Rules 2018), the Police, and to any relevant external agency.
Any reports of abuse or neglect reported are to be immediately forwarded to the Operations Manager. The Operations Manager will then report the matter directly to the NDIS Commission, Police, ADHC or the NSW Ombudsman’s Office. This will be the responsibility of most senior staff member available (i.e. Coordinator, Operations Manager).
Individuals utilising the service provided by Family Coast Support have different types of support networks. Some people have families who are closely involved in their lives or may be reliant on legally appointed guardians to make particular decisions for them.
Other people are represented by advocacy services and for some Participants these advocates are their only support network. Should a Participant or their family / carer require support with this process Family Coast Support will assist them with the process.
Employees, volunteers, and students are to ensure that services are provided with sensitivity to, and awareness of, people with culturally diverse or indigenous backgrounds, and cultural practices. This is to be carried out without deviating from Family Coast Support Complaints Management policy and procedure or legislative responsibilities. Information provided to a person, their family / carer, person responsible, or other support person about legal rights, options, and support services must be provided in a format that suits their individual communication needs.
Family Coast Support actively encourage everyone using the support services to question or comment on the quality and nature of the services they receive.
The complaint can be made personally or someone can speak on the participants behalf. In addition, feedback and complaints can be made verbally or in writing. (Note: All complaints received verbally are to be put in writing and submitted to the Coordinator / Operations Manager.) Individuals also have the right to make an anonymous complaint.
Participants can talk about their concern or raise a complaint:
If a person is not satisfied with the outcome of a complaint, if it remains unresolved, or at any time during the process the person may contact any of the following external authorities. Please refer to Section 10: External complaints bodies.
Individuals can also lodge a complaint directly with the NDIS Commission and will be offered advise and assistance to do this.
Individuals may withdraw complaints at anytime by advising the Family Coast Support Operations Manager, verbally or in writing or by any means which is appropriate to the circumstance.
The Operations Manager will acknowledge, in writing, receipt of the withdrawal of the complaint.
The Operations Manager will decide whether to continue to deal with the complaint based on:
The Operations Manager will:
Family Coast Support will provide information to participants about procedures, about complaints, and about disputes through posters, pamphlets, and verbal information. If requested, Family Coast Support will provide the complaints policy or any other documentation in a format that is easily understood or in an appropriate language.
Family Coast Support will obtain feedback about the effectiveness of its complaint management process from stakeholders at least annually. This may include obtaining feedback on the Complaint & Feedback Policy and related procedures.
Family Coast Support will provide adequate training and resources to ensure that all staff are aware of the Complaints and Feedback Policy and will actively encourage participants and families to comment on the quality and nature of the services they receive.
Family Coast Support will review the complaints register bi-annually to identify or address issues raised through the complaints and resolution process, gather statistical and other information relating to potential patterns raised to ensure ongoing quality management.
Family Coast Support will maintain appropriate records of complaints received including the following, where appropriate:
Records relating to complaints will be kept for 7 years from the day the record is made. (Refer to Family Coast Support Records Management Policy and Procedure).
Individual or parties with a complaint may make contact with the following bodies should the complaints remain unresolved, or at any time in the complaints process. These may include:
NDIS Commission1800 035 544
NSW OmbudsmanFree call (outside Sydney metro area): 1800 451 8050TTY: (02) 9264 8050Email:firstname.lastname@example.orgWebsite: www.ombo.nsw.gov.au
Human Rights and Equal Opportunity Commission (CTH)Phone: (02) 9284 9600Complaints Infoline: 1300 656 419 / Privacy Hotline: 1300 363 992TTY: 1800 620 241Website: www.hreoc.gov.au
National Disability Abuse and Neglect HotlineA hotline for reporting or complaining about the abuse or neglect of a person with a disability at home, in the community, or in any other location. The hotline will refer a complainant to a relevant state or local agency where necessary.Free call: 1800 880 052 / TTY: 1800 301 130National relay service: 1800 555 677Fax: 02 9318 1372Website: www.disabilityhotline.org
National Disability Complaints Resolution and Referral Service (CRRS)For people with a disability who wish to make a complaint about their rights being infringed in a disability employment service or by a disability advocacy service.Free call: 1800 880 052 / TTY: 1800 301 130 (free call)National relay service: 1800 555 677Fax: 02 9318 1372Website: www.crrs.org.au
Intellectual Disability Rights Service (IDRS)A community legal centre specialising in legal and rights issues for people with a disability.2C/199 Regent St REDFERN NSW 2016Phone: (02) 9318 0144 / Freecall: 1800 666 611Fax: (02) 9318 2887Website: www.idrs.org.au
People with Disability IncorporatedFor people with a disability who wish to make a complaint about their rights being infringed.Phone: (02) 9370 3100 / Freecall: 1800 422 015TTY: (02) 9318 2138 / TTY: 1800 422 016 freecallFax: (02) 9318 1372Website: www.pwd.org.auEmail: email@example.com
Disability Advocacy NSWNewcastlePhone and TTY: 1300 365 085 or (02) 4927 0111Fax: (02) 4927 0114Email: firstname.lastname@example.org
The purpose of the Family Coast Support Incident management system is to identify, record, and manage incidents that occur while providing services to people with a disability.
Family Coast Support acknowledge that the service has responsibility for preventing, responding to, and managing incidents in accordance with the National Disability Act 2013 and National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018.
Family Coast Support is committed to the accurate and responsible reporting of all incidents occurring on Family Coast Support programs and service delivery. Family Coast Support requires all critical incidents to be recorded and reported to the Operations Manager.
Family Coast Support recognise the impact that incidents can have on clients, staff, volunteers, and the community. This policy aims to minimise that impact and to ensure that all staff, paid and unpaid, understand what constitutes an incident and the actions to be taken when a critical incident occurs and during the period following an incident.
This policy relates to the provision of all services by Family Coast Support. All staff and contractors employed or engaged by Family Coast Support are expected to comply with this policy. This relates to all incidents involving participants of Family Coast Support.
Any staff member or volunteer involved in, witnessing, or becoming aware of an incident must promptly report the incident regardless of the level of its severity utilising the Family Coast Support Incident Report Form. Please refer to the Incident Reporting Procedure for details and lodgement.
The Operations Manager or their delegate is responsible for determining the category of the incident having regard to the type of incident, level of seriousness, and the need for reporting to a regulatory body or bodies such as the NDIS Commission via a Critical Incident Report, and alleged criminal acts to the police.
The Family Coast Support Incident management system covers:
The Family Coast Support incident management system aims to capture any acts, omissions, and events that occur or particular circumstances that arise in connection with the provision of NDIS supports or services to a person with a disability if they have or could have caused harm to the person with a disability.
The subject of the allegation for these incidents may be anyone (for example, a worker or a member of the public) as long as the incident occurred in connection with the provision of NDIS supports and services to the impacted person with a disability.
Family Coast Support is only required to notify the Commission of reportable incidents which have occurred or are alleged to have occurred if those incidents happened in connection with the provision of supports or services by NDIS.
‘In connection with’ covers incidents that:
The Family Coast Support Operations Manager will be informed of every incident and allegation and come to a conclusion about whether the service delivery caused the reportable incident before deciding whether to notify the Commission.
Serious harm means that the harm is not minor or trivial. It involves substantial physical, emotional or psychological impact on the impacted person such as a serious injury, or serious emotional or psychological distress.
Incidents that result in injuries to workers that do not consist on the act of a person with a disability in connection with the provision of supports to the person with a disability, do not need to be recorded in the incident management system.
Family Coast Support will notify the NDIS Commission about reportable incidents. For an incident to become reportable Family Coast Support must be satisfied that:
Please refer to the Incident Reporting Procedure for Definition of Incidents.
National Disability Insurance Scheme Act (2013)NDIS (Incident Management and Reportable Incidents) Rules 2018
The Family Coast Support Incident Reporting Procedure should be read in conjunction with the above, and outlines the processes for reporting.
Family Coast Support will ensure that participants are practically able to exercise their rights and to carry out their responsibilities to the maximum extent possible. Family Coast Support has an obligation to provide all relevant information in an 'Easy Read' or other format suitable for the skills and capacity of each participant.
Service users, their families, staff and management of Family Coast Support
Each participant has a right to:
Participants who use Family Coast Support services have a responsibility to:
Family Coast Support recognises that families have a particular standing in the lives of participants and, so far as possible, share in all those rights and responsibilities of their family member.
In particular, while absolutely respecting a participant’s rights to decide who should participate in planning and decision-making processes about their lives, Family Coast Support recognises that families also have a right to:
Families have a responsibility to:
Staff have the right to:
Staff have a responsibility to:
Public Relations Code of Conduct
Person-centred thinking involves listening to people and helping them to think about what they want from their lives now and into the future. This approach involves consideration of a person’s whole life and thinking creatively to figure out how to support aspirations and goals as well as discussing risks and responsibilities with the person and their family.
Active support empowers people with a disability to be engaged in all choices, decisions, goals, activities, and relationships in their own lives. Staff play an important role in supporting learning and assisting clients to realise their own goals and actively participate in their own lives.
The aim of active support is to walk alongside a person i.e. do things with them, not only for them. We recognise every individual moment has potential and progress is about taking one step at a time with the person contributing their skills and abilities to each situation. We provide enough assistance to enable every person to be successful regardless of the degree of their disability.
By focussing on enhancing choice and encouraging engagement, each client has confidence and independence, while taking control of their own lives. People start choosing relationships they want to build on, places they like to go to, places where their skills are appreciated and needed, and build their feeling of belonging in the community.
We are patient in supporting people to grow in their abilities and self- confidence at their own pace. We support people to find balance between what is important to them and the support they want and need.
All staff are expected to respect, support and implement a person- centred active support approach with all clients.
In line with the above and all Participants being offered freedom of choice in determining their activities, all reasonable steps are taken to maintain their safety. This is to be achieved by providing a safe environment in accordance with relevant legislation and duty of care is observed at all times.
Inherent in the freedom of choice is the right to fail, make mistakes, and experience disappointments. Family Coast Support recognises this and is aware that by encouraging people to exercise their rights in decision making that there may be instances where the decision taken and enacted upon by the participant may not be seen by Family Coast Support to be the most appropriate nor the most advantageous for that particular person.
Should such an incident occur the Participant has the absolute right to exercise their choice. Family Coast Support however has a responsibility to ensure that the Participant understands their concerns about that choice so that the Participant has further information available to them about the risks and consequences of that choice.
Should a Participant act against the advice given by an employee of Family Coast Support and therefore place himself / herself or others at risk then the relevant family members and authorities must be notified immediately. The Operations Manager is to be notified and all events documented and placed on the participant’s file.
In the event of a Participant making an individual choice, contrary to medical advice, the following procedure is to be adhered to:
Family Coast Support use a Positive Behaviour Support approach in working with people in situations where this is challenging behaviour or behaviour of concern.
The purpose of this policy is to detail the principles of a Positive Behaviour Support approach and how this is put into practice with Family Coast Support.
Family Coast Support recognise that there are many reasons for challenging behaviour and utilises a Positive Behaviour Support approach to ensure a friendly service environment, to work proactively to prevent and minimise challenges, to assist in teaching new behaviours and skills to respond positively if challenges do occur.
Family Coast Support works in a collaborative manner whereby participants and their families and significant supports will be consulted where appropriate at the first sign of any difficulties to gather information, advise, and develop a mutually-agreed-upon plan for intervention and support.
This policy is for all Family Coast Support staff working directly with or in an advisory role in situations where there is challenging behaviour.
Positive Behaviour Support is a comprehensive and holistic approach to supporting situations where there is challenging behaviour. Positive Behaviour Support encompasses respectful collaboration with individuals and their families to use effective evidence-based strategies to increase the quality of life for all involved. Reductions in behaviours of concern are necessary and important but improving lifestyles is also a major outcome. This includes everyday life skills, community participation, expanded social networks, increased variety and accommodation of personal preferences, choice making as well as capacity, and confidence of those who support the individual.
Family Coast Support understand that all challenging behaviour has a purpose and is not meaningless. Positive Behaviour Support is both positive and proactive. Positive means increasing and strengthening helpful behaviours via reinforcement. Proactive is the commitment to developing supportive environments that prevents and minimises challenges, anticipating where things may go wrong and planning to avoid that from happening.
Positive Behaviour Support emphasises that strategies have to be able to be implemented in everyday family and community life and routines. Strategies need to fit with the context in which they will be implemented. Interventions are to be evaluated and reviewed over time to ensure they are sustainable and taking effect.
Family Coast Support uses person-centred approaches. It is recognised that challenging behaviour often reflects a history of difficulties in relationships and experiences in relating with other people. It is seen as important when planning for positive change that it is important that the participant, their family, and key supports are involved in the person-centred planning.
A person-centred plan helps identify the needs and goals of the person and focuses upon community participation, meaningful social relationships, more opportunities for choice, creation of valued roles, and ongoing development of personal skills. The person-centred plan aims to address any unmet needs of the person through supporting positive engagement and enhancing quality of life.
Family Coast Support recognise that Positive Behaviour Support is most effective when implemented across all settings of a person’s life. Positive Behaviour Support will be most effective when the relevant people who live or work with the person are actively involved in the assessment, planning, and implementation of positive behaviour support strategies.
In line with participant’s NDIS goals, funding, and participant request, Family Coast Support will assist to organise necessary assessments to guide positive behaviour support strategies. Family Coast Support will aim to assist participants displaying challenging behaviours to obtain a functional assessment, to help in identifying the reason underlying the behaviour.
Following a comprehensive assessment of the person’s needs and their environment a behaviour support plan may be developed by a behaviour specialist. Family Coast Support staff will work in line with recommendations and strategies provided in the plan.
Behaviour support plans often include the following areas of focus:
Putting in place support strategies to meet the person’s unmet needs. This may include making changes to the person’s environment, improving communication, supporting positive relationships and enhancing active engagement in meaningful activities. The idea is that making positive changes to the person’s environment results in their needs being better addressed, leading to less of a need to engage in challenging behaviour.
It is acknowledged that early signs of behaviour are an initial indication a person’s needs have not been met. This part of the behaviour support plan aims to clarify what the person is attempting to communicate to others through their behaviour and provides a prompt for others to quickly put supports into place to:
Positive behaviour support develops the skills of the person displaying the challenging behaviour to help them:
Positive Behaviour Support also enhances the knowledge and skills of people who support the person with a disability so they can implement effective environmental and systems change.
Family Coast Support is committed to working in knowledge and skills building for all staff and managers and believe that this is fundamental for Positive Behaviour Support. It is seen that education and training helps staff to build a better understanding of a person’s behaviour.
Working in knowledge and skills-building for all staff, supervisors, and managers in an organisation is fundamental to Positive Behaviour Support. Education and training also helps staff develop effective behaviour management plans and build a better understanding of a person’s behaviour.
Behaviour is influenced by the environment of the person. Positive Behaviour Support is a way of looking at the fit between the person and the environment they find themselves in. This may include staff attitudes, physical factors such as reducing noise levels and ensuring increased choice to the participant.
In order for Family Coast Support Participants who display difficult behaviours the appropriate information will be obtained and the following procedures undertaken:
Should a Client display challenging behaviours whilst in the community or their home the following steps are to be adhered to:
Where difficulties with behaviour continue the Manager and Community Support Workers will meet with the Participant and / or the Carer to discuss the difficulties being experienced. It may be appropriate to make referrals to agencies with expertise in behavioural management. Agencies could include:
Family Coast Support will work in conjunction with the specialist, specialist support, and the Participant and Carer to implement any behavioural plans and strategies which are devised.
Where a Participant continually displays challenging behaviour that cannot be resolved according to the strategies set out above, the Operations Manager may take the following actions:
This policy outlines Family Coast Support’s expectations regarding protecting the privacy of information which the organisation collects, uses and maintains for the purpose of conducting its business.
Family Coast Support is committed to ensuring that the collection and management of personal information is transparent, accountable and adherent to all relevant legislative requirements including the Australian Privacy Principles defined within the Privacy Act 1988 (Cth).
Family Coast Support requires that all staff (including casual staff and volunteers) comply with this policy at all times in collecting and handling personal information in the course of their employment or engagement. Personal information may include staff information (including personnel records or files) and participant information, as relevant.
Family Coast Support will only collect personal information that is necessary to facilitate administrative processes or to provide a service to a participant. Personal information is information or an opinion that identifies or could identify a person, whether it is true or not and whether it is recorded in a material form or not.
It may also be necessary for Family Coast Support to collect sensitive information to perform some services. Sensitive information may include information about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation, criminal record, health or genetic information or biometric information.
Personal and / or sensitive information collected by Family Coast Support may include name, date of birth, age, gender, nationality, personal and emergency contact details, taxation, banking or superannuation details, drivers licence details, education history and qualifications, previous or current employment information and details of reference checks, police checks and working with children registration, health and medical information, forensic orders, and / or financial management information from the Public Trustee.
Information is collected directly from an individual unless it is unreasonable or impracticable to do so. When information is collected from someone other than the individual Family Coast Support will take reasonable steps to ensure the individual is notified.
Information may be collected by telephone, in person at a Family Coast Support site or event, through the use of services, and through interviews, forms, and questionnaires.
Any information given voluntarily that is not required by Family Coast Support will be destroyed or de-identified.
Individuals have the option of remaining anonymous or using a pseudonym (fictitious name) when interacting with Family Coast Support unless there is a legal requirement for individuals to identify themselves or where it is not possible to deliver a service to individuals who have not identified themselves.
In terms of participant service, the information collected will be accurate and factual to enable staff to effectively plan for and evaluate participant progress.
Collecting information will not intrude unreasonably on the participant’s personal affairs. Advice will be given to participants and/or their advocates about the purpose of information collection and conditions regarding release before these actions occur.
Personal information will not be disclosed without obtaining prior written consent from the participant or staff member, except where required or authorised by law. Personal information is not disclosed to overseas recipients.
Photographs or news stories relating to an individual will not be released without the prior written consent of the person or advocate.
The decision to collect and disclose information is based on the best interests of the individual.
Staff will recognise and respect the participant’s role in controlling what information is revealed and recorded. Only information relevant to the support requirements for the participant will be maintained.
If the participant does not have the capacity to make an informed decision regarding the disclosure of information they will be given the opportunity to gain support from an advocate.
Sensitive information will not be released if it is judged by the Director of the Division to be of a damaging or detrimental nature. Reasons for this decision will be noted in the file notes.
Access to personal information held in participant files is restricted to:
Family Coast Support will take reasonable steps to ensure individuals are informed beforehand of situations where the law allows or requires information to be given to other parties.
Consent is not required if information is:
Family Coast Support will take all reasonable steps to make sure that the participant’s personal information is accurate, complete, up-to-date, relevant, and not misleading. It is important that a participant or their agent advise us at the earliest opportunity of any significant changes to personal information so that our records can be updated.
Where information has been disclosed to a third party in accordance with this policy Family Coast Support will take reasonable steps to notify the third party of updated information unless it is impracticable or unlawful to do so.
If a staff member or coordinator becomes aware of some significant change in a participant’s circumstances, they should encourage the participant to speak to the Director to have that information updated.
The Director may initiate disciplinary action and / or legal action against any person who contravenes this policy.
Any participant who suspects a breach of their privacy has occurred can lodge a complaint through the Family Coast Support Complaints Management Process. The External Complaints Management Policy and Complaints Procedure are available on this website. Family Coast Support is committed to resolving complaints within a reasonable timeframe.
The Notifiable Data Breaches (NDB) scheme under Part IIIC of the Privacy Act 1988 (Privacy Act) (Cth) established requirements for entities in responding to data breaches; therefore Family Coast Support have data breach notification obligations when a data breach is likely to result in serious harm to any individuals whose personal information is involved in the breach.
The community is compelled by law to behave in such a way as not to harm or put at risk members of the community. Duty of care is also concerned with ensuring people are treated with respect and dignity, in society this is probably called “good manners” (Miller, 1996).
Duty of care as a concept is part of the larger legal concept of negligence and is dealt with under common law. Legal precedent and prevailing community attitudes and expectations largely determine this part of the law. It is also referred to as “judge-made” or “precedent law” setting it apart from statute law made by parliaments or regulations and by-laws made by governments or other authorities. As such there are no precise legislated definitions for the concepts of “duty of care” and “negligence”. Instead these have been defined through history and convention and have changed and developed and taken on new nuances as times have changed.
Essentially duty of care means being in a position where someone else is relying on you to be careful, and where, if you are not careful, it is reasonably predictable that the other person might suffer harm.
Negligence in the context of discussing duty of care, is seen as a legal action taken by one party against another, in which the claimant seeks damages in respect of personal injury, death or loss resulting from the wrongful or negligent acts of omissions of the other party.
The standard of care is referred to as the measure of what is reasonable practice or conduct and is determined by a range of factors.
The standard of care will vary considerably depending on the person providing the support and is linked back to the nature of the support that the person with a disability is relying on and the skills and experience necessary to provide that support.
The duty of care regarding provision of support through Family Coast Support is shared depending on the situation between:
Breach of duty of care is when an appropriate standard of care exists and the standard is not met.
The reasonableness of what a person has done or not done is assessed by considering the person’s skills and suitability for the situation and whether the situation was foreseeable. The preparedness for the situation is also assessed, proving the importance of risk management procedures required of each Request for Support.
A negligence incidence may result in some form of harm or loss to the person(s) whom the duty of care was owed. Resulting bodily injury, death, economic loss or emotional stress may lead to damages claimed. There is also the potential for unreasonable and unnecessary restrictions on the Consumers’ freedoms and autonomy in attempting to minimise risks.
Family Coast Support will provide relevant and up to date information to all employees facilitating support of Consumers and to Support Workers providing support, on organisational, community and disability standards. Family Coast Support will also provide relevant and timely Consumer risk management strategies as provided by the relevant Case Managers.
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Family Coast Support is committed to providing quality services through the consistent application of quality policies and procedures, and to continuously improve service delivery.
All Family Coast Support participants, family members, or other professionals are welcome to make a complaint or raise a concern. To do so, please complete this form and press the 'Send' button.
Privacy Note: The information in your complaint, including your name and address, will only be disclosed to relevant individuals for following up your complaint or concern. You may choose not to include your personal details; however, in that case we will not be able to respond to you.
02 4308 7290
33w Panorama Parade, Berkeley Vale, NSW 2261
0404 526 123