1) The Act (Disability Act 2006) replaced two pieces of legislation which were the Intellectually Disabled persons Services Act 1986 and the Disability Services Act 1991, this took effect from 1st July 2007.
2) The two main objectives of The Act are; a stronger whole of community response to the rights and needs of people with a disability, and a framework for the provision of high quality services and supports for people with a disability.
3) There are two sets of principles that, wherever possible, should be given effect to, in administering the act and providing disability services. These principles relate to; people with a disability and disability services.
In relation to people with a disability the principles are; The right and responsibility to live as any other member of the community particularly in relation to; empowerment, respect, dignity, human value, freedom from abuse neglect or exploitation, physical, social, emotional and intellectual
development, control over their own lives, active participation in life decisions and support where necessary, accessing information, communication in a culturally appropriate manner, and quality services.
In relation to disability service providers the principles are; advance the inclusion and participation in the community of persons with a disability with the aim of achieving their individual aspirations services will be designed to be flexible and responsive, maximise choice and independence at all stages of life, be local, high quality, and embrace and strengthen families, have regard for the needs of children, respects privacy and dignity, balances safety with choices, addresses additional disadvantages, provides support for advocacy, promotes support planning, protects rights of people with a disability, and where a necessary restriction on the rights and responsibilities of a person with a disability the least restrictive practices as possible are chosen.
5) The Act states that the State Disability Plan will be reviewed every four years. The current plan was set in place in 2002 and it expires in 2012. See the human services publication at http://www.dhs.vic.gov.au/__data/assets/pdf_file/0017/152360/disact_infosheet_2_beingpartofcommunity_0211.pdf
6)a) The role of the Victorian Disability Advisory Council is to provide advice to the Minister for Community Services, to raise community awareness of the rights of people with a disability, and monitor the strategies to increase community inclusion and participation of people with a disability. The Council provides a direct means of raising with the Minister the issues that matter to people with a disability on whole-of-government policy issues. The Council will reflect; diversity, cultural and indigenous backgrounds, appropriate knowledge and experience relevant to all people including children, as far as possible have personal experience.
b) The Disability Services Commissioner's role is to work with people with a disability and disability service providers to investigate, identify causes and conciliate complaints. The Commissioner must maintain a record of all complaints received and publish information about complaints, The Commissioner will refer issues to the disability services board for advice, determine the action to be taken when a complaint is found to be justified, provide training and education about complaints to disability service providers, provide training about the prevention and resolution of complaints relating to disability services. The commissioner can consult with relevant people or bodies, develop and suggest ways of dealing with complaints related to disability services, provide advice to complainants to suggest another way of dealing with complaints, encourage disability service providers to display material produced by the Commissioner regarding the resolution of complaints. The Commissioner must make an annual report regarding the number and type of complaints and the outcome of complaints. The report can also name any disability service provider that fails to resolve complaints satisfactorily, the disability service provider must be notified of the intention to name their service and be given time to rectify the situation before they are named. Anyone can complain to the Commissioner, who is an independent person and reports to Parliament.
c) The Senior Practitioners role is to protect the rights of people with a disability who are subject to the practice of restrictive interventions and compulsory treatments. The Senior Practitioner ensures that appropriate standards are met in relation to these practices. The Senior practitioner will inform on the rights of people, develop guidelines and standards, and provide education and information, directions and advice to disability service providers in relation to restrictive practices and compulsory treatment, and develop links between people, bodies and institutions to share knowledge and clinical practice training for people working with people with a disability. The senior practitioner will also undertake research and inform regards practice options to disability service providers, evaluate, monitor and improve restrictive interventions across disability services and recommend improvements in practice to the Minister and the Secretary. The Senior Practitioner will also publish data annually regarding the use of restrictive interventions and compulsory treatment.
d) The Community Visitors role is to visit the premises of registered disability service providers and department-managed disability services where residential services are being provided. They report in relation to the quality of service and care provided to the residents, Community Visitors can provide reports to the Minister for Community Services and can refer matters to the Disability Services Commissioner. The Community Visitors Program is administered by the Office of the Public Advocate. Community Visitors must not disclose any information that they have acquired in their role unless it is in the performance of their duties as a Community Visitor.
7) A Disability Action Plan is required from every public service to ensure that barriers to community participation are reduced for people with a disability and to make it easier for people to access services. Every public service includes all government departments, statutory authorities and statutory corporations.
8)a)For John to access respite and accommodation services from the department of Human Services, John’s mother needs to supply some information to prove that he is eligible. John must have a disability as defined by The Act, which would be very simple to prove in Johns case as he has Down syndrome and John would have significant medical proof of his disability. Once his need for services has been determined John's priority to access the services will be considered before he is offered the service. Further documentation will be required to prove John's functional capacity, and determine the type of services he requires. John's need for services will be listed on the Disability Services Register. The Disability Services Register is the tool that is used to ensure the people with a greater need will receive services first. This way John will receive the most appropriate services for his needs.
b) The service must provide and explain to John and make sure he understands some important information and/or to his family or important people. This information includes; a residential statement, which includes the type and cost of the service, the length of time the statement covers, the amount of money that John needs to pay as the residential charge and what the residential charge covers and the conditions that apply to the provision of the residential services. John will also be provided with information regarding; The right to see a community visitor, the right to make a complaint and how to make a complaint.
c) John must have a Support Plan prepared in consultation with him within 60 days of entering the group home. The disability service provider must offer John assistance with planning. Johns support plan must be reviewed at least once every 12 months if he resides in a residential institution such as Colanda, Sandhurst or Kew Residential Services, because John has an intellectual disability. John, his family or important person or the disability service provider can initiate a review of his support plan at any time. If John stops receiving ongoing disability support his support plan will end.
d) Planning is guided by these principles, individuality, directed by the person with the disability, consideration and respect given to the family of person with the disability as well as their significant others, and most importantly affirms the right of the person with the disability to have control of their own life. Principles of planning for families include strengthening and building capacity of the family to support children with a disability. Quality planning requires tailored and flexible approaches to achieving the person’s goals and needs in appropriate settings with co-ordinated approaches across multiple services, will maximise choices and independence, will consider informal community support that is available to any usual member of the community to advance community inclusion and participation and support communities to respond,
e)The Act provides guidance about the reasons a disability service provider can enter a person’s room after giving 24 hours written notice. They are; for repairs, to show it to a prospective resident, to have it valued for the purpose of selling, refinancing or insurance. Staff can enter a room when the resident agrees to entry at the time of entry, there is an emergency, or entry is required to protect the health and safety of the resident or another person on the premises, when the resident has abandoned the room, or it is necessary to undertake urgent repairs, when it is necessary to provide support services as defined by the act or in the residents support plan, or to implement the persons behaviour support plan or treatment plan. Staff must not remain in a person’s room for longer than is necessary to achieve the purpose of the entry without the residents consent.
g) John’s family can complain about the inadequate support he is receiving in the group home. Complaints can be made orally or in writing or any means that is appropriate for them. Their options are to complain directly to the disability service provider or to the Disability Services Commissioner. They could have decisions made by the disability service provider or the Commissioner reviewed by VCAT.
9) Disability service providers must have a clear process for managing complaints about their services and make sure that the people who use their services know how to make a complaint. The service provider must also make a report every year to the Disability Services Commissioner about the number of complaints they received and how they managed the complaints.
10) The Act affects my working day because I have a duty of care to follow good workplace practices in delivering a quality service. My employer is legally required to provide a service that complies with the Act and by accepting my work role I agree to work within my employers guidelines and therefore I am complying with the Act. The Act also affects my working day because I am required to administer medications that may be compulsory treatment and I may be required to use restrictive interventions. I have a greater awareness of the needs of people with a disability as a result of my work and study, and the Act underpins the content of the material I am studying. The Disability Act 2006 is a clear framework for a high standard of disability services, in the future I look forward to the standard being applied in all areas of disability services and care. I hope that one day privately funded disability services will be equal with state funded state funded services in the eyes of this legislation.
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