Continuous improvement
Standard 12: Protection of human rights and freedom from abuse
How Standard 12 applies to all service types
The service provider acts to prevent abuse and neglect and to uphold the legal and human rights of service recipients.
Standard 12 context
Policy and program context for Australian Disability Enterprises
Firstly, this Standard requires Australian Disability Enterprises to uphold the legal and human rights of supported employees.
Australia is party to a number of international agreements and conventions that require the upholding of basic legal and human rights of all Australians, including people with disability. These sentiments are also embodied in the Principles and Objectives of the Disability Services Act 1986.
The basic legal and human rights to be upheld include:
- respect for human dignity and freedom;
- equality before the law;
- privacy;
- protection against discrimination; and
- equal opportunity in employment.
Secondly, this Standard requires Australian Disability Enterprises to be proactive in preventing abuse of their supported employees.
In comparison to the general population, people with a disability are more likely to experience abuse and neglect. There are many forms of abuse, including physical, sexual, psychological, or emotional abuse; constraint and restrictive practices; neglect and deprivation. Some forms of abuse may be intentional while others are more likely to result from system failures or poor practice.
Australian Disability Enterprises have a responsibility to have in place prevention strategies. Some considerations include:
- the workplace culture within the service supporting valued attitudes;
- staff having basic competencies/skills in abuse prevention;
- human resource planning including monitoring indicators and risks related to abuse; and
- policy guidelines related to abuse prevention being developed based on good practice and are evaluated.
During the certification process, if the certification body identifies evidence or allegations of an abuse risk, JAS-ANZ Procedure 18 requires them to record the details of the disclosure, allegation or witnessed event, and to immediately notify the organisation’s manager and the Department. Certification cannot proceed until FaHCSIA advises the certification body that the notifiable issue is resolved.
The National Disability Abuse and Neglect Hotline was established, for reporting allegations of abuse and neglect against people with disabilities. Australian Disability Enterprises are expected to actively promote the existence of Hotline to workers. The hotline free call numbers are 1800 880 052 and TTY 1800 301 130.
Policy and program context for Disability Employment Services providers
Firstly, this Standard requires service providers to uphold the legal and human rights of service recipients.
Australia is party to a number of international agreements and conventions that require the upholding of basic legal and human rights of all Australians, including people with disability. These sentiments are also embodied in the Principles and Objectives of the Disability Services Act 1986.
The basic legal and human rights to be upheld include:
- respect for human dignity and freedom;
- equality before the law;
- privacy;
- protection against discrimination; and
- equal opportunity in employment.
Secondly, this Standard requires service providers to be proactive in preventing abuse of its service recipients.
In comparison to the general population, people with disability are more likely to experience abuse and neglect. There are many forms of abuse, including physical, sexual, psychological, or emotional abuse; constraint and restrictive practices; neglect and deprivation. Some forms of abuse may be intentional while others are more likely to result from system failures or poor practice.
Services have a responsibility to have in place prevention strategies. Some considerations include:
- the workplace culture within the service supporting valued attitudes;
- staff having competencies/skills in abuse prevention;
- human resource planning including monitoring indicators and risks related to abuse; and
- policy guidelines related to abuse prevention being developed based on good practice and are evaluated.
During the certification process, if the certification body identifies evidence or allegations of an abuse risk, JAS-ANZ Procedure 18 requires them to record the details of the disclosure, allegation or witnessed event, and to immediately notify the services manager and the Department. Certification cannot proceed until FaHCSIA advises the certification body that the notifiable issue is resolved.
The National Disability Abuse and Neglect Hotline was established in 2001, for people with disability using Government funded services. Services are expected to actively promote the existence of Hotline to service recipients. The Hotline free call numbers are 1800 880 052 and TTY 1800 301 130.
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