Continuous improvement
Standard 12: Tools
Tool 12.1: Procedure guidelines for instances of abuse and neglect 29
‘The following examples are descriptions of the types of activities that should occur when there has been an allegation of abuse, assault or neglect. Your organisation should have written procedures that reflect the steps taken in these examples. You will need to identify the levels of management involved and any additional/agency specific requirements that you may have.
The first example covers the basic information to be followed in all circumstances. Subsequent examples represent additional information for different circumstances.
Example 1: What to do when an allegation of abuse, assault or neglect is made
- The person to whom the allegation is made (person A) must document the incident/allegation according to the service provider's procedures.
- The first person to report the incident to the senior or designated Officer (person B) establishes the nature of the incident and determine the next course of action. In most incidences the allegation will need to be reported to the police or an external organisation.
- Person B contacts the police or other external organisation immediately, providing a copy of the initial allegation/report.
- No further investigations, which may compromise or prejudice the involvement of the police or other external organisation or impede natural justice, are to be conducted.
- Person B or a delegate liaises with police or other external organisation regarding further information or other requirements
- Prior to clarification of the detail of the alleged offence, do not inform other staff or the alleged offender of the investigation, unless the alleged offender is charged with an offence
- Seek advice or assistance from the Office of the Adult Guardian, Office of the Director of Public Prosecutions in your state.
Example 2: The alleged offender is a staff member
The service provider must ensure that all reasonable steps are taken to avoid contact between the person thought to have been subjected to abuse, assault or neglect and the alleged offender. This may involve:
- supervision of any interactions
- immediate allocation to alternative duties
- immediate suspension from duties, depending on the nature of the circumstances.
The service provider must ensure that the legal rights of the staff member are not infringed upon, that the conditions of their industrial award (if applicable) are not infringed upon, and their right to natural justice is upheld.
Example 3: The alleged offender is a person outside of the organisation
The service provider will ensure that where possible, all interactions will be avoided or will occur only where it is required and under appropriate supervision.
Example 4: The alleged offender is a participant/supported employee of the service
The service provider is to take all reasonable steps to avoid contact between the person thought to have been subjected to abuse, assault or neglect and the alleged offender.
The service provider should ensure that:
- a staff member supervises any interactions between the person and alleged offender
- assistance is offered to both parties in their interactions with the police or other relevant organisation or authorities
- both parties are provided with appropriate accessible information about their legal rights, options, and support services; or are given the opportunity to access this information.
The service provider should also ensure the alleged offender has access to a support person or advocate who can assist the person through the investigation and interview process and facilitate legal representation. This person should be someone who is without prejudice and is chosen by the alleged offender, for example a guardian and/or advocate, family member, friend, or someone who is not involved with the inquiry.
Example 5: The offender is found to be criminally responsible or found guilty with no conviction recorded, after an investigation
If the offender is found to be criminally responsible or found guilty with no conviction recorded, the service provider will take appropriate disciplinary action.
Determinations in relation to such action are made in accordance with relevant industrial legislation and the staff member's employment contract, terms of employment, code of conduct or similar employment agreement which was a condition of employment.
In such instances, the service provider must ensure that natural justice has been afforded to the staff member and that the decision to initiate disciplinary action is based on a full and documented consideration of the facts, context, intent and impact of the original offence/s.
The service provider must seek advice from their employee relations adviser, legal adviser or another relevant industry body or similar peak body or organisation which represents and supports organisations and service providers.
The outcome and any subsequent actions of the investigation and response must be documented and kept secure. Access to this information must be restricted to those that have a proper or lawful right to this information.
At the conclusion of the investigation process, a full review of the incident and all subsequent actions must be undertaken by the service provider to determine the effectiveness of the response procedure and highlight good practices and actions that may be implemented to minimise the risk of the situation re-occurring.
Example 6: Where internal or independent investigations were conducted, no charges were laid, or the alleged offender is not prosecuted or found criminally responsible
The standard of proof in criminal matters is ‘beyond reasonable doubt'. This is a higher or stronger level of proof than is required for an industrial or disciplinary process, which only requires that the matter be proved on the balance of probabilities.
The finding of ‘not guilty' in a criminal case involving allegations of abuse, assault and neglect by staff against a participant/supported employee of the service does not therefore prevent an employer from taking disciplinary or other appropriate action.
The service provider must conduct an investigation. In most incidences an independent investigation is recommended. Contact the Office of the Adult Guardian for advice on this matter.
The outcome of the investigation must include recommendations to prevent the incident re-occurring. This may include the employer undertaking disciplinary or other appropriate actions.
Appropriate actions that may be available to the service provider include:
- counselling for the staff member
- additional training
- transfer of duties
- increased supervision
- official warning
- dismissal.
Before the service provider takes any action it must ensure that the staff member has been afforded natural justice and that any action or decision by the employer is based on a full and documented consideration of the facts, context, intent and the impact of the original incident.
The service provider must seek advice from its employee relations adviser, legal adviser, or a relevant industry body such as the Queensland Chamber of Commerce and Industry (or relevant state or territory chamber) or organisation that represents and supports organisations and service providers.
The outcome, and any subsequent actions of the investigation and response, must be documented and kept secure. Access to this information must be restricted to persons that have a proper or lawful right to this information.
At the conclusion of any investigation process, a full review of the incident and all subsequent actions must be undertaken by the service provider to determine the effectiveness of the response procedure and highlight good practices and actions that may be implemented to minimise the risk of the situation re-occurring.
Example 7: Support and debriefing
The service provider must ensure that the person subjected to abuse, assault or neglect, is provided with and/or assisted to access opportunities for support, counselling and/or debriefing. Contact local advocacy services or the Office of the Adult Guardian for advice.
The service provider should offer other involved or concerned staff an opportunity for debriefing as well as informing them of other available counselling or support services
Service providers must be aware that support, counselling and debriefing may also need to be provided to other participants/supported employees or to families and carers or advocates of the victim(s).
In addition to the requirements of this policy, managers must be aware of employees' rights to safety and security and the obligations of employers under the legislation relating to occupational health and safety and worker's compensation in your state/territory.'
Links: Public guardianship bodies in all states/territories
Tool 12.1 refers to the ‘Office of the Adult Guardian'. In each state and territory there is a comparable body which facilitates the appointment of a public guardian in situations where an individual may lack decision making capacity. Where necessary, you should refer to the relevant Office in your state/territory.
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