Glossary and Key Terms
Abuse
Abuse can include any of the following four actions or behaviours by a person who has either a formal or implied bond or trust for service provision to another person. This bond or trust would include management, all staff and volunteers. It also includes anyone else who has a role in the service provision to the consumers of a service, such as board members or members of a management committee.
Financial abuse
The illegal or improper use of the person's property, finances and other assets
without their informed consent or where consent is obtained by fraud.
Physical abuse
The infliction of physical pain, discomfort, injury or physical coercion such
as hitting, shoving, pushing, burning and physical restraint.
Psychological/emotional abuse
The infliction of psychological or emotional suffering or fear, including
actions that lead to fear of violence, to isolation or deprivation, feelings
of shame, loss of dignity, humiliation, intimidation or powerlessness.
Sexual abuse
The infliction of sexual assault, sexual harassment and all forms of illegal
sexual activity such as molestation, rape and carnal knowledge.
Accountability
Refers to being able to clearly justify the use of resources, power and control to effectively mediate rights and responsibilities.
Adult Guardian
The Adult Guardian is an independent statutory officer established to protect the rights and interests of adults with impaired capacity. The Adult Guardian has the power to investigate a complaint or allegation that an adult with an impaired capacity is being neglected, exploited or abused. The Adult Guardian can also investigate complaints about the decisions made by attorneys under Enduring Power of Attorney and Statutory Health Attorneys.
Assault
The Criminal Code Act, 1899 Section 245 (1) states:
“A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person's consent, or with the other person's consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person's consent, under such circumstances that the person makingthe attempt or threat has actually or apparently a present ability to effect the person's purpose, is said to assault that other person and the act is called an ‘assault’”.
Assault occasioning bodily harm
The term bodily harm means any bodily injury which interferes with health or comfort.
The Criminal Code Act 1899 Section 339 states in part:
"Any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime".
As a general rule, the charge of bodily harm is usually preferred when the nature of the injury or injuries received by the victim are considered more serious, but from which the victim will recover (ie a black eye and associated cuts which will heal in time and not result in any permanent eye damage).
Child
Child means a person who has not attained 18 years of age.
Common assault
The Criminal Code Act 1899 Section 335 states in part:
"Any person who unlawfully assaults another is guilty of a misdemeanour".
Common assault is usually the offence committed in the absence of any circumstances of aggravation and when the injury or discomfort caused is regarded as minimal.
Crime and Misconduct Commission (CMC)
The Crime and Misconduct Commission (formally the Criminal Justice Commission) is established under the Criminal Justice Act 1989. Its purpose is to investigate complaints of misconduct in the Queensland Police Service and the Public Sector, including statutory authorities, local authorities and state-run prisons and initiate action against people suspected of wrong doing.
It only has jurisdiction over persons employed by units of the public sector and not private service providers. This means that the CMC does have jurisdiction over Disability Services Queensland but not over non-government service providers, even where Disability Services Queensland funds such non-government service providers.
It is a mandatory requirement that the CMC be notified of all instances of suspected official misconduct occurring within Disability Services Queensland.
Disabilities covered by the Disability Services Act 1992
This Act applies to a person with a disability that is attributable to an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment or a combination of impairments; and that results in:
- a substantial reduction of the person's capacity for communication, social interaction, learning or mobility; and
- the person needing support.
The disability must be permanent or likely to be permanent. The disability may be, or may not be, of a chronic episodic nature.
Discrimination
Discrimination is defined in the Anti-Discrimination Act 1991 in two ways. Direct discrimination is defined as treating a person less favourably because of an attribute the person has or is presumed to have. Indirect discrimination may occur if a condition is imposed that is unreasonable; that a person with the attribute cannot comply with; or that a higher proportion of people without the attribute can comply with.
Equity
In the workplace, equity refers to a person using a fair, just and reasonable approach in decision making, allocation of resources and general treatment of a person and her/his circumstances in relation to their skills and needs. It is a key principle in the recruitment and selection process whereby applicants are selected, promoted and treated on the basis of their individual talents and capabilities.
Fraud
Fraud refers to the intentional use of false representations or deception to avoid an obligation, or gain an unjust advantage or property for themselves or others that they are not otherwise entitled to.
Grievous bodily harm
The term grievous bodily harm means any bodily injury of such a nature as to endanger or be likely to endanger life, or to cause or be likely to cause permanent injury to health, (eg a punch thrown by an assailant to a victim's face resulting in the victim losing the sight in one eye).
The Criminal Code Act 1899 Section 320 in part states: "Any person who unlawfully does grievous bodily harm to another is guilty of a crime."
Harm
Harm refers to any detrimental effect of a significant nature to the person's physical, psychological or emotional wellbeing. It is immaterial how the harm is caused. Harm can be caused by physical, psychological or emotional abuse or neglect, or sexual abuse or exploitation.
Incident
The term “incident” is used to relate specifically to the allegation or suspicion of abuse, assault and neglect.
Natural justice
Refers to procedural fairness, which is based on the requirement to adopt fair and flexible decision making procedures which are appropriate and adapted to the nature, circumstances and context of a given situation. There are two basic rules of natural justice.
The 'hearing rule' requires that where it is proposed to take action that adversely affects someone's interest, the person concerned must have a chance to state his or her point of view before the action is taken.
The 'rule against bias' requires that the decision-maker is impartial.
Neglect
The failure by those who have a duty of care to provide the necessities of life - food, clothing, shelter, health care, safety or security needed for a person's optimal lifestyle and development, or the failure to use the available resources to meet those needs. Negligence A person may be negligent if they fail to exercise reasonable care and someone suffers harm as a result. Negligence could arise because the person did or did not do something which they should have done.
Official misconduct
This refers to conduct by a public official that involves carrying duties or exercising powers in a manner that is dishonest or lacks impartiality; or a breach of trust placed in the person by reason of his/her holding the office, or a breach of confidentiality. Conduct is regarded as official misconduct if it could be defined as a criminal offence or a disciplinary breach that provides reasonable grounds for dismissal.
Ombudsman
Refers to the Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1974.
Reasonable
Where a duty of care exists, the law requires that the person exercise the same degree of care that a reasonable person could be expected to show.
A higher standard is expected from a person responsible for the care of someone whom the law would regard as vulnerable. This would include people who have a disability. Management, staff and volunteers are therefore obliged to exercise the degree of care that could reasonably be expected from a competent and skilled person in that job.
The overriding principle is that as long as management, staff and volunteers take reasonable care and consider the rights of all concerned, then the reasonable expectations of consumers of the service, management, staff, volunteers and the community will be met.
Service agreement
An agreement negotiated between Disability Services Queensland and a service provider when the organisation is approved to receive funding of a recurrent or nonrecurrent nature.
Service agreements cover roles and responsibilities of the funded organisation and Disability Services Queensland, needs of the target group, goals and objectives of the funded service, how achievements will be measured, total of funds approved by the Minister of Disability Services Queensland, financial accounting requirements, record keeping and data collection.
Service providers
Those services which are operated or funded by Disability Services Queensland. The term non-government service provider includes a person, company or corporation or non-profit association which provides a service, that is funded or partly funded by the Disability Services Queensland.
Under the Disability Services Act 1992, a service provider is:
- a natural person who provides services to people with disabilities (whether or not the service provider and the people with disabilities are related); or
- an organisation that provides services to people with disabilities, including:
- a public sector unit;
- a local government;
- an institution that provides tertiary education;
- another organisation (whether or not incorporated) that is not a public sector unit, local government or institution that provides tertiary education.
The service provider may provide the services specifically to people with a disability or generally to people in the community, including people with a disability. The service provider may provide the services with the intention of making a profit.
Staff
All permanent and temporary full time or part time paid or unpaid employees of the organisation, and casual employees. Students undertaking paid or unpaid authorised work experience, practical or placement, are included.
Vicarious liability
Vicarious liability is the liability that a service provider is subject to, for the actions or omissions of its employees, volunteers or agents. Service providers may also be vicariously liable where management, staff, volunteers or other agents of the service provider did not or failed to follow totally, the proper or approved guidelines or protocols adopted by the service.
The service provider will not be liable for the actions of its employees, volunteers or agents, where the actions are outside the course of the person's employment (for example, where the person assaults a client).
In this example, the service provider may still be directly liable (as opposed to vicariously) if they negligently employed a person with a criminal history of assault, such as would make them an unacceptable risk to clients. A service provider may not be liable for harm suffered by a consumer, if the employee concerned took reasonable care in their work.
Volunteers
All individuals who are recruited or utilised by an organisation in assisting with the direct delivery of the service.
Whistleblowing
Refers to when a person discloses information, under the Whistleblowers Protection Act 1994 about official misconduct, maladministration, negligent or improper management of public funds, reprisal, or danger to a person or the environment, in the public interest.
This legislation only applies to employees or officers of a unit of public administration, which would include, staff of Disability Services Queensland but does not include nongovernment organisation, even where Disability Services Queensland funds them.
Last updated February 2008