Abuse

• About abuse
• Booklet
  • Introduction
  • Indicators
  • Examples
  • Reporting
  • Checklist
  • Glossary
  • Further reading
  • Contacts
• Policy
  • Contents
  • From the minister
  • Introduction
  • Procedure
  • Procedure guides

Introduction

Every person has a right to live a life free from the fear of abuse, threats and assaults. This basic human right is embedded in United Nations Rights of the Disabled Person 1975 and the following State and Commonwealth legislation:

• Commonwealth Disability Services Act 1992
• Commonwealth Human Rights and Equal Opportunity Commission Act 1986
• Queensland Anti Discrimination Act 1991
• Commonwealth Disability Discrimination Act 1992
• Powers of Attorney Act 1998
• Guardianship and Administration Act 2000
• Child Protection Act 1999

It has long been documented that people with a disability have been ‘silent victims’ of many forms of abuse including neglect and criminal assault by carers.

Disability Services Queensland (DSQ) acknowledges that it needs to take a stand and actively work to ensure that people with a disability are afforded the quality of services and freedom from abuse, assault and neglect that they are entitled to as citizens of Queensland. The abuse, assault or neglect of people with a disability in any form will not be tolerated in any service funded or directly provided by DSQ.

DSQ will confront the issues of the prevention of abuse, assault and neglect through four mechanisms:

• The Disability Services Queensland Strategic Plan 2000-2005, which has been endorsed by the Queensland Government and the community. In this plan, strategic direction 7: Safeguards and advocacy, and strategic direction 4: Improving the quality of services; provide a commitment to create a culture of openness and best practice in the disability sector.
• A Quality Framework for the Disability Sector in Queensland and the development of Disability Service Standards, will provide mechanisms to ensure the meaningful participation of people with a disability and their families in the improvement of service quality.
• Other policies such as the Policy and Procedures for Complaints regarding DSQ services and funded services.
• Service agreements, which provide mechanisms to ensure that agencies comply and implement the policies.

The following policy and procedures for the prevention and response to allegations or reports of abuse, assault or neglect apply in all services either funded or directly operated by DSQ. This includes services that support children, young people and adults with a disability.

DSQ services also need to comply with more detailed organisational procedures outlined in the Accommodation Support Services Manual and the Policy and Procedures for Complaints.

A guide to how procedures may be written is provided in part 3 of this document.

A resource booklet is also available to provide assistance to identify indicators of abuse, neglect and assault and assist with the implementation of this policy.

Role of the Adult Guardian

In Queensland, the Powers of Attorney Act 1998 and the Guardianship and Administration Act 2000 were enacted to protect people with impaired capacity from abuse, assault, neglect and exploitation.

The Adult Guardian has the responsibility for protecting the rights and interests of adults with impaired capacity, including providing protection from abuse, exploitation and neglect. This involves investigation of allegations of abuse, providing advocacy on behalf of the person with impaired capacity and providing legal representation.

Service providers are encouraged to seek advice from the Office of the Adult Guardian in matters of abuse, assault and neglect.

Scope

This policy and its procedures are a mandatory requirement of the conditions of funding for all services funded by DSQ. All service agreements entered into between DSQ and funded service providers must include a condition that requires the service provider to comply with this policy.

While some organisations may have existing policies and procedures for the prevention of and response to abuse, assault and neglect; organisations are to ensure that existing policies are consistent with and do not conflict with this policy.

The chief executive officer(s), board of management, management committee or accountable officers of an organisation are responsible and accountable for ensuring the implementation of the organisation’s policy and procedures.

It is the ongoing role and responsibility of DSQ to monitor the implementation of this policy.