3. Procedure Guidelines
The following examples are provided as guides for agencies on how procedures
could be written to meet the policy requirements. Every attempt has been made
to provide a clear description of the activities to occur, however individual
agencies will need to identify the levels of management involved and any additional/agency
specific requirements that they may have.
In most instances generic terms have been used. The first example (3.1) covers
the basic information to be followed in all circumstances. Examples 3.2 - 3.7
represent additional information for different circumstances.
3.1 Example: What to do when an allegation of abuse,
assault or neglect is made.
- Person (person A) to whom the allegation is made 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) will establish 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 will contact 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 the 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 (DSQ- Misconduct Prevention Unit).
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3.2 Example: 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:
a) supervision of any interactions;
b) immediate allocation to alternative duties;
c) 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. |
3.3 Example: 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.
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3.4 Example: The alleged offender is a consumer 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) a staff member supervises any interactions between the person
and alleged offender;
b) assistance is offered to both parties in their interactions with
the police or other relevant organisation or authorities;
c) both parties are provided with appropriate accessible information
about their legal rights, options, and support services; or be 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; guardian and/or advocate, family
member, friend, or someone who is not involved with the inquiry.
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3.5 Example: 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
the
Industrial Relations Act 1999 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 person and that the decision to initiate
disciplinary action is based upon 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 such as the
Queensland Confederation of Commerce and Industry (QCCI) 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.
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3.6 Example: 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 consumer 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:
a) counselling for the staff member;
b) additional training;
c) transfer of duties;
d) increased supervision;
e) official warning;
f) 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 upon 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 QCCI
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. |
3.7 Example: 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 consumers 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 Workplace Health and Safety Act 1995 and
the Workplace Injury
Management and Workers Compensation Act 1998.
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Last updated February 2008
