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Summary: The Abuse and Neglect Policy provides information and guiding principles
to support paid and unpaid workers of ADHC operated and funded non-government
disability support services, with the means to prevent, identify and respond to abuse
and neglect when it occurs or is suspected.
Abuse and Neglect Policy
Revision history
Version Amendment Amendment notes
date
1.2 Background
The United Nations’ Convention on the Rights of Persons with Disabilities 1 (the
UN Convention) states that a person with disability has the right to liberty, security
and freedom from abuse and neglect, and where these rights have been violated,
to have equal recognition by law and access to justice.
The Policy is consistent with the objects and principles of the Disability Inclusion
Act 2014, and is based on the principles of legal and human rights found in the
NSW Disability Service Standards.
The Policy includes principles recognising the needs of particular groups, such as
Aboriginal and Torres Strait Islander people, people from culturally and
linguistically diverse (CALD) backgrounds and women and children with disability.
The Policy aims to deliver culturally sensitive information about how to safeguard
people from abuse and neglect and, that supports Aboriginal and Torres Strait
Islander people and people from CALD communities.
1
Convention Rights of People with Disability, United Nations 2006
http://www.un.org/disabilities/convention/conventionfull.shtml
For reporting abuse and neglect to external agencies and services such as the
NSW Police and Ambulance services, please refer to the Abuse and Neglect
Procedures (2015).
2
NDS Zero Tolerance Framework: http://www.nds.org.au/projects/article/194
3.3 Prevention
Prevention strategies should provide for the employment of skilled staff who
respect the rights of people with disability, who are aware of current policies and
legislation pertaining to abuse and neglect, and who will support people and their
families or guardians to access complaint mechanisms and raise any concerns
they have about services.
The Disability Inclusion Act 2014 requires Family and Community Services
(FACS) and FACS funded non-government disability support service providers to
perform certain checks at the recruitment stage when employing or appointing a
person to work with people with disability. These include the:
National Criminal History Record Check for “relevant workers” employed by
FACS to provide disability supports and services directly to people with
disability in a way that involves face to face or physical contact.
Working with Children Check for any paid and unpaid workers in any roles
working with or in the vicinity of children or young people, (anyone aged under
18 years of age) in accordance with the Child Protection (Working with
Children) Act 2012 (the Act) and the Child Protection (Working with Children)
Regulation 2013.
Refer to Disability Inclusion Act 2014 FACS Fact Sheet 4 and the FACS Working
with Children Policy 2015 for further information.
Also see the ADHC Abuse and Neglect Prevention Guidelines.
3
http://www.ombo.nsw.gov.au/__data/assets/pdf_file/0017/3707/FS_PSA_14_Natural_justice_Procedural_fairness.pdf
3.9 Resolution
Service providers will address the nature and impact of the incident or allegation
from a person’s perspective. This will help to determine whether the person has
experienced abuse or neglect, a breach of rights and trauma as a separate and
equal consideration.
Long term abuse Abuse that occurs over a period of time. E.g. Can occur in
the context of family or other ongoing living arrangement.
Institutional abuse The features are poor care standards, lack of positive
responses to complex needs, rigid routines, inadequate
staffing and insufficient knowledge within the service/s.
E.g. not rostering enough staff on shift to meet the needs
of the people requiring support.
Physical Any non-accidental physical injury Roughly handling a person while Inconsistent and vague or unlikely
abuse or injuries to a child or adult by providing supports such as explanation for injury
any other person. This includes personal care or transfers. Unexplained injuries:
but is not limited to inflicting pain Hitting, smacking, biting, kicking,
of any sort, and causing harm or - broken bones, fractures,
pulling limbs, hair or ears, striking
injuries or causing bruises, sprains, bruises, burns, bite
with closed or open hand or with
fractures, burns, electric shock or marks, scratches or welts in
an implement of any kind.
any unpleasant sensation. various stages of healing
Dragging, carrying or pushing
people who do not want to be Other bruising and marks may
moved unless involuntary suggest the shape of the object
relocation is part of a behaviour that caused it
management plan or emergency
response. Avoidance or fearful of a particular
person or staff member or over
Unauthorised physical restraint. compliance to staff
Threats of violence. Frequent and overall drowsiness
Leaving someone on the toilet too Out of character aggression
long or not taking them to the toilet
when they need it.
Bathing in water too hot or too
4
These formal definitions of abuse and neglect – National Disability Abuse and Neglect Hotline http://www.disabilityhotline.net.au/what-is-abuse-and-neglect/formal-definitions-of-abuse-and-
neglect/
Unauthorised Restraining or isolating an adult Physical restraint – prolonged use Broken or unmaintained aids or
restraints and for reasons other than medical on any part of a person’s body to equipment that restricts a person’s
restricted necessity or the absence of a less restrict their free movement. movement e.g. uncharged battery
practices restrictive alternative to prevent on a wheel chair.
Chemical restraint – inappropriate
self-harm. use of medication to control a Overdose of medication.
This may include the use of person’s behaviour. Locks on outside of bedroom
chemical, physical, mechanical, Mechanical restraint – the doors.
psycho- social and seclusion as a inappropriate use of a device to
means or the denial of basic Locks on food pantry and
restrict the free movement of a
human rights or choices such as refrigerators without Restrictive
person.
religious freedom, freedom of Practice Authorisation.
association, access to property or Psycho-social restraint – the use
resources or freedom of of verbal communications and/or
movement. These practices are threats of social or material
not considered abuse if they are punishment which elicit fear and
applied under a Restricted restrain a person’s behaviour.
Practice Authorisation and a Seclusion – involves confinement
Behaviour Support Plan (refer to in a room or area, in which an exit
Behaviour Support Policy). is prevented: or where a person
Psychological Verbal assaults, threats of Treating people in ways that deny Depression, withdrawal, crying.
or emotional maltreatment, harassment, them of their dignity. Secretive and trying to hide
abuse and humiliation or intimidation or Humiliating a person for losing information and personal
verbal abuse failure to interact with a person or control of their bladder or bowel or belongings.
failure to acknowledge that about other private matters.
person’s presence. This may Speech disorders.
include the use of chemical or Denying cultural or religious needs Weight gain or loss.
physical means or the denial of such as serving pork to Jewish or
basic human rights or choices Muslim persons. Feelings of worthlessness about
such as religious freedom, life and self; extreme low self-
Not allowing a person to express
freedom of association, access to esteem self-abuse or self
themselves out of fear of
property or resources or freedom destructive behaviour.
retaliation.
of movement. Extreme attention seeking
Discouraging personalisation of behaviour and other behavioural
rooms or clothing. disorders (e.g. disruptiveness,
Limiting social freedom available aggressiveness, bullying).
to people. Excessive compliance.
Criticising, teasing, belittling,
insulting, rejecting, ignoring and
isolating a person.
Making a person beg for help.
Shouting orders to people.
Verbal taunts, humiliation,
Domestic Domestic violence is a range of Any form of abuse that occurs in a Depression, withdrawal, crying.
violence abusive behaviours perpetrated in person’s home including: Feelings of worthlessness about
the victim’s home by someone
- Physical abuse life and self; extreme low self-
who is well-known to them.
- Sexual abuse esteem self-abuse or self
- Sexual assault destructive behaviour.
- Restricted practice and Extreme attention seeking
restraints behaviour and other behavioural
- Psychological or emotional disorders (e.g. disruptiveness,
aggressiveness, bullying).
abuse and verbal abuse
- Financial abuse Excessive compliance.
- Systems abuse
- Legal or civil abuse
- Neglect
- Wilful deprivation
- Passive neglect
- Emotional neglect
Financial The improper use of another Denying a person access to or Sudden decrease in bank
abuse person’s assets or the use or control over their money when balances.
withholding of another person’s they have a demonstrated No financial records or incomplete
Systems Failure to recognise, provide or Service providers arriving late or Over or under use of medication.
abuse (also attempt to provide adequate or leaving early (without agreement). Over or under use of restrictive
includes wilful appropriate services, including Relevant policies and procedures practices.
deprivation) services that are appropriate to
Legal or civil Denial of access to justice or legal Denial of access to justice or legal
abuse systems that is available to other systems that is available to other
Neglect Neglect is a failure to provide the Failure to provide the following: Inappropriate or inadequate
necessities of care, aid or shelter or accommodation
- supervision for long periods of
guidance to dependent adults or
time when the risk of Hunger and/or weight loss
children by those responsible for
their care foreseeable harm or injury to Requesting, begging, scavenging
the person requiring care is or stealing food
high Constant fatigue, listlessness or
- adequate nutrition, clothing or falling asleep
personal hygiene Direct or indirect disclosure
- clean clothing
Extreme longing for company
- appropriate health care or
medical treatment Poor hygiene
- safe environment Inappropriate or inadequate
- social interaction and clothing for climatic conditions
engagement Unattended physical problems or
medical needs
Denying or withhold food or drink
for example, because a person Social isolation
has not completed a task Loss of social and communication
Hurrying or rushing assistance skills
Physical Failure to provide adequate food, Not supporting the person to Improper sleeping, cooking,
neglect shelter, clothing, protection, maintain hygiene. bathing arrangements.
supervision, medical and/or dental
Not providing adequate medical or Unclean and unsanitary living
care, or to place persons at undue dental care. conditions.
risk through unsafe environments
or practices. Unmaintained house. Poor grooming – overgrown finger
and toe nails, unclean hair,
Failing to report hazards.
unshaven, unbathed, wearing dirty
Not completing annual or damaged clothing.
comprehensive health, risk and
Smelling of urine or faeces.
swallowing assessments.
Emotional The failure to support and Ignoring a person. No social or recreation activities.
neglect encourage, protect and provide Forced isolation. No day time or work activities.
stimulation needed for the social,
intellectual and emotional growth Depriving a person of their right to No family contact.
or well being of an adult or child. express their cultural identity, their No means of communication.
sexuality or other desires.
Passive A caregiver’s failure to provide or Denial of dental or medical care, Not using equipment and
neglect withholding of the necessities of therapeutic devices or other therapeutic devices as prescribed
life, including food, clothing and physical assistance. by a health professional for a
shelter or medical care. person with a disability for
Failure to provide proper food –
example; no lap strap fixed when
lack of fresh fruit and vegetables.
transporting a person in a wheel
chair; inadequate pressure care,
not positioning a person properly
etc.
Very hungry or thirsty.
Inadequate supply of fresh food.
Unattended medical and dental
issues.
Unclean and unsanitary living
conditions.
Ripped or torn clothing.
Not enough warm clothing.
5
NSW Ombudsman https://www.ombo.nsw.gov.au/news-and-publications/publications/fact-sheets/community-and-
disability-services/guide-for-services-reportable-incidents-in-disability-supported-group-accommodation
6
http://dadhc-intranet.nsw.gov.au/documents/policies/FACS-Incident-Reporting-and-Management-Policy-ADDS.pdf
8 Policy links
ADHC Behaviour Support Policy May 2012
ADHC Child Protection: Responding to Allegations Against Employees: Policy
and Procedures May 2010
Child Protection Guidelines: What ADHC staff need to know about child
protection May 2014
Child Protection Fact Sheet: Child protection laws: What ADHC staff should
know, Oct 2013
NSW Mandatory Reporter Guide: Keeping Them Safe - A share to child well
being, December 2014
Code of Ethical Conduct, September 2013
Criminal Records Check
Decision Making and Consent Policy and Procedures
Engagement of Agency Staff, September 2007
FACS Aboriginal Strategy 2013-2015
FACS Aboriginal Cultural Inclusion Framework 2015-2018
FACS Community Complaints Policy for Ageing and Disability Direct Services,
September 2014
FACS Community Complaints Guidelines for Ageing and Disability Direct
Service, September 2014
FACS Cultural Diversity Framework 2014 – 2017
7
http://www.kidsguardian.nsw.gov.au/
9 Legislative context
Carers Regulation 2010 NSW
Children and Young Persons (Care and Protection) Act 1998
Children and Young Persons (Care and Protection) Regulation 2012, Schedule
3
Child Protection (Working with Children) Act 2012
Child Protection (Offenders Regulation Registration) Act 2000
Community Services (Complaints, Reviews and Monitoring) Act 1993 (CRAMA)
Crimes (Domestic and Personal Violence) Act 2007 and Amendment Act 2008
No: 119
Criminal Procedures Act 1986
Criminals Record Act 1991
Disability Inclusion Act 2014
Government Information (Public Access) Act 2009 (GIPA Act)
10 Definitions
Table 3: List of terms, keywords and/or abbreviations used throughout this
document. Many are adapted from definitions in the Ombudsman’s Guide for
services: Reportable incidents in disability supported group accommodation8.
Term Definition
Advocate A person who promotes supports and represents the rights
and interests of another person. An advocate is often
involved in acting, speaking or responding on behalf of
another person for people with disability who are supported
in ADHC operated or funded non-government disability
support services.
Ageing, Disability Services provided directly by NSW Family and Community
and Home Care Services to people who are ageing and/or with disability.
(ADHC) services These include accommodation, flexible and centre-based
respite, day program services or other services where
ADHC staff provide direct care to a person with disability.
Allegation A claim or assertion that someone has done something
illegal or wrong, often one made without proof.
Apprehended The term Apprehended Violence Order (AVO) has the
violence order same meaning as in the Crimes (Domestic and Personal
Violence) Act 2007.
An AVO is a protection order that is made by a court, to
provide a person at risk of experiencing violence by
another person, with legal protection from the person who
is threatening violence.
8
NSW Ombudsman Guide for Services: Reportable Incidents in disability supported group accommodation. December
2014
9
= NSW Ombudsman Guide for Services: Reportable Incidents in disability supported group accommodation. December
2014
10
Adapted from: NSW Ombudsman Guide for Services: Reportable Incidents in disability supported group
accommodation. December 2014
11
http://www.publicguardian.justice.nsw.gov.au/publicguardian/pg_guardianship/pg_whatisguard.html
12
NSW Ombudsman Guide for Services: Reportable Incidents in disability supported group accommodation. December
2014
13
NSW Ombudsman Guide for Services: Reportable Incidents in disability supported group accommodation. December
2014
14
Adapted from NSW Ombudsman Guide for Services: Reportable Incidents in disability supported group
accommodation. December 2014
If you are reviewing a printed version of this document, please refer to the
Intranet to confirm that you are reviewing the most recent version of the Policy.
Following any subsequent reviews and approval this policy will be uploaded to
the internet/and/or intranet and all previous versions removed.