001 Participant’s Rights Policy
1. Purpose
Proactive Support is committed to ensuring that each participant’s human and legal rights are upheld as they access our supports and services. Staff members’ interaction with participants will encourage the freedoms, choices, and rights they are entitled to. As participants’ individuality is valued by our staff they will grow, becoming more confident and maintaining their independence.
2. Scope
This policy applies to:
- All staff who work or interact with participants supported by Proactive Support
- Administrative staff who may communicate with the participant or advocate via phone, email, or other means
- All types of communications and interactions, not just those made in person
- All Proactive Support’s documentation for participants, including informationals and forms
- All stages of support provision including assessment, planning, provision, review, and exit
3. Definitions
In this policy:
Staff means any person employed by Proactive Support, including managers and workers, regardless of pay, status or working hours
Participant means a client or potential client who is receiving supports or services from Proactive Support
Advocate is a person speaking or acting on the participant’s behalf, including associated family members, carers, nominee, independent advocates, and significant others
Dignity of risk is the idea that self-determination and the right to take reasonable risks are essential for dignity and self-esteem, and so should not be impeded by excessively cautious caregivers, concerned about their duty of care
4. Rights and Responsibilities
All Staff
All staff are required to:
- Familiarise themselves with Queensland’s Human Rights Act 2019 and the NDIS Code of Conduct 2019
- Uphold and respect each participant’s individual rights to informed choice, freedom of decision making, expression and self-determination
- Support and respond to each participant’s right to identify and practice their culture, diversity, values, and beliefs
- Support the client's rights to experience risk that is age, capacity and skill appropriate and reflects their informed choice. However, when our clients are under 18 years, we recognise the parent, or legal guardian, as the legal decision-maker
- Assist all clients in identifying the supports that meet their individual goals and lead to greater independence, self-reliance, and community inclusion
- only provide supports and services within their professional scope of practice as outlined in their position description, contract of employment and at staff induction
Management
The managers’ additional responsibility is to ensure that all communications, informationals and forms provided to participants are aligned with their legal and human rights.
5. Queensland’s Human Rights Act 2019
Proactive Support have an obligation to treat people in accordance with their human rights and therefore staff must understand human rights and take them into account in their day-to-day work. They will need to read the Act to become familiar with its principles, incorporating them into their interactions with participants. These rights include, but are not limited to, the right to:
- Recognition and equality before the law
- Freedom of movement, thought, conscience, religion, belief and expression
- Take part in public life
- Privacy and reputation
- Liberty and security of person
- Cultural rights
- Health Services
6. Informed Choice
Proactive Support aims to support each participant to make informed choices by:
- Timely provision of information communicated in a mode the participant will understand
- Clearly outlined benefits and risks, allowing the participant the ‘dignity of risk’ in decision making
- Respecting their autonomy, including their right to intimacy and sexual expression
- Giving them sufficient time to consider and review their options and seek advice if required
- Allowing advocate access and / or presence
Staff will be trained in these skills and encouraged to adhere to the principles of providing informed choice.
The benefits of staff supporting the participant in exercising informed choice are: maximised independence, the participant’s needs being met appropriately, and their human rights to freedom of expression, self-determination and decision-making being protected. Adhering to these principles ensures the focus is on person-centred support principles.
7. Support the Participant Having Control
Proactive Support adheres to Active Support principles, enabling each participant to exercise their right to independence by having control over their support. Each participant will be able to direct their contact and engagement with their family, friends and chosen community.
Proactive Support will support each participant to access and spend their own money as they determine and will not give them financial advice or information other than that would reasonably be required under the participant’s plan.
Whenever Proactive Support communicates with the participant it will be in a mode that the participant is likely to understand, enabling them to have as much control as possible in making their own decisions.
All participant engagement is documented in Support Co-ordination and/or Community Access Case Notes. As per the Right to Information Act 2009, clients can access their personal information as documented in our Participant’s Privacy, Dignity and Confidentiality Policy.
8. Respect for the Participant
Proactive Support will provide supports and services for the participant which demonstrate a respect for that person’s culture, values, beliefs, and diversity. Staff will achieve this in their interactions with the participant by:
- Identifying their importance
- Responding with sensitivity
- Enabling access to supports which are aligned with their values
Staff will make every effort to ensure that the supports and services provided by Proactive Support do not conflict with each participant’s culture, values, beliefs, and diverse needs.
9. Documentation
The ‘Participant Profile and Support Plan’ form will be completed in collaboration with the participant and advocate at the outset of Proactive Support providing supports and services. This form is an important document as it provides Proactive Support staff of not only personal details and care needs, but how to communicate with the participant, their support network and of their personal preferences. A comprehensive profile and support plan will assist staff and participants alike to understand, respect and communicate well, ensuring the participant’s rights are upheld.
10. Related Documentation
Proactive Support
Participant’s Privacy, Dignity and Confidentiality Policy
Participant’s Information, Money, and Property Procedures
‘Participant Profile and Support Plan’ Form
External
Queensland’s Human Rights Act 2019
National Disability Insurance Scheme (Quality Indicators) Guidelines 2018
NDIS Code of Conduct 2019
Right to Information Act 2009
