002 Misconduct Policy | NDIS Disability Services in Brisbane

1. Purpose

This policy covers the prevention, reporting and correct response to misconduct, harm abuse and neglect. Proactive Support is committed to providing a safe, flexible, and respectful environment for staff and participants free from all forms of discrimination, violence, abuse, neglect, exploitation, bullying, sexual harassment, and victimisation. Proactive Support has zero tolerance for abuse, neglect, harm, and discrimination.

All Proactive Support staff are required to treat others (and expect to be treated themselves in the same way) with dignity, courtesy, and respect, thereby upholding individual human rights.

By effectively implementing our Misconduct Policy we will attract and retain talented staff and create a positive environment for everyone.

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2. Scope

This policy applies to:

all staff and all aspects of employment
the way Proactive Support provides services to participants, and how staff interact with other members of the public
on-site, off-site or after-hours work; work-related social functions; conferences – wherever and whenever staff may be as a result of their Proactive Support duties
staff treatment of other staff, of participants, and of other members of the public encountered in the course of their Proactive Support duties

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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

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4. Rights and Responsibilities

All Staff

All staff are entitled to:

A healthy workplace environment free from discrimination, violence, abuse, neglect, exploitation, bullying, sexual harassment and victimisation
The right to raise issues or to make an enquiry or complaint in a reasonable and respectful manner without being victimised
Recruitment and selection decisions based on merit and not affected by irrelevant personal characteristics
Reasonable flexibility in working arrangements, especially where needed to accommodate their family responsibilities, disability, religious beliefs or culture

All staff must:

Follow the standards of acceptable behaviour outlined in this policy
Offer support to participants and other staff who experience misconduct, including providing information about how to make a complaint and facilitating participant access to an advocate
Report all alleged or suspected instances of misconduct in accordance with Proactive Support’s Incident Management Policy
Cooperate with the investigation of any complaint relating to the provision of services and supports
Provide appropriate support to the person making the report.
Avoid gossip and respect the confidentiality of complaint resolution procedures
Treat everyone with dignity, courtesy and respect.

Management

Managers must also:

Promote a culture which aids the prevention and identification of misconduct, modelling appropriate standards of behaviour themselves
Ensure staff are aware of their obligations under this policy and the law
Ensure staff have adequate training to be compliant with and able to implement this policy
Intervene quickly and appropriately when they become aware of inappropriate behaviour
Ensure participants are aware of advocacy services and have access to an advocate
Communicate effectively with the participant and guardian or decision maker of the participant regarding any suspected or alleged misconduct (unless they are the perpetrator) and advise of their rights to pursue grievances and complaints and access to the criminal justice system
Act fairly to resolve issues and enforce workplace behavioural standards, making sure relevant parties are heard
Help staff resolve complaints informally, and refer formal complaints about breaches of this policy to the relevant authority or agency
Ensure staff and participants who raise an issue or make a complaint are not victimised
Ensure that recruitment decisions are based on merit and that no discriminatory requests for information are made
Seriously consider requests for flexible work arrangements
Ensure all staff are screened for suitability before commencing work, as per 011 Human Resource Management Policy
Formally document any identified risk factors

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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

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6. Unacceptable Workplace Conduct

Discrimination, violence, abuse, neglect, exploitation, bullying, sexual harassment, victimisation or any other form of mistreatment are unacceptable at Proactive Support and are unlawful under the following legislation:

Sex Discrimination Act 1984 (Cth)
Racial Discrimination Act 1975 (Cth)
Disability Discrimination Act 1992 (Cth)
Age Discrimination Act 2004 (Cth)
Australian Human Rights Commission Act 1986 (Cth)

Staff (including managers) found to have engaged in such misconduct will be disciplined according to Proactive Support’s Human Resource Management Policy.

The processes for preventing, identifying, reporting, and responding to misconduct, in all cases includes:

Where misconduct may be potential - has not yet occurred, but could occur

Suspected - where someone reasonable suspects that misconduct could occur

Alleged - where someone has reported that misconduct has occurred

Actual - where misconduct has been witnessed

6.1 Discrimination

Discrimination is treating, or proposing to treat, someone unfavourably because of a personal characteristic protected by the law, such as sex, age, race or disability.

Discrimination can occur:

Directly, when a person or group is treated less favourably than another person or group in a similar situation because of a personal characteristic protected by law (see list below).

For example, a participant is harassed and humiliated because of their race, or
A staff member is refused promotion because they are ‘too old’

Indirectly, when an unreasonable requirement, condition or practice is imposed that has, or is likely to have, the effect of disadvantaging people with a personal characteristic protected by law (see list below).

Protected personal characteristics under Federal discrimination law include:

A disability, disease or injury, including work-related injury
Parental status or status as a carer, for example, because they are responsible for caring for children or other family members
Race, colour, descent, national origin, or ethnic background
Age, whether young or old, or because of age in general
Sex
Industrial activity, including being a member of an industrial organisation like a trade union or taking part in industrial activity, or deciding not to join a union
Religion
Pregnancy and breastfeeding
Sexual orientation, intersex status or gender identity
Marital status, whether married, divorced, unmarried or in a de facto relationship or same sex relationship
Political opinion
Social origin
Medical record
An association with someone who has, or is assumed to have, one of these characteristics, such as being the parent of a child with a disability.

It is also against the law to treat someone unfavourably because you assume they have a particular personal characteristic or may have it at some time in the future.

6.2 Violence

Violence is behaviour involving physical force intended to hurt, damage, or kill someone or something.

6.3 Abuse

Abuse is the violation of a person’s human rights, through an act or actions of commission or omission, by another person, or persons. People with care and support needs, such as older people or people with disabilities, are more likely to be abused or neglected. They may be seen as an easy target and may be less likely to identify abuse themselves or to report it. People with communication difficulties can be particularly at risk because they may not be able to alert others. Sometimes people may not even be aware that they are being abused, and this is especially likely if they have a cognitive impairment. Abusers may try to prevent access to the person they abuse.

Signs of abuse can often be difficult to detect. Proactive Support staff need to be able to identify abuse and recognise possible indicators and will be supported to do this through training in recognition and prevention. Many types of abuse are also criminal offences and should be treated as such.

Types of abuse may include but are not limited to:

Physical abuse
Domestic violence or abuse
Sexual abuse
Psychological or emotional abuse
Financial or material abuse
Discriminatory abuse
Organisational or institutional abuse
Neglect or acts of omission

6.4 Neglect

Neglect is the failure to provide the necessary care, aid or guidance to dependent adults or children by those responsible for their care.

Neglect can come in many forms, as follows:

Failure to provide or allow access to food, shelter, clothing, heating, stimulation and activity, personal or medical care
Providing care in a way that the person dislikes
Failure to administer medication as prescribed
Refusal of access to visitors
Not taking account of individuals’ cultural, religious or ethnic needs
Not taking account of educational, social and recreational needs
Ignoring or isolating the person
Preventing the person from making their own decisions
Preventing access to glasses, hearing aids, dentures, etc.
Failure to ensure privacy and dignity

6.5 Exploitation

Exploitation is making use of a situation to gain advantage for oneself; for example, financial gain. This could be a very real risk for a participant who is particularly vulnerable as due to their disability they may not be able to communicate easily.

6.6 Bullying

If someone is being bullied because of a personal characteristic protected by equal opportunity law, it is a form of discrimination.

Bullying can take many forms, including jokes, teasing, nicknames, emails, pictures, text messages, social isolation or ignoring people, or unfair work practices.

Under Federal law, this behaviour does not have to be repeated to be discrimination – it may be a one-off event.

Behaviours that may constitute bullying include:

Sarcasm and other forms of demeaning language
Threats, abuse or shouting
Coercion
Isolation
Inappropriate blaming
Ganging up
Constant unconstructive criticism
Deliberately withholding information or equipment that a person needs to do their job or access their entitlements
Unreasonable refusal of requests for leave, training or other workplace benefits.

6.7 Sexual harassment

Sexual harassment is a specific and serious form of harassment. It is unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment can be physical, spoken or written. It can include:

Comments about a person’s private life or the way they look
Sexually suggestive behaviour, such as leering or staring
Brushing up against someone, touching, fondling or hugging
Sexually suggestive comments or jokes
Displaying offensive screen savers, photos, calendars or objects
Repeated unwanted requests to go out
Requests for sex
Sexually explicit posts on social networking sites, emails or text messages
Insults or taunts of a sexual nature
Intrusive questions or statements about a person’s private life
Accessing sexually explicit internet sites
Behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications

Just because someone does not object to inappropriate behaviour in the workplace at the time, it does not mean that they are consenting to the behaviour.

Sexual harassment is covered in the workplace when it happens at work, at work-related events, between people sharing the same workplace, or between colleagues outside of work.

A single incident is enough to constitute sexual harassment – it doesn’t have to be repeated. All incidents of sexual harassment – no matter how large or small or who is involved – require managers to respond quickly and appropriately.

Proactive Support recognises that comments and behaviour that do not offend one person can offend another. This policy requires all staff to respect other people’s limits.

6.8 Victimisation

Victimisation is subjecting or threatening to subject someone to an unfair consequence because they have asserted their rights under equal opportunity law, made a complaint, helped someone else make a complaint, or refused to do something because it would be discrimination, sexual harassment or victimisation.

It is also victimisation to threaten someone (such as a witness) who may be involved in investigating an equal opportunity concern or complaint.

6.9 Gossip

It is not acceptable for staff at Proactive Support to talk with other staff members or participants about any complaint of misconduct.

Breaching the confidentiality of a formal complaint investigation, or inappropriately disclosing personal information obtained in a professional role (for example, as a manager) is a serious breach of this policy.

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7. Prevention of Misconduct

Proactive Support is committed to a creating a healthy workplace where staff can work, and participants can access their required supports and services, without fear of being subjected to mistreatment by the people around them.

This can be achieved by maintaining the right workplace culture, staff training, good communication and having systems in place to identify issues early.

7.1 Workplace Culture and Environment

Proactive Support aims to cultivate an environment which is:

Transparent – issues are raised early and discussed openly
Protected – Participants will not be put in compromising situations where misconduct could occur. e.g. A meeting will always include at least three people
Evidence-based – e.g. Good practice in behaviour intervention and management is promoted and resourced
Trustworthy – e.g. Management is effective; staff are responsive, stable and skilled
Responsive - Continuous learning and professional development to enable staff to respond to the needs of the participants
Supportive – Feedback will be solicited and promoted from both staff and participants

7.2 Staff Training

In order to foster better understanding and raise awareness of obligations, Proactive Support staff will be trained in the following areas:

Cultural competency – to safeguard the cultural needs of clients from Aboriginal and Torres Strait Islander and culturally and linguistically diverse backgrounds in Queensland
Proactive Support Policies and Procedures and other relevant documentation, both internal and external
Recognising signs of abuse, neglect and exploitation and how to respond, support and report

7.3 Communication

Proactive Support will provide tailored advice and support to each of its participants and their advocates, empowering them to:

Make a complaint about the service they receive or any form of inappropriate conduct experienced without fear of retribution
Know their safety and rights are respected and safeguarded
Identify and report incidents of inappropriate conduct and have the right to be provided with supports for the response to those incidents, including advice on the outcome of reporting the incident

7.4 Systems

Proactive Support has established management systems to help prevent the occurrence or recurrence of misconduct:

Identifying inappropriate conduct through the feedback and complaints management system
Timely, adequate and appropriate responses to incidents
Fostering best practice through ongoing systems review (identifying gaps to be remedied)
Individual and environmental risk assessments to inform service provision and protect participants
Human resource management systems and practices which support effective recruitment and selection (including compliance with statutory requirements such as criminal history screening), performance monitoring and development, and performance management

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8. Resolving Issues at Proactive Support

Proactive Support strongly encourages any staff member or participant who suspects, witnesses or experiences discrimination, violent treatment, abuse, neglect, exploitation, bullying, sexual harassment or victimisation to take appropriate action by following the procedure for making a complaint.

The following process will occur:

Allegations and incidents will be acted upon
Each participant or staff member affected will be supported and assisted
Review and investigation of the allegations and incidents will occur
Records will be made of any details and outcomes
Action will be taken to prevent similar occurrences in the future

8.1 Reporting Misconduct

Proactive Support staff are obliged to report and openly disclose any suspected or alleged incidents of misconduct
Protections are afforded any person who makes a public interest disclosure, in accordance with the Public Interest Disclosure Act 2010 (see section 36)
Any suspected or alleged incidents are to be reported in line with the requirements of Proactive Support’s Complaints Procedures. The incident will then be investigated through the incident management system
Proactive Support will promote a culture of no retribution in the case of reporting, including reporting of suspected or alleged misconduct or incidents suggestive of misconduct

8.2 Reporting to the Police

Proactive Support has a key responsibility to its participants to ensure any alleged harm that may involve the commission of a criminal offence is reported to the Queensland Police Service. It is the responsibility of all Proactive Support staff to immediately raise concerns with their manager and/or QPS (in urgent circumstances).

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9. Use of an Advocate

Proactive Support will ensure that each participant is provided with information about the use of an advocate (including an independent advocate) initially in the ‘Welcome Pack’, and where an issue of misconduct is raised. Proactive Support will then facilitate access to that advocate for the participant.

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10. Related Documentation

Proactive Support

007 Feedback and Complaints Management Policy

008 Incident Management Policy

011 Human Resource Management Policy

014 Complaints Procedures

016 Reporting an Incident Procedure

External

Sex Discrimination Act 1984 (Cth)

Racial Discrimination Act 1975 (Cth)

Disability Discrimination Act 1992 (Cth)

Age Discrimination Act 2004 (Cth)

Australian Human Rights Commission Act 1986 (Cth)

Public Interest Disclosure Act 2010

Disability Services Act 2006

Guardianship and Administration Act 2000

Queensland’s Human Rights Act 2019

NDIS Code of Conduct 2019

Critical Incident Policy (DSDSATSIP)

Preventing and Responding to Abuse, Neglect & Exploitation of People with a Disability (DSDSATSIP)

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