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Operational Guidelines for the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with

Disability – Individual Advocacy Support Program

(Version 2.1)

DSS.05.20.2455

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Preface

These Operational Guidelines for Disability Royal Commission individual advocacy

services, funded by the Department of Social Services (DSS), have been developed for

service providers to work in a consistent, coordinated and cooperative way when

providing advocacy supports for people with disability affected by the Royal Commission

into Violence, Abuse, Neglect and Exploitation of People with Disability (the Disability

Royal Commission).

The Operational Guidelines include:

- The purpose of the Disability Royal Commission individual advocacy services

- The role and expectations of advocacy support services providers (providers), and

- Information pertinent to the successful delivery of the advocacy support services.

The Operational Guidelines are a living document. As additional issues arise and policy

clarifications are developed, updates will be made to these Operational Guidelines and

they will be circulated to providers. The department reserves the right to amend these

Operational Guidelines from time to time, by whatever means it may determine in its

absolute discretion and will provide reasonable notice of these amendments.

The Operational Guidelines should be read in conjunction with the:

- Grant agreement

- Activity Work Plans

- Stakeholder Kit, and

- Data Exchange Protocols (for Commonwealth Agencies with program guidance).

Material in this document should not be extracted, reproduced, or replicated without the

prior written consent of the Department of Social Services. Whilst all care is taken in

collating the information contained in the Operational Guidelines, it is not intended to be

an exhaustive source of information. Providers of advocacy support services are

encouraged to consult the Department when further information or clarification is

required.

It is the responsibility of each provider to ensure they are familiar with the content and

requirements of these Operational Guidelines.

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Contents 1. Introduction ................................................................................................................ 4

2. Advocacy Services .................................................................................................... 4

Overview ............................................................................................................. 4

Objectives ........................................................................................................... 5

Target groups ..................................................................................................... 5

3. Eligible organisations and activities ........................................................................... 5

Eligible organisations .......................................................................................... 5

Eligible grant activities ........................................................................................ 6

Eligible costs ....................................................................................................... 6

Ineligible costs .................................................................................................... 7

4. Access to individual disability advocacy support ........................................................ 7

Promotion of services ......................................................................................... 8

Approaches by the media ................................................................................... 8

Specialised Disability Advocacy providers .......................................................... 8

Aboriginal and Torres Strait Islander access ....................................................... 8

Culturally and Linguistically Diverse (CALD) Background access ....................... 9

Providing advocacy support outside the service area.......................................... 9

Rural and remote access .................................................................................... 9

Subcontracting .................................................................................................... 9

Closure of an agency ........................................................................................ 10

Interpreting services.......................................................................................... 10

Confidentiality and Privacy ................................................................................ 10

5. Reporting ................................................................................................................. 10

Reporting requirements .................................................................................... 10

Information technology ...................................................................................... 12

6. Networks and Collaborative Partnerships ................................................................ 12

Building relationships with Royal Commission support services ........................ 13

7. Dealing with conflicts of interest ............................................................................... 14

8. Quality assurance, complaints and serious incidents ............................................... 14

Quality Assurance (QA) System ....................................................................... 15

Complaints ........................................................................................................ 15

Serious incidents .............................................................................................. 15

9. Acknowledgement of support ................................................................................... 16

10. Contact information.................................................................................................. 16

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1. Introduction

On 5 April 2019, the Prime Minister, the Hon Scott Morrison MP, and Minister for Families and Social Services, the Hon Paul Fletcher MP, announced the establishment of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (the Disability Royal Commission).

To support people with disability to engage with the Disability Royal Commission, approximately $102 million over three years (2019-20 to 2021-22) has been allocated for counselling and advocacy support services. This includes:

Individual advocacy support: Additional funding has been provided to selected existing providers to provide additional advocacy services for individuals with disability and their carers engaging with, or affected by the Royal Commission

Indigenous-specific advocacy support: First Peoples Disability Network is working with DSS and Disability Advocacy Network Australia in mapping gaps of Indigenous advocacy support across Australia and providing capacity and education materials to advocacy providers to provide culturally appropriate indigenous advocacy support, and

Systemic advocacy support: DSS is working with peak Disability Representative Organisations (DROs) that are not service providers to provide systemic advocacy support for the Royal Commission, which will include attending community forums and workshops, and supporting member organisations to develop submissions.

Disability Royal Commission individual advocacy providers receive funding under the Disability Services Act 1986 (DSA), available at https://www.legislation.gov.au, as part of the National Disability Advocacy Program. The Australian Government has legislated standards, the National Standards for Disability Services, which define the elements of quality support for people with disability. All disability advocacy providers funded under NDAP, including those funded for Royal Commission supports, must comply with the DSA and the applicable standards, as well as all relevant Commonwealth, State and Territory legislation.

An outline on the supports available for people in relation to the Royal Commission can be found in Section 6.

2. Advocacy Services

Overview

Providers are funded to provide Disability Royal Commission Individual Advocacy Support that:

is delivered from specified locations; and

covers a specified service area – either state-wide or a collection of Australian Bureau of Statistics Statistical Areas (SAs).

Funding under the Disability Royal Commission Individual Advocacy Support program is a grant of financial assistance approved by the Minister or delegate under the DSA. Funding is provided subject to providers:

signing and complying with the streamlined grant agreement, grant schedule and activity work plan, including the supplementary terms and general conditions of the grant of financial assistance – documents available at www.dss.gov.au

complying with the DSA, including undertaking all necessary work to meet and maintain certification against the legislated standards

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meeting all other relevant legislative requirements

meeting all performance requirements

providing advocacy support under the grant agreement free of charge and

complying with these Operational Guidelines.

Disability Royal Commission Individual Advocacy providers must comply with the DSA and all relevant Commonwealth, State and Territory legislation, including the legislated standards. Disability Royal Commission Individual Advocacy Support funding is conditional upon advocacy providers achieving and maintaining certification against the applicable standards.

Objectives The objectives of the Disability Royal Commission Individual Advocacy program is to support people with disability (and their carers) engaging with the Disability Royal Commission. The program builds on existing funding provided for disability advocacy including the National Disability Advocacy program (NDAP).

Target groups

It is a requirement under section 8 of the DSA that the target group for advocacy support consists of people with disability that:

is attributable to an intellectual, psychiatric, sensory or physical impairment, or a combination of such impairments

is permanent or likely to be permanent, and

results in: o a substantially reduced capacity of the person for communication, learning or

mobility, and o the need for ongoing support services.

It is important to note that the above target group, as defined by the DSA, does not restrict eligibility based on age. Providers should not apply an age restriction on eligibility for advocacy support.

3. Eligible organisations and activities

Eligible organisations Providers considered eligible for Disability Royal Commission Individual Advocacy Support advocacy support are:

existing NDAP providers that deliver individual, self and/or family advocacy and

free from significant conflicts of interest (i.e. organisations providing NDIS services are

ineligible except under exceptional circumstances).

Nine NDAP providers have been deemed ineligible under the Royal Commission as they:

don’t provide issues-based individual advocacy (i.e. agencies that only provide citizen

advocacy), or

deliver National Disability Insurance Scheme (NDIS) services such as core supports (i.e.

personal care, accommodation support, therapeutic supports), which may be subject to

investigation by the Royal Commission. The potential conflict of interest is seen as

unacceptable in the context of the Royal Commission.

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Providers must have a current certificate of compliance stating that they meet the National

Standards for Disability Services (NSDS) as required under section 13 of the Disability

Services Act 1986 for National Disability Advocacy Program Providers. Separate audits are

not mandated for the Disability Royal Commission individual advocacy support program, and

it is at the discretion of the provider as to whether Disability Royal Commission clients are

included in audits.

Eligible grant activities

Providers will be required to provide timely Disability Royal Commission Individual advocacy support to people affected in their coverage area.

Disability Royal Commission individual advocacy providers will deliver supports by:

informing people about the Royal Commission, including through outreach

helping people understand the purpose of the Royal Commission

providing advice on issues/risks that may arise while engaging with the Royal Commission (noting legal issues/risks will be referred to appropriate legal advisory services)

helping people work out whether they want to participate in the Royal Commission, and explain the difference between public hearings, private sessions (if such sessions are to occur) and written submissions

helping people who want to participate in the Royal Commission plan the best way to tell their story

helping people communicate with the Royal Commission about required communication supports (e.g. interpreters, accessible interview techniques, recordings)

referring people to other agencies for ongoing counselling and/or psychological support as needed, and

dealing with other related issues faced by people engaging with the Royal Commission e.g. accessing services, finding housing, stopping discrimination or making complaints

assisting other providers in an advisory capacity to provide culturally or disability appropriate advocacy support.

Eligible costs

Program funding is to be used in accordance with the DSA and the grant agreement. The funding may be used for:

staff salaries and on-costs which can be directly attributed to the provision of disability advocacy support in the identified service area or areas as per the grant agreement;

employee training for paid and unpaid staff, Committee and Board members that is relevant, appropriate and in line with the delivery of disability advocacy;

operating and administration expenses directly related to the delivery of advocacy support, such as: o telephones o rent and outgoings o computer / IT / website / software o insurance o utilities o postage o stationery and printing o accounting and auditing

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o travel/accommodation costs, and o assets as defined in the Terms and Conditions, including motor vehicle purchase

or lease. Acquittals for all assets must be in accordance with the Australian Accounting Standards.

Ineligible costs

Program funding may not be used for:

costs that are not directly related to the delivery of disability advocacy support in the identified service area or areas

advocacy support for people outside the target group

disability advocacy support for people outside the service areas identified in the grant agreement or activity work plan (unless in the circumstances outlined in section 4)

overseas travel

activities that will result in a profit

the covering of retrospective costs or costs incurred in the preparation of a proposal or grant application.

major construction and capital works. As a general guide, the department considers major construction or capital works to include, but is not limited to:

constructing a new, additional, or significant part of a building

demolishing a building or significant part of a building and reconstructing the building or relevant part

undertaking significant renovations that substantially change the structure or formation of the building, for example moving the location of the bathroom or kitchen to a different location to alter the layout.

Providers should contact their Funding Arrangement Manager if they are unsure whether an expense is eligible or ineligible.

4. Access to individual disability advocacy support

All people with disability residing in the service area defined in the grant agreement or activity work plan should have equal access to individual disability advocacy support. In providing disability advocacy, providers are expected to meet the diverse needs of their community and ensure all groups can access culturally appropriate support.

Access to support under the Disability Royal Commission individual advocacy program should be based on vulnerability and fundamental need and cannot:

be based on religious or spiritual considerations. Further, people accessing Disability Royal Commission Individual Advocacy Support cannot be required to undertake religious or spiritual education to access support, or

require people to become members of any organisation.

Providers are required to ensure they are accessible during advertised operating hours. Strategies must be in place, within existing resources, to ensure continuity of service provision during times when staff are absent or on leave.

If operational circumstances require a provider to close for short periods of time (less than five business days) providers must provide advice, for example, by updating their telephone answering message and a notice on the door that provides alternative contact details.

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Providers should not be closed for extended periods of time (more than five business days), except during Christmas and New Year. If an provider anticipates it will need to close for more than five business days outside this period, it must notify DSS immediately.

Promotion of services

Providers must make the details of their service publically available on their websites and in their offices, and should raise awareness of their service availability, for example, through networking, social media, and promotional materials.

When promoting services, consider:

awareness: People need to be aware that the service exists

education: People need to understand the service provided and see the value in accessing the service

accessibility: Services should be accessible and welcoming for people with disability

diversity and inclusivity: Be non-discriminatory, be relevant to the local community and reflect its ethnic and cultural values; ensure promotional materials are available in commonly spoken languages in your local community

individuality: Tailor services based on the needs of individual participants

continuity: Provide support and enable a relationship to develop.

It is best practice to consult with the department on developing any communication materials.

Approaches by the media

Public, media or political interest or scrutiny may periodically spike due to:

media coverage of people telling their stories of violence, abuse, neglect and exploitation

disability Royal Commission public hearings and community forums

parliamentary proceedings, including senate estimates hearings and question time.

Providers should not make comments to the media on behalf of the department.

Specialised Disability Advocacy providers

Some providers specialise in providing Disability Royal Commission individual advocacy support to certain cohorts, such as people from an Aboriginal or Torres Strait Islander background, from a culturally and linguistically diverse background, or with a specific type of disability.

This is intended to ensure priority of access to specified populations. Providers providing specialist disability advocacy may provide advocacy support to people who are outside of their specialisation as resources allow. Providers that offer specialist disability advocacy can act in an advisory capacity to assist other providers to provide culturally or disability appropriate advocacy support as part of providing the Disability Royal Commission individual advocacy supports.

Aboriginal and Torres Strait Islander access

All Disability Royal Commission individual advocacy providers have a responsibility to provide disability advocacy support to Aboriginal and Torres Strait Islanders in their service area. Indigenous specific advocacy supports are being developed all providers to deliver targeted and culturally appropriate support for this demographic.

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Selected Disability Royal Commission individual advocacy providers are also being funded to provide targeted Indigenous support to provide specialist support for this cohort.

All providers should respect the choices of the individual and an Indigenous individual should be able to choose whether they approach an Indigenous specialist disability advocacy provider or another provider for advocacy services.

Culturally and Linguistically Diverse (CALD) Background access

All disability individual advocacy providers have a responsibility to provide disability advocacy support to people from CALD backgrounds. DSS provides additional funding for interpreting services to support this. All providers should respect the choices of the individual and a CALD individual should be able to choose whether they approach a CALD specialist disability advocacy provider or another provider for advocacy services.

CALD targets will be outlined in provider’s Activity Work Plans.

Providing advocacy support outside the service area

Providers are funded to provide Disability Royal Commission Individual Advocacy Support within a specified service area. Where a person moves outside an advocacy provider’s service area, a referral to an appropriate provider should be arranged, where possible.

Providers must not provide advocacy support to people with disability outside their service area, as defined in their grant agreement, without gaining prior approval from DSS.

Rural and remote access

It is expected that most providers funded to provide advocacy support in rural and remote areas will have an outlet in the region where advocacy support is provided. However, if it is not feasible to have an outlet, the following alternatives may be considered:

outreach - the common element of all forms of outreach work is to actively approach people who would otherwise be un-served in non-traditional settings with the intention of offering supports related to service provision and/or to establish engagement. Outreach is integral in providing access to services for hard-to-reach groups, and other people who would have difficulty accessing the services, such as people unable to leave their private residence. Any sensitive information, such as a person’s home address or a protected location, such as a refuge, should not be recorded or included in reporting in an outlet’s name or address. Providers can record the outlet as the nearest administrative premises where staff are based.

mobile service - where the agency takes its facilities to people who, for reasons of distance, disability or other, would not otherwise have access.

DSS must be informed of operational arrangements, including the locations of outlets, outreach, and the home base of the mobile services.

Subcontracting

The department considers any parts of the activity which are not directly delivered by the grant recipient, and are instead delivered by a third party pursuant to an agreement between the grant recipient and the third party, to be subcontracting. The provider using the services of a subcontractor must ensure that all services delivered by the subcontractor are in line with the Grant Agreement, these Guidelines and prescribed on the provider’s approved fee schedule.

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In line with the Grant Agreement, the department must provide prior written consent before a provider enters into any subcontracting arrangement, and the department may impose any conditions it considers reasonable and appropriate when giving consent. The department may request a copy of the agreement between the provider and the subcontractor.

Reporting requirements for subcontracted services is the responsibility of the provider that the department has the Grant Agreement with, unless otherwise agreed by the Department.

Closure of an agency

Providers must notify DSS immediately if they become insolvent or are no longer able to provide advocacy support as required under the grant agreement. In this instance, the provider is expected to work with DSS to ensure that people currently receiving advocacy support are referred to another advocacy provider or appropriate agency.

Interpreting services

The Department of Social Services (DSS) will meet the cost of interpreting services used by providers during the delivery of Disability Royal Commission Individual Advocacy Support, and provide services to people from diverse cultural and linguistic backgrounds.

Interpreting services will be available through an arrangement between DSS and the Department of Home Affairs’ Translating and Interpreting Service (TIS National).

Payment of interpreting services for languages other than those provided by TIS National will be considered on a case-by-case basis, and will be dependent on the availability of funds within the budget allocation.

Confidentiality and Privacy

Providers must carefully manage their clients’ information, ensuring that identifiable personal and confidential information about clients is only shared if consent is provided. Providers must comply with the requirements of the Privacy Act 1988 (Cth). Please note, personal information is not be sent outside Australia without the department’s prior written approval. This includes servers that are hosted outside Australia on which personal information is held.

Further detail on how personal and confidential information is to be handled is included in the Commonwealth Standard Grant Conditions.

5. Reporting

Reporting requirements

Data Exchange (DEX) Reporting

Providers must have systems in place to allow them to meet their data collection and reporting obligations outlined in their grant agreement and Activity Work Plan.

Providers must submit reports in line with the grant agreement. DSS will provide sample templates for these reports as appendices in the grant agreement.

The amount of detail providers include in their reports should be relative to the size, complexity and grant amount.

Ad-hoc reports

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On occasion, the department may ask providers for ad-hoc reports. When requesting ad hoc reports, the department will be clear in requesting the information required, and will include:

what is required

why the information is required or the audience for the information

when the information is required.

Final report

When providers complete the grant they must submit a final report.

Final reports must:

identify if and how outcomes have been achieved

include the agreed evidence as specified in the grant agreement

identify the total eligible expenditure incurred, and

be submitted by the due date and in the format provided in the grant agreement.

The grantee will also be responsible for:

meeting the terms and conditions of the grant agreement and managing the grant activity efficiently and effectively

complying with record keeping, reporting and acquittal requirements as set out in the grant agreement, and

participating in a grant program evaluation as specified in the grant agreement.

Disability Services Data Collection

Disability Royal Commission individual advocacy providers must provide information annually to the Disability Services Data Collection conducted by DSS. Information about the Disability Services Census and a Data Guide for disability advocacy agencies is available on the DSS website.

The data collected informs national reporting purposes under the Disability Royal Commission Individual Advocacy Support grant agreement. This information is provided to the Australian Institute of Health and Welfare for collation into the Disability Services National Minimum Data Set. Specific requirements for the Activity Work Plan Under the grant, the Activity Work Plan template will include additional deliverables focusing on the delivery of support to Aboriginal and Torres Strait Islander and CALD people with a disability.

Providers have been allocated a target percentage of CALD clients in their Activity Work Plans that reflect the demographics of the provider’s coverage area in order to ensure that this demographic is serviced appropriately. This is an indicative measure based on CALD data for the general population and DSS is seeking to improve the methodology used to calculate this target. In the interim, providers should report against the included target and provide details on potential reasons it cannot be reached, noting that DSS is not treating this target as a Key Performance Indicator until a more suitable target is identified.

Performance information

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Performance information (e.g. client characteristics and service delivery information) will be required to be collected by grantees at the client level and entered directly into the department’s performance reporting solution, the Data Exchange.

The performance information reported through the Data Exchange includes:

client identity characteristics (given and family names, date of birth, gender and

residential address);

client demographic characteristics (Indigenous status, cultural and linguistic diversity,

and disability status, impairment or condition);

service delivery information (outlets, cases, sessions); and

client outcomes.

The Data Exchange has two standardised six monthly performance reporting periods each year, which run from 1 July to 31 December and 1 January to 30 June, with a 30-day close off period after each of these. Once the close-off period is completed, no further changes can be made to the data.

Information must be provided in accordance with the Data Exchange Protocols available on the Data Exchange website.

Partnership approach

For this activity, participation in the “partnership approach” is a requirement of funding. By participating, you agree to provide some additional information in exchange for the receipt of regular and relevant reports. The main focus of the partnership approach is collecting information about the outcomes achieved by clients as a result of service delivery. The partnership approach also includes some extended data items that provide additional information about client demographics, needs and circumstances.

Training Resources

Fact sheets, task cards, webinars and e-learning modules that will help providers perform different functions on the Data Exchange can be found here - https://dex.dss.gov.au/training.

Information technology

Funding recipients are to ensure they have suitable information technology systems in place to allow them to meet their data collection and reporting obligations.

Details of DEX IT Access requirements are now available.

6. Networks and Collaborative Partnerships

Building networks and collaborative partnerships will be crucial to achieving the outcomes of Royal Commission support services and will assist with:

- collaboration between services to achieve the best outcome for clients

- educating the community about the services available to them

- making more effective linkages to provide innovative solutions

- exchanging ideas and knowledge

- developing effective and efficient referral pathways

- networking with existing agencies (or building new networks) to identify issues and

address gaps and barriers in local service delivery

- raising public awareness that some people face more difficulties or challenges than

others

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- exchanging ideas and sharing knowledge with other organisations to develop

improved trauma-informed practice.

Providers are expected, as part of their work, to develop and/or improve connections with relevant services.

Building relationships with Royal Commission support services

Building and maintaining relationships between all services established for the Royal Commission will be crucial to successfully providing services. Table 1: Royal Commission support services

Funded by the Department of Social Services

Counselling supports

National Counselling and Referral Service

Provides free, trauma-informed counselling and referrals over the telephone for people affected by the Royal Commission, delivered by Blue Knot Foundation.

Counselling support services

Provides free, trauma-informed, medium-term counselling to people affected by the Royal Commission, primarily face-to-face.

Individual advocacy support

Advocates can help a person with disability understand how to tell their story to the Royal Commission, work out problems or avoid discriminatory issues, find communication supports such as interpreters, and access supports such as legal or financial services.

Indigenous-specific advocacy support

First Peoples Disability Network will provide indigenous-specific advocacy through mapping gaps of Indigenous advocacy support across Australia and building capacity and providing education materials to advocacy providers to provide culturally appropriate Indigenous advocacy support.

Disability Representative Organisations (DROs) Royal Commission support

Systemic advocacy, which seeks to remove barriers and address discrimination to ensure the rights of people with disability, will be provided to DROs that are not service providers to provide systemic advocacy support for the Royal Commission to:

- Develop submissions and prepare case studies for the Royal Commission

- Support members, both organisational and individual, to understand and engage with the Royal Commission, including through hosting workshops and forums to reach vulnerable individuals and groups

- Engage with hard-to-reach individuals and groups such as Aboriginal and Torres Strait Islander people with disability and people with disability from culturally and linguistically diverse backgrounds

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Managed by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

The Royal Commission will provide counselling supports for people who have been asked to appear at public hearings, private sessions or community forums.

Funded by the Australian Government, National Legal Aid (NLA), and the National Aboriginal and Torres Strait Islander Legal Services (NATSILS)

Disability Royal Commission Legal Service

The Disability Royal Commission Legal Service will help people to understand their legal rights and options about how to engage with the Royal Commission, review draft submissions, and refer individuals to legal practitioners, advocates, counselling and support services.

Funded by the Attorney-General’s Department

Legal financial assistance scheme

The Attorney-General's Department is funding legal financial assistance to individuals and entities to assist with meeting the costs of legal representation and disbursements associated with engaging with the Royal Commission.

More information on the supports for people affected by the Royal Commission can be found at www.dss.gov.au The Royal Commission and the National Counselling and Referral Service are two key sources for referrals to the counselling support services.

Royal Commission Providers are able to engage with the Royal Commission without the department being present. Engaging with the Royal Commission will assist with maintaining an effective and efficient referral process, and also provide an opportunity to exchange ideas and knowledge that may influence the delivery of the support services, including working together to ensure the best outcome for a client.

7. Dealing with conflicts of interest

In line with the Commonwealth Standard Grant Conditions, providers must notify their Funding Arrangement Manager of any conflict of interest, whether actual, perceived or potential.

Providers must also notify of any material change to a previously disclosed conflict of interest.

When declaring a conflict of interest, providers should include relevant information surrounding the circumstances of the conflict of interest, and how they will manage the conflict of interest.

Providers must immediately notify their Funding Arrangement Manager if their organisation, or one of their staff, becomes the focus of the Royal Commission.

8. Quality assurance, complaints and serious incidents

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Quality Assurance (QA) System

As per the Grant Agreement, all organisations funded for Disability Royal Commission Individual Advocacy Support are required to be independently audited and certified as complying with the National Standards for Disability Services (the Standards).

Information on the QA system for providers is available on the DSS website.

Complaints

Complaints are to be treated professionally and in a positive, timely and fair way. In the first instance, complaints (from clients or others) should be directed with the provider. Clients must be made aware of the avenues available to them to make a complaint, for example, in person, in writing, over the phone, and via email.

Providers should maintain a formal register of complaints received, including the nature of the complaint and actions taken to resolve the client’s issues and concerns, and how it was resolved, including whether it was referred to another authority. Providers must provide the register to department, if requested.

Providers should handle most complaints in the first instance; however, particular complaints will require an external referral. These may be complaints of a serious or sensitive nature that cannot be handled by the provider, or where a satisfactory resolution is not reached through the organisation’s internal complaints system. For example, allegations of assault or abuse and neglect should be referred to police.

Providers must immediately notify their Funding Arrangement Manager about serious complaints, that is, those related to serious harm or misconduct, or serious injury to a client, and keep their Funding Arrangement Manager informed of developments.

Serious incidents

Providers must comply with Commonwealth, state and territory laws if there is a serious incident in relation to providing the advocacy support services. A serious incident is an event that disrupts service provision or threatens the safety of people or property.

Serious incidents include:

- incidents involving fraud

- incidents of alleged physical or sexual assault of a client committed by an employee

- incidents of alleged physical or sexual assault of a client committed by another client

while in the care of the provider

- culpable neglect

- serious unexplained injury

- death of a client (irrespective of cause)

- unauthorised use of restrictive practices (seclusion, chemical restraint, mechanical

restraint, physical restraint, environmental restraint).

Disability advocacy agencies providers should have processes in place for the management of complaints in a positive, timely and fair way. Initially, complaints (from consumers or others) should be raised directly with the disability advocacy agency.

Although most complaints should be handled by the disability advocacy agency provider in the first instance, particular complaints will require an external referral, such as complaints of a serious or sensitive nature that cannot be handled by the disability advocacy agency.

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These may include allegations of assault or abuse and neglect which should be referred to police.

If a satisfactory resolution is not reached through the provider’s internal complaints system, or if the complainant prefers to raise the matter with an independent organisation, the complaint can be referred to the Complaints Resolution and Referral Service (CRRS). The CRRS is an independent service, funded by the Australian Government that manages complaints about service providers funded under the DSA, including disability advocacy agencies. CRRS can be contacted on 1800 880 052 and further information can be found on the CRRS website

9. Acknowledgement of support

The following wording is to be used to acknowledge the financial support of DSS in all Royal Commission related material published by disability advocacy agencies:

Funded by the Australian Government Department of Social Services.

In circumstances where funding is also received from other sources for advocacy, the words ‘part funded’ must be used.

10. Contact information

Inquiries related to Disability Royal Commission Individual Advocacy Support or the Commonwealth role in disability advocacy can be directed to disabilityadvocacy@DSS.gov.au or via post to Advocacy and Access Section, Disability and Carers Group, Department of Social Services, PO Box 7576, Canberra Business Centre, ACT, 2610