Disability Services Amendment Regulations 2015 (WA)
!2015109GG!
WESTERN 2915 AUSTRALIAN GOVERNMENT
ISSN 1448-949X (print) ISSN 2204-4264 (online)
| PRINT POST APPROVED PP665002/00041 |
PERTH, FRIDAY, 17 JULY 2015 No. 109 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.30 PM
© STATE OF WESTERN AUSTRALIA
Disability Services Act 1993
Disability Services Amendment
Regulations 2015
Made by the Governor in Executive Council.
1. Citation
These regulations are the Disability Services Amendment
Regulations 2015.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.
3. Regulations amended
These regulations amend the Disability Services
Regulations 2004.
4. Part 3 inserted
After Part 2 insert:
Part 3 — Complaints
41. Return of complaints received (s. 48A)
(1) For the purposes of section 48A of the Act, the
prescribed time after 30 June each year within which a
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prescribed class of service providers must give to the Director a return concerning complaints received and action taken by that service provider during the year is
31 days.
(2) For the purposes of section 48A of the Act, the
prescribed service providers required to give the
Director a return concerning complaints received and
action taken are the people who manage or the chief
executives of the disability service provider agencies
listed in Schedule 4 Division 1.(3) For the purposes of section 48A(2) of the Act, the form
set out in Schedule 4 Division 2 is prescribed as the
form of the return given under subregulation (2).
5. Schedule 4 inserted
After Schedule 3 insert:
Schedule 4 — Prescribed service providers and
complaint returns
[r. 41(2) and (3)]
Division 1 — Service providers
Disability Service Provider
(Legal entity names)
Activ Foundation Incorporated
Seventh-day Adventist Aged Care (Western Australia)
Limited
Autism Association of Western Australia Inc
Baptistcare Incorporated
Community Living Association Inc.
17 July 2015 GOVERNMENT GAZETTE, WA 2917 Disability Services Amendment Regulations 2015 r. 5
Disability Services Commission
Empowering People In Communities (EPIC) Inc.
Enable Southwest Inc.
Identitywa
Australian Red Cross Society (t/as Lady Lawley Cottage)
Lifestyle Solutions (Aust) Ltd (Western Operations)
Mosaic Community Care Inc.
My Place Foundation Inc.
Nulsen Haven Association (Inc.)
Perth Home Care Services Inc.
Rocky Bay Incorporated
Senses Australia
The Cerebral Palsy Association Of Western Australia Ltd
Therapy Focus IncorporatedUnitingCare West
Division 2 — Form of complaint return
I. Profile of the person making the complaint
The information entered into this part of the complaint report provides useful descriptors to support service providers to interpret data entered in the following sections of this report. Service providers are encouraged to complete all fields in this section recognising the value this provides to individuals with a disability, services and the disability sector. This information may facilitate effective analysis and identification of opportunities for improvement across the sector.
Question 1 is optional and your responses will not be submitted to HaDSCO
1. a. Complaint reference number (your
unique ID for this complaint) ........................................................
b. What member of staff has the
complaint been assigned to? ........................................................
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2. a. What is the name of the person
who made this complaint? ........................................................
b. What is the address of the person 1. Address Line 1:
who made this complaint?
.................................................. 2. Address Line 2:
.................................................. 4. State/Territory:........................
3. Suburb: ....................................
c. What is the postcode of the person ........................
who made this complaint? (Numbers only, WA postcode)
d. What is the phone number of the Area code .... Phone number ..............
person who made this complaint? (Numbers only)
e. What is the email address of the
person who made this complaint? ........................................................
3. Who made the complaint? [Please select all that apply]
1 Anonymous 2
Person receiving a disability service (if this option is selected, skip question 5 and proceed to question 6)
3 Parent/guardian
4 Other family member (e.g. sibling, spouse, child, grandparent) 5 Carer
6 Advocate
7 Friend, neighbour, member of the public 8 Staff member of your service 9. Other [Please specify] __________________________
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II. Profile of the person(s) receiving disability services
Question 4 is optional and will not be submitted to HaDSCO
4. Please indicate if this complaint concerns:
1 An individual receiving service 2
More than one person receiving disability service or a group [Please specify how many people the complaint concerns] ....... (Numbers only)
3
Neither an individual nor group (e.g. it was a general matter) [Go to Question 12]
Question 5 is optional and will not be submitted to HaDSCO, apart from Question 5c
(postcode)
5. a. What is the name of the person receiving a disability service who
is the subject of the complaint? ........................................................
b. What is the address of the person 1. Address Line 1:
receiving a disability service?
.................................................. 2. Address Line 2:
.................................................. 4. State/Territory:.......................
3. Suburb: ....................................
c. What is the postcode of the person ........................
receiving a disability service? (Numbers only, WA postcode)
d. What is the phone number of the
person receiving a disability Area code .... Phone number ............. service? (Numbers only)
e. What is the email of the person
receiving a disability service? ........................................................
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6. Please record any notes here about the person(s) receiving a disability service. ____________________________________________________________ ____________________________________________________________ ____________________________________________________________
7. Does the person receiving a disability service identify as Aboriginal or Torres Strait Islander?
1 Yes 2 No
3 Unsure
8. Is the person receiving a disability service from a culturally and linguistically diverse background?
1 Yes [Please specify the background] ______________________ 2 No
3 Unsure
9. What is the age of the person receiving a disability service?
1 Less than 5 years old 8 46 - 55 years
2 5 - 10 years 9 56 - 65 years 3 11 - 15 years 10 66 - 75 years 4 16 - 18 years 11 76 - 90 years 5 19 - 25 years 12 Over 90 years old
6 26 - 35 years 13 Unknown
7 36 - 45 years
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10. 1 Female
What is the gender of the person receiving a disability service? 3 Transgender
4 Unknown
11. Please identify the main disability/disabilities of the person receiving a disability service. [Please select all that apply]
1 Not sure 8 Deafblind (dual sensory)
2 Intellectual (including Down 9 Vision
syndrome) 10 Hearing 3 Specific learning/Attention
Deficit Disorder (other than 11 Speech Intellectual) 12 Psychiatric 4
Autism (including Asperger’s 13 Developmental delay syndrome and Pervasive
Developmental Delay) 14 Other disability [Please specify]
________________________
5 Physical
6 Acquired brain injury
7 Neurological (including epilepsy
and Alzheimer’s disease)III. Profile of the complaint
Please complete all of the questions in this section for each complaint received by your service. To provide details of other complaints, click the ‘Save and Close
Form’ button at the end of this form and either create a new complaint record or
update an existing record.
Note: Complaints that are not closed at the end of a reporting period (30 June) will be automatically rolled over into the next reporting period.
12. When was the complaint received by ........................... (dd/mm/yyyy) your service?
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13. When did your service acknowledge 1 ............................. (dd/mm/yyyy)
the complaint?
2 We have not acknowledged the complaint (yet)
14. Please list the postcode(s) where the 1 ........ (Numbers only, WA postcode) service was provided. (If more than 2 ........ (Numbers only, WA postcode) one location, please list the postcodes of all locations) 3 ........ (Numbers only, WA postcode)
4 ........ (Numbers only, WA postcode)5 ........ (Numbers only, WA postcode) Question 15 is optional and will not be submitted to HaDSCO
15. ____________________________________________________________
____________________________________________________________
____________________________________________________________Please record your case notes for this complaint here ____________________________________________________________
____________________________________________________________
16. How is the service funded? [Please select all that apply]
1 Disability Services Commission (DSC) 2 DSC - NDIS/My Way trial sites (My Way) 3 NDIA - NDIS trial sites (NDIA) 4 Home and Community Care (HACC) program (Disability) 5 Home and Community Care (HACC) program (Non-disability)* 6 Other local, state or federal government [Please specify] _________* 7 Other non-governmental funding source [Please specify] _________* * Note: Only complaints that are fully or partially funded by 1 (DSC), 2 (My Way), 3
(NDIA) or 4 (HACC) program (Disability) will be included in your report to
HaDSCO.
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17. Which service(s) was the complaint about? (See Definitions) [Please select all that apply]
Accommodation 1 Large residential/institution (>20 places) - 24-hour
support care [NMDS code: 1.01] 2 Small residential/institution (7-20 places) - 24-hour care [NMDS code: 1.02]
3 Hostels - generally not 24-hour care [NMDS code: 1.03]
4 Group homes (usually <7 places) [NMDS code: 1.04]
5 Attendant care/personal care [NMDS code: 1.05]
6 In-home accommodation support [NMDS
code: 1.06]7 Alternative family placement [NMDS code: 1.07]
8 Other accommodation support [NMDS code: 1.08] [Please specify] ________________
Community 9 Therapy support for individuals [NMDS code: 2.01]
support 10 Early childhood intervention [NMDS code: 2.02] 11 Behaviour/specialist intervention [NMDS
code: 2.03]
12 Counselling (individual/family/group) [NMDS
code: 2.04]
13 Regional resource and support teams [NMDS
code: 2.05]
14 Case management, local coordination and
development [NMDS code: 2.06] 15 Other community support [NMDS code: 2.07][Please specify] ________________
Community 16 Learning and life skills development [NMDS code: access 3.01] 17 Recreation/holiday programs [NMDS code: 3.02]
18 Other community access [NMDS code: 3.03] [Please
specify] ________________
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Respite 19 Own home respite [NMDS code: 4.01] 20 Centre-based respite/respite homes [NMDS
code: 4.02]
21 Host family respite/peer support respite [NMDS
code: 4.03]
22 Flexible respite [NMDS code: 4.04]
23 Other respite [NMDS code: 4.05] [Please
specify] _________________
Employment 24 Open employment [NMDS code: 5.01]
25 Supported employment [NMDS code: 5.02]26 Other employment [Please specify] ________ Advocacy, 27 Advocacy [NMDS code: 6.01] information and alternative 28 Information/referral [NMDS code: 6.02] forms of 29 Combined information/advocacy [NMDS communication code: 6.03] 30 Mutual support/self-help groups [NMDS
code: 6.04]
31 Alternative formats of communication [NMDS
code: 6.05]
32 Other advocacy, information and alternative forms
of communication [Please specify] ______________
Other support 33 Research and evaluation [NMDS code: 7.01] 34 Training and development [NMDS code: 7.02]
35 Peak bodies [NMDS code: 7.03]
36 Other support services [NMDS code: 7.04] [Please
specify] ________________
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Unsure 37 Other 38 Other non-disability service [Please specify] non-disability ________________* services
* Note: Complaints in this category will not be included in your report to HaDSCO.
18. Which national disability standard(s) relate to this complaint? [Please select all that apply]
1 Rights
2 Participation and inclusion 3 Individual outcomes 4 Feedback and complaints 5 Service access 6 Service management 7 Don’t know 19. Which of the following issue categories best describe the reason(s) for the complaint, as reported by the person who made a complaint? [Please select all that apply]
Staff related 1 Knowledge/skills of workers issues 2 Staff behaviour/attitude (e.g. inappropriate, impolite, rude, lacked empathy, did not treat person with dignity) 3 Concerns around discrimination, abuse, neglect, intimidation, assault, bullying or breach of duty of care
4 Poor match between person and workers preferences)
5 High turnover of workers, staff rostering or staff attendance
6 Other staff related issue [Please specify] __________
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Service delivery, 7 Concerns a round physical and personal health and management and safety (including physical environment) quality
8
Concerns around compatibility of people who share services
9
Concerns around changes to the environment of a person receiving a disability service
10 Concerns about lack of choice of service/activities
11 Concerns about restrictive practices
12 Dissatisfied with quality of services provided
13 Insufficient service/care provided
14 Concerns that the provider does not encourage
people to develop or maintain skills
15 Concerns that the provider does not encourage
people to be involved in the community
16 Other service delivery, management and quality
issue [Please specify] ________________
Communication/ 17 Insufficient communication by service provider relationships 18 Poor quality communication 19 Lack of consultation or involvement in decision
making processes
20 Other communication/relationship issue [Please
specify] ________________
Services access, 21 Wait time to access services access priority and 22 Cost of service compatibility 23 Funding issues 24 No service available within a reasonable distance 25 Request for service refused as not assessed as
having a disability
26 Request for service refused as not compatible with
level/type of person’s disability
27 Request for service refused as not compatible/poor
relationship with other people sharing the service
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28 Transport issue(s)
29 Other service access, access priority and
compatibility issue [Please specify]
________________
Policy/ 30 Concerns about policies/procedures procedure 31 Privacy/breach of confidentiality 32 Concerns about the way a complaint was handled 33 Other policy/procedure issues [Please specify]
________________
Carers Charter 34 Failure to consider needs of carer 35 Failure to consult carer
36 Failure to treat carer with respect and dignity 37 Unsatisfactory complaint handling 38 Other Carers Charter issues [Please specify]
________________
Other issue type 39 [Please specify] ________________ Unsure 40 20. How serious were the reasons for the complaint? (See the risk matrix in the ‘What is a Complaint?’ document to assist you to answer this question)
1 Serious [Comments] _______________________________________ 2 Less serious [Comments] ___________________________________ 21. What was the main outcome(s) sought by the person who made the complaint? [Please select all that apply]
Acknowledgment 8 Change or review of decision
1 Acknowledgment of person’s 9 A change in policies or procedures
views or issues (e.g. the 10 Performance management, person felt listened to, valued, disciplinary action, feedback or respected) training provided for worker(s) at your service
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Answers 11 Re-imbursement/reduction of fees/waiver/compensation
2 An explanation or information
about services provided 12 Review/improve/implement person’s plan
Apology
13 Change existing support
3 An apology from your service arrangements
Action 14 More choices/options provided to
4 Change or appointment of a person
worker/case manager/ 15 Other outcome [Please specify] coordinator _______________
5 Access to an appropriate
service6 Change or improvement to
communication7 Relocation/transfer to another
internal or external serviceIV. Status of the complaint
This section records details about any action(s) taken to resolve the complaint and the current status of the complaint. The information in this section can be amended over time as additional actions are taken to resolve the complaint and/or its status changes.
22. Has the complaint been finalised/closed?
1 Yes [Go to Question 24] 2 No - the complaint has not been closed yet
23. What is the current status of the complaint? (You do not need to answer any of the remaining questions until the complaint is closed)
1 No action taken (yet) 2 We are currently reviewing 3
We are in negotiation or discussion with the person who made the complaint [Go to Question 25]
4 Being dealt with by another agency [Please specify] _____________ 5 Other actions [Please specify] _____________
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24. On what date was the complaint finalised/closed?
1 ................... (dd/mm/yyyy) 25. At what level within your service has the complaint been handled? [Please select all that apply]
1 Service outlet level/direct service level 2 Consumer liaison/complaints officer (or equivalent) 3 Management level 4 Executive level 5 Other [Please specify] __________________ 26. What was the outcome(s) for the person receiving the disability service and the person who made the complaint? [Please select all that apply]
1 No outcome (yet) 8 Relocation/transfer to another
internal or external serviceAcknowledgment
9 Change or review of decision
2 Acknowledgment of person’s
views or issues (e.g. the 10 A change in policies or procedures person felt listened to, valued, 11 Performance management,
respected) disciplinary action, feedback or Answers training provided for worker(s) at
your service3 An explanation or information
about services provided 12 Re-imbursement/reduction of fees/waiver/compensation
Apology
13 Review/improve/implement
4 An apology from your service person’s plan
Action 14 Change existing support
5 Change or appointment of a arrangements
worker/case manager/ 15 More choices/options provided to coordinator person
6 Access to an appropriate 16 The person who made a complaint
service was offered avenues of external
7 Change or improvement to appeal or review
communication 17 Other outcome [Please specify]
_________________________
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27. i. Were system or organisational changes made by your service, or plan to be made by your service, as a result of this complaint? 1 Yes, changes have been made or are planned
2 No [Go to Question 28]
ii. What was the nature of these changes? [Please select all that apply] [Online survey to display follow up question for selected categories only]
a. Policies or procedures 1 Have changed as a result of the complaint 2 Plan to change as a result of the complaint
b. The way that services are 1 Have changed as a result of the
delivered complaint 2 Plan to change as a result of the complaint
c. The type of services that 1 Have changed as a result of the
are provided complaint 2 Plan to change as a result of the complaint
d. Staff training or 1 Have changed as a result of the
development complaint 2 Plan to change as a result of the complaint
e. Communication with 1 Have changed as a result of the
people with disability or complaint
other stakeholders
2
Plan to change as a result of the complaint
f. Other system or 1 Have changed as a result of the
organisational change(s) complaint
[Please specify] _________
2
Plan to change as a result of the complaint
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28. What are the key lessons learnt from this complained that could be applied to, useful for, or of interest to the sector? ________________________________________________________ ________________________________________________________ ________________________________________________________
________________________________________________________
29. To what extent do you agree or disagree with the following statements about this complaint.
Neither
Strongly agree nor Strongly Don’t
agree Agree disagree Disagree disagree know
1 2 3 4 5 6
a. The complaint was
straightforward to resolve
1 2 3 4 5 6
b. Our service managed the
complaint well
1 2 3 4 5 6
c. complaint was satisfied
The person who made the was managed
1 2 3 4 5 6
d. complaint was satisfied
The person who made the complaint
Only respond to question 30 if all outcomes sought were not achieved (question 26).
30. Why did your service not achieve all of the outcomes that were desired by the person who made the complaint? [Please select all that apply]
1 Complaint was made anonymously 2 Part of the complaint was unrelated to services provided by our agency 3 Complaint was withdrawn
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4 The person who made the complaint did not have the authority to make a complaint on behalf of the person receiving a disability service
5 Difference of opinion between parties
6 Complaint was vexatious
7 The issues raised were about the provider, but were not within the provider’s control or influence to address [Please specify] _____________
8 Other [Please specify] _____________
31. If you have any other comments about the complaint please record them here ____________________________________________________________ ____________________________________________________________
____________________________________________________________
N. HAGLEY, Clerk of the Executive Council.
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