EXPLANATORY STATEMENT
Disability Services (Eligibility – Wage Phase‑in Services and Targeted Support Services) Standards 2004
Summary
This instrument is made under section 5A of the Disability Services Act 1986 (the DSA).
The purpose of this instrument is to set out the standards to be observed in the provision of wage phase‑in services and targeted support services to people with a disability.
This instrument commences on the date of notification in the Gazette.
Background
The Disability Services (Eligible Services) Approval 2004 approves two additional classes of services – wage phase‑in services and targeted support services.
Section 8 of the Disability Services (Administration of Part II of the Act) Guidelines 2002 provides that, where the Minister approves an additional class of service, the Minister must consider what standards are appropriate for that class of service. If the existing eligibility standards are not appropriate then the Minister is to determine, pursuant to paragraph 5A(1)(a) of the DSA, standards that are appropriate.
The standards for wage phase‑in services are identical to the Disability Services (Disability Employment and Rehabilitation Program) Standards 2002 (the employment standards) apart from a variation to Standard 9 relating to employment conditions. The broad principle of Standard 9 of the employment standards ensures that each person with a disability enjoys working conditions comparable to those of the general workforce, and this will be preserved in relation to the new Standard 9 for wage phase‑in services. However, in broad terms, Standard 9 of the employment standards requires the payment of pro rata wages based on an award, order or industrial agreement. The variation to Standard 9 for wage phase‑in services will allow the relevant services more time to phase in pro rata wages.
For the wage phase‑in services, Standard 9.1 will require the service to pay each employee with a disability an agreed wage determined by a transparent wage assessment tool or process. The wage phase-in service must also have in place a plan, which is to reflect a commitment to progress towards paying pro rata wages based on an award, order or industrial agreement, within a timeframe agreed with the Department (no longer than four years after the instruments commence). This Standard recognises that some supported employment services need more time to achieve viability and meet Standard 9 of the employment standards, which employment services are required to satisfy.
In respect of targeted support services, the standards that have been determined to be appropriate are similar in most respects to the standards contained in the employment standards. The major difference is that Standard 9 of the employment standards will not apply to targeted support services as their focus will be on community participation, vocational support and training.
A further distinction is that the standards for targeted support services allow service providers to have consideration of ‘community participation’ factors when providing services to persons with a disability. For example, a service provider would be able to meet one aspect of Standard 6 if the service promotes opportunities for community participation so that recipients can fulfil valued roles in the community. This approach provides an alternative to the promotion of employment opportunities, which should be available where appropriate. Having the standard expressed in this way allows service providers to consider (in consultation with the individual – see Standard 3) what is the appropriate path to follow in individual cases and ensures providers have flexibility in meeting the standards.
Explanation of the Provisions
Name of Standards
Section 1 states the name of the Standards.
Commencement
Section 2 states that the Standards commence on the date of notification in the Gazette.
Definitions
Section 3 defines certain terms. Reference is made to the two new classes of eligible services approved under the Disability Services (Eligible Services) Approval 2004 – ‘wage phase‑in services’ and ‘targeted support services’.
Application
Section 4 deals with the application of the standards in respect of the new classes of services. The standards set out in Schedule 1 apply to wage phase‑in services while the standards set out in Schedule 2 apply to targeted support services. Subsection 4(2) makes it clear that other standards made pursuant to paragraph 5A(1)(a) do not apply to these classes of services.
Standards
Subsection 5(1) states that the standards set out in Schedule 1 to this instrument are the standards that are to be observed in the provision of wage phase‑in services.
Subsection 5(2) states that the standards set out in Schedule 2 to this instrument are the standards that are to be observed in the provision of targeted support services.
Standards cease to have effect
Section 6 provides that the Standards cease to have effect four years after the instruments commence.
Explanation of the items in Schedule 1
Schedule 1 – Eligibility standards – wage phase‑in services
This Schedule contains 12 eligibility standards that are to be observed in the provision of wage phase‑in services.
Standard 1:Service access
In broad terms, Standard 1 requires a service provider to ensure that each person with a disability who is seeking a service has access to a service on the basis of relative need and available resources. As with each of the standards set out in the instrument, Standard 1 expressly includes certain matters that are critical to demonstrating that the objective is being achieved. For example, Standard 1 includes a reference to the need for the service provider to adopt non‑discriminatory practices in relation to matters like their entry and exit procedures.
Standard 2: Individual needs
Standard 2 requires a service provider to ensure that each person with a disability receives a service that is tailored to his/her individual needs and personal goals. As with each of the standards set out in the instrument, Standard 2 expressly includes certain matters that are critical to demonstrating that the objective is being achieved.
Standard 3: Decision making and choice
Standard 3 basically requires a service provider to ensure that each person with a disability has the opportunity to make decisions and choices. As with each of the standards set out in the instrument, Standard 3 expressly includes certain matters that are critical to demonstrating that the objective is being achieved. For example, it should be apparent that consumers have the opportunity for meaningful and effective participation in decisions and choices that are relevant to them.
Standard 4: Privacy, dignity and confidentiality
In general terms, Standard 4 requires a service provider to ensure that each individual within the service has the same level of privacy, dignity and confidentiality as expected by the rest of the community. As with each of the standards set out in the instrument, Standard 4 expressly includes certain matters that are critical to demonstrating that the objective is being achieved.
Standard 5: Participation and integration
Standard 5 essentially requires a service provider to ensure that each individual within that service is supported and encouraged to be involved in the community. As with each of the standards set out in the instrument, Standard 5 expressly includes certain matters that are critical to demonstrating that the objective is being achieved.
Standard 6: Valued status
Standard 6 broadly requires a service provider to deliver services in a way that provides people with a disability the opportunity to live and work in ways that are valued by the community. As with each of the standards set out in the instrument, Standard 6 expressly includes certain matters that are critical to demonstrating that the objective is being achieved.
Standard 7: Complaints and disputes
Standard 7 requires a service provider to ensure that each individual within that service has access to fair procedures for dealing with complaints and disputes. As with each of the standards set out in the instrument, Standard 7 expressly includes certain matters that are critical to demonstrating that the objective is being achieved. For example, a service provider should be able to show that the service’s procedures and processes facilitate accessible and effective complaint resolution.
Standard 8: Service management
Standard 8 requires effective and efficient operation of a service. As with each of the standards set out in the instrument, Standard 8 expressly includes those matters that are critical to demonstrating that the objective is being achieved.
Standard 9: Employment conditions
Standard 9 requires a service provider who is providing wage phase‑in services to ensure that each person with a disability enjoys working conditions comparable with those enjoyed by the general Australian workforce. As with each of the standards set out in the instrument, Standard 9 expressly includes certain matters that are critical to demonstrating that the objective is being achieved. For example, all employees with a disability should be receiving a wage that has been determined by a transparent wage assessment tool or process. The service must also ensure that when people with a disability are placed in employment their conditions of employment are consistent with general workplace norms.
Standard 10: Service recipient training and support
Standard 10 requires a service provider to ensure that each individual within that service has access to relevant training and support. As with each of the standards set out in the instrument, Standard 10 expressly includes certain matters that are critical to demonstrating that the objective is being achieved.
Standard 11: Staff recruitment, employment and training
Standard 11 basically requires that all staff members employed to provide services for people with disabilities have the appropriate skills and competencies. As with each of the standards set out in the instrument, Standard 11 expressly includes certain matters that are critical to demonstrating that the objective is being achieved. For example, all employed staff members should have skills and competencies appropriate to their position.
Standard 12: Protection of human rights and freedom from abuse.
Standard 12 requires a service provider to actively prevent neglect and abuse and uphold the legal and human rights of every individual within that service. As with each of the standards set out in the instrument, Standard 12 expressly includes certain matters that are critical to demonstrating that the objective is being achieved. For example, a service provider should be able to show that all practical and appropriate steps have been taken to prevent abuse and neglect of individuals within that service.
Explanation of the items in Schedule 2
Schedule 2 – Eligibility standards – targeted support services
This Schedule contains 11 eligibility standards that are to be observed in the provision of phase-in services.
Standard 1: Service access
In broad terms, Standard 1 requires a service provider to ensure that each person with a disability who is seeking a service has access to a service on the basis of relative need and available resources. As with each of the standards set out in the instrument, Standard 1 expressly includes certain matters that are critical to demonstrating that the objective is being achieved. For example, Standard 1 includes a reference to the need for the service provider to adopt non‑discriminatory practices in relation to matters like their entry and exit procedures.
Standard 2: Individual needs
Standard 2 requires a service provider to ensure that each person with a disability receives a service that is tailored to his/her individual needs and personal goals. As with each of the standards set out in the instrument, Standard 2 expressly includes certain matters that are critical to demonstrating that the objective is being achieved.
Standard 3: Decision making and choice
Standard 3 requires a service provider to ensure that each person with a disability has the opportunity to make decisions and choices. As with each of the standards set out in the instrument, Standard 3 expressly includes certain matters that are critical to demonstrating that the objective is being achieved. For example, it should be evident that the service provider is allowing consumers the opportunity for meaningful and effective participation in decisions and choices that are relevant to them.
Standard 4: Privacy, dignity and confidentiality
In general terms, Standard 4 requires a service provider to ensure that each individual within the service has the same level of privacy, dignity and confidentiality as expected by the rest of the community. As with each of the standards set out in the instrument, Standard 4 expressly includes certain matters that are critical to demonstrating that the objective is being achieved.
Standard 5: Participation and integration
Standard 5 essentially requires a service provider to ensure that each individual within that service is supported and encouraged to be involved in the community. As with each of the standards set out in the instrument, Standard 5 expressly includes certain matters that are critical to demonstrating that the objective is being achieved.
Standard 6: Valued status
Standard 6 broadly requires a service provider to deliver services in a way that provides people with a disability the opportunity to live and work in ways that are valued by the community. As with each of the standards set out in the instrument, Standard 6 expressly includes certain matters that are critical to demonstrating that the objective is being achieved.
Standard 7: Complaints and disputes
Standard 7 requires a service provider to ensure that each individual within that service has access to fair procedures for dealing with complaints and disputes. As with each of the standards set out in the instrument, Standard 7 expressly includes certain matters that are critical to demonstrating that the objective is being achieved. For example, a service provider should be able to show that the service’s procedures and processes facilitate accessible and effective complaint resolution.
Standard 8: Service management
Standard 8 requires effective and efficient operation of a service. As with each of the standards set out in the instrument, Standard 8 expressly includes those matters that are critical to demonstrating that the objective is being achieved.
No Standard 9
There is no Standard 9 that applies to targeted support services. The Standard 9 relating to employment conditions, which applies to wage phase‑in services (see Schedule 1), does not apply to targeted support services. The numbering of these standards is intended to reflect this, and to maintain consistency with the numbering of standards relating to wage phase‑in services in Schedule 1.
Standard 10: Service recipient training and support
Standard 10 requires a service provider to ensure that each individual within that service has access to training and support that would optimise the person’s opportunities for community participation and employment (if appropriate). As with each of the standards set out in the instrument, Standard 10 expressly includes certain matters that are critical to demonstrating that the objective is being achieved.
Standard 11: Staff recruitment, employment and training
Standard 11 basically requires that all staff members employed to provide services for people with disabilities have the appropriate skills and competencies. As with each of the standards set out in the instrument, Standard 11 expressly includes certain matters that are critical to demonstrating that the objective is being achieved. For example, all employed staff members should have skills and competencies appropriate to their position.
Standard 12: Protection of human rights and freedom from abuse.
Standard 12 requires a service provider to actively prevent neglect and abuse and uphold the legal and human rights of every individual within that service. As with each of the standards set out in the instrument, Standard 12 expressly includes certain matters that are critical to demonstrating that the objective is being achieved. For example, a service provider should be able to show that all practical and appropriate steps have been taken to prevent abuse and neglect of individuals within that service.