EXPLANATORY STATEMENT

Disability Services Standards (FaCSIA) 2007

Summary

This Instrument is made under section 5A of the Disability Services Act 1986 (the Act).

The purpose of this Instrument is to set out the service standards for people with a disability. The instrument also specifies key performance indicators relevant to each standard to be applied in assessing whether the standard has been observed in the provision of those services.

This Instrument commences on 1 July 2007.

Background

Subsection 5A (1) of the Act authorises the Minister to determine disability employment standards for employment services and the rehabilitation program standards for rehabilitation programs. Subsection 5A(2) authorises the Minister to approve key performance indicators to be applied by accredited certification bodies in assessing whether the standards have been observed. The standards and key performance indicators can only be approved after consultation with the disability sector.

As a result of the Machinery of Government changes in November 2004, FaCSIA shares responsibility for the Disability Services Act 1986 (the Act) with the Department of Employment and Workplace Relations (DEWR).  DEWR has responsibility for the Act insofar as it relates to open employment and related services, and vocational rehabilitation services.  FaCSIA has responsibility for the remainder of the Act.

DEWR is proposing to make minor amendments to the current service standards to reflect current workplace relations legislation and the introduction of partial contestability for Vocational Rehabilitation Services from 1 July 2007.

Whilst the proposed DEWR changes relate to matters for which they are responsible (i.e. open employment and rehabilitation services), in the interests of consistency as well as for ease of reference for members of the public seeking access to the standards, it is considered appropriate for FaCSIA and DEWR to simultaneously revoke the existing standards and to issue new standards in equivalent terms.

Definitions of ‘employment services’ and ‘rehabilitation programs’

‘Employment services’ and ‘rehabilitation programs’ are defined in the Act in sections 7 and 17, respectively:

employment service means a service for persons with disabilities that either:

• provides, or facilitates access to, wage generating employment for the majority of its clients; or

• has as its primary goal the achievement of paid employment for its clients.

This can include competitive employment training and placement services and supported employment services.

rehabilitation programs means a rehabilitation program under Part III, and, except in section 20, includes a follow up program under Part III.

Reasons for these changes

The Act was recently amended by the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Vocational Rehabilitation Services) Act 2007. From 1 July 2007, subsection 20(1) will provide the Secretary with a power to enter into arrangements for the provision of rehabilitation service. Subsection 20(1) was amended to remove the requirement for the Secretary to approve individual programs under Part III of the Act. The purpose of these amendments was to facilitate the contestability of vocational rehabilitation services.

It is considered necessary to revoke the Disability Services (Disability Employment and Rehabilitation Program) Standards 2002 (2002 Disability Services Standards) and replace the revoked Standards with these Standards in order to ensure the Standards remained relevant to disability service recipients and consistent with the obligations of service providers under all relevant arrangements. It was also necessary to change the definition of ‘service provider’ to ensure that rehabilitation service providers engaged under a contract or agreement under subsection 20(1) of the Act by the Commonwealth to deliver rehabilitation services are required to comply with the Standards.

It is also considered necessary to revoke the 2002 Disability Services Standards and replace with these Standards to ensure the current workplace relations terminology is incorporated. These are evidenced by the included definitions of ‘Australian Pay and Classification Scale’, ‘Special Federal Minimum Wage’ and a definition of award, order or industrial agreement is expanded to encompass Australian Workplace Agreements under the Workplace Relations Act 1996 as in force from 27 March 2006. 

Standards

To a large extent the Standards reflect the 2002 Disability Services Standards. The only change to the Standards in Schedule 1 is in Key Performance Indicator 9.1, reflecting the new workplace relations terminology.

These Standards, like the 2002 Disability Services Standards, put the Objects, and the Principles and Objectives of the Act into operation. These Standards are a clear statement of what it means to meet the Objects, Principles and Objectives of the Act.

Key Performance Indicators

There are 26 key performance indicators to measure 12 standards. These performance indicators have been designed to provide simple, sensitive, outcome based measurements of performance.

The key performance indicators were developed in close collaboration with members of a Working Party (representing the disability sector) over a number of years. They were refined in light of findings from a six-month trial and widely discussed during national consultations.

Explanation of the Provisions

Name of instrument

Section 1 states the name of this instrument, which is the Disability Services Standards (FaCSIA) 2007.

Commencement

Section 2 states that this instrument commences on 1 July 2007.

Definitions

Section 3 defines the terms used in this instrument.  Schedule 1 frequently uses the terms ‘service’, ‘service provider’ and ‘service recipient’ that have been defined as follows:

‘service’ means support or assistance;

‘service provider’ means:

(a)   in relation to the provision of a service in respect of which financial assistance has been granted to a State or eligible organisation — the management and operational units of the State or eligible organisation responsible for the service, and

(b)   in relation to the provision of rehabilitation programs — a provider engaged under a contract or agreement by the Commonwealth to deliver rehabilitation services, and;

‘service recipient’:

(a) means a person with a disability who has applied for, is receiving, or has received, an employment service, or for whom the provision of a rehabilitation program is sought or for whom a rehabilitation program is being, or has been, provided; and

(b) includes a family member, an unpaid primary carer, or an advocate, of the person.

Standards

Section 4 states that the Standards set out in Schedule 1 to this instrument are the disability employment standards to be observed in the provision of an employment service and the rehabilitation employment standards to be observed in the provision of a rehabilitation program. These Standards are made under paragraph 5A(1)(b) and (c) of the Act.

Key performance indicators

Section 5 states that the indicators set out in Schedule 1 in the item specifying a standard and identified by the initials ‘KPI’ are the key performance indicators under subsection 5A(2) of the Act.

Explanation of the Items in Schedule 1

Schedule 1 Disability Employment Standards, Rehabilitation Program Standards and Key Performance Indicators

This Schedule contains 12 disability employment and rehabilitation program standards (standards). Each standard has one or more key performance indicators (KPI).

Standards 1 through 8 and Standards 10, 11 and 12 have the same text as the corresponding Standards in the 2002 Disability Services Standards.

Standard 1: Service access

Item 1 includes Standard 1 has two corresponding key performance indicators.

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.

The key performance indicator seeks to ensure the service provider adopts and applies non-discriminatory entry rules consistent with contractual obligations of the service provider and purpose of the service. The second key performance indicator requires the service provider’s entry and exit procedures to be fair and equitable and consistently applied.

Standard 2: Individual needs

Item 2 includes Standard 2 and three key performance indicators.

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.

The key performance indicators seek evidence that:

• each individual’s employment goals are established objectively to reflect needs and personal goals;

• employment plans are used as a basis for customised service provision and that the plans are regularly reviewed and updated; and

• individuals’ goals and plans do not have any unnecessary restrictions or constraints.

Standard 3: Decision Making & Choice

Item 3 includes Standard 3 and two key performance indicators.

Standard 3 requires a service provider to ensure that each person with a disability has the opportunity to participate as fully as possible in making decisions about the events and activities in relation to the services the person receives.

Key performance indicators seek evidence of meaningful and effective participation in a range of decisions and choices in relation to pre-employment and employment planning, extending to broader planning for the service. The service provider is required to act upon the outcomes of service recipient input into decision-making.

Standard 4: Privacy, Dignity and Confidentiality

Item 4 includes Standard 4 and two key performance indicators.

Standard 4, key performance indicator 1, requires that the service provider complies with the Information Privacy Principles of the Privacy Act 1988 in order to protect and respect the rights of individual service recipients. The service provider must not disclose personal information about service recipients without their informed consent.

Key performance indicator 2 requires the service provider to promote tolerance and respect for each service recipient’s personal needs and circumstances.

Standard 5: Participation and Integration

Item 5 includes Standard 5 and one key performance indicator.

Standard 5 requires a service provider to ensure that each individual within that service is supported and encouraged to be involved in the community.

The key performance indicator seeks evidence of the service’s success in progressively building opportunities for the meaningful involvement of individuals in the community through employment.

Standard 6: Valued Status

Item 6 includes Standard 6 and three key performance indicators.

Standard 6 requires a service provider to deliver services in a way that enables a person with a disability to develop and maintain skills and participate in activities which are valued by the community.

The key performance indicators require the service provider to enable the service recipient to be fulfilling a valued role in the community by:

• promoting the belief that service recipients fulfil valued roles;
• promoting employment opportunities; and
• developing and maintaining service recipients skills relevant to their roles in their community

Standard 7: Complaints and Disputes

Item 7 includes Standard 7 and three key performance indicators.

Standard 7 requires that a service provider to ensure that each individual within that service has access to fair procedures for dealing with complaints and disputes.

The key performance indicators require a service provider to encourage service recipients to raise complaints regarding areas of dissatisfaction, without fear of retribution. The service provider is required to facilitate the resolution of complaints or disputes regarding the service provider and the service.

Standard 8: Service Management

Item 8 includes Standard 8 and one key performance indicator.

Standard 8 requires effective and efficient operation of a service.

The key performance indicator requires the service provider to have quality management systems and practices. These systems facilitate quality management processes and continuous improvement.

This standard is the same as Standard 8 of the 2002 Disability Services Standards.

Standard 9: Employment Conditions

Item 9 includes Standard 9 and three key performance indicators.

Standard 9 requires a service provider to ensure that each individual within that service has access to wages and conditions comparable to the Australian workforce.

The key performance indicators require service providers ensure that people with a disability placed in open or supported employment, receive wages according to the relevant Australian Pay and Classification Scale (APCS), special Federal Minimum Wage (SFMW), award, order or industrial agreement (if any). Where a person is to unable work at full productive capacity because of their disability, the service provider is to ensure that a pro-rata wage is determined based on a transparent assessment process, such as the Supported Wage System (SWS) or tools which comply with the criteria referred to in the Guide to Good Practise Wage Determination.

The Guide to Good Practice Wage Determination is published by the Department of Families, Community Services and Indigenous Affairs, in force as of 1 July 2002.

The service provider must also ensure that when people with a disability are placed in employment their conditions of employment are consistent with general workplace norms. These workplace norms include providing:

• a safe and comfortable working environment that complies with OH&S regulations;
• security of tenure in line with industry standard;
• a workplace free from harassment and discrimination; and
• ongoing performance feedback and appraisal.

As a further safeguard, the service provider is required to ensure that when a person is placed in supported employment, the person and if appropriate their guardians and advocates are informed of the process of determining wages and conditions and the consequences of these determinations.

The wording of this Standard 9 has been amended slightly to incorporate terminology currently used in Workplace Relations Act 1996 as in force at 27 March 2006.

Standard 10: Service Recipient Training and Support

Item 10 includes Standard 10 and one key performance indicator.

Standard 10 requires a service provider to ensure that each individual within that service has access to relevant training and support.

The key performance indicator requires the service provider to provide or facilitate relevant training and support which is consistent with their employment goals and opportunities.

Standard 11: Staff recruitment, employment and training

Item 11 includes Standard 11 and three key performance indicators.

Standard 11 requires that all staff members employed to provide services for people with disabilities have the appropriate skills and competencies.

The key performance indicators require the service provider to demonstrate that all employed staff members have skills and competencies appropriate to their position. The service provider is also required to ensure that each staff member is provided relevant training and skills development.

Standard 12: Protection of human rights and freedom from abuse.

Item 12 includes Standard 12 and two key performance indicators.

Standard 12 requires a service provider to acts to prevent neglect and abuse and uphold the legal and human rights of individuals within that service.

The key performance indicators require the service provider to take practical and appropriate steps to prevent abuse and neglect of individuals within that service. The service provider is also required to uphold the legal and human rights of the service recipients.

The basic legal and human rights to be upheld include:

• Respect for human dignity and freedom;
• Equality before the law;
• Privacy;
• Protection against discrimination; and
• Equal opportunity in employment.

Consultation

Consultation on the changes to the standards was conducted by DEWR with the following organisations

• ACE National Network
• Australian Federation of Disability Organisations
• Australian Rehabilitation Providers Association
• National Disability Services (formerly ACROD)
• National Employment Services Association
• People with Disability (Australia) – operators of the national disability Complaints Resolution and Referral Service and the national disability Abuse and Neglect Hotline.

Following that consultative process, DEWR liaised with FaCSIA regarding the implementation of the new service standards.

Business Cost Calculator Figure

Completion of the Business Cost Calculator has resulted in an assessment of nil compliance costs from the introduction of this legislation.