Regional Disability Service Providers Forum Presentation

August – October 2007

Who is the Disability Services Commissioner?• Laurie Harkin Disability Services Commissioner

Commenced on the 1st July 2007 as a Governor–in–Council appointment

Independent voice for people with a disability using disability supports and services

Independent of government, Department of Human Services and disability services

• Laurie’s team includes: Principal Officer Capacity Development – David Sykes Principal Officer Conciliation - Lynne Coulson Barr Principal Officer Strategic Development – Will Crinall

Our legislative context

• The Disability Act 2006 Reaffirms and strengthens the rights and responsibilities of people

with a disability. Designed to improve services for people with a disability in

Victoria. Established the position of the Disability Services Commissioner

As independent of government, the Department of Human Services and disability service providers

With responsibility to resolve complaints about disability services Other functions, including conducting education, training and

research to improve disability services complaints systems

Our Values

• Rights: We affirm that people with a disability have the right to participate in the

social, economic, cultural, political and spiritual life of society.

• Respect: We treat all people with dignity, sensitivity and courtesy. This includes

respecting the privacy and confidentiality of the information relating to individuals and treating all complaints seriously.

• Fairness: We build trusting relationships through treating people equally, demonstrating

integrity, through open and honest communication. The principles of natural justice will be applied so that all parties are given the opportunity to respond to any issues raised.

Our Principles

• Accessible• Person Centred • Responsive • Accountable• Excellence

OUR VALUES• Rights• Respect• Fairness

OUR VISION

OUR PRINCIPLES• Accessible • Person centered• Responsive• Accountable• Excellence

QUALITY IMPROVEMENT AND CULTURAL CHANGE

IMPROVED SERVICE OUTCOMES FOR PEOPLE WITH A DISABILTY

What is effective complaints management?

Its ok to complain!

Complaints data recorded and

analysed

Better client relations

Business Improvement

Better corporate governance

StaffAuthorised and

properly trained to deal with

complaints

ManagementCommitted to an

effective complaints management

system

Service usersEmpowered to complain and

informed of rights and outcomes

Complaints to the Disability Services Commissioner: How do people make a complaint?

• Anyone can make a complaint by: Writing Telephoning Sending a fax Submitting the complaints form via the website Or by other means which are appropriate for their circumstances

• A complaint for the Commissioner can be about: the provision of a disability service the way a disability service provider has managed a complaint

about a disability service

What happens once a complaint has been made?• The Commissioner has 28 days to conduct a preliminary

assessment, with discretion to extend period.

• This assessment may involve: Facilitating complainant to take steps to resolve issue with service

provider Clarifying complaint and outcomes sought Seeking response from service provider Informal discussions to try to resolve complaint

Decision to consider a complaint

• If complaint is not resolved informally, the Commissioner will decide whether to consider a complaint, and refer to either: Conciliation (Facilitated discussions) Investigation

• The Commissioner can decline to consider complaints (s 114) if complaint is for example: Outside scope Vexatious, misconceived etc Has already been dealt with by another body, court, tribunal, or should be

referred.

Decision to conciliate

• Commissioner makes a decision on suitability to conciliate Act requires a matter must be conciliated if found suitable Conciliation uses mediation processes with the aim of reaching a

resolution Conciliation is confidential and privileged Parties have opportunity to work through conflicts with an

independent facilitator The settlement of any matter has to be consistent with the

principles of the Disability Act 2006.

Decision to investigate

• Complaint will be investigated if not suitable for conciliation If matter not suitable for conciliation because of capacity of

affected person or issues relating to complaint lodged on person’s behalf

If service provider hasn’t provided a response If nature of complaint requires an investigative approach If conciliation has failed

• Level of formality and approach will vary depending on case• After investigation, the Commissioner makes a decision if complaint

is justified

What action can the Commissioner take if complaint investigated and found justified?

• The Commissioner: Will give notice within 14 days of having made the

decision and any action required to be taken Requires notice of action taken by the service provider

to remedy the complaint within 45 days of the notice May conduct an enquiry into the action taken to

remedy the complaint

What do service providers have to do?

• Under the legislation, service providers must: Have a complaints management system in place

The Commissioner can assist develop systems that meet the requirements of the legislation

Ensure that a person with a disability is not adversely affected if a complaint has been made

What else do service providers have to do?

• Report every year to the Commissioner Provide details of the number and type of complaints they received

and how they were resolved Start collecting details now - the first report will capture details from 1

July 2007 to 30 June 2008.

• Provide information to clients To ensure that people with a disability in receipt of services are aware

of the Commissioner and his role Publications can be obtained from the Commissioner’s website or

ordered from the Commissioner’s office

Disability Services Board - Functions

Functions:

• Provide advice to the Minister in relation to the disability complaints system and Disability Services Commissioner

• Provide advice to the Disability Services Commissioner on matters referred by the Commissioner

• Provide advice to the Disability Services Commissioner

• Promote the work of the Disability Services Commissioner

• Refer matters relating to complaints to the Disability Services Commissioner for inquiry.

Disability Services Board - Composition

11 person board with President appointed by the Minister for a three year term.

• 3 members with a disability service provider perspective• 3 persons with a disability• 3 persons with expertise that will benefit the Board• 1 representative of the Secretary• 1 representative of the Health Services Commissioner(One of the members must be able to represent the interests of

children with a disability)

Current members of the Board

• President - Patricia Malowney, Convenor with the Victorian Women with Disabilities Network

• Members

• Dr Kevin Murfitt, Chair Vision Australia

• Christian Astourian, Board member for the International Society of Human Rights

• Liz Kelly, Treasurer St Paul’s Parents and Friends Association

• Scott Sheppard, CEO Wallara Australia Ltd

• Elizabeth Bishop, CEO, St John of God Services Victoria

• Jennifer Sewell, CEO, Pinarc Support Services

• Aileen McFadzean, Member of the Building Appeals Board

• Dr Chad Bennett, Consultant psychiatrist and clinical director of the Victorian Dual Disability Service.

• Beth Wilson, Health Services Commissioner

• Arthur Rogers, Executive Director, Disability Services Division, DHS.

Reporting to the Commissioner

The legislation requires that disability service providers must report to the Disability Services Commissioner on an annual basis. The legislation stipulates that the report must: Provide details of the number and type of complaints they received and how they were resolved.

Where to get more information?

• Contact usLevel 30, 570 Bourke St

Melbourne VIC 3000

Ph: 1800 677 342

TTY: 1300 726 563

www.odsc.vic.gov.au

complaints@odsc.vic.gov.au