Abuse and Neglect

Types of Abuse

Financial abuse – The misuse of a person’s assets, property, possessions and finances without their consent.

Emotional abuse – Actions or behaviors that reject, isolate, intimidate or frighten by threats, or the witnessing of family violence, to the extent that the person’s behavior is disturbed or their emotional/psychological wellbeing has been, or is at risk of being, seriously impaired.

Physical abuse – Actions that involve the inappropriate use of physical contact or force against a person.

Sexual abuse – Actual or attempted unwanted sexual actions that are otherwise forced on a person with a disability against their will or without their consent, through the use of physical force, intimidation or coercion.

Neglect – The failure to care adequately for a person with a disability to the extent that the health, wellbeing and development of the person is significantly impaired or at risk.

Employer Obligations

• not tolerate any form of abuse of people with a disability by workers or other people with a disability; they must promote zero tolerance of abuse (the minimum obligations of zero tolerance of abuse of people with a disability must be supported by clear rules to assist workers to identify and respond quickly and appropriately to allegations of exploitation, abuse, harassment and neglect)
• provide information to correctly apply the obligations of the code of conduct (this could include training to understand the Charter of Human Rights and Responsibilities Act 2006 and how to identify and report abuse and suspected abuse), NDIS Code of Conduct
• Embed NDIS safeguards into all practice and train staff accordingly
• act on all reported cases of abuse or suspected abuse
• never take negative action against you if you report abuse or neglect
• base all necessary disciplinary action on the principle of procedural fairness if you violate the obligations of the code of conduct
• respect, recognize and value the diversity of people and cultures, and create an inclusive environment where it is safe for people with a disability to express their cultural identity
• actively maintain a working environment in which the risks of abuse are minimized
• suitably screen new employees via state or national guidelines to reduce the risk of abuse – NDIS Worker Screening Check ensures that staff with a known past criminal history or history of professional misconduct can be identified and prohibited for working at Leisure Options
• create and maintain a positive complaints culture in which people are not afraid to ‘speak up’ and foster a culture of zero tolerance of abuse of people with a disability.

Employee Obligations

The code of conduct imposes five obligations that all disability service workers and tour leaders must abide by:

1. A disability service worker must provide services without engaging in abuse, exploitation, harassment or neglect.
2. A disability service worker must report any form of abuse or suspected abuse.
3. A disability service worker must not engage in sexual abuse or misconduct and must report any such conduct by other workers, people with a disability, family members, careers or community members.
4. A disability service worker must show respect for cultural differences when providing services.
5. A disability service worker must act ethically, with integrity, honesty and transparency.

The National Disability Abuse and Neglect Hotline is for reporting abuse and neglect of people with disability. They can be contacted by email on hotline@workfocus.com or call 1800 880 052 and speak with an experienced Hotline staff member. Incidents involving abuse or neglect must also be reported to the NDIS commission for further investigation if warranted.