Incident Management, Client Care and Protection Policy

Incidents that are encompassed by this policing include:

1. incidents where harm, or potential harm, is or could have been caused to or by a person who receives Next Challenge supports or services.
2. acts by a client or patron that happen in connection with the provision of supports or services and that have caused serious harm, or a risk of serious harm, to another person; and
3. reportable incidents that are alleged to have occurred in connection with the provision of supports or services.

It is the responsibility of all employees to have an understanding of the Next Challenge care and protection policy and of the steps for implementation. Next Challenge employees undertake training to ensure they understand their care and protection responsibilities for all clients of the company and follow the company's prescribed client welfare procedural flowchart.

The following types of incidents (including allegations) related to current clients are considered under this policy:

• death of or by a client;
• abuse and neglect of a client;
• unlawful sexual or physical contact with or by a client;
• serious injury of or by a client;
• serious avoidable illness (for example food poisoning or instances where medication has been wrongly administered) of a client;
• the use of unauthorised restrictive practices with a client, or if it is used according to that authorisation but not in accordance with a behaviour support plan for the person with disability
• the person is judged as posing a serious risk to the health, safety or welfare of themselves or others;
• an assault on staff or a visitor to the service by a person with disability who is a current service user;
• Next Challenge receives multiple contacts about a client's welfare or potential behaviour towards others; and/or
• a matter or complaint about Next Challenge is referred to any statutory or investigative body.

 
Next Challenge will respond within 7 (working) days to any allegations of abuse and/or neglect of a child or person with a disability. The responses outlined below do not replace obligations to report suspected crimes or immediate danger to police and other emergency services.
 
First contact –response following direct exposure to a care/protection incident, allegation and/or issue by an employee
 
Employee Response:
The response of the employee following direct exposure to a care/protection incident, allegation and/or issue by an employee is to:

• Provide immediate assistance to ensure the safety and wellbeing of the impacted person. This response must always be the least restrictive option (see Managing Challenging Behaviours Policy);
• Immediately report all concerns/allegations to the employee’s manager or the Managing Director if your manager is not available;
• Ensure safeguards are immediately put in place as determined in consultation with the above;
• Develop and implement an action plan in conjunction with the employees manager using the Child at Risk form if immediate concern is held for the client’s safety or the Incident Report form;
• Ensure ongoing monitoring of the situation and that all information is documented clearly, promptly and kept on record;
• Seek support, advocacy or debriefing services available to them. These can be discussed with the employees manager or the Managing Director.

 
Manager Response:
The response of the manager following direct exposure to a care/protection incident, allegation and/or issue is to:

• Support the employee and ensure all care and protection processes are followed;
• Provide information and direction to all employees involved in the situation;
• Provide options for support, advocacy and debriefing services to employees;
• Ensure all Directors of the company are aware of the situation;
• Ensure appropriate documentation, recording and communication with all parties;
• Ensure employees follow safeguards and monitor appropriately;
• Arrange for employee training to mitigate risks as required;
• Ensure that concerns/allegations are discussed with relevant key stakeholders where safe to do so;
• Undertake assessment of the incident;
• Determine if the incident is a reportable incident and involve external agencies and authorities where required including if the family is registered with the Department of Communities (formerly DCD and Disability Services Commission) or with National Disability Insurance Scheme (NDIS).
  • Where clients are registered with the Department of Communities or NDIS, managers must comply with the processes required of the agency when alerting them to any reportable incidents (including alleged reportable incidents) in the connection to the provision of NDIS or Department of Communities funded supports; and
  • Undertakes investigations into the incident or any other actions outlined by the NDIS Commission or Department of Communities as required.

Response following an indirect exposure of situation
There may be situations when a concern or allegation has been identified by an agency or person other than a Next Challenge employee, who in turn brings the concern/allegation to the attention of a Next Challenge employee. In this situation the other agency/person should be encouraged to follow their own incident reporting, care and protection guidelines or relevant protocols. A Next Challenge employee receiving this information from a third party should encourage that party to fulfil their duty of care to the client and discuss the concern/allegation with the Department of Communities (formerly DCD and Disability Services) and/or NDIS Commission.
 
Response to requests for support/involvement
Next Challenge employees may become involved in legal situations in the form of subpoenas, police questioning or through contact from a lawyer of individuals associated with the client. All requests for involvement in a legal matter must be agreed to by the Directors of Next Challenge. No information or involvement should be given unless requests received are directed to the Directors of Next Challenge and approved at that level. If Next Challenge therapists are asked to support clients in legal proceedings this must also be discussed fully with their direct manager and approved by the Directors of the company.
 
Record keeping
All information regarding potential or actual care and protection concerns is stored securely and confidentially as per Next Challenge Record Keeping policy. Exceptions to this may include where the client has provided explicit consent to share information; where there is a legal obligation or duty of care to share the information; where a client is in immediate risk of harm; or details are shared under the parameters of therapist clinical supervision.

Definitions
Any defined terms are specific to this document:

• Department of Communities- The Department of Communities (formerly DCD and Disability Services Commission)
• Incident- An incident is defined as an act, omission, event or circumstance. It may mean any of the following:
  • Acts, omissions, events or circumstances that occur in connection with providing supports or services to a client and have, or could have, caused harm to the client, employee or others.
  • Acts by a client, employee or other that occur in connection with providing supports or services to the client and which have caused serious harm, or a risk of serious harm, to another person.
  • Reportable incidents that have or are alleged to have occurred in connection with providing supports or services to a client.
• NDIS Commission- The NDIS Quality and Safeguards Commission.
• Reportable Incidents- Reportable incidents are serious incidents or alleged incidents which result in harm to a client and occur in connection with Next Challenge supports and services. Specific types of reportable incidents include:
• The death of a client, employee or other person.
• Serious injury of a client, employee or other person.
• Abuse or neglect of a client.
• Unlawful sexual or physical contact with, or assault of, a client, employee or other person.
• Sexual misconduct committed against, or in the presence of, a client, employee or other person.
• The use of a restrictive practice in relation to a client, other than where the use is in accordance with an authorisation (however described) of a State or Territory in relation to the client or a behaviour support plan for the client.

 
Resources

• Department of Communities: Child Protection and Family Support - https://www.communities.wa.gov.au/services/child-protection-and-family-support/
• Department of Communities Disability Services: http://www.disability.wa.gov.au/
• NDIA Commission: https://www.ndiscommission.gov.au/
• National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 https://www.legislation.gov.au/Details/F2018L00633

 
Date of Policy: Sep 2005
Review Date: Feb 2021
Due for Review: Feb 2022