Quality Services, Programs Facilities and Activities

Provider registration

Many individuals and organisations that provide services, programs,  facilities or activities to children and young people, and other vulnerable people must be registered. These include schools, education and care services, social services, and NDIS providers.

During this application process, many aspects of the proposed services, programs, facilities or activities to be delivered will be assessed.
For example:

Physical environment

The application process may include assessing the suitability of the physical environment.

For example, the physical environment of centre-based education and care services must include the following:

  • The outdoor spaces must be enclosed by a suitable fence or barrier.
  • The outdoor spaces must also include adequate shaded areas to protect children from overexposure to ultraviolet radiation from the sun.
  • The indoor space must be well ventilated, have adequate natural light, and must be maintained at a suitable temperature.
  • There must be appropriate nappy changing and hand cleansing facilities.
  • There must be appropriate toileting, washing and drying facilities for children.
  • There must be access to laundry facilities.
  • All equipment and furniture used in providing the service must be safe, clean and in good repair.
  • There must be sufficient furniture, materials and developmentally appropriate equipment.

Suitability

The application process may also include assessing the suitability of leaders, managers and other professionals involved with the service. This process may include considering the personal and professional history of each person such as:

  • their professional registration and whether it has ever been suspended, cancelled, refused or revoked.
  • their criminal history.
  • their disciplinary history.
  • any finding or decision that the person has engaged in fraud, misrepresentation or dishonesty.
  • any finding or decision that the person has engaged in misconduct or serious misconduct.
  • any finding or decision made by other regulators.

Policies and procedures

The application for registration process may also include scrutinising the policies and procedures that the service, program, facility or activity will use. This may include policies and procedures in relation to the following matters:

  • enrolment or application process
  • fees and other expenses
  • codes of conduct
  • risk management
  • emergency management including evacuations and lockdowns
  • bushfire preparedness and management
  • management of medical conditions such as asthma, diabetes and anaphylaxis
  • behaviour management
  • administration of first aid
  • management of incidents, injuries, trauma and illnesses
  • management of infectious diseases
  • supervision
  • planning activities such as excursions, camps and outings
  • transportation to and from the service, program or facility
  • complaints management
  • privacy and information sharing.

Safety Quality & Care Legal Services can support individuals and organisations throughout the registration process. This includes:

  • planning, preparing and submitting the relevant application including:
    • applications for registration
    • applications for renewal of registration
    • applications to amend or transfer registration
    • applications to vary or revoke conditions on registration
  • collating the necessary information and documentation to support the relevant application
  • responding to requests from the regulator for additional information and documentation
  • preparing submissions to the regulator to respond to a proposed decision to:
    • impose conditions or restrictions on the provider registration; or
    • refuse the application
  • appealing decisions to refuse an application
  • understanding the legal obligations, conditions and restrictions imposed on the provider’s registration.

Safety Quality & Care Legal Services can also advise and support individuals and organisations whose registration as a provider has been suspended or cancelled. In some circumstances, it may be possible and appropriate to appeal this decision.

Standards

Individuals and organisations that provide services, programs, facilities or activities to children and young people, and other vulnerable people must comply with various standards. These may include the following:

Child Safe Standards

Many individuals and organisations that provide services, programs, facilities or activities to children and young people are required to comply with the Child Safe Standards:

This means that:

  • A child’s ability to express their culture and enjoy their cultural rights is encouraged and actively supported.
  • Strategies are embedded within the relevant entity which equip all members to acknowledge and appreciate the strengths of Aboriginal culture and understand its importance to the wellbeing and safety of Aboriginal children and young people.
  • Measures are adopted by the relevant entity to ensure racism within the relevant entity is identified, confronted and not tolerated. Any instances of racism are addressed with appropriate consequences.
  • The relevant entity actively supports and facilitates participation and inclusion within it by Aboriginal children, young people and their families.
  • All of the relevant entity’s policies, procedures, systems and processes together create a culturally safe and inclusive environment and meet the needs of Aboriginal children, young people and their families.

This means that:

  • The relevant entity makes a public commitment to child safety.
  • A child safe culture is championed and modelled at all levels of the relevant entity from the top down and bottom up.
  • Governance arrangements facilitate implementation of the child safety and wellbeing policy at all levels.
  • A Code of Conduct provides guidelines for staff and volunteers on expected behavioural standards and responsibilities.
  • Risk management strategies focus on preventing, identifying and mitigating risks to children and young people.
  • Staff and volunteers understand their obligations on information sharing and recordkeeping.

Individuals and organisations that provide services, programs, facilities and activities to children and young people, and other vulnerable people must have robust systems, policies and procedures.

We can advise and support individuals and organisations to develop and implement effective operating systems that include:

  • governance arrangements
  • strategies and operational plans
  • key performance indicators
  • decision making frameworks
  • roles and responsibilities
  • induction, training and mentoring
  • supervision and management
  • internal reporting
  • audits and reviews
  • analysing data e.g. number of types of incidents and complaints
  • regular review and improvement.

We can also support individuals and organisations to develop, implement and review related frameworks, policies, procedures and templates including those relating to:

  • recruitment and induction of employees, contractors and volunteers
  • equity, diversity and inclusion
  • risk management
  • incident management
  • reporting obligations
  • management of feedback and complaints
  • privacy and information sharing
  • records management.

We can also support individuals and organisations to develop, implement, enforce and review codes of conduct for:

  • employees, contractors and volunteers
  • children and young people, and other vulnerable people
  • parents and carers
  • families and other members of the community.

This means that:

  • Children and young people are informed about all of their rights, including to safety, information and participation.
  • The importance of friendships is recognised and support from peers is encouraged, to help children and young people feel safe and be less isolated.
  • Where relevant to the setting or context, children and young people are offered access to sexual abuse prevention programs and to relevant related information in an age-appropriate way.
  • Staff and volunteers are attuned to signs of harm and facilitate child-friendly ways for children and young people to express their views, participate in decision-making and raise their concerns.
  • Relevant entities have strategies in place to develop a culture that facilitates participation and is responsive to the input of children and young people.
  • Relevant entities provide opportunities for children and young people to participate and are responsive to their contributions, thereby strengthening confidence and engagement.

This means that:

  • Families participate in decisions affecting their child.
  • The relevant entity engages and openly communicates with families and the community about its child safe approach and relevant information is accessible.
  • Families and communities have a say in the development and review of the relevant entity’s policies and practices.
  • Families, carers and the community are informed about the relevant entity’s operations and governance.

This means that:

  • The relevant entity, including staff and volunteers, understand children and young people’s diverse circumstances, provide support, and respond to those who are vulnerable.
  • Children and young people have access to information, support and complaints processes in ways that are culturally safe, accessible and easy to understand.
  • The relevant entity pays particular attention to the needs of children and young people with disability, children and young people from culturally and linguistically diverse backgrounds, those who are unable to live at home, and lesbian, gay, bisexual, transgender and intersex children and young people.
  • The relevant entity pays particular attention to the needs of Aboriginal children and young people and provides / promotes a culturally safe environment for them.

This means that:

  • Recruitment, including advertising, referee checks and staff and volunteer pre-employment screening, emphasise child safety and wellbeing.
  • Relevant staff and volunteers have current working with children checks or equivalent background checks.
  • All staff and volunteers receive appropriate induction and are aware of their responsibilities to children and young people, including recordkeeping, information sharing and reporting obligations.
  • Ongoing supervision and people management is focused on child safety and wellbeing.

This means that:

  • The relevant entity has an accessible, child-focused complaint-handling policy which clearly outlines the roles and responsibilities of leadership, staff and volunteers, approaches to dealing with different types of complaints, breaches of relevant policies or Codes of Conduct, and obligations to act and report.
  • Effective complaint handling processes are understood by children and young people, families, staff and volunteers, and are culturally safe.
  • Complaints are taken seriously and responded to promptly and thoroughly.
  • The relevant entity has policies and procedures in place that address reporting of complaints and concerns to relevant authorities, whether or not the law requires reporting, and co-operates with law enforcement.
  • Reporting, privacy and employment law obligations are met.

This means that:

  • Staff and volunteers are trained and supported to effectively implement the relevant entity’s child safety and wellbeing policy.
  • Staff and volunteers receive training and information to recognise indicators of child harm including harm caused by other children and young people.
  • Staff and volunteers receive training and information to respond effectively to issues of child safety and wellbeing and support colleagues who disclose harm.
  • Staff and volunteers receive training and information on how to build culturally safe environments for children and young people.

This means that:

  • Staff and volunteers identify and mitigate risks in the online and physical environments without compromising a child’s right to privacy, access to information, social connections and learning opportunities.
  • The online environment is used in accordance with the relevant entity’s Code of Conduct and child safety and wellbeing policy and practices.
  • Risk management plans consider risks posed by organisational settings activities, and the physical environment.
  • Relevant entities that contract facilities and services from third parties have procurement policies that ensure the safety and wellbeing of children and young people.

This means that:

  • The relevant entity regularly reviews, evaluates and improves child safe practices.
  • Complaints concerns and safety incidents are analysed to identify causes and systemic failures to inform continuous improvement.
  • The relevant entity reports on the findings of relevant reviews to staff and volunteers, community and families and children and young people.

This means that:

  • Policies and procedures address all Child Safe Standards.
  • Policies and procedures are documented and easy to understand.
  • Best practice models and stakeholder consultation informs the development of policies and procedures.
  • Leaders champion and model compliance with policies and procedures.
  • Staff and volunteers understand and implement policies and procedures.

Source: State of Victoria, Victoria Government Gazette, G26, 1 July 2021

Education and Care Services National Quality Standards

Education and care services including long day care, pre-schools, kindergartens and out of school hours care programs are assessed and rated against the National Quality Standards:

The educational program and practice is stimulating, engaging and enhances children’s learning and development. In services for children over preschool age, the program nurtures the development of life skills and complements children’s experiences, opportunities and relationships at school, at home and in the community. This consists of the following standards:

Standard 1.1 Program

The educational program enhances each child’s learning and development. It consists of an approved learning framework, is child-centred, and maximises opportunities for each child’s learning.

Standard 1.2 Practice

Educators facilitate and extend each child’s learning and development. This consists of intentional teaching, responsive teaching and scaffolding, and child-directed learning.

Standard 1.3 Assessment and Planning

Educators and co-ordinators take a planned and reflective approach to implementing the program for each child. This consists of an assessment and planning cycle, critical reflection, and information for families.

Every child’s health and wellbeing is safeguarded and promoted. This consists of the following standards:

Standard 2.1 Health

Each child’s health and physical activity is supported and promoted. This consists of:

  • providing each child with appropriate opportunities for sleep, rest and relaxation
  • promoting and implementing effective illness and injury management and hygiene practices
  • promoting healthy eating and physical activity.

Standard 2.2 Safety

Each child is protected. This consists of:

  • reasonable and adequate supervision
  • protection from harm and hazards
  • managing incidents and emergencies
  • identifying and responding to every child at risk of abuse or neglect.

The physical environment is safe, suitable and provides a rich and diverse range of experiences that promote children’s learning and development. This consists of the following standards:

Standard 3.1 Design

The design and location of the premises is appropriate for the operation of the service. This consists of outdoor and indoor spaces, buildings and fixtures that are fit for purpose, safe, clean and well-maintained.

Standard 3.2 Use

The service environment is inclusive, promotes competence, and supports exploration and play- based learning. This consists of:

  • outdoor and indoor spaces that are adapted to support every child’s participation and engagement.
  • sufficient resources, materials and equipment that allow multiple uses, and enable every child to engage in play-based learning.
  • services that care for the environment and support children to become environmentally responsible.

Staffing arrangements create a safe and predictable environment for children and support warm, respectful relationships. Qualified and experienced educators and co-ordinators encourage children’s active engagement in the learning program. Positive relationships among educators, co-ordinators and staff members contribute to an environment where children feel emotionally safe, secure and happy. This consists of the following standards:

Standard 4.1 Staffing arrangements

Staffing arrangements enhance children’s learning and development. This consists of appropriate organisation of educators, and continuity of educators at the service.

Standard 4.2 Professionalism

Management, educators and staff work with mutual respect and collaboration, challenge and learn from each other, and recognise each other’s strengths and skills. Professional standards guide their practice, interactions and relationships.

Relationships with children are responsive, respectful and promote children’s sense of security and belonging, and free them to explore the environment and engage in learning. This consists of the following standards:

Standard 5.1 Relationships between educators and children

Relationships between educators and children are respectful and equitable. This consists of responsive and meaningful interactions that build trusting relationships and engage and support each child to feel secure, confident and included. It also consists of maintaining the dignity and rights of each child.

Standard 5.2 Relationships between children

Each child is supported to build and maintain sensitive and responsive relationships. This consists of supporting children to collaborate, learn from and help each other. It also consists of supporting each child to regulate their own behaviour, respond appropriately to the behaviour of others, and to communicate effectively to resolve conflicts.

Collaborative relationships with families are fundamental to achieving quality outcomes for children. Community partnerships based on active communication, consultation and collaboration also contribute to children’s learning and wellbeing. This consists of the following standards:

Standard 6.1 Supportive relationships with families

Respectful relationships with families are developed and maintained, and families are supported in their parenting role. This consists of supporting families to be involved in the service, and to contribute to service decisions. This also consists of respecting the family’s expertise, cultures, values and beliefs and sharing decision making responsibilities for their child’s learning and wellbeing.

Standard 6.2 Collaborative partnerships

Collaborative partnerships enhance children’s inclusion, learning and wellbeing. This consists of sharing information and clarifying responsibilities to support continuity of learning and transitions. It also consists of effective partnerships to support children’s access, inclusion and participation in the program. It also consists of the service building relationships and engaging with its community.

Effective leadership contributes to sustained quality relationships and environments that facilitate children’s learning and development.  Well documented policies and practices that are developed and regularly evaluated in partnership with educators, co-ordinators, staff members and families contribute to the ethical management of the service. There is a focus on continuous improvement. This consists of the following standards:

Standard 7.1 Governance

Governance supports the operation of a quality service. This consists of a statement of philosophy that guides all aspects of the service’s operations, systems to manage risk, effective management and operation of a quality service, and clearly defined roles and responsibilities that support effective decision making and operation of the service.

Standard 7.2 Leadership

Effective leadership builds and promotes a positive organisational culture and professional learning community. This consists of:

  • effective self-assessment and quality improvement processes.
  • an educational leader that leads the development and implementation of the educational program and the assessment and planning cycle.
  • all staff members have individual plans to support their learning and development, and their performance is regularly evaluated.

Source: Education and Care Services National Regulations 2011, Schedule 1

Disability Standards for Education

The Disability Standards for Education specify how education and training are to be made accessible to students with disabilities. These standards apply to pre-schools, kindergartens, schools, registered training organisations and other education providers.

  •  The education provider must take reasonable steps to ensure that the prospective student is able to seek admission to, or apply for enrolment in, the institution on the same basis as a prospective student without a disability, and without experiencing discrimination.
  • The provider must ensure that, in making the decision whether or not to offer the prospective student a place in the institution, or in the particular course or program applied for by the prospective student, the prospective student is treated on the same basis as a prospective student without a disability, and without experiencing discrimination.
  • The provider must:
    • consult with the prospective student, or an associate of the prospective student, about whether the disability affects their ability to seek admission to, or apply for enrolment in, the institution.
    • in light of the consultation, decide whether it is necessary to make an adjustment to ensure that the prospective student is able to seek admission to, or apply for enrolment in the institution, on the same basis as a prospective student without a disability and if an adjustment is necessary, and a reasonable adjustment can be identified, then make the reasonable adjustment for the prospective student.
  • The education provider must take reasonable steps to ensure that the student is able to participate in the courses or programs provided by the educational institution, and use the facilities and services provided by it, on the same basis as a student without a disability, and without experiencing discrimination.
  • The provider must:
    • consult with the student, or an associate of the student, about whether the disability affects the student’s ability to participate in the courses or programs for which the student is enrolled and use the facilities or services provided by the provider.
    • in light of the consultation, decide whether an adjustment is necessary to ensure that the student is able to participate in the courses or programs provided by the education institution, and use the facilities and services provided by it, on the same basis as a student without a disability and if an adjustment is necessary, and a reasonable adjustment can be identified, then make the reasonable adjustment for the student.
  • The provider must repeat this process as necessary to allow for the changing needs of the student over time.

 

  • The education provider must take reasonable steps to ensure that the course or program is deigned in such a way that the student is, or any student with a disability is, able to participate in the learning experiences (including the assessment and certification requirements) of the course or program, and any relevant supplementary course or program, on the same basis as a student without a disability, and without experiencing discrimination.
  • If a student is enrolled in the course or program, the provider must:
    • consult with the student, or an associate of the student, about whether the disability affects the student’s ability to participate in learning experiences of the course or program, or any relevant supplementary course or program.
    • in light of that consultation, decide whether an adjustment is necessary to ensure that the student is able to participate in those learning experiences on the same basis as a student without a disability who is enrolled in the course or program, and if an adjustment is necessary, and a reasonable adjustment can be identified, then make that reasonable adjustment for the student.
  • The provider must repeat this process as necessary to allow for the changing needs of the student over time.
  • The education provider must take reasonable steps to ensure that the student is able to use support services used by the students of the institution in general on the same basis as a student without a disability, and without experiencing discrimination.
  • If a specialised support service is necessary for the student to be able to participate in the activities for which he or she is enrolled and is of a kind that is provided by the education provider, the provider must take reasonable steps to ensure that the student has access to the service (but may arrange for it to be provided by another person or agency).
  • If a specialised support service is necessary for the student to be able to participate in the activities for which he or she is enrolled and is of a kind that is not provided by the provider, the provider must take reasonable steps to facilitate the provision of the service to the student by another person or agency.
  • The provider must:
    • consult with the student, or an associate of the student, about whether the disability affects the student’s ability to access support services used by the students of the institution.
    • in light of that consultation, decide whether an adjustment is necessary for the student to be able to access those support services on the same basis as a student without a disability, and if an adjustment is necessary, and a reasonable adjustment can be identified, then make the reasonable adjustment for the student.
  • The provider must:
    • consult with the student, or an associate of the student, about the need for the student to have access to specialised support services that are provided for by the provider or by other persons or agencies.
    • in light of the consultation, decide whether an adjustment is necessary for the student to be able to participate in the activities for which he or she is enrolled, and if an adjustment is necessary, and a reasonable adjustment can be identified, then make the reasonable adjustment for the student.
  • The provider must repeat this process as necessary to allow for the changing needs of the student over time.
  • An education provider must develop and implement strategies and programs to prevent harassment or victimisation of a student with a disability, or a student who has an associate with a disability, in relation to the disability.
  • The provider must take reasonable steps to ensure that its staff and students are informed about:
    • The obligation not to harass or victimise students with disabilities, or students who have associates with disabilities.
    • The appropriate action to be taken if harassment or victimisation occurs.
    • Complaint mechanisms available to a student who is harassed or victimised in relation to a disability of the student or an associate of the student.

Source: Disability Standards for Education 2005 (Cth)

Social Service Standards

Social service providers including child protection services, community-based child and family services, disability services, family violence services, homelessness services, out of home care services, secure welfare services, sexual assault services, and supported residential services must comply with the Social Service Standards:

Social Services are safely provided based on assessed needs. This consists of:

Service user safety

The social service provider must implement and maintain practices that identify and reduce the risk of harm to service users in the delivery of social services, including the delivery of online services.

Needs assessments and service planning

The social service provider must assess and review each service user’s needs, taking into account the service user’s individual circumstances and the goals of the service user. The social service provider must also plan and co-ordinate the provision of social services having regard to the other services and providers and the service user’s preferences.

Health and wellbeing

The social service provider must implement and maintain practices to ensure that the social services provided to a service user support their health and wellbeing. It must also ensure that the delivery of the social services is consistent with current evidence-informed practice, including trauma-informed practice.

Cultural safety and inclusion

The social service provider must ensure that social services delivered to a service user respect the service user’s cultural identity and lived experience. The social service provider must also ensure that service workers access training and are supported to deliver culturally safe services that respect each service user’s cultural identity and experience. The social service provider must also ensure that racism within the organisation is identified and confronted, is not tolerated, and is addressed with appropriate consequences.

Aboriginal cultural safety and inclusion

The social service provider must ensure that:

  • Aboriginal service users are encouraged and actively supported to express their culture and enjoy their cultural rights.
  • All members and service workers acknowledge and appreciate the strengths of Aboriginal culture and understand its importance to the wellbeing and safety of Aboriginal persons.
  • Racism is identified and confronted, is not tolerated and is addressed with appropriate consequences.
  • The social service provider actively supports and facilitates participation and inclusion of Aboriginal persons and their families.
  • Policies, procedures, systems and processes create a culturally safe and inclusive environment and meet the needs of Aboriginal persons and their families.

Social services are person-centred, and respect and uphold service user rights and agency.

This consists of:

Dignity and respect

The social service provider must ensure that each service user is treated with dignity and respect and their individual diversity is acknowledged. It must also ensure that social services are delivered free from discrimination.

Service user rights and responsibilities

The social service provider must support each service user to freely exercise their rights and responsibilities and respect their right to personal privacy.

Advocacy and support

The social services provider must support service users to freely access any relevant advocacy services or other relevant support services.

Clear and accessible information

The social service provider must provide clear, comprehensive and accurate information about:

  • the social services that are provided
  • the social services that are not provided
  • the fees and costs for the social services provided
  • the rights and responsibilities of service users
  • the processes for lodging feedback, complaints or concerns in relation to service delivery or safety; and
  • the processes for dispute management in relation to social service delivery or safety.

Service user inclusion and participation

The social service provider must support each service user and their support persons to actively participate in decisions about the social services provided to the service user.

Informed consent

The social service provider must obtain and document the informed consent of the service user, their authorised representative, or a person authorised by law to make decisions for the service user in relation to the provision of the social service.

Connections to culture, family, friends and community

The social service provider must support service users to maintain connections to their culture, family, friends and community.

Social services are provided in a safe, secure and fit for purpose environment. This consists of:

Safe, secure and fit for purpose premises, facilities and equipment

In relation to premises which the social service provider owns or occupies, and uses to deliver social services, the social service provider must:

  • Identify and reduce hazards and risks of harm to service users relating to the premises, facilities, equipment, furniture and fittings used to deliver social services.
  • Ensure that the premises, facilities, equipment, furniture and fittings are suitable for the provision of the social service, including having regard to the accessibility needs of services users.
  • Ensure that the premises, facilities, equipment, furniture and fittings used are maintained in a safe and serviceable condition.

In relation to premises which are used to deliver social services but which the social service provider does not own or occupy, the social service provider must manage risks to ensure the safe delivery of social services at that place.

Personal and private property

The social service provider must secure service users’ personal and private property.

Emergency management planning

The social service provider must manage the risk of harm in an emergency and provide clear directions to service workers and service users on what to do in an emergency.

Service users are supported to share feedback, complaints or concerns about service safety.

This consists of:

Feedback

The social service provider must seek feedback from service users and support persons about the safety of a social service.

Systems and processes

This means that the social service provider must:

  • support service users and their support person to give feedback, make a complaint or raise a concern about the safety of a social service.
  • investigate, respond to, and resolve any feedback given, complaint made, or concern raised by service users and their support persons about the safety of a social service.
  • report on:
    • any feedback given, complaint made, or concern raised by service users and support persons about the safety of a social service; and
    • the social service provider’s response to, or resolution of, the feedback, complaint or concern.

It also means that the social service provider must inform service users about their right to:

  • raise matters of social service safety with the Social Service Regulator for the purpose of monitoring and enforcing compliance with the Social Service Standards; and
  • make a complaint about the safety of a social service to any other entity including the Ombudsman, the Health Complaints Commissioner, and the Mental Health and Wellbeing Commission.

Response to feedback, complaints and concerns

The social service provider must acknowledge and respond to feedback, complaints or concerns of service users and support persons.

Its response must be:

  • confidential
  • appropriate and accessible to service users
  • without reprisal to the service user or support person
  • comply with agreed timeframes.

The social service provider must also use the feedback, complaints and concerns of service users and support persons to inform continuous improvements to safe social service design and delivery.

Dispute management

The social service provider must assist service users and support persons to access services to manage and resolve disputes between the service users and the social service provider about the delivery of social services.

Effective governance and organisational systems support safe social service delivery.

This consists of:

Accountable governance and leadership

The social service provider must implement and maintain governance arrangements to provide for leadership accountability for, and continuous improvement of, service user safety.

Safe and inclusive practice culture

The social service provider must implement and maintain practices that support service workers to raise concerns confidentially, and without reprisal, to assist in safe social service delivery.

Incident and adverse event reporting

The social service provider must implement and maintain an incident management system that transparently records, reports on, and responds to incidents and adverse events to improve safe social service delivery.

Outsourced services

The social service provider remains accountable for the safe delivery of social services by any contractors or other persons that it engages to deliver the social services.

Social services are delivered by a workforce with the knowledge, capability and support to provide safe social services with care and skill.

This consists of:

Workforce recruitment

The social service provider must implement and maintain recruitment practices that give priority to service user safety and wellbeing.

Workforce training

The social service provider must ensure service workers access ongoing training and are supported to deliver safe social services.

Worker performance and conduct

The social service provider must monitor and manage service worker performance and conduct.

Workforce planning

The social service provider must plan and manage a workforce that is adequately supported to deliver safe social services.

Source: Social Services Regulation Act 2021 (Vic) and Social Services Regulations 2023 (Vic)

NDIS Practice Standards

NDIS providers must comply with the NDIS Practice Standards:

This consists of:

Person-centred supports

Each participant accesses supports that promote, uphold and respect their legal and human rights and is enabled to exercise informed choice and control. The provision of supports promotes, upholds and respects individual rights to freedom of expression, self-determination and decision-making.

Individual values and beliefs

Each participant accesses supports that respect their culture, diversity, values and beliefs.

Privacy and dignity

Each participant accesses supports that respect and protect their dignity and right to privacy.

Independence and informed choice

Each participant is supported by the provider to make informed choices, exercise control and maximise their independence relating to the supports provided.

Violence, abuse, neglect, exploitation and discrimination

Each participant accesses supports free from violence, abuse, neglect, exploitation or discrimination.

This consists of:

Governance and operational management

Each participant’s support is overseen by robust governance and operational management systems relevant (proportionate) to the size, and scale of the provider and the scope and complexity of supports delivered.

Risk management

Risks to participants, workers and the provider are identified and managed.

Quality management

Each participant benefits from quality management systems relevant and proportionate to the size and scale of the provider, which promotes continuous improvement of support delivery.

Information management

Management of each participant’s information ensures that it is identifiable, accurately recorded, current and confidential. Each participant’s information is easily accessible to the participant and appropriately utilised by relevant workers.

Feedback and complaints management

Each participant has knowledge of and access to the provider’s complaints management and resolution system. Complaints and other feedback made by all parties are welcomed, acknowledged, respected and well-managed.

Incident management

Each participant is safeguarded by the provider’s incident management system, ensuring that incidents are acknowledged, responded to, well-managed and learned from.

Human resources management

Each participant’s support needs are met by workers who are competent in relation to their role, hold relevant qualifications, and who have relevant expertise and experience to provide person-centred support.

Continuity of supports

Each participant has access to timely and appropriate support without interruption.

Emergency and disaster management

Emergency and disaster management includes planning that ensures that the risks to the health, safety and wellbeing of participants that may arise in an emergency or disaster are considered and mitigated and ensures the continuity of supports critical to the health, safety and wellbeing of participants in an emergency or disaster.

This consists of:

Access to supports

Each participant accesses the most appropriate supports that meet their needs, goals and preferences.

Support planning

Each participant is actively involved in the development of their support plans. Support plans reflect participant needs, requirements, preferences, strengths and goals, and are regularly reviewed.

Service Agreements with participants

Each participant has a clear understanding of the supports they have chosen and how they will be provided.

Responsive support provision

Each participant accesses responsive, timely, competent and appropriate supports to meet their needs, desired outcomes and goals.

Transitions to or from a provider

Each participant experiences a planned and co-ordinated transition to or from the provider.

This consists of:

Safe environment

Each participant accesses supports in a safe environment that is appropriate to their needs.

Participant money and property

Participant money and property is secure, and each participant uses their own money and property as they determine.

Management of medication

Each participant requiring medication is confident their provider administers, stores and monitors the effects of their medication and works to prevent errors or incidents.

Mealtime management

Each participant requiring mealtime management receives meals that are:

  • nutritious
  • of a texture that is appropriate to their individual needs
  • appropriately planned
  • prepared in an environment and manner that meets their individual needs and preferences
  • delivered in a way that is appropriate to their individual needs
  • enjoyable.

Management of waste

Each participant, each worker, and any other person in the home is protected from harm as a result of exposure to waste, and infectious or hazardous substances generated during the delivery of supports.

This consists of:

Complex bowel care

Each participant requiring complex bowel care receives appropriate support relevant (proportionate) to their individual needs.

Enteral (naso-gastric tube – jejunum or duodenum) feeding and management

Each participant requiring enteral feeding and management receives appropriate nutrition, fluids and medication, relevant and proportionate to their individual needs.

Severe dysphagia management

Each participant requiring severe dysphagia management receives appropriate support that is relevant and proportionate to their individual needs and preferences.

Tracheostomy management

Each participant with a tracheostomy receives appropriate suctioning and management of their tracheostomy relevant and proportionate to their individual needs.

Urinary catheter management

Each participant with a catheter receives appropriate catheter management relevant and proportionate to their individual needs.

Ventilator management

Each participant requiring ventilator management receives appropriate support relevant and proportionate to their individual needs and the specific ventilator used.

Subcutaneous injections

Each participant requiring subcutaneous injections receives appropriate support relevant and proportionate to their individual needs and specific subcutaneous injections and medication administered.

Complex wound management

Each participant requiring complex wound management receives appropriate support relevant and proportionate to their individual needs.

This consists of:

Behaviour support in the NDIS

Each participant accesses behaviour support that is appropriate to their needs which incorporates evidence-informed practice and complies with relevant legislation and policy frameworks.

Restrictive practices

Each participant is only subject to a restrictive practice that meets any state and territory authorisation (however described) and requirements, and the relevant requirements and safeguards outlined in the Commonwealth legislation and policy.

Functional behaviour assessments and behaviour support plans

Each participant’s quality of life is maintained and improved by tailored, evidence-informed behaviour support plans that are responsive to their needs.

Supporting the implementation of the behaviour support plan

Each participant’s behaviour support plan is implemented effectively to meet the participant’s behaviour support needs.

Behaviour support plan monitoring and review

Each participant has a current behaviour support plan that reflects their needs, improves their quality of life and supports their progress towards positive change. The plan progresses towards the reduction and elimination of restrictive practices, where these are in place for the participant.

Reportable incidents involving the use of a restrictive practice

Each participant that is subject to an emergency or unauthorised use of a restrictive practice has the use of that practise reported and reviewed.

Interim behaviour support plans

Each participant with an immediate need for a behaviour support plan receives an interim behaviour support plan which minimises the risk to the participant and others.

This consists of:

Behaviour Support in the NDIS

Each participant accesses behaviour support that is appropriate to their needs which incorporates evidence-informed practice and complies with relevant legislation and policy frameworks.

Regulated restrictive practices

Each participant is only subject to a regulated restrictive practice that meets any state and territory authorisation (however described) and requirements, and the relevant requirements and safeguards outlined in Commonwealth legislation and policy.

Supporting the assessment and development of behaviour support plans

Each participant’s quality of life is maintained and improved by tailored, evidence-informed behaviour support plans that are responsive to their needs.

Behaviour support plan implementation

Each participant’s behaviour support plan is implemented effectively to meet the participant’s behaviour support needs.

Monitoring and reporting the use of regulated restrictive practices

Each participant is only subject to a restrictive practice that is reported to the NDIS Quality and Safeguards Commission.

Behaviour support plan review

Each participant has a current behaviour support plan that reflects their needs, and works towards improving their quality of life, reducing behaviours of concern, and reducing and eliminating the use of restrictive practices.

Reportable incidents involving the use of a restrictive practice

Each participant that is subject to an emergency or unauthorised use of a restrictive practice has the use of that practice reported and reviewed.

Interim behaviour support plans

Each participant with an immediate need for a behaviour support plan receives an interim behaviour support plan based on evidence-informed practice, which minimises risk to the participant and others.

This consists of:

The Child

Each child participant accesses supports that:

  • promote and respect their legal and human rights
  • support their development and functional skills
  • enable them to participate meaningfully and be included in everyday activities with their peers.

The Family

Each family receives family-centred supports that are culturally inclusive, responsive, and focus on their strengths.

Inclusion

Each participant accesses supports that engage their natural environments and enable inclusive and meaningful participation in their family and community life.

Collaboration

Each participant receives coordinated supports from a collaborative team comprising their family, the provider and other relevant providers, to facilitate their development and address the family’s needs and priorities.

Capacity building

Each participant receives supports that build the knowledge, skills and abilities of the family and other collaborating providers in order to support the child’s learning and development.

Evidence-informed practice

Each participant receives evidence-informed supports from providers with quality standards and validated practice.

Outcomes based approach

Each participant receives supports that are outcome-based and goal-focused.

This consists of:

Specialised support co-ordination

Each participant receiving specialised co-ordination receives tailored support to implement, monitor and review their support plans and reduce the risk and complexity of their situation.

Management of a participant’s NDIS supports

Each participant exercises meaningful choice and control over their supports and maximises the value for money they receive from their supports.

Conflict of interest

Each participant receives transparent, factual advice about their support options which promotes choice and control.

This consists of:

Rights and responsibilities

Each participant’s access to specialist disability accommodation dwellings is consistent with their legal and human rights and they are supported to exercise informed choice and control.

Conflict of interest

Each participant’s right to exercise choice and control over other NDIS support provision is not limited by their choice of specialist disability accommodation dwelling.

Service agreements with participants

Each participant is supported to understand the terms and conditions that apply to their specialist disability accommodation dwelling and the associated service and/or tenancy agreements.

Enrolment of SDA properties

Each participant’s specialist disability accommodation dwelling meets the requirements of the design type, category and other standards that were identified through the dwelling enrolment process.

Tenancy management

Each participant accessing a specialist disability accommodation dwelling is able to exercise choice and control and is supported by effective tenancy management.

This consists of:

Human resource management

Each participant’s support needs are met by workers who are:

  • competent in relation to their role
  • hold relevant qualifications
  • have relevant expertise and experience to provide person-centred support.

Incident management

Each participant is safeguarded by the provider’s incident management system, ensuring that incidents are acknowledged, responded to, well-managed and learned from.

Complaint management

Each participant has knowledge of and access to the provider’s complaints management and resolution system. Complaints made by all parties are welcomed, acknowledged, respected and well-managed.

Risk management

Risks to participants, workers and the provider are identified and managed.

Source: Commonwealth of Australia, NDIS Quality and Safeguards Commission, NDIS Practice Standards and Quality Indicators, Version 4, November 2021

Mental health and wellbeing principles

The mental health and wellbeing principles consist of the following:

The rights, dignity and autonomy of a person living with mental illness or psychological distress is to be promoted and protected and the person is to be supported to exercise those rights.

A person living with mental illness or psychological distress is to be provided with access to a diverse mix of care and support services.

This is to be determined, as much as possible, by the needs and preferences of the person living with mental illness or psychological distress including their:

  • accessibility requirements
  • relationships
  • living situation
  • experience of trauma
  • level of education
  • financial circumstances
  • employment status.

Mental health and wellbeing services are to be provided to a person living with mental illness or psychological distress with the least possible restriction of their rights, dignity and autonomy with the aim of promoting their recovery and full participation in community life.

The views and preferences of the person should be key determinants of the nature of this recovery and participation.

Supported decision-making practices are to be promoted.

Persons receiving mental health and wellbeing services are to be supported to make decisions and to be involved in decisions about their assessment, treatment and recovery including when they are receiving compulsory treatment.

The views and preferences of the person receiving mental health and wellbeing services are to be given priority.

Families, carers and supporters (including children) of a person receiving mental health and wellbeing services are to be supported in their role in decisions about the person’s assessment, treatment and recovery.

The lived experience of a person with mental illness or psychological distress and their carers, families and supporters is to be recognised and valued as experience that makes them valuable leaders and active partners in the mental health and wellbeing service system.

The medical and other health needs of people living with mental illness or psychological distress are to be identified and responded to, including any medical or health needs that are related to the use of alcohol or other drugs. In doing so, the ways in which a person’s physical and mental health needs may intersect should be considered.

A person receiving mental health and wellbeing services has the right to take reasonable risks in order to achieve personal growth, self-esteem and overall quality of life.

The health, wellbeing and autonomy of children and young people receiving mental health and wellbeing services are to be promoted and supported, including by providing treatment and support in age and developmentally appropriate settings and ways. It is recognised that their lived experience makes them valuable leaders and active partners in the mental health and wellbeing service system.

The diverse needs and experiences of a person receiving mental health and wellbeing services are to be actively considered noting that such diversity may be due to a variety of attributes including gender identity, sexual orientation, sex, ethnicity, language, race, religion, faith or spirituality, class, socioeconomic status, age, disability, neurodiversity, culture, residency status, and geographic disadvantage.

Mental health and wellbeing services are to be provided in a manner that:

  • is safe, sensitive and responsive to the diverse abilities, needs and experiences of the person including any experience of trauma; and
  • considers how those needs and experiences intersect with each other and with the person’s mental health.

People receiving mental health and wellbeing services may have specific safety needs or concerns based on their gender.

Consideration is therefore to be given to these needs and concerns and access is to be provided to services that:

  • are safe
  • are responsive to any current experience of family violence and trauma or any history of family violence and trauma
  • recognise and respond to the ways gender dynamics may affect service delivery, treatment and recovery
  • recognise and respond to the ways in which gender intersects with other types of discrimination and disadvantage.

Mental health and wellbeing services are to be culturally safe and responsive to people of all racial, ethnic, faith-based and cultural backgrounds.

Treatment and care is to be appropriate for, and consistent with, the cultural and spiritual beliefs and practices of a person living with mental illness or psychological distress.

Regard is to be given to the views of the person’s family and, to the extent that it is practicable and appropriate to do so, the views of significant members of the person’s community.

Regard is to be given to Aboriginal and Torres Strait Islander people’s unique culture and identity, including connections to family and kinship, community, Country and waters.

Treatment and care for Aboriginal and Torres Strait Islander peoples is, to the extent that it is practicable and appropriate to do so, to be decided and given having regard to the views of elders, traditional healers and Aboriginal and Torres Strait Islander mental health workers.

The needs, wellbeing and safety of children, young people and other dependents of people receiving mental health and wellbeing services are to be protected.

Source: Mental Health and Wellbeing Act 2022 (Vic)

National Safety and Quality Health Service Standards

Leaders of a health service organisation have a responsibility to the community for continuous improvement of the safety and quality of their services, and ensuring that they are person centred, safe and effective. This consists of:

Governance, leadership and culture

Leaders at all levels in the organisation set up and use clinical governance systems to improve the safety and quality of health care for patients.

Patient safety and quality systems

Safety and quality systems are integrated with governance processes to enable organisations to actively manage and improve the safety and quality of health care for patients.

Clinical performance and effectiveness

The workforce has the right qualifications, skills and supervision to provide safe, high-quality health care to patients.

Safe environment for the delivery of care

The environment promotes safe and high-quality health care for patients.

Leaders of a health service organisation develop, implement and maintain systems to partner with consumers. These partnerships relate to the planning, design, delivery, measurement and evaluation of care. The workforce uses these systems to partner with consumers. This consists of:

Clinical governance and quality improvement systems to support partnership with consumers

Systems are designed and used to support patients, carers, families and consumers to be partners in healthcare planning, design, measurement and evaluation.

Partnering with patients in their own care

Systems that are based on partnering with patients in their own care are used to support the delivery of care. Patients are partners in their own care to the extent that they choose.

Health literacy

Health service organisations communicate with patients in a way that supports effective partnerships.

Partnering with consumers in organisational design and governance

Consumers are partners in the design and governance of the organisation.

Leaders of a health service organisation develop, implement and monitor systems to:

  • prevent, manage and control infections and antimicrobial resistance
  • reduce harm for patients, consumers and members of the workforce
  • achieve good health outcomes for patients.

The workforce uses these systems to minimise and manage risks to patients and consumers. This consists of clinical governance and quality improvement systems that are in place to:

  • prevent and control infections
  • support antimicrobial stewardship
  • support sustainable use of infection prevention and control resources.

Leaders of a health service organisation describe, implement and monitor systems to reduce the occurrence of medication incidents, and improve the safety and quality of medication use. The workforce uses these systems. This consists of:

  • clinical governance and quality improvement to support medication management
  • documentation of patient information
  • continuity of medication management
  • medication management processes.

Leaders of a health service organisation set up and maintain systems and processes to support clinicians to deliver comprehensive care.

They also set up and maintain systems to prevent and manage specific risks of harm to patients during the delivery of health care.

The workforce uses the systems to deliver comprehensive care and manage risk. This consists of:

  • clinical governance and quality improvement to support comprehensive care
  • developing a comprehensive care plan
  • delivering comprehensive care
  • minimising patient harm.

Leaders of a health service organisation set up and maintain systems and processes to support effective communication:

  • with patients, carers and families
  • between multidisciplinary teams and clinicians; and
  • across health service organisations.

The workforce uses these systems to effectively communicate to ensure safety. This consists of:

  • clinical governance and quality improvement to support effective communication
  • correct identification and procedure matching
  • communication at clinical handover
  • communication of critical information
  • documentation of information.

Leaders of a health service organisation describe, implement and monitor systems to ensure the safe, appropriate, efficient and effective care of patients’ own blood, as well as other blood and blood products. The workforce uses the blood product safety systems. This consists of:

  • clinical governance and quality improvement to support blood management
  • prescribing and clinical use of blood and blood products
  • managing the availability and safety of blood and blood products.

Leaders of a health service organisation set up and maintain systems for recognising and responding to acute deterioration. The workforce uses the recognition and response systems. This consists of:

  • clinical governance and quality improvement to support recognition and response systems
  • detecting and recognising acute deterioration and escalating care
  • responding to acute deterioration.

Source: Commonwealth of Australia, Australian Commission on Safety and Quality in Health Care, Second edition, May 2021

Safety Quality & Care Legal Services can assist individuals and organisations to develop and implement systems, policies and procedures to help comply with these standards.

It can also assist individuals and organisations to train and educate employees, contractors, volunteers, children and young people, other vulnerable people, parents and carers, and their communities about the standards, and their respective roles and responsibilities in implementing and enforcing these standards.

Assessments, audits and reviews

Individuals and organisations that provide services, programs, facilities or activities to children and young people, and other vulnerable people may be assessed, audited or reviewed for their implementation of the relevant standards.

In some cases, the Regulator may also assign a rating to the service, program or facility for their level of compliance with these standards. For example:

Education and care services are periodically assessed against the National Quality Standards and their compliance with the Education and Care Services National Law Regulations and assigned a rating. The rating ranges from excellent to significant improvement required.

Regulators may also investigate and take action if individuals and organisations have failed to comply with the relevant standards and obligations. This regulatory action may include:

  • issuing compliance notices or directions
  • imposing conditions or restrictions on registration
  • varying or amending a provider’s registration to limit the services, programs, facilities and activities that can be provided
  • suspending or cancelling registration.

These assessments, audits, reviews, investigations and regulatory actions help ensure that the services, programs, facilities and activities being provided to children and young people, and other vulnerable people are of high quality, and meet the standards that are expected of them.

Safety Quality & Care Legal Services can support individuals and organisations to conduct an internal audit or review of their compliance with these obligations.

We can also provide comprehensive advice and support to individuals and organisations who are being assessed, reviewed, audited or investigated by a regulatory body.

Funding obligations

Government and other bodies that provide funding and grants may also impose conditions and expectations regarding the way in which the services, programs, facilities or activities are to be delivered.

For example, the Victorian Department of Families, Fairness and Housing and the Victorian Department of Health include the following specific obligations in their Service Agreements:

  • The organisation must use the funding in the way outlined in the agreement.
  • The organisation must conduct referee checks, police checks, Working with Children clearances and other staff safety screening as appropriate.
  • The organisation must comply with the Child Safe Standards if it provides services, programs, facilities or activities to children.
  • The organisation must comply with the reportable conduct scheme.
  • The organisation must act in accordance with the Charter of Human Rights and Responsibilities Act 2006 (Vic).
  • The organisation’s practices and systems must protect personal and health information and comply with the Privacy and Data Protection Act 2014 (Vic), the Health Records Act 2001 (Vic), and the Privacy Act 1988 (Cth).
  • The health and welfare of staff must be protected in accordance with occupational health and safety requirements.
  • The organisation must have appropriate insurance, including public liability insurance, professional indemnity insurance, and insurance to cover incidents of child abuse (if appropriate).
  • The organisation must record and respond to feedback, including compliments and complaints regarding the funded services, programs, facilities and activities.

Funding bodies may take action if an individual or organisation fails to comply with these conditions and expectations. The action taken may include suspending and cancelling the funding or grant.

Safety Quality & Care Legal Services can support individuals and organisations to conduct an internal audit or review of their compliance with these obligations.

We can also provide comprehensive advice and support to individuals and organisations who are being reviewed, audited or investigated by a funding body.

keyboard_arrow_up