Access Arts Policy 4.1: Abuse, Neglect and Exploitation Policy

Abuse, Neglect and Exploitation Policy

All Access Arts policies relate to all staff as well as members.

Access Arts Inc. defines a member as any person who has filled out a membership form to join the organisation.

Staff are defined as persons engaged in office, workshop/project or program, volunteer or student placement work with Access Arts Inc.

Purpose:
To prevent any instances of abuse, neglect or exploitation from occurring at any Access Arts workshops, projects, programs or events, or in the workplace.

To ensure that all Access Arts Inc. members and staff are aware of the mechanisms of support should they witness or be the victim of abuse, neglect or exploitation.

Aims:

  • Access Arts Inc is committed to providing a safe and secure environment for all members, staff, and all children who attend any Access Arts workshops, projects, programs or events
  • Access Arts policies and procedures aim to reduce the risk of abuse occurring and ensure that a caring and appropriate response is taken should abuse occur
  • To promote a zero tolerance policy on abuse, neglect or exploitation
  • To ensure that all Access Arts Inc. members and staff understand what constitutes abuse, neglect or exploitation
  • To help prevent abuse, neglect & exploitation by ensuring that all staff are appropriately screened for past violent or sexually related offence, by holding a current Disability Services Queensland positive notice

Definition of Abuse:

  • to hurt or injure by maltreatment
  • to force sexual activity on
  • to assail with contemptuous, coarse, or insulting words

Some actions may not be regarded as abuse, but are unacceptable behaviour for Access Arts staff and members. These include:

  • Inappropriate conversation of a sexual nature
  • Coarse language, especially of a sexual nature
  • Suggestive gestures or remarks
  • Jokes of a sexual nature
  • Inappropriate touching
  • Inappropriate literature
  • Acts of violence committed by staff in the course of an activity

The age of individuals is recognised as one of the determinants in deciding what acceptable and unacceptable behaviour is. The Chief Executive Officer and Management Committee will ensure that high standards of conduct are maintained at all times.

Definition of Neglect:

  • Failure to provide responsible supervision
  • Failure to provide a safe workplace or workspace for any Access Arts Inc. related activities
  • Failure to render assistance in matters of Workplace Health and Safety
  • Failure to assist with appropriate medical care when required, in a timely manner

Definition of Exploitation:

  • Access Arts defines exploitation as any act that victimises or treats someone unfairly
  • This also refers to the selfish or unfair use of someone for one's own advantage
  • Exploitation is a form of abuse

Policy:

  • People with disability who may be socially and/or physically isolated have a heightened vulnerability, which has the potential to raise the likelihood of abuse, neglect and exploitation. Additionally some people with disability may display complex and challenging behaviour, either intentionally or unintentionally, to fulfil a need/purpose. These behaviours may result in the person with disability also being a perpetrator of abuse.
  • All members, staff and Management Committee members have the right to the protection of legal and human rights and freedom from abuse, neglect and exploitation
  • All staff, including volunteers, student placements and Management Committee members must hold a current Disability Services Queensland positive notice
  • Incidents of abuse are unlikely to take place in front of another person and the presence of a witness can assist in clarifying questionable allegations. For these reasonstwo staff and/or volunteers should always be present when working with or supervising members in any Access Arts workshop, event or project
  • Staff have the right to ask people who do not have a valid reason to be present at any Access Arts activities to leave. Police may be contacted if such persons refuse to comply with any reasonable request to leave.
  • In the event of abuse, neglect or exploitation, clause three of the Privacy, Confidentiality & Freedom of Information policy will be made void. This clause states that "Confidential information relating to an individual is not to be released to anyone without written consent from the individual". Confidential information relating to an individual is to be released ONLY to the legal authorities.

Abuse, Neglect and Exploitation Procedure

Members and staff may enlist the support of an advocate at any time during the following process.
The advocate must sign a disclaimer which states that they are acting on the person’s behalf.

  1. If staff or members witness, receive an allegation of, or suspect that abuse, neglect or exploitation has taken place, it should be reported immediately to the Chief Executive Officer or his/her delegate, who will consider whether to report this to the Police and Access Arts insurer.

Similarly the Chief Executive or his/her delegate should also be notified immediately if a member or staff member discloses an incident of abuse that has occurred somewhere other than Access Arts Inc (e.g. home).

A suspicion of abuse, neglect or exploitation can be reasonably assumed if a person, or someone close to the person (e.g. relative, friend, carer), discloses that they have been abused.

The Chief Executive Officer will ensure that confidentiality is maintained regarding the issue and that the person who reported the suspicion will not experience discrimination as a result.

  1. Any allegation by a member or staff of Access Arts Inc and all details of the subsequent investigation will be documented promptly and the documents will be held in the locked filing cabinet in the Access Arts Office. Confidentiality will be maintained at all times.
  2. In cases where the suspicion is regarding the Chief Executive Officer, this will be reported to the President of the Management Committee. Confidentiality will be maintained regarding the issue.
  3. The alleged perpetrator will be immediately suspended from Access Arts and its associated programs and activities until the allegation is resolved.
  4. If the allegation is proved, the perpetrator will be permanently expelled and any necessary legal action will be taken immediately.
  5. Issues relating to abuse, neglect and exploitation are seen as critical incidents for all parties and therefore the support mechanisms outlined in the Critical Incident Procedure should be invoked. This includes independent counselling as requested.

Complies with Queensland Human Services Quality Standards (HSQS): 1, 3, 4, 5, 6
Update Responsibility: Chief Executive Officer
Date of last update: April/2016

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