2016

THE LEGISLATIVE ASSEMBLY FOR THEAUSTRALIAN CAPITAL TERRITORY

OFFICAL VISITOR FOR DISABILITY SERVICESANNUAL REPORT 2015-16

Presented byRachel Stephen-Smith MLAMinister For Disability, Children And Youth

OFFICIAL VISITORS DISABILITY SERVICESANNUAL REPORT SUMMARRY1 July 2015 to 30 June 2016

1.Introduction

2.Appointments

3.Administration

4.Activities

5.Number and kinds of complaints received by the OVDS

6.Number and kinds of matters referred by the OVDS to an investigating entity

7.Systemic or serious issues identified

8.Lack of Accessible Accommodation Options

9.Other Matters raised

10.Recommendation Summary

11.Conclusion

1.Introduction

The Official Visitor for Disability Services (OVDS) provides a mechanism to monitor the quality of services received by people accessing disability services in the ACT. The aim of the OVDS is to improve service quality and create better outcomes for people with disability and their families. The OVDS is part of the ACT Official Visitor Scheme and complements other safeguards in place for people with disability by providing an avenue for resolution of complaints in a proactive manner and by facilitating a forum to discuss and address personal concerns.

2.Appointments

An OVDS is appointed by the Attorney-General in consultation with the Minister for Disability Services. There are currently two part-time Official Visitors for Disability Services.

  • Ms Narelle Hargreaves OAM JP was originally appointed from 1 September 2013 for an initial six-month period. On 1 March 2014, Ms Hargreaves was appointed for an additional 12-month term and has been further appointed for a term which will expire on 28 February 2017.
  • Ms Sue Salthouse was appointed for a period of 12 months commencing 1 March 2014 and has been further appointed for a term which will expire on 28 February 2017.

3.Administration

The Public Trustee and Guardian for the ACT is responsible for the administration of the ACT Official Visitor Scheme. The Public Trustee and Guardian ACT has made a number of administrative arrangements regarding the ACT Official Visitor Scheme. These arrangements are:

  • an Official Visitor web page that can be accessed at
  • a centralised phone number for intake of contacts on 1800 150 036;
  • provision of business cards and identity cards for each Official Visitor;
  • development of a fact sheet, and postcard about the ACT Official Visitor Disability Services Scheme;
  • management of Official Visitor remuneration arrangements.

The Public Trustee and Guardian in conjunction with Disability ACT (DACT) commissioned the development of a series of explanatory videos, and along with the Fact Sheets, these can be accessed at: This explanatory information has been distributed to Housing ACT Group Accommodation Service Providers and other community organisations for information. During 2015-16 additional copies have been provided for new service providers.

DACT provides the DVDS with a Register of ’Visitable Places’, containing location and service provider management details of places within the definition of a ’Visitable Place’ under the ‘Visitable Places’ Register is updated on a quarterly basis. Regular updates have been provided to the OVDS as the group houses have transitioned to management under the National Disability insurance Scheme (NDlS), and as Residents have become NDlS Participants. The list of 'Visitable Places’ provided to the OVDS includes the address/location of the place, the number of individuals at the place, the relevant service provider and contact information.

Under the Disability Services (Service Providers) Amendment Act 2014, which came into effect on 1 July 2014, the role of the OVDS was strengthened The amended act ensures that the OVDS can continue to operate effectively during the National Disability Insurance Scheme (NDIS) trial and is not reliant on the existence of a funding relationship between a disability provider and the ACT Government.

The Disability Services ACT 1991 new states that a ’Visitable Place’ means:

a)accommodation provided for a person with disability for respite or long-term residentialpurposes other than a private home and

b)any residential age care facility that accommodates a person with disability who is less than65years old.

Once full rollout of the NDIS is achieved, scheduled to be by 30 September 2016, the ACT government will have no contracts with service providers. Options on how the Register will be maintained in an NDIS environment are currently being explored. The national Quality and Safeguards Framework for the NDIS will inform these decisions. Its anticipated release in 2016 has not eventuated.

The OVDS keep in regular contact with the Public Trustee. The secretariat function for the OVDS was transferred from DACT to the Human Services Registrar in the final quarter of the year. The OVDS seek advice from the ACT Disability and Community Services Commissioner as needed. During the year, matters have also been discussed with the Office of the Public Advocate. Thanks are due to the officers in these agencies for the assistance and advice given.

4.Activities

4.1Visitable Places

During the 2015-2016 year, all supported accommodation and respite services have had at least two visits from an OVDS. At least one visit has been made to all those people under 65 years ofage who are residing in residential aged care services. Some Residents in Group Accommodation and in Residential Aged Care have had more frequent visits.

The OVDS continue to hold semi-regular information meetings with a range of Service Providers, including presentations to the Disability Quarterly Fourm. The OVDS information kits, produced by ADACAS and Disability ACT in 2014, have been given to Providers and House Managers. Although all Visitable Places were given the kits during 2014, there are now new Providers for Group Accommodation and residential aged care services and the kits are helpful for the Operating Entity and the Residents themselves.

The OVDS continue to have ad hoc engagement with individuals with disabilities who do not reside in a Visitable Place, but where there are concerns for the quality of their care and/or for their safety in their homes or the community. These referrals are brought to the OVDS by support workers, parents/guardians, Operating Entities and on occasions, members of the public. The quality of care provided by support workers has not been implicated in any of thesereferrals for individuals whose residence is not a Visitable Place.

The OVDS continue to be satisfied with the quality of the accommodation support provided to people with disability who are residing in supported accommodation in the community. The transition to the National Disability Insurance Scheme (NDIS) for Residents has meant changes for all. In particular, all levels of staff in Disability ACT are commended for their intensive work to manage the transition to new Operating Entities and new property management. Although staffing instability was reported in December 2015, on the whole this has been done with least disruption to Residents and their families/guardians. The OVDS have received update about thetransitions as they happened.

DACT Support Workers have had to cope with significant changes to their work arrangements.Many have transferred to work at the same houses for new Operating Entities, whilst some havetransferred away from the disability sector. The new challenge, for managers and support workers alike, is to maximise the benefits to Residents of having an individually Funded Package (IFP) from the NDlS, giving more opportunity for choice and control in their day-to-day lives. Itis noted that some Operating Entities and support providers are pro-actively seeking opportunities to engage with mainstream organisations and personnel in order to increasecommunity participation. The OVDS also note that Residents are involved in a range of differentactivities conducted on a group basis for people with disabilities. Some activities includevolunteer, whilst some are employed in paid work.

On the whole the internal and external environments of the supported accommodation houses are of good quality. In a number of houses, maintenance is behind schedule, with some issues outstanding for more than 12 months. This situation has not been helped by the transition to new housing managers with an existing Scope of Work list being part of the handover. In addition, much of the housing stock is old so that more frequent maintenance may be needed.Similarly many Residents have lived in the same houses for one or two decades, and significantrenovations will be needed in order to enable them to ‘age-in-place’ in the same house.

During the 2015-2016 year, there have been changes to accommodation for people in residential aged care facilities, with one provider opening new premises in Griffith. Residents visited are relishing the new facilities and location. Another provider closed premises in Arandabut opened new premises in Stirling and Calwell. The OVDS noted in its June 2016 report thatthe provider of the Calwell facility has not allowed Official Visitors to visit residents.

The OVDS continue to note the generally good relationships between support staff and family members/guardians. In the 2015—2016 year of operation there have been fewer requests formeetings with family members/guardians, and family members/guardians are only occasionallypresent during house visits.

As at 19 May 2016 there were 115 Visitable Places group houses which accommodate 314 people, 17 residential aged care facilities which accommodate 57 people, and 6 respite facilities which have the capacity to accommodate 26 people (see Table 1)

Table 1: Visitable Places, 19 May 2016

Managing Organisation / Number of Places / Number of Residents
Disability ACT / 20 / 56
Specialist Disability Service / 95 / 258
Respite facilities / 6 / 261
Residential Aged Care Service / 17 / 57
Total / 138 / 371

1Respite places are also offered to people not in Visitable Places, and so are not included in the total of Residents

From 1 July 2015 to 30 June 2016, a total of 189 visits were to Vistable Places, Where contact was made with residents on 55 occasions. In addition 6 meetings of groups of residents were attended where contact was made with 41 individuals (see Table 2).

Table 2: Summary of Visits by Official Visitors Disability Services (1 July 2015 to 30 June 2016)

Visits to Group Houses / Number of Residents / Visits to Nursing Homes / Number of Residents / Residents’ Group Meeting / Number of Residents / Visits to Respite Houses / Number of Residents
Sue Salthouse 01/04/16 to 30/06/16 / 73 / 272 / 13 / 25 / 1 / 20 / 2 / 10
Narelle Hargreaves
01/04/16 to 30/06/16 / 113 / 277 / 11 / 30 / 5 / 21 / 1 / 1
Total / 186 / 549 / 24 / 55 / 6 / 41 / 3 / 11

In addition, a number of meetings were held with various organisations, referrals were received and followed up (see Table 3)

Table 3: Summary of meetings (1 July 2015 to 30 June 2016)

Exec.
DACT / DACT / Service Provider Exec[1] / Residents’ meeting / Family member/Guardian / Public Advocate / Public referral / Referral: person with disabilities / Referral:[2] ACT HRC/Advocate/ Trustee
4 / 6 / 6 / 4 / 3 / 2 / 4 / 1 / 3

4.2General

For the majority of visits made, no matters of concern are noted. Because Visitable Places have all now received a number of visits, the OVDS are recognised and familiar faces for Residents at the houses and in residential aged care facilities. However, a significant proportion of OVDS time is spent following up on matters which have arisen. Most of these are related to the condition of the houses, where the safety of Residents is compromised. Occasionally concern is raised about the quality of care provided by a support worker; occasionally where the quality of care provided by non-paid people is less than optimal, and occasionally where an individual is not treated respectfully in the wider community. Follow up meetings are held with theManagement of Operational Entities and property managers; the ACT Disability Commissioner, ACT Advocates, specific disability non-government organisations and family members/guardians.

On the whole households have stayed together as they have transitioned to the NDIS. Some Residents have taken this time of review as an opportunity to seek alternative accommodation, but this has been to other group houses. The lack of accessible public and private housing is a factor which prevents people moving to independent accommodation. One or two people who were in Residential Aged care facilities have moved to more independent accommodation. However, new people who are under 65 have moved into aged care. The OVDS is disappointed to see this happening, as there is an expectation that the NDIS will enable more people to live in the community rather than in institutional settings. A further concern is that where people have changed their place of residence, information is not automatically given to the OVDS by the NDIS or the new Operating Entity. The OVDS must then rely on being contacted by individuals or their family member/guardian. These issues have been raised in successive quarterly reports.

The OVDS have also raised their concerns about the challenge of finding suitable tenants to maintain the viability of the ACT’s showcase Intentional Community which houses 3 adults with disabilities in their own residences within a larger group of public housing. The OVDS have also noted construction of two new facilities by Project Independence which is: a social housing development for people with an intellectual disability. It represents a new model of home ownership. The project provides people with an intellectual disability the opportunity to acquire equity in a property, as well as the ability to live as independently as possible. ( OVDS will establish contact with Residents in these facilities once they are occupied.

Respite Care facilities continue to provide important services for families/guardians. A new facility for children with autism spectrum disorder, Ricky Stuart House, was opened towards the end of the financial year.

4.3Other Activities

On 21 August, the OVDS appeared before the Senate Community Affairs References Committee at its inquiry into violence, abuse and neglect against people with disability in institutional and residential settings. The submission can be viewed at:

Two meetings were held with the Public Trustee and DACT to discuss the possibility of introducing an electronic data base and reporting program

In December, the Public Trustee & Guardian organised a Training Day for all Official Visitors. A perspective on the Community Visitor program in Victoria was given by their Public Advocate. In addition more detailed information was given to the OVs about the Secure Mental HealthUnit and the Alexander Maconochie Centre. The day provided an opportunity for the OVs to share information about their respective portfolios. This is important because people with disabilities are over-represented in mental health, corrections and homelessness services.

5.Number and kinds of complaints received by the OVDS

During the 2015-2016 year, fewer complaints or referrals were received by the OVDS than in the previous year. In the first quarter, the OVDS received three complaints/referrals. One came from a member of the community, the second was raised following a direct referral to the ACT Disability Commissioner, and the third was raised by a support worker. Each case was followed up with the appropriate organisation. In the second quarter a family member raised their concern about the loss of a respite bed at one of the group home facilities. A temporary solution was found and the matter may be resolved in the long term with the bed remaining available for respite. Situations such as this cause a great deal of stress for families. in the third quarter, the OVDS assisted the management of a residential aged care facility to resolve a problem with the taxi services which were not responding to calls to transport a Resident a small distance to a regular afternoon activity in the same suburb.

In the fourth quarter, a number of contacts were made with a small long establish aged care group home which now has a number of residents with disabilities under 65 years of age, and has become a Visitable Place. There are challenges blending two groups of residents and the OVDS have assisted in this process.

The OVDS remain concerned that they are only empowered to make random visits to Visitable Places. When matters are raised about people not residing in a Visitable Place, a visit to a residence can only be made as a result of a specific invitation from the individual concerned. However, there was no instance where a referral to another authority with the power to enter a residence was needed. In all the matters raised, the additional focus of the OVDS resulted in higher levels of vigilance by service providers and support workers.

6.Number and kinds of matters referred by the OVDS to an investigating entity

As outlined above, matters were referred to investigating entities as appropriate. This included referral to the Disability and Community Services Commissioner and the Public Advocate. No matters were referred to the ACT Police.

7.Systemic or serious issues identified

7.1Residential Aged Care Facilities

On the whole, care provided to Residents in aged care facilities is good. In many cases, Residents have autonomy and flexibility to pursue activities outside the facility, and where greater support is needed, many managers assist Residents to maximise the community contact. However in several cases the OVDS have raised concerns about the lack of age- appropriate activities; lack of access to the community, and limited ability for activities to be undertaken individually. Where Residents have an IFP through the NDIS, there is now evidence that appropriate mobility aids, including wheelchair, are being purchased. This is a welcome change and improves the safety of individuals and will enable them to access the community more frequently.