Practitioners' guide to the Disability Act 2006

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Published by Victorian Government, Department of Human Services,Melbourne, Victoria. August 2011.

© Copyright State of Victoria, Department of Human Services, 2011.

This publication is copyright. No part may be produced by any process except in accordance with theprovisions of the Copyright Act 1968.

Authorised by the State Government of Victoria, 50 Lonsdale Street, Melbourne.

Print managed by Finsbury Green. Printed on sustainable paper.
August 2011.

Table of contents

Introduction

How to use this guide

Topic 1 Intent and guiding principles of the Act

Topic 2 Being included in the community

Topic 3 Access to disability services

Topic 4a Planning for people

Topic 4b Support plans

Topic 5a Strengthening rights in residential services

Topic 5b Community residential units

Topic 6 Providing better complaint and review systems

Topic 7 Providing high-quality services

Topic 8a Protecting the rights of people subject to restrictive interventions

Topic 8b Behaviour support plans

Topic 8c Protecting the rights of people subject to compulsory treatment

Glossary

Links to further information

Quiz answers

Introduction

Welcome to the Disability Act 2006(the Act) guide for practitioners. This guide has been developed by the Department of Human Services (the department) to provide advice and direction for people (practitioners) working within the disability support sectorto ensure that services are aligned with the Act.

About this guide

This guide is designed to assist you, the practitioner, to meet the requirements of the Act.

It will function as a valuable reference tool to assist your understanding of this important legislation and how it applies to the provision of services to people with a disability.

Obtaining skills in the delivery of services or information on policies and procedures of any specific Disability Service Provider (DSP) will need to be sourced elsewhere. Policies that are referred to in this guide are the policies of the department.

Structure and purpose

There currently exist a number of technical guides and references to the Act, which can be accessed via the department’s website at This guide is structured to provide an overview of various sections of the Act and provide practical examples of how they may be applied in support provision.

Just as each person with a disability is unique, so are their life experiences. The examples in this guide are not designed to cover every possible scenario experienced by people with a disability. Rather, they are aimed at reinforcing the intent of the Act through practical examples of common situations.

As a practitioner, it is important to be aware of the circumstances of each person you interact with and familiarise yourself with their unique situation and relevant factors. If you are in doubt about your responsibilities, always check with a supervisor.

The Disability Act 2006

The Disability Act 2006commenced on 1 July 2007. The Act provides the framework to enable people with a disability to more actively participate in the community. The Act is guided by the principles of human rights and citizenship.

The Act also provides the framework to deliver more flexible support based on maximum choice and a person’s individual requirements.

This guide includes the following topics:

  • intent and guiding principles of the Act
  • being included in the community
  • access to disability services
  • planning for people
  • strengthening rights in residential services
  • providing better complaint and review systems
  • providing high quality services
  • protecting the rights of people subject to restrictive interventions and compulsory treatment.

How to use this guide

The guide consists of 8 topics, which are arranged to cover the key areas of the Act.
A glossary of terms isalso included.

The package will take approximately one hour to read through and is designed to be self paced. It providespractitioners with an overview of each topic, with a brief assessment task
at the end of each one. Links arealso provided to enable self assessment and more in-depth exploration of each topic.

The topics are organised into the following sections:

  • Key information about the Act, which includes the references for the relevant sections of the Act.
  • What does this mean for your work? Including key messages and case studies.
  • A brief assessment task, to allow you to assess your own learning.
  • Links to further information, including policies, guidelines and web addresses.

Topic 1 Intent and guiding principles of the Act

Topic 1 Intent and guiding principles of the Act

Key information about the Act

The purpose of the Act is to provide a new legislative scheme for persons with a disability which reaffirms and strengthens their rights and responsibilities and which is based on the recognition that this requires support across the government sector and within the community.

Disability Act 2006, Section 1.

The Act outlines two sets of principles that, wherever possible, should be used when providing disabilityservices. The first set of principles include that people with a disability should have the same rights andresponsibilities as other members of the community. The second set of principles highlight disability serviceproviders’ responsibilities in the provision of supports and services. The full description of the principlescan be referenced within the Act at Section 5 (1), (2), (3), and (4).

Broadly these principles relate to:

  • people with a disability being afforded the same rights and responsibilities as other members of the community
  • disability services being designed and provided in a way that reflects each person’s individual needs (such as considerations for accessibility of information, community inclusion, cultural background and advocacy).

The Act specifies that if there is a restriction on a person’s rights or opportunities, the option chosen mustbe the least restrictive possible in the circumstances.

The Act also sets out the requirements for providing information to ensure that people with a disabilityare fully informed of their rights and responsibilities. This information must, where possible, be explainedto the person and provided in a format that the person is most likely to understand.

Relevant sections of the Act

1-5, 7, 89

What does this mean for your work?

As a practitioner, it is important to remain aware of the principles of the Act when supporting peoplewith a disability.

Provide information that is easily understood by the person with a disability

Consider that there will be a range of factors that influence how each person communicates and takes inthe information presented to them. By knowing about each person and knowing effective communicationtechniques, it will be possible to ensure successful communication. Think outside the square and rememberthat collaboration often yields the best results. If a person with a disability wishes, practitioners shouldwork in partnership with family, carers, friends or community organisations. This can promote the processof establishing trust while quickly overcoming many communication hurdles.

Access information in a manner appropriate to the communication and cultural needs of the person with a disability

This is a critical point, and reflects the need for practitioners to be aware of the specific communicationneeds and cultural considerations of people they are supporting.

Halaia lived with her parents before she moved to a group home. Halaia's parents were born in Greece and Greek culture remains an important part of their lives. Halaia speaks some English but she and her parents speak mainly Greek at home. Halaia can recognise many symbols and a few words.

Before Halaia moved into the group home the practitioners worked with Halaia’s extended family to learn how to communicate with Halaia about day -to-day activities.

A communication book, posters and cards were made, containing pictures of items and activities. Each picture was labelled with the English and Greek name (with phonetic pronunciation for non-Greek-speaking people) to assist the practitioners to communicate with Halaia.

Halaia's mother was able to teach the staff and Halaia how to make some of Halaia’s favourite meals. These meals were photographed and labelled to assist Halaia to choose meals.

Be sure to fully inform people with a disability about services

Remember that services provided for people with a disability have an impact on their standard of living.People with a disability have a right to be fully informed about what supports they will receive from adisability service provider. Consider creative and interesting ways to keep people with a disability in theinformation loop. Practitioners may also need to provide a family member or carer, friend, guardian oradvocate with written information about these supports.

Josie was excited about moving to a residential service that was closer to her friends and family. However, she was a little hesitant about meeting new people.

As part of the transition process, a meeting was arranged for Josie and her family to get together with practitioners and residents from her current and new DSP so everyone could get to know one another and establish rapport.

This relaxed introduction was a great experience for Josie and was also a good way for the new practitioners and residents to get to know her and find out her likes and dislikes in preparation for her move.

Respect for human worth and dignity as individuals

People with a disability have the right to make their own choices like all other members of the community.This may include how and where they live, food, entertainment, leisure and friends.

Margie has an intellectual disability and limited mobility. She lives in a house with four other people. She also enjoys drinking beer and wine and likes a drink with most evening meals. Margie is able to choose her own drinks and can decide how much she can drink by herself.

Margie has the right to choose to drink and it is important that practitioners working in the residential service find ways to support that choice, regardless of their personal preferences.

In line with Section 5.1.5 of the Residential services practice manual, the DSP created an individualised process to enable a staff member to assist Margie to buy alcohol.

By working with Margie, practitioners have been able to sensitively promote responsible drinking while supporting her to make her own decisions.

Actively participate in decisions

People should be supported in the decisions that they make through encouragement and appropriateadvice or support where needed.

Be supported in individual choices

Our ability to make personal choices is part of our unique identity, however many people with a disabilityare provided with less choice than members of the wider community. For this reason, it is important to beaware of the choices available to a person and respect and promote their right to make these choices.

Live free from abuse, neglect and exploitation

Every person with a disability should be able to live a comfortable life in their own home in their owncommunity free from abuse, neglect or exploitation.

Links to further information

Provision of information policy – policy and information manual

Quality framework for disability services

Cultural & linguistic diversity strategy

Quiz 1 Intent and guiding principles of the Act

  1. What are some of the ways you can effectively communicate with a person with a disability?

a. verbally

b. with pictures and images

c. through writing

d.in the language of the person’s choice

e. any or all of the above.

  1. Please indicate for each statement whether it is true or false.

Statement / T or F
Information provided to a person with a disability should be provided in a way the person is most likely to understand.
People with a disability should be supported in their individual choices.
The communication and cultural needs of a person with a disability should be taken into account when information is provided.
It is the responsibility of the person with a disability (and/or their family and carers) to find out about the services available from their DSP.
People with a disability should actively participate in decisions that affect their lives.
  1. For each statement below, indicate whether it aligns with the guiding principles of the Act.

Statement / T or F
Any restriction to the rights or opportunities of a person with a disability must be used only as a last resort, and the least restrictive option must be used.
Services for a person with a disability should be designed and provided to meet the person’s individual needs.
People with a disability have the same rights and responsibilities as other members of the community.

Topic 2 Being included in the community

Topic 2 Being included in the community

Key information about the Act

One of the objectives of the Act is to advance the inclusion and participation in the community of peoplewith a disability. Through the development of a stronger whole-of-government and whole-of-communityresponse, opportunities to strengthen collaboration between disability services and the wider communitycan be created.

The Act provides for the functions of the Victorian Disability Advisory Council, and requires the developmentof a Disability Action Plan.

  • The Victorian Disability Advisory Council (VDAC)

The VDAC provides advice to the Minister for Community Services on issues that affect people with a disability. The VDAC is a way for people with a disability to have a say in decision making on whole-of-government policy issues. Most council members have a disability and they come from a range of different backgrounds.

  • The State Disability Plan

The current Victorian State Disability Plan (2002-12) sets the policy framework to drive positive changes in the provision of support and services for people with a disability. It is not limited to those organizations directly involved in the provision of disability services but includes broader community goals and expectations.

The Victorian State Disability Plan’s vision for the future is that:

By 2012, Victoria will be a stronger and more inclusive community — a place where diversity is embracedand celebrated, and where everyone has the same opportunities to participate in the life of thecommunity, and the same responsibilities towards society as all other citizens of Victoria.

A new plan will be required in January 2013.

  • Disability Action Plans

A Disability Action Plan is a plan designed to reduce barriers for people with a disability being able to participate as active community members, and make it easier for people with a disability to use services that are available to all Victorians.

Government departments and statutory bodies must have a Disability Action Plan and report annually ontheir progress.

Relevant sections of the Act

4, 5, 7, 11-13, 37, 38

What does this mean for your work?

As a practitioner, it is important to promote inclusiveness through your role of providing support for peoplewith a disability.

People with a disability have the same rights and responsibilities as other members of the community.Working towards the acknowledgement of these rights requires that you work with the community andother organisations to improve opportunities for people with a disability to be actively involved.

Equal rights as those afforded all members of the community

Ensure that the basis of any support is to encourage and empower people with a disability to have equalopportunities to participate in their community.

A DSP that provides both residential and in-home services has introduced a community access program and has appointed a coordinator to develop programs and activities for people with a disability.

A number of activities will be available for people to participate in. The activities will be decided by participants and may include sports such football and swimming, or leisure activities such as shopping, movies, libraries, museums, the zoo and the science centre.

A community volunteering program was developed to source local volunteers who could assist individuals and small groups to engage with their community in specific ways.

The coordinator also joined a network of local organisations providing social and special interest activities for anyone within the community. Information on these groups is sent to everyone across the DSP.

Further information in regard to human rights can be found through the Victorian Charter of Human Rights and Responsibilities Act 2006 and the United Nations Convention on the Rights of Persons with Disabilities.

Focus on the individual interests of people with a disability

For community inclusion to be effective, the types of activities being participated in should be somethinga person with a disability wants to do.

Work collaboratively

Working in collaboration generally brings rewards for everyone involved. Collaboration could includefriends, family and carers, other service organisations, community organisations and social groups or clubs.

Jenny is an enthusiastic rugby league fan but her interest is not shared by any of the people she works or lives with. In recent seasons, she has been disappointed by her lack of success in finding someone to go to matches with her.

Jenny’s DSP offered to explore some options with her to increase her involvement in the sport, including an active membership with her club.

With Jenny’s permission and involvement, calls were made to the club (of which she is now a proud member) and the local volunteer centre, and an email was sent to staff of the DSP and other nearby DSPs to find other league fans who would be interested in going to matches with Jenny.

Over the following season, Jenny attended nearly all her team’s matches as well as a number of the club’s community events, supporting fundraising efforts by donating some scarves she had knitted in the team colours.

Think outside the square

Pre-conceived ideas of what may be appropriate or achievable often create barriers that prevent peoplewith a disability from participating in the community. Focus on where people can be involved and look forways to make it happen through creative and innovative thinking.