Human Rights & Participant Rights Policy

1. Purpose

Safe Hands recognises that people with disability have the same fundamental human rights as all people. This policy affirms our commitment to:

• Respecting and upholding the rights, dignity, autonomy, and individuality of every participant
• Embedding a human rights approach in all aspects of service planning and delivery
• Creating an environment where participants are empowered to make decisions about their own lives
• Meeting the requirements of the NDIS Practice Standards (Quality Indicator 1.1 - Person-centred Supports)

2. Scope

This policy applies to all employees, contractors, volunteers, and students on placement at Safe Hands in all interactions with participants, their families, and carers.

3. Legislative and Regulatory Framework

• National Disability Insurance Scheme Act 2013 (Cth)
• NDIS (Provider Registration and Practice Standards) Rules 2018
• NDIS Code of Conduct 2018
• UN Convention on the Rights of Persons with Disabilities (UNCRPD)
• Disability Discrimination Act 1992 (Cth)
• Anti-Discrimination Act 1977 (NSW)
• Australian Human Rights Commission Act 1986
• Age Discrimination Act 2004 (Cth)

4. Participant Rights

All participants receiving supports from Safe Hands have the right to:

5. Worker Obligations

All Safe Hands workers must at all times:

• Treat participants with dignity and respect in all interactions
• Support and promote participants’ right to make their own decisions, even if workers disagree with those decisions
• Obtain informed consent before commencing or changing supports
• Maintain participant privacy and confidentiality
• Report any actual or suspected abuse, neglect, exploitation, or rights violations to their manager immediately
• Not impose their own values, beliefs, or preferences on participants
• Provide information in a format the participant can understand (plain English, Easy English, interpreter, visual aids)
• Not engage in any form of discrimination, harassment, or bullying
• Comply with the NDIS Code of Conduct at all times

6. Informed Consent

Participants must give voluntary, informed consent before receiving supports. Informed consent means the participant:

• Has been given clear, accurate information about the support in plain language
• Understands what the support involves, including any risks
• Is making the decision freely, without coercion or undue influence
• Has the capacity to make the decision (or has an authorised decision-maker who can consent on their behalf)

Consent may be given verbally or in writing depending on the nature of the support. For significant decisions (e.g. use of restrictive practices), written consent is required.

6.1 Capacity to Consent

Where a participant may have difficulty providing consent, we will:

• Provide information in accessible formats
• Allow adequate time for the participant to consider and decide
• Support the use of communication aids, interpreters, or advocates
• Where a formal substitute decision-maker (guardian or administrator) is appointed by a court or tribunal, obtain consent from that person

7. Independence, Inclusion, and Choice

Safe Hands is committed to supporting participants to live as independently as possible and to be included in their communities. We do this by:

• Designing supports around each participant’s individual goals, strengths, and preferences
• Providing the minimum necessary support to achieve goals - not doing things for participants that they can do themselves
• Actively facilitating opportunities for community participation and social connection
• Avoiding practices that create dependency or reduce participant autonomy
• Supporting participants to build and maintain relationships and connections of their choice

8. Preventing and Responding to Rights Violations

8.1 Prevention

We prevent rights violations through:

• Thorough worker screening (NDIS Worker Screening Check and Working with Children Check where required)
• Mandatory induction and training on the NDIS Code of Conduct and human rights obligations
• Regular supervision and performance review
• Clear reporting pathways for workers and participants

8.2 Responding to Rights Violations

When a rights violation is identified or reported, we will:

1. Take immediate action to ensure the safety of the participant
2. Record the incident in our Incident Register
3. Notify the participant and/or their authorised representative
4. Report to the NDIS Commission if the incident meets the threshold for a reportable incident (within 24 hours for critical incidents)
5. Conduct a thorough investigation
6. Implement corrective actions and a continuous improvement plan

9. Advocacy and Support

Participants have the right to access an advocate of their choice. Safe Hands will:

• Inform participants of their right to involve an advocate or support person in any discussion or decision
• Never obstruct a participant’s access to an advocate
• Provide referral information for independent advocacy services on request, including:

• Disability Advocacy NSW: 1800 424 065 (free call)
• NDIS Quality and Safeguards Commission: 1800 035 544
• National Disability Advocacy Program: ndap.org.au

10. Cultural Safety and Diversity

Safe Hands respects and celebrates the diversity of our participants and communities. We are committed to:

• Providing culturally safe services that respect cultural identity, practices, and values
• Using professional interpreters when English is not a participant’s primary language
• Supporting Aboriginal and Torres Strait Islander participants with culturally appropriate services
• Ensuring workers do not discriminate based on race, ethnicity, religion, gender, sexual orientation, age, or any other protected attribute

11. Policy Review

This policy is reviewed annually by the Director/CEO. Workers are informed of any significant changes and sign to acknowledge understanding. Participants are informed of this policy during intake and a copy is available on request.