VU20876 Apply a human rights framework to disability advocacy

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VU20876 Apply a human rights framework to disability advocacy
Unit of Competency
VU20876
Apply a human rights framework to disability
advocacy
Unit Descriptor
This unit describes the skills and knowledge
required to practise disability advocacy in a
manner which ensures the human rights of
people with disability are upheld and promoted.
No licensing, legislative, regulatory or
certification requirements apply to this unit at the
time of publication.
Employability Skills
This unit contains Employability Skills. The
Employability Skills Summary for the qualification
containing this unit is provided as Appendix XX
Application
This unit would be applied by those engaged in
advocating for people with a disability. It
involves working within a human rights framework
for individual, group and systemic advocacy.
ELEMENT
PERFORMANCE CRITERIA
Elements define the essential
outcomes of a unit of
competency.
The Performance Criteria specify the level of performance
required to demonstrate achievement of the Element. Terms in
italics are elaborated in the Range Statement.
1| Certificate lV in Disability Advocacy is produced by DARU and PWD
VU20876 Apply a human rights framework to disability advocacy
Unit of Competency
1. Operate within
relevant legal and
policy frameworks
1.1
Conduct disability advocacy activities using
knowledge of key Commonwealth and
State disability legislation, regulation and
policy
1.2
Apply a quality assurance framework in the
delivery of disability advocacy services
1.3 Apply organisational policies and
procedures relating to disclosure and
confidentiality
1.4 Inform people with disability of their rights
and responsibilities when delivering disability
advocacy
1.5 Apply appropriate protocols when working
with people under guardianship and/or
trusteeship
1.6 Record disability advocacy activities
according to organisational and statutory
requirements
2.
Employ a human
rights framework to
inform disability
advocacy practice
2.1 Apply the United Nations Convention on the
Rights of Persons with Disabilities to activities
of policy and law reform, and to systemic
disability advocacy
2.2 Apply the United Nations Convention on the
Rights of Persons with Disabilities to protect,
respect, promote and fulfil the rights of
people who seek assistance from disability
advocacy agencies
2.3 Utilise international mechanisms and
instruments, including other UN Conventions
which protect, respect, promote and fulfil
the human rights of people with disability
within a range of contexts
2.4 Operate with an awareness and respect for
cultural and individual differences when
delivering disability advocacy
2| Certificate lV in Disability Advocacy is produced by DARU and PWD
VU20876 Apply a human rights framework to disability advocacy
Unit of Competency
3. Apply an ethical
framework to
disability advocacy
practice
3.1 Consult people with disability in all decisions
which affect their lives
3.2 Ensure people with disability are supported
to make informed decisions and exercise
choice
3.3 Maintain professional boundaries and
objectivity when delivering disability
advocacy
3.4 Identify and manage ethical dilemmas
effectively
3.5 Manage those situations involving actual or
perceived conflicts of interest
3.6 Demonstrate principles of duty of care and
dignity of risk in all work undertaken
3.7 Recognise and seek assistance from
supervisor when faced with practice
difficulties and ethical dilemmas
3.8 Use critical reflection on ethical issues and
improving Disability Advocacy practice
3| Certificate lV in Disability Advocacy is produced by DARU and PWD
VU20876 Apply a human rights framework to disability advocacy
Unit of Competency
4. Support people with
disability through
complaints and
appeals processes
4.1 Redress complaints and issues relating to
people with disabilities using knowledge of
relevant complaints and appeals
mechanisms
4.2 Assist people with disability to describe and
report complaints
4.3 Maintain accurate written records of all
complaints and appeals, in accordance
with organisational procedures
4.4 Recognise the need and ensure that people
with disability are supported in complaints
and appeals processes
4.5 Ensure disability advocacy remains partisan
to people with disability throughout
complaints and appeals processes
5. Address issues
identified through
disability advocacy
using relevant legal
and judicial
remedies
4.6
Ensure privacy, confidentiality and issues of
consent are upheld during complaints and
appeals processes
4.7
Organise and maintain appropriate contact
with suitable legal and other professionals
and agencies to assist in complaints and
appeals
5.1
Respond appropriately to any indicators of
abuse, harm or neglect experienced by
people with disability
5.2 Assist individuals and groups of people with
disability to identify under which legislation
they may challenge violations of their rights
5.3 Refer to legal practitioners and statutory
agencies when specialist legal assistance is
required
5.4 Develop and document plans with people
with disability, which identify strategies to
address legal issues
5.5 Provide court support and/or other
assistance to people with disability who are
involved in legal proceedings
5.6
Apply the CRPD framework to
documentation of legal and human rights
violations occurring to people with disability
4| Certificate lV in Disability Advocacy is produced by DARU and PWD
VU20876 Apply a human rights framework to disability advocacy
Unit of Competency
5| Certificate lV in Disability Advocacy is produced by DARU and PWD
VU20876 Apply a human rights framework to disability advocacy
Unit of Competency
REQUIRED SKILLS AND KNOWLEDGE
This describes the essential skills and knowledge and their level required for this unit.
Essential knowledge:
 Organisation policies and procedures relevant to the provision of
disability
advocacy to individuals and/or groups of people with disability,
particularly in relation to seeking informed consent, protecting privacy
and confidentiality, addressing conflicts of interest, duty of care,
addressing complaints
 Key Commonwealth and State disability legislation, regulation and
policy and other relevant regulatory, legislative and legal requirements
 United Nations Convention on the Rights of Persons with Disabilities
(CRPD) and other mechanisms and instruments, including other UN
Conventions which respect, protect and promote the human rights of
people with disability
 Relevant standards and codes of practice in the disability advocacy
sector
 The role of the public advocate, Disability Services Commissioner and
other relevant government bodies and non-government agencies that
assist people in the protection of their rights
 Causes of discrimination and disadvantage that prevent opportunities
for people with disability
 Relevant discrimination action and complaints handling processes
available to protect people with disability in own State/Territory
 Concepts of guardianship, informed decision- making and consent
 The areas of the Australian legal system that are relevant to the Disability
Advocate’s job role
 Common legal issues that are relevant to work role
 The types of barriers that prevent people with disability from accessing
the legal system
 The relevant standards, legislation and policies that direct obligations
and responses to allegations of abuse or neglect of a person with
disability
Essential skills:
 Apply international, national and state instruments and human rights
frameworks to issues confronting people with disability in Australia
 Apply organizational policies and procedures and codes of practice
 Apply responsible and ethical decision-making skills when presented
with ethical dilemmas and practice difficulties
 Distinguish between individual and systemic complaints

Maintain appropriate professional boundaries
6| Certificate lV in Disability Advocacy is produced by DARU and PWD
VU20876 Apply a human rights framework to disability advocacy
Unit of Competency






Work in a culturally competent manner with people with disability
and their associates from differing cultural and linguistic backgrounds
Apply skills in critical reflection when managing ethical issues and
improving Disability Advocacy practice
Network, consult and refer to suitable legal and other professionals
and agencies when assisting in complaints and appeals processes
Maintain accurate and up to date records
Communicate effectively with people with a range of different
disabilities
Apply skills in interpersonal communication with clients and other
stakeholders
RANGE STATEMENT
The Range Statement relates to the unit of competency as a whole. It allows for different work
environments and situations that may affect performance. Add any essential operating conditions
that may be present with training and assessment depending on the work situation, needs of the
candidate, accessibility of the item, and local industry and regional contexts.
Legislation, regulations and
policy include:
Quality assurance
framework involves:
United Nations Convention
on the Rights of Persons
with Disabilities involves:
Commonwealth and State Disability
Services Acts
 Disability Services Standards
 Disability Discrimination Act 1992
 Anti-discrimination and equal opportunity
legislation
 Guardianship legislation
 Commonwealth Privacy Act 1988
 Mental Health Act 1990
 State and Territory privacy legislation
 National Disability Strategy
 State and Territory disability services policies
and programs
 Australian Human Rights Framework
 Victorian Charter of Rights and
Responsibilities Act 2006
 ACT Human Rights Act 2004





FaHCSIA Quality Strategy
Advocacy Quality Assurance Framework
General principles of CRPD
Articles of CRPD
7| Certificate lV in Disability Advocacy is produced by DARU and PWD
VU20876 Apply a human rights framework to disability advocacy
Unit of Competency
International mechanisms
and instruments, may
include:



Informed decisions include
but are not restricted to:




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
Ethical dilemmas may
include:
Conflicts of interest relates
to:
Choices about where to live, and with
whom
Financial decisions
Entering into contracts
Lifestyle decisions
Health and wellbeing choices
Choices and decisions about generic and
specialist services

Situations when a Disability Advocate may
need to breach a professional code of
ethics, e.g., confidentiality, to protect a
person with disability and/or their associate

Situations when the Disability Advocate’s
personal values or beliefs conflicts with a
person with disability’s wishes

Situations where a Disability Advocate is
unable to appropriately manage strong or
negative feelings about a person with
disability

Any situation where the worker has a strong
sense of confusion about an obligation or
decision that they need to make
 A conflict of interest arises where a disability
advocate’s personal and/or professional
interests conflict with, or may be perceived
to conflict with their official duties

Conflicts of interest may
Universal Declaration of Human Rights
Committee on the Elimination of
Discrimination against Women (CEDAW)
Convention on the Rights of the Child
Disability advocate has a personal or
professional association with an agency or
8| Certificate lV in Disability Advocacy is produced by DARU and PWD
VU20876 Apply a human rights framework to disability advocacy
Unit of Competency
include:

Duty of care may include:
Dignity of risk includes:

Ensuring the personal safety of the person
with disability who is seeking assistance

Mandatory reporting of violence, abuse
and neglect

Respecting the right of people with
disability to make decisions and take
actions which involve risk to their wellbeing
or circumstances
Recognising the educational value in
learning through risk-taking and making
mistakes

Complaints and appeals
mechanisms include:





Partisan involves:



Court support includes:
person under investigation
Disability advocate has a personal
relationship with person with disability
seeking advocacy assistance

State and Territory complaints and
investigations units
Australian Human Rights Commission
Complaints Resolution and Referral Service
National Disability Abuse and Neglect
Hotline
State and Territory Health Complaints
bodies
Welfare Rights Network
Australian Centre for Disability Law
Seeking the views of the person with
disability
Representing the views of the person with
disability
9| Certificate lV in Disability Advocacy is produced by DARU and PWD
VU20876 Apply a human rights framework to disability advocacy
Unit of Competency

Entering into disputes on the side of the
person with disability

Finding appropriate legal support
Preparation for court hearings
Assisting in the briefing in legal counsel
Assisting in the organisation of specific
technology and adjustments in court for
people with disability
Advice and counselling prior to and during
court hearings




10| Certificate lV in Disability Advocacy is produced by DARU and PWD
VU20876 Apply a human rights framework to disability advocacy
Unit of Competency
EVIDENCE GUIDE
The evidence guide provides advice on assessment and must be read in conjunction with
the Performance Criteria, Required Skills and Knowledge, the Range Statement and the
Assessment Guidelines for this Training Package.
Critical aspects for
assessment and evidence
required to demonstrate
this unit of competency:



The individual being assessed must provide
evidence of specified essential knowledge
and skills in the context of job role
Consistency in performance should
consider specific workplace and advocacy
practices and requirements
To be considered competent, the
participant must be able to:
- Identify and operate within relevant
legal and policy frameworks
- Provide advocacy services within
human rights and ethical frameworks
- Utilise complaints and appeals processes
to support people with disability
- Access relevant legal and judicial
remedies to address disability issues
- Apply ethical decision-making processes
11| Certificate lV in Disability Advocacy is produced by DARU and PWD
VU20876 Apply a human rights framework to disability advocacy
Unit of Competency
Context of and specific
resources for assessment:
Method of assessment:
This unit is best assessed on the job or in a
simulated workplace under the normal
range of conditions
 This unit can be assessed independently,
however holistic assessment practice with
other community services units of
competency is encouraged
 Assessment of this unit requires access to:
- a
workplace
environment
where
assessment can take place
- Guides for assessors, candidates and
third parties on competency-based
assessment in the workplace
- Assessment
Tools
and
assessment
materials, including marking guides and
evidence guides for this unit of
competency
- relevant workplace policies
- relevant workplace documentation,
following organisation’s policies for
protecting
client
privacy
and
confidentiality
- A nationally qualified Assessor who has a
comprehensive understanding of the
candidate’s work role
and the
expected performance standards for
this unit of competency
- Appropriate supervisors, to play a role in
third party validation of the candidate’s
performance

A range of assessment methods may be used.
These may include:
 Practical tasks
 Oral/written questions
 Workplace projects
 3rd Party reports
 Case study analyses
 Portfolio
12| Certificate lV in Disability Advocacy is produced by DARU and PWD
VU20876 Apply a human rights framework to disability advocacy
Unit of Competency
13| Certificate lV in Disability Advocacy is produced by DARU and PWD
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