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: 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