Progress of Disability and Domestic Violence Project Recommendations
Vulnerability of women with disability in
licensed boarding houses
Rec
The NSW Government adopts the
1:
Crimes (Domestic and Personal
Violence) Act 2007 definition of
domestic violence consistently across
its policies and policy frameworks so
that it is inclusive of residential settings
and recognises personal violence
between people with a disability who
may be co-residents and/or their
carers.
Rec
2:
ADHC to work collaboratively with the
NSW Ombudsman and advocacy
organisations to fund and deliver
ongoing rights based, gender specific
training programs for all residents of
licensed boarding houses to build their
knowledge and ability to protect
themselves and respond to violations of
their rights including domestic violence.
Rec
3:
ADHC develop materials accessible
(plain and Easy English) to residents of
licensed boarding houses about:
a) licence conditions and
regulations relevant to licensed
boarding houses;
Progress Update
December 2010 – Accommodating Violence
Report and correspondence sent to NSW Premier
seeking opportunity to meet in the New Year to
discuss the recommendations of this report and
how PWD may work collaboratively with key
agencies to strengthen the protection, prevention
and response to domestic violence for people
with disability in licensed boarding houses .
January 2011 – meeting planned with Office for
Women's Policy, NSW Department of Premier and
Cabinet, regarding the development of a Sexual
Violence Prevention Plan as Part Two of its
strategy to stop violence against women in NSW.
Part One of the NSW Government’s strategy to
stop violence against women, the NSW Domestic
and Family Violence Action Plan was released June
2010. Meeting postponed by Office for Women's
Policy as they advise they are not pursuing any
consultations at this time, pending the outcome of
a few enquiries.
February 2011 – ADHC advises it is currently
scoping a project which will address the
development of plain English information for
residents of licensed boarding houses based on
the recently released Licensed Residential Centre
Compliance Practice Guide Youth and Community
Services Regulation 2010 and the delivery of
rights based, gender specific training programs for
all residents of licensed boarding houses to build
their knowledge and ability to protect themselves
and respond to violations of their rights including
domestic violence.
January 2011 - ADHC release the Licensed
Residential Centre Compliance Practice Guide Youth and Community Services Regulation 2010.
This significant document not only provides
guidance for the application of the Youth and
Community Services Regulation 2010 to operators
of licensed boarding houses but will also greatly
assist service providers and others involved in
supporting this sector and the people with
disability living in licensed boarding houses. Refer
to ADHC Website – Doing Business with Us –
Licensed Residential Centres.
February 2011 – ADHC advises it is currently
scoping a project which will address the
development of plain English information for
residents of licensed boarding houses based on
the recently released Licensed Residential Centre
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Progress of Disability and Domestic Violence Project Recommendations
Compliance Practice Guide Youth and Community
Services Regulation 2010.
b) complaint handling principles
and guidelines; and
c) support services available to
people with disability including
advocacy and domestic
violence support.
NSW Government Directions
Rec
The NSW Department of Premier and
4
Cabinet ensure that all key agencies
involved in the NSW Domestic and
Family Violence Action Plan deliver
consistent and effective responses to all
women, including women with
disability living in residential centres
such as licensed boarding houses,
experiencing or are at risk of domestic
violence.
Rec
The NSW Government develop and
5:
fund an appropriate cross Government
strategy for people with disability in
licensed boarding houses within future
disability and other Government
frameworks, including Stronger
Together 2, to ensure their human
rights are respected, protected and
fulfilled along with their peers.
Rec
The NSW Government’s
6:
Interdepartmental Committee on
Reform of the Private Residential
Service Sector (IDC) immediately
provide an action plan on its directions
for boarding house reform and the
review of the YACS Act.
30 March 2011 - ADHC advise this project has
been put on hold temporarily due to resourcing
issues the ADHC Directorate is currently having.
January 2011 - ADHC release the Licensed
Residential Centre Compliance Practice Guide Youth and Community Services Regulation 2010.
This Practice Guide provides requirements on
procedure for dealing with complaints in licensed
boarding houses.
December 2010 – see recommendation 1 .
February 2011 – ADHC advises that the work of
the IDC and target consultations related to
Boarding House Reform will encompass the issue
addressed in Recommendation 5, 6, and 7.
January 2011 – ADHC advises of targeted
consultations regarding the reform of the
boarding house sector to be undertaken in
February 2011. These targeted consultations will
test options developed by the Committee on the
Reform of the Private Residential Services Sector
(IDC) with view to developing a direction for
reform of the sector for consideration by
Government.
February 2011 – Mercury Advisory commence
targeted consultations.
March 2011 – ADHC release the Boarding House
Reform Discussion Paper developed by the
NSW Interdepartmental Committee
on Reform of Shared Private Residential Services
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Progress of Disability and Domestic Violence Project Recommendations
(IDC) which is the basis of the targeted
consultations.
Rec
7:
The NSW Government undertake an
evaluation of the Boarding House
Reform Program, its objectives and the
success of its outcomes for achieving
positive systemic reform within the
licensed boarding house sector.
Legislative Frameworks
Rec
NSW Government to conduct a
8:
feasibility study exploring the concept
of a Working with Vulnerable Persons
check as part of an Adult Protection
system in NSW.
Rec
9:
9.1 The NSW Government use the
Regulatory Impact Statement and
consultation on the proposed Youth
and Community Services Regulation
2010 to its full benefit by:
a) using CRPD as a benchmark for
contemporary and gender
specific standards in all licensed
February 2011 – ADHC advise that it is not
considering an evaluation of the Boarding House
Reform Program at this time as it has recently
completed reviews of the following elements of
the BHRP program:
- Evaluation of Primary and Secondary
Health Care Services for Residents of
Licensed Residential Centres due for
completion in August 2010.
- Active Linking Initiative (ALI) Evaluation
completed in June 2009. The report is
available at:
http://www.dadhc.nsw.gov.au/NR/rdonly
res/154797C1-3742-4471-BB98375CC672E4B5/5118/ALIReport3July2009
.pdf
- Review of the Screening Tool for entry to
Licensed Residential Centres completed in
December 2008. No public report yet
available.
- Revisions were made to the Screening
Tool and Fact Sheet produced in April
2010.
http://www.dadhc.nsw.gov.au/NR/rdonly
res/1C1C9A60-D30D-47C2-87B3FA769A3B451A/5122/Usersguidetothescr
eeningtoolforentrytoLRCs.pdf
ADHC will consider what remaining elements of
the BHRP require review including:
- Advocacy; Case management; BHRP
relocation outcomes.
February 2011 – ADHC advises it is considering
the impact of the NSW Ombudsman’s Special
report to Parliament under section 31 of the
Ombudsman Act 1974 - Improving probity
standards for funded organisations published
December 2010 which makes recommendations
relating to licensed boarding houses.
http://www.ombo.nsw.gov.au/publication/PDF/s
pecialreport/SR_ImprovingProbityStandards_Dec1
0.pdf
February 2011 – ADHC advises it is currently
examining the UN Convention on the Rights of
Persons with Disabilities (CRPD) against all its
policies with the view to their review and
incorporation of the CRPD’s principles.
It is also looking to the NSW Government’s
commitment endorsed in the recent National
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Progress of Disability and Domestic Violence Project Recommendations
boarding houses in NSW;
Disability Strategy to ensure implementation of a
national approach to supporting people with
disability to maximise their potential and
participate as equal citizens in Australian society.
The Strategy will play an important role in
protecting, promoting and fulfilling the human
rights of people with disability. It will help ensure
that the principles underpinning the Convention
are incorporated into policies and programs
affecting people with disability, their families and
carers. It will also contribute to Australia's
reporting responsibilities under the Convention.
http://www.fahcsia.gov.au/sa/disability/progserv/
govtint/Pages/nds.aspx
b)
Rec
10:
Rec
11:
ensuring licensed boarding
house regulation and licence
conditions reflect
contemporary disability best
practice policy and procedures;
c) the rights of people with
disability in licensed boarding
houses are given paramount
consideration; and
d) taking into consideration the
issues raised in this report to
introduce Regulations to ensure
the prevention, detection and
response to abuse and
domestic violence for residents
of licensed boarding houses.
The NSW Government urgently finalise
the review of the Youth and Community
Services Act 1973 with the outcome
being to replace it with legislation to
ensure its compliance against
obligations under the CRPD and
incorporates in full the ‘charter of
principles’ outlined in the Disability
Services Act 1993, the 10 Disability
Service Standards, and which provides
for the independent and rigorous
regulation and monitoring of licensed
boarding houses.
It is recommended that the Community
Services (Complaints, Reviews and
Monitoring) Act 1993 is reviewed
against CRPD to achieve the following:
a) incorporation of substantial
recognition of the human rights
of persons with disability, and
require human rights standards
to be applied in the exercise of
all functions and powers under
Section 13 of the 2010 Regulation of the Youth
and Community Services Act makes it an offence
for a resident to be abused or neglected.
January 2011 – ADHC advise of targeted
consultations regarding the reform of the
boarding house sector to be undertaken in
February 2011. These targeted consultations will
test options developed by the Committee on the
Reform of the Private Residential Services Sector
(IDC) with view to developing a direction for
reform of the sector for consideration by
Government.
February 2011 – Targeted consultations currently
in progress.
December 2010 – Accommodating Violence
Report and correspondence sent to the NSW
Ombudsman seeking opportunity to meet in the
New Year to discuss the recommendations of this
report and how PWD may work collaboratively
with key agencies to strengthen the protection,
prevention and response to domestic violence for
people with disability in licensed boarding houses.
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Progress of Disability and Domestic Violence Project Recommendations
the legislation;
Rec
12:
Rec
13
b) incorporation of the explicit
recognition of, and a duty to
address, the multiple and
aggravated forms of
c) human rights violation and
disadvantage that results from
the intersectional
discrimination (ie the
accumulative impact of
impairment and disability with
another characteristic including
racial, cultural or linguistic
minority status, indigenous
status, gender and age); and
d) provision of personal remedies.
These remedies ought to
include prerogative remedies
such as the power to make a
declaration as to the lawfulness
of particular conduct, the
power to prohibit particular
conduct, and the power to
order the performance of a
particular duty. Remedies
ought also to include restitution
and damages. The legislation
ought also to provide injunctive
relief pending the final
outcome of a complaint.
That responsibility for the
administration of the Community
Services (Complaints, Reviews and
Monitoring) Act 1993 is re-situated in
an independent, specialist watchdog
agency capable of developing and
implementing an activist, human rights
oriented approach to its jurisdiction.
That the NSW Ombudsman actively
promote within the community sector
Section 47- Protection of Complainant
of Retribution of the Community
Services (Complaints, Reviews and
Monitoring) Act 1993 and that it
December 2010 – see recommendation 1 .
December 2010 – see Recommendation 11.
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Progress of Disability and Domestic Violence Project Recommendations
actively utilises it in cases where
complainants experience retribution
Rec
The NSW Police Force and Local Court
14:
Magistrates receive gender specific
training on disability awareness,
disability rights and referral pathways
for seeking appropriate alternative
accommodation and support for victims
and perpetrators of domestic violence.
Rec The NSW Police Force explore the
15:
development and implementation of a
case management approach to the
issuing of AVO’s to people with
cognitive impairment to ensure they
understand the implications and
limitations of the AVO.
Domestic Violence Policy and Practice
Rec
16.1 ADHC to:
16:
a) provide or facilitate for funded
disability service providers,
licensed boarding house
operators and staff, access to
information and training on the
definition of domestic violence,
indicators of abuse and
violence and best practice
response options;
March 2011 – PWD meeting with NSW Police
Force to discuss recommendations arising from
the Disability and Domestic Violence Project.
March 2011 – PWD meeting with NSW Police
Force to discuss recommendations arising from
the Disability and Domestic Violence Project.
January 2011 - ADHC release the Licensed
Residential Centre Compliance Practice Guide Youth and Community Services Regulation 2010.
This Practice Guide provides clarification on
expectations for preventing and responding to
abuse and neglect including:
1. policy and practice for preventing and
responding to abuse and neglect for all
paid and unpaid workers in ADHC
operated and funded non-government
services, including ADHC staff undertaking
monitoring activities within the LRC or
performing Case Management duties, that
have contact with adult people with a
disability living in licensed boarding
houses; and
2. procedures as a minimum standard of
practice for Licensees, Licensed Managers
and staff of LRCs. This document applies
to ADHC staff undertaking.
February 2011 – ADHC advise it is planning the
delivery of a workshop for all relevant ADHC Staff
on the Licensed Residential Centre Compliance
Practice Guide -Youth and Community Services
Regulation 2010 to ensure more consistency
across Regions and Central office policy.
b) support the establishment of
gender specific protocols for
responding to domestic
violence for boarding house
residents, including referral
pathways between the
disability and domestic violence
sectors.
February 2011 – ADHC advise it is implementing
training for ADHC front line staff including its
licensing and boarding house case management
staff in domestic violence and women with a
disability, and appropriate referral pathways as
per the NSW Domestic and Family Violence Action
Plan.
http://www.dpc.nsw.gov.au/__data/assets/pdf_fil
e/0005/93920/Stop_the_Violence._End_the_Silen
ce._Domestic_and_Family_Violence_Action_Plan_
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Progress of Disability and Domestic Violence Project Recommendations
-_Web2.pdf
16.2 ADHC and non Government
service providers review service policies
and procedures on abuse and neglect
to ensure they reflect best practice
response options for domestic violence
incidents.
ADHC also advise that its internal Policy Manual
for Licensing, Monitoring and Closure of Licensed
Residential Centres is awaiting sign off.
February 2011 – ADHC advise it is implementing
training for ADHC front line staff including its
licensing and boarding house case management
staff in domestic violence and women with a
disability, and appropriate referral pathways as
per the NSW Domestic and Family Violence Action
Plan.
http://www.dpc.nsw.gov.au/__data/assets/pdf_fil
e/0005/93920/Stop_the_Violence._End_the_Silen
ce._Domestic_and_Family_Violence_Action_Plan_
-_Web2.pdf
ADHC also advises that its internal Policy Manual
for Licensing, Monitoring and Closure of Licensed
Residential Centres is awaiting endorsement.
Rec
17:
Rec
18:
Rec
19:
Rec
20:
ADHC to ensure the roles of Boarding
House Reform Program Case Manager
and Licensing Officer are separated and
clear protocols are established for the
referrals to be made between positions.
AHDC reinstate a centralised licensing
and monitoring unit to ensure
consistency and enforceability of
licence conditions, regulations and all
requirements of the YACS Act across
regions.
AHDC immediately prioritise the
implementation of the NSW
Ombudsman’s 2006 recommendations
outlined in its report entitled on DADHC
Monitoring Standards in Boarding
Houses. A special report to Parliament
under s31 of the Ombudsman Act 1974.
March 2011 – ADHC Metro South Region advises
that it will review its combined Licensing
Officer/Boarding House Case Manager role to
ensure consistent practice with other ADHC
Regions and greater effectiveness.
February 2011 – ADHC advise that this
recommendation is not under consideration at
this time.
The NSW Ombudsman’s office
prioritise:
a) the development and
implementation of gender
specific guidelines for Official
Community Visitors responding
to abuse and neglect, including
domestic violence in residential
care settings;
b) gender specific training for
Official Community Visitors s in
December 2010 – see Recommendation 11.
February 2011 – ADHC advises the NSW
Ombudsman has finalised its 2006 investigation
into ADHC’s Monitoring Standards in Boarding
Houses and that the recommendations from this
report have been, or are being addressed.
PWD is currently seeking specific advice from
ADHC as to progress of these recommendations.
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Progress of Disability and Domestic Violence Project Recommendations
Rec
21:
abuse and neglect, including:
- indicators of abuse;
- understanding domestic
violence in residential care
settings and best practice
responses.
The OCV Scheme undertakes regular
individual service and sector reviews of
all issues identified in licensed boarding
houses with the aim of collating gender
disaggregated data and of identifying
individual and systemic matters:
a) for referral to the NSW
Ombudsman to:
- promote and assist the
development of standards
for the delivery of licensed
boarding houses; and/or
-
-
-
-
-
-
-
December 2010 – see Recommendation 11.
educate service providers,
clients, carers and the
community generally about
those standards; and/or
monitor and review the
delivery of services and
related programs, both
generally and in particular
cases; and/or
make recommendations for
improvement in the
delivery of licensed
boarding houses and for
the purpose of promoting
the rights and best interests
of persons using, or eligible
to use such services; and/or
cause an inquiry into
matters affecting service
providers and licensed
boarding houses and
persons receiving, or
eligible to receive services
provided by licensed
boarding houses; and/or
receive, assess, resolve or
investigate complaints;
and/or
review the causes and
patterns of complaints and
identify ways in which
those causes could be
removed or minimised;
and/or
review the situation of a
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Progress of Disability and Domestic Violence Project Recommendations
Rec
22:
Rec
23:
Reco
24:
person or group of persons
in care living in a licensed
boarding house; and/or
b) referral to other relevant
services or to other appropriate
bodies for the early and speedy
resolution of grievances or
matters of concern ; and/or
c) to provide regular advice to the
relevant Minister on matters
affecting the rights, welfare,
interests and conditions of
persons living in licensed
boarding house and any
matters relating to the conduct
of such places ; and/or
d) to inform the Annual Report
provided to the Minister for
Disability Services and laid in
Parliament each year .
The NSW Treasury provide increased
funding to the NSW Ombudsman to
ensure its functions required by law as
well as those available under its
discretionary powers are not limited in
any way and can be adequately
discharged.
The NSW Police Force consult disability
peak bodies to review the subject
content and material contained in its
Continuing Police Education program
during its annual and external review
process, so as to ensure the gender
specific needs of people with disability
are addressed.
The NSW Police Force Code of Practice
is updated in its next scheduled review
in 2012 to:
a) include additional referral
information about disability
advocacy support services and
Government agencies, such as
ADHC, available to support
people with disability
experiencing domestic violence
within family settings as well as
residential service settings;
b) include additional safeguards
and strategies to ensure
proactive police responses and
approaches are afforded to
people with disability involved
in domestic violence.
December 2010 – see recommendation 1 .
March 2011 – PWD meeting with NSW Police
Force to discuss recommendations arising from
the Disability and Domestic Violence Project.
March 2011 – PWD meeting with NSW Police
Force to discuss recommendations arising from
the Disability and Domestic Violence Project.
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Progress of Disability and Domestic Violence Project Recommendations
Rec
25:
Rec
26:
Rec
27:
Rec
28:
Rec
29:
c) ensure Crime Management
Units within Local Area
Commands establish
partnerships with key disability
support services to establish
partnerships for victim support
and follow-up.
Domestic Violence information support
phone services review information
content and referral pathways
applicable to people with disability
including those living in residential
settings such as licensed boarding
houses.
AHDC review the NSW Domestic and
Family Violence Action Plan to identify
strategies for its implementation for
people with disability living in
residential settings including licensed
boarding houses.
The Inner West DVPASS establish an
interagency relationship with an
independent disability advocacy
services to assist victims with disability
to gain full benefits from the DVPASS
system.
As part of Stronger Together 2, ADHC
provide funding for independent
advocacy to specifically work with the
Inner West DVPASS, with progressive
roll-out of this initiative to other
regions in NSW.
28.1 NSW Government Premier and
Cabinet partner with the Department of
Families Housing Community Services
and Indigenous Affairs (FAHCSIA) to
explore options for enhancing the
Disability Abuse and Neglect Hotline as
data collection mechanism for
recording and improving response and
prevention strategies for all people with
disability experiencing domestic
violence.
28.2 The Department of Families
Housing Community Services and
Indigenous Affairs (FAHCSIA)
immediately expand the primary target
group of the National Disability Abuse
and Neglect Hotline to include people
with disability living in licensed
boarding houses.
28.3 FAHCSIA to alter the categories of
December 2010 – see recommendation 1 .
February 2011 – ADHC advises an internal review
of the NSW Domestic and Family Violence Action
Plan to identify relevant strategies affecting
people with disability living in residential settings
including licensed boarding houses is in progress
and will provide further advise on related
outcomes.
March 2011 – ADHC Metro South Region advise
that it will explore options to improve interagency
cooperation with Inner West DVPASS.
January 2011 - Subsequent to the publication of
this report, the scope of the Hotline was clarified.
Information about abuse and neglect of people
with disability in community settings – including in
licenced boarding houses – is collected and
collated by the Hotline on a monthly basis.
January 2011 - Subsequent to the publication of
this report, the scope of the Hotline was clarified.
Reports of abuse and neglect of people with
disability in community settings – including in
licenced boarding houses – will be referred as a
report to an agency able to investigate or
otherwise address the report, such as an
ombudsman or complaints-handling body.
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Progress of Disability and Domestic Violence Project Recommendations
abuse under the National Disability
Abuse and Neglect Hotline to include
‘domestic violence’ in its definitions.
Issues unique to supporting residents of
licensed boarding houses
Rec
ADHC use the introduction of the
30:
amended Youth and Community
Services Regulation 2005, and any
future regulation to:
a) ensure the active monitoring of
compliance with licensing
requirements relating to the
‘Protection of interests of
residents’ and;
b) remedy all obstructions with
relevant action including
prosecutions of the breach and
suspension or revocation of the
licence;
c) provide or facilitate training
opportunities for Licensees,
Licensed Managers and staff of
licensed boarding houses to
address:
- human rights of people
with disability in line with
CRPD;
- inappropriate attitudes and
prejudices towards men
and women with disability;
and
- positive and effective
complaint handling
practices.
Rec
30.1 ADHC finalise their review the
31:
Vacancy Management Guidelines for
the Boarding House Relocation to:
a) ensure victims and/or offenders
of domestic violence are
prioritised for, and assisted to
alternative community-based
accommodation and support
services, with specific attention
being given to the gender
related needs of victims and /
or offenders; and
b) these Guidelines are promoted
and accessible to all relevant
stakeholders to ensure their
effective implementation.
February 2011 – ADHC advises the work of the
IDC and target consultations related to Boarding
House Reform will encompass the issue addressed
in Recommendation 30.
Sections 18, 21 and 22 of the YACS Act specify the
grounds for revocation, suspension and
prosecution, while the Policy Manual gives
guidance to ADHC staff on the circumstances and
procedures for these actions
February 2011 – ADHC advise that the draft
Boarding House Relocation Program Vacancy
Management Guidelines was endorsed and
approved in January 2010.
These Guidelines priority of access rating for
relocation places ‘abuse and neglect’ at point six
on a scale of eight. It makes no reference to
domestic violence as a specific category of risk or
as a trigger for prioritising a person’s relocation to
alternative accommodation.
February 2011 – The draft Boarding House
Relocation Program Vacancy Management
Guidelines are available via ADHC’s website
http://www.dadhc.nsw.gov.au/NR/rdonlyres/1C1
C9A60-D30D-47C2-87B3FA769A3B451A/5373/VacancyManagementGuidel
ines2010.pdf
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Progress of Disability and Domestic Violence Project Recommendations
30.2 ADHC to develop an action plan for
the roll out of the $6 million dollars
announced in the 2010 Budget.
Rec
32:
Rec
33:
ADHC to immediately develop a full
range of policies including (but not
limited to) Abuse and Neglect Policy,
Managing Client Risk, Decision Making
and Choice, Behaviour Management
and Restrictive practices for the
licensed boarding house sector.
Service providers and advocates who
support residents of licensed boarding
houses develop, review and amend
policies and procedures for fulfilling
their duty of care when responding to
incidents of abuse including domestic
violence. Such policies should consider
issues including:
a) human rights of people with
disability as articulated in
accordance with the CRPD risk
assessment;
b) the disclosure of confidential
information under
circumstances where that
personal information may
prevent or reduce a serious and
imminent threat to the life or
health of any person (the client
or someone else) and the
disclosure of information to a
particular person or agency is
likely to reduce that risk;
c) triggers for referral of domestic
violence and abuse to:
I.
the NSW Police Force;
II.
ADHC for a regulatory
response to a breach
of licence conditions;
III.
ADHC for supports
available
under the Boarding
House Reform
Program’s two sub
programs - Residents
Support Program or
Relocation Program ;
IV.
other relevant support
services or response
agencies such as
February 2011 – ADHC advise that it is currently
rolling out these funds and continues to manage
an additional recurrent $6 million budget for the
management of closures of licensed boarding
houses.
February 2011 – ADHC advise that it will explore
this recommendation further.
March 2011 – PWD to commence a review its
policies and procedures relating to abuse and
neglect.
Page 12 of 13
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Progress of Disability and Domestic Violence Project Recommendations
sexual assault
services, domestic
violence
services, counselling
and/or
independent
advocacy
support;
d) the assessment of each
situation individually;
e) maintenance of normal privacy
in all other situations and with
all other people.
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