Chapter 5 - What you need to consider in having an effective process for resolving complaints

5.1. State legislative and contractual requirements and context

When reviewing or developing a complaints resolution process, any organisation needs to consider the legislative, regulatory and contractual framework in which it operates. If the organisation is a funded disability support provider in Tasmania, there are a number of legislative and contractual requirements that must be complied with.

Firstly, the Disability Services Act 2011 contains regulations (the regulations) that set the standards for funded disability support providers on things like: the rights of consumers; participation and inclusion; individual outcomes; feedback and complaints; services access and services management.

The Regulations set the standard for feedback and complaints.  There is a requirement for funded disability service providers to, wherever possible:

• seek regular feedback on the services, support and programs provided
• use the feedback to review and improve those services, supports and programs.

Contractually funding disability providers are required to develop and implement guidelines and procedures for receiving feedback and resolving complaints from consumers. They also need to advise consumers of the procedures available for feedback and complaints in relation to the delivery of the services.

Funded providers also need to comply with Departmental all policies in place for the management of complaints. These include:

• Disability and Community Services Compliments and Complaints Procedure (2015)

There are a number of international and national commitments and reforms that also need to be considered. These are:

United Nations Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the Convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that they enjoy full equality under the law.

National Disability Strategy 2010-2020

This strategy outlines a 10 year national policy framework to guide government activity across six key outcome areas and driving future reforms. It represents a commitment by all levels of government, industry and the community to a unified, national approach to policy and program development. This approach will assist in addressing the challenges faced by people with disability, both now and into the future.

National Disability Agreement

This agreement reflects a strong financial and planning commitment from both levels of government to provide more opportunities for people with disability to participate in and enjoy Australia's economic and social life. The agreement is designed specifically to assist people with disability to live as independently as possible, by helping them to establish stable and sustainable living arrangements, increasing their choices, and improving their health and wellbeing. At the same time the agreement focuses on supporting families and carers in their caring roles.

National Disability Insurance Scheme (NDIS)

The roll out of the NDIS throughout Australia marks the beginning of a new way of providing individualised and community support for people with permanent and significant disability, their families and carers. The NDIS will continue to have a significant impact on the future delivery of disability support services in Tasmania.  It will provide control, choice and certainty around the supports a person with disability will access over their lifetime.

During 2013 to 2016 Tasmania trialled the NDIS for people in the 15-24 age group.  As at the 31 March 2016 there 1 135 participants with funded and approved plans in Tasmania.  The roll out to full scheme will see the scheme expand to include people aged 12-14 from 1 July 2016. People aged 25-28 will start transitioning from 1 January 2017. It is expected 1 117 people in the 12-14 and 25-28 age groups will move into the NDIS during the 2016-2017 financial year with around 10 600 Tasmanians in the NDIS by 30 June 2019.

National Reforms in Aged Care

The Australian Government has responsibility for creating and maintaining a nationally consistent aged care system. Under the Bilateral Agreement for transition to the NDIS, responsibility for people aged 65 and over who receive specialist disability services will transfer to the Australian Government.

Home and Community Care (HACC) aged care services will also transfer to the Australian Government.

Tip

Assessing the human rights impact of resolving complaints

The checklist below offers a guide to key considerations your organisation should consider when seeking to resolve complaints:

1. What is the resolution seeking to achieve?
2. Does the proposed resolution raise any human rights issues?
3. Are any human rights limited by the proposed resolution?
4. What is the nature of the rights being limited?
5. How are rights likely to be limited and to what degree?
6. How important is it to limit rights to achieve the resolution?
7. Does limiting human rights achieve the resolution?
8. Are there any other less restrictive ways to achieve the resolution?

(Department of Human Services, Process for analysing policies and practice, 2007c)