Port Macquarie Base Hospital Find out more about the NSW Ageing and Disability Commission including the current Commissioner, functions, reporting and operational policies. How we are responding to elder abuse - dcj.nsw.gov.au 11.48 First, an approved provider is not required to take any action in response to a reportable assault, other than to report it and maintain appropriate records. The ALRC proposes that these elements form the foundation of the aged care model. St George Hospital Elder abuse is largely preventable (unlike many conditions of old age). Macksville District Hospital 11.77 The NSW Ombudsman has substantial powers conferred upon it under the Ombudsman Act 1975 (NSW). We listen and learn from the knowledge, strength and resilience of Stolen Generations Survivors, Aboriginal Elders and Aboriginal communities. [94] However they are unable to enter the premises without the consent of the occupier.[95]. Serious Incident Response Scheme - Aged Care Quality Wyong Public Hospital Sydney Hospital & Sydney Eye Hospital Proposal 112 The term reportable assault in the Aged Care Act 1997 (Cth) should be replaced with reportable incident. In 2007 the Bill establishing the reporting regime was the subject of scrutiny by the Senate Standing Committee on Community Affairs, Parliament of Australia, Aged Care Amendment (Security and Protection) Bill 2007 (Provisions) (2007), which noted concerns that the discretion in relation to assaults by aged residents with mental impairments would detract from approved providers obligations to provide a safe environment for all aged care residents. Batlow/Adelong Multi Purpose Service Who are mandatory reporters? | Family & Community Services Mandatory reporters are required by law to report suspected child abuse and neglect to government authorities. Informed by lessons of the past,the Ageing and Disability Commission is improving how we work with Aboriginal people and communities. Wentworth District Hospital Boorowa District Hospital Oberon Health Service Contact police in an emergency. Condobolin District Hospital Blacktown Hospital Further details may be requested within five days of the incident. Commonwealth Parliamentary Debates, House of Representatives, 13 August 2015, 5240 (Mitch Fifield). Doctor: Elder abuse may be associated with findings such as: poor eye contact, withdrawn nature, malnourishment, hygiene issues, cuts, bruises, inappropriate clothing, or medication compliance issues. Sutherland Hospital & Community Health Service [92], 11.76 The Complaints Commissioner can exercise a range of powers when working to resolve complaints, including the power to commence own-initiative investigations. Mandatory reporters are people who deliver the following services, wholly or partly, to children as part of their professional work or other paid employment, and those in management positions in these . In other jurisdictions it is mandatory to report only some of the abuse types (e.g. 11.145 The proposed expanded scope of the definition of what is required to be notified should also expand whistleblower protections to those who report any incident that falls within that definition, provided the report is made in good faith. There is a strong argument for incidents of such a serious nature (those that are defined as a reportable assault) to be required to be reported in a way that triggers an appropriate investigation and response (by the approved provider) that is able to be monitored or overseen by an independent complaintshandling body that can also support and advise the provider to ensure best practice in the management of the incident. However when significant risk to the older person or others is involved, confidentiality cannot be offered unconditionally. Muswellbrook Hospital 11.123 The proposal attempts to strike an appropriate balance on threshold issues, recognising that where a person is in residential care, an approved provider has a greater duty of care, and controls many aspects of the care recipients life, including who has access to them. Informed by lessons of the past,the Ageing and Disability Commission is improving how we work with Aboriginal people and communities. [91], 11.75 The Commissioner noted the importance of working cooperatively with complainants and providers to uphold the rights of care recipients, and described the focus of her office as resolution rather than sanctions on individuals or aged care services. [125], 11.101 Under the DRIS, examples of neglect and ill-treatment include inappropriate use of restrictive practices to manage behaviour, leaving residents unsupervised for an extended period of time, withholding food, locking residents outside for extended periods and depriving them of food and water, and failing to connect or flush enteral nutrition tubes. With respect to home care or flexible care, reportable incident should mean a sexual offence, sexual misconduct, assault, fraud/financial abuse, ill-treatment or neglect committed by a staff member on or toward a care recipient. Reporting abuse. Mr Rodney Lewis, a solicitor with over 15 years of legal practice in the area of elder law, suggested there is a good case for arguing that the current complaints system is inadequate for those whose complaints are serious and not amenable to settlement by mediation or the limited pathways which the system offers. [77] However, given the serious nature of the incidents captured by the scheme; the approved providers duty of care owed to, and level of control over the day to day lives of, care recipients; the vulnerability of many of those care recipients; and the potential for conflicts of interest in relation to the management of reportable assaults, there is a strong argument supporting the establishment of a scheme that would function to increase accountability, transparency and organisational responses to serious incidents of abuse of older people. 11.47 Both the reportable assault scheme and the complaints scheme enable reports of abuse and neglect in aged care to be brought to light, by providing mechanisms where data relating to complaints of abuse against older people receiving Commonwealth funded aged care is captured. Part 4AA provides for fraud offences, and could capture some forms of financial abuse: Crimes Act 1900 (NSW). Deputy Ombudsman, Steve Kinmond, noted the significant increase in reports emanating from the DRIS when compared to those coming through the complaints mechanism that is also managed by the NSW Ombudsman: Comparing the data we have in relation to complaints of abuse and neglect, and of course that is one of the functions we perform as compared to the notification of abuse and neglect matters that we have received in relation to the reportable incidents scheme, there is an over 10 times increase in the number of abuse and neglect matters that we receive from this mandatory reporting system than what we receive under the complaints system. 1. The scheme should sit alongside existing complaint mechanisms, and strengthen the systems responses to complaints (including compulsory reports) of abuse and neglect. Royal North Shore Hospital Document injuries and treatment given and other intervention provided. 11.36 The ALRC proposes the introduction of a reportable incident scheme in aged care, modelled on New South Wales disability reportable incidents scheme, and that this scheme replace the current statutory compulsory reporting scheme. 11.82 Combining complaints and compulsory reporting would address a gap identified by some stakeholders, namely that reportable assaults are not necessarily treated as complaints, and responded to appropriately. Under the proposed scheme, approved providers would be required to report a broader range of abusive conduct to the Complaints Commissioner. 11.50 The Department of Health describes its role as confirming that reporting is made within the specified timeframe; that there are appropriate systems in place for reporting; and that appropriate action has been taken. We submit that there appears to be no principled reason for exempting home-based or flexible care providers from mandatory reporting obligations. PDF SESLHD PROCEDURE COVER SHEET - Ministry of Health [155] It is not proposed to expand the provisions to be as broad as those in Ch 16A. Lockhart & District Hospital See ourAccessibility pagefor further information. Alternatively use Elder Abuse Suspicion Index (EASI) as an assessment tool. These officers are able to exercise a number of powers, including the power to search premises, take photographs, inspect documents and to ask people questions. Abuse in the home or community. Legal Aid, Guardianship Tribunal, Mental Health services. It includes abandonment, neglect (including self-neglect) or exploitation (usually . Unlike the current scheme, it was not independent of the Department of Health. Contact Dr Clare Skinner, Director of Emergency Medicine for more details on clare.skinner@health.nsw.gov.au. Intervention If Elder Abuse is suspected or disclosed: The 5step approach to identifying and responding to the abuse of older people, STEP 1: IDENTIFY ABUSE (suspected, witnessed or disclosed). The types of abuse that must be reported. There are quality standards that providers are required to maintain, but these focus more broadly on quality of care provided, rather than a providers response to a particular incident. Key issues for ED staff is that elder abuse does not discriminate, its hidden from view and can have serious physical injury and long term psychological consequences. Have you been upset because someone talked to you in a way that made you feel shamed or threatened? Rylstone Multi-Purpose Health Service 11.105 The Office of the Public Advocate Victoria asserted that the exception to mandatory reporting of assaults under these conditions is too lenient. The Seniors Rights Service is a community organisation that provides free and confidential telephone advice, aged care advocacy and support, legal advice, and education forums to seniors in NSW. Aged Care Complaints Commissioner, Submission 148; Aged Care Act 1997 (Cth) pt 6.6. PDF Identifying and responding to abuse of older people - Ministry of Health Two consequences were noted as a result of this. If this is not what you are after, you can find other support service contacts that may better suit your needs here. Allow extra time for responding and pace questions. Its not mandatory to make a report if it is an unborn child, or a young person aged 16 to 17. Tomaree Community Hospital Australian Association of Social Workers, Submission 153; Townsville Community Legal Service Inc, Submission 141; Aged and Community Services Australia, Submission 102. While all six questions should be asked, a response of yes on one or more of questions 2-6 may establish concern. Reportable assaults are defined as, unlawful sexual contact, unreasonable use of force, or assault specified in the Accountability Principles and constituting an offence against a law of the Commonwealth or a State or Territory , staff member of an approved provider means an individual who is employed, hired, retained or contracted by the approved provider (whether directly or through an employment or recruiting agency) to provide care or other services. (c) an incident resulting in an unexplained serious injury to a care recipient. Bulli Hospital Coonabarabran District Hospital Allegations of neglect are made against one of the agency casual workers, including that they failed to seek medical attention for a client who was seriously ill, and left a client unattended in the bath while the worker had a cigarette outside. 11.138 There are sound reasons to include such a provision relating to aged care. 11.109 PWDA advocated for a formal response to such incidents: We have concerns where the aged care provider puts in place arrangements to manage the behaviour or care of this resident, especially as the sole response to a violent incident. The Complaints Commissioner already has jurisdiction to resolve complaints about aged care services, as well as to educate service providers about responding to complaints. Wilson Memorial Community Hospital, Murrurundi See ourAccessibility pagefor further information. As observed by the NSW Ombudsman, a reporting and independent oversight system is an important and necessary component of a comprehensive framework for preventing and effectively responding to, abuse, neglect and exploitation of more vulnerable people members of the community and is fundamental to enabling a genuinely person-centred approach to supports.[81]. Cowra District Hospital 1800 ELDERHelp (1800 353 374) is a free call phone number that automatically redirects callers seeking information and advice on elder abuse with the phone service in their state or territory. Telephone: 1800 424 079 (Monday to Friday, 9am-4.30pm) Email: info@seniorsrightsservice.org.au Website: www.seniorsrightsservice.org.au.

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