1. Compliance Policy Statement
1.1. All participants should be supported in developing skills, building relationships, and engaging in their social, educational, and community lives. For children in care, carers are typically the primary support providers, offering strengths-based, positive role-modeling, and appropriate discipline in a safe, nurturing relationship.
1.2. A participant’s behavior may be developmentally appropriate and consistent with other children of the same age. However, behavior can also be influenced by factors such as trauma, disability, mental health issues, substance abuse, or the broader environmental context.
1.3. When supporting participants who exhibit challenging or at-risk behaviors, it is essential to understand the underlying reasons for these behaviors. This enables the development of effective strategies to reduce the need for such behaviors. Without these strategies, there is a risk of implementing restrictive practices or excluding the child from everyday activities.
1.4. Under the NDIS Safeguard Commission's requirements, all providers registered after June 2018 must ensure complaints are handled properly, empowering participants to express concerns in a confidential, fair, and protected manner. This document aims to fulfill this requirement and ensure compliance with the framework.
1.5. When providing positive behavior support for Aboriginal and Torres Strait Islander children and families, their connection to family, community, culture, and country must be prioritized.
1.6. Child Safety is committed to upholding human rights as outlined in the Human Rights Act 2019, ensuring that all decisions and actions are compatible with these rights.
2. Principles
The safety, well-being, and best interests of the child, both now and in the future, are paramount.
Rise staff will act in a manner that aligns with human rights and obligations under the Human Rights Act 2019.
All participants, including those with disabilities, are entitled to support that prioritizes their best interests.
Support will be tailored to meet the age, developmental stage, and cultural needs of the participant.
Carers have a legal duty of care to take proactive steps to protect participants from foreseeable harm.
Participants have the right to protection from strategies that could constitute abuse, inhumane treatment, or high-risk practices when developing positive behaviors.
The five elements of the child placement principle—prevention, partnership, placement, participation, and connection—apply to decisions and actions involving Aboriginal and Torres Strait Islander children.
3. Policy Objectives
This policy seeks to ensure that participants:
Are supported in building skills for maintaining relationships and developing positive behaviors.
Are provided environments that meet their needs, reducing the reliance on challenging or at-risk behaviors.
Have access to appropriate specialist support when addressing complex or high-risk behaviors.
Employ trauma-informed strategies to ensure the safety of themselves and others.
4. Scope
4.1 This policy applies to:
Children and young people subject to care agreements, assessment orders, or custody/guardianship orders under the relevant Act, including temporary custody or transition orders.
All participants engaged with Rise, or considering engagement, in accordance with NDIS guidelines. The policy will be updated regularly to reflect changes in NDIS Safeguard Commission guidelines.
This document serves to assist people with disabilities, their families, carers, advocates, workers, and the general public in understanding how to file complaints in line with NDIS Safeguard Commission expectations.
5. Definitions
Act: Refers to the National Disability Insurance Scheme Act 2013.
Behaviours of Concern: Behaviors that are more severe, frequent, or prolonged, requiring intensive intervention. These behaviors do not include minor, developmentally typical transgressions.
Behaviour Support Practitioner: A professional qualified to conduct assessments and develop behavior support plans, including plans that may involve restrictive practices.
Restrictive Practices: Any practice or intervention that limits the rights or freedom of movement of a person, aimed at protecting them or others from harm.
Positive Behaviour Support (PBS): A proactive, person-centered approach aimed at teaching positive behaviors and modifying the environment to facilitate effective learning.
6. What is a Complaint?
6.1 A complaint is an expression of dissatisfaction about a support or service, where a response or resolution is expected.
6.2 Complaints can be made directly to the NDIS Commission or through Rise regarding any issues related to the provision of supports or services. Complaints can involve any NDIS provider or its workers.
6.3 The NDIS Commission handles complaints related to:
The safety and respectfulness of services.
The standard of service delivery.
How complaints were managed by NDIS providers.
How providers dealt with carers or advocates of NDIS participants.
6.4 If a complaint does not fall within these categories, Rise will direct it to the appropriate party for resolution.
6.5 Children and young people may also make complaints to the Department of Communities and Justice (DCJ) or the Office of the Children’s Guardian (OCG), following the procedures outlined in Section 8.
7. Complaint Management Principles
The following principles, aligned with the NDIS Safeguard Commission, guide Rise’s complaint management:
Participant-Centered: Our focus is on empowering individuals with barriers and helping them navigate challenges.
Outcome-Focused: We aim to ensure that complaints lead to a resolution that benefits all parties.
Simple and Transparent: We strive for clear and accessible complaint pathways.
Accountability: We take responsibility for the services we provide and the outcomes of our actions.
Continuous Improvement: Complaints are seen as opportunities for ongoing improvement in how we engage with participants and deliver services.
8. How Can a Complaint be Made?
8.1 Complaints can be made to the NDIS Commission by:
Phone: 1800 035 544 (free from landlines) or TTY 133 677.
Website: Complete a complaint form on the NDIS Commission website: NDIS Commission Contact.
8.2 Complaints can also be made to the Department of Communities and Justice (DCJ) or the Office of the Children’s Guardian (OCG) through their respective contact methods outlined in the original document.
8.3 Complaints can be submitted to Rise directly via:
Post: 10 York Street, Golden Point, Vic 3350
Phone: 1300 478 812 (For senior officer contact, request to speak with the Managing Director)
Email: [email protected]
9. Complaints Process
9.1 To submit a complaint about services from Rise or another provider, the following process should be followed:
Acknowledgment: Acknowledge the complaint within 24 hours and provide a timeline for consideration, communication, and resolution.
Action Updates: Provide regular updates to the complainant on the status of the complaint.
Outcome Communication: Communicate the final outcome of the complaint in an accessible format.
Protections for Complainants: Protect the identity and confidentiality of the complainant.
Continuous Improvement: After resolution, Rise will review the complaint to identify service improvements.
10. Appealing Complaint Outcomes
10.1 Participants may request a review of a complaint outcome on the following grounds:
Information was incorrectly interpreted.
Perceived conflict of interest in the investigation process.
A breach of procedural fairness occurred.
The outcome is considered unfair or excessively harsh.
10.2 If the internal review does not resolve the issue, the participant may escalate the complaint to an external agency as per Section 8.
11. Record Keeping
11.1 Rise is required to maintain detailed records of all complaints for a minimum of seven years. Records will include:
Information about the complaint.
Actions taken to resolve it.
Outcomes and resolutions.
12. Mandatory Reporting Obligations
12.1 Rise must report specific incidents to the relevant authorities, including:
Death or serious injury of a participant.
Abuse, neglect, or unlawful contact with a participant.
Unauthorized use of restrictive practices.
12.2 This obligation extends to reporting suspected crimes to the police or other relevant authorities.