Disability Services Act 1993

Disability Services Regulations 2004

 

Disability Services Regulations 2004

Contents

Part 1 — General

1.Citation2

2.Commencement2

3.Nominations for Board membership (s. 7)2

4A.Disability Service Standards (s. 12)2

4.Nominations for Council membership (s. 22)2

5.Procedure for public consultation by Council (s. 23)3

6.Public authorities to which Part 5 does not apply (s. 27)3

7.Standards for disability access and inclusion plans (s. 28)3

8.Information in reports about disability access and inclusion plans (s. 29)3

9.Publication of disability access and inclusion plans (s. 29A)4

10.Procedure for public consultation by authorities (s. 28)4

Part 2  Trial of disability services model

Division 1 — General

11.Terms used6

12.Trial areas and periods (s. 26G)6

13.Disclosure of information (s. 52)7

Division 2 — Becoming a participant

Subdivision 1 — General

14.References in regulation headings to comparable Commonwealth rules7

Subdivision 2 — Residence requirements

15.Qualifying residence requirement to be met (NDIS rule 4.1)8

16.Qualifying residence requirement (NDIS rules 4.6 ‑ 4.8)8

17.Ongoing residence requirement to be met (NDIS rules 4.1 and 4.2)10

18.Ongoing residence requirement (NDIS rules 4.9 ‑ 4.11)10

Subdivision 3 — Disability requirements

19.Disability requirement — permanent impairment (NDIS rules 5.4 ‑ 5.7)11

20.Disability requirement — substantially reduced functional capacity (NDIS rule 5.8)12

Subdivision 4 — Early intervention requirements

21.Early intervention requirement — permanent impairment (NDIS rules 6.4 ‑ 6.7)12

22.Early intervention requirement — supports to benefit person (NDIS rules 6.9 and 6.10)13

Subdivision 5 — Assessment tools

23.Assessment tools may be used (NDIS rule 7.1)14

Division 3 — Supports for participants

Subdivision 1 — General

24.References in regulation headings to comparable Commonwealth rules15

Subdivision 2 — Assessing proposed supports

25.Value for money (NDIS rule 3.1)15

26.Effective and beneficial and current good practice (NDIS rules 3.2 and 3.3)16

27.Reasonable family, carer and other support (NDIS rule 3.4)17

Subdivision 3 — Criteria for supports

28.General criteria for supports (NDIS rules 5.1 ‑ 5.3)18

Division 4 — Supports for participants — accounting for compensation

Subdivision 1 — General

29.Terms used19

30.References in regulation headings to comparable Commonwealth rules20

Subdivision 2 — Compensation

31.Application of Division (NDIS rules 3.1 and 3.2)20

32.Periodic payments (NDIS rule 3.3)22

Subdivision 3 — Compensation, or foregone compensation, to be taken into account

33.Funding to be reduced by compensation reduction amount (NDIS rules 3.5 and 3.6)22

34.Reduction may be amortised (NDIS rule 3.7)23

35.Commission may advise person as to likely compensation reduction amount (NDIS rule 3.8)23

36.Special circumstances (NDIS rule 3.10)24

Subdivision 4 — Compensation reduction amount

37.Compensation reduction amount — support component objectively identified (NDIS rules 3.11 and 3.12)24

38.Compensation reduction amount — other circumstances (NDIS rules 3.13 ‑ 3.16)25

39.Compensation reduction amount — participant in a Commonwealth, State or Territory statutory insurance scheme (NDIS rules 3.17 and 3.18)27

40.Compensation reduction amount — agreement to give up compensation (NDIS rules 3.19 ‑ 3.21)27

Part 3 — Complaints

41.Return of complaints received (s. 48A)29

Schedule 1 — Public authorities to which Part 5 applies

Schedule 2 — Standards for disability access and inclusion plans

Schedule 3 — Desired outcomes of disability access and inclusion plans

Schedule 4 — Prescribed service providers and complaint returns

Division 1 — Service providers

Division 2 — Form of complaint return

Notes

Compilation table50

Defined terms

 

Disability Services Act 1993

Disability Services Regulations 2004

Part 1  General

[Heading inserted in Gazette 30 Jun 2014 p. 2394.]

1.Citation

These are the Disability Services Regulations 2004 1.

2.Commencement

These regulations come into operation on the day on which the Disability Services Amendment Act 2004 comes into operation 1.

3.Nominations for Board membership (s. 7)

For the purposes of section 7(2a) of the Act, the Minister is to seek nominations for membership of the Board by notice published at least 3 weeks before nominations close in a newspaper circulating throughout the State.

4A.Disability Service Standards (s. 12)

The following Disability Service Standards, endorsed and published by the Commission in 2014 are prescribed for the purposes of section 12(1)(i) of the Act —

(a)Rights;

(b)Participation and Inclusion;

(c)Individual Outcomes;

(d)Feedback and Complaints;

(e)Service Access;

(f)Service Management.

[Regulation 4A inserted in Gazette 30 Jun 2014 p. 2394.]

4.Nominations for Council membership (s. 22)

For the purposes of section 22(3) of the Act, the Minister is to seek nominations for membership of the Council by notice published at least 3 weeks before nominations close in a newspaper circulating throughout the State.

5.Procedure for public consultation by Council (s. 23)

(1)For the purposes of section 23(1a) of the Act, the Council is to undertake consultation by calling for submissions on issues of concern to people with disability either specifically or generally —

(a)by notice in a newspaper circulating throughout the State; or

(b)on any website maintained by or on behalf of the Council.

(2)Nothing in subregulation (1) prevents the Council from also undertaking any other consultation.

[Regulation 5 amended in Gazette 11 Jun 2013 p. 2162 and 2164.]

6.Public authorities to which Part 5 does not apply (s. 27)

Part 5 of the Act does not apply to any public authority except to a public authority specified in Schedule 1.

7.Standards for disability access and inclusion plans (s. 28)

For the purposes of section 28(5) of the Act, the standards that a disability access and inclusion plan must meet are those specified in Schedule 2.

8.Information in reports about disability access and inclusion plans (s. 29)

For the purposes of section 29(4) of the Act, a report about a disability access and inclusion plan must include information relating to —

(a)progress made by the relevant public authority and any agents and contractors of the relevant public authority in achieving the desired outcomes specified in Schedule 3; and

(b)the strategies implemented by the relevant public authority to inform its agents and contractors of its disability access and inclusion plan.

9.Publication of disability access and inclusion plans (s. 29A)

For the purposes of section 29A, a public authority must publish its disability access and inclusion plan in a document that is made available —

(a)on request, at the offices of the authority —

(i)in an electronic format; and

(ii)in hard copy format in both standard and large print; and

(iii)in an audio format on cassette or compact disc;

and

(b)on request, by email; and

(c)on any website maintained by or on behalf of the authority,

and notice of which is given in a newspaper circulating throughout the State or, in the case of a local government, the district of that local government under the Local Government Act 1995.

10.Procedure for public consultation by authorities (s. 28)

(1)For the purposes of section 28(10) of the Act, a public authority is to undertake consultation in relation to its disability access and inclusion plan by calling for submissions either generally or specifically —

(a)by notice in a newspaper circulating throughout the State or, in the case of a local government, the district of that local government under the Local Government Act 1995; and

(b)on any website maintained by or on behalf of the public authority.

(2)Nothing in subregulation (1) prevents a public authority from also undertaking any other consultation.

[Regulation 10 amended in Gazette 11 Jun 2013 p. 2162-3.]

Part 2  Trial of disability services model

[Heading inserted in Gazette 30 Jun 2014 p. 2395.]

Division 1 — General

[Heading inserted in Gazette 30 Jun 2014 p. 2395.]

11.Terms used

In this Part —

child means a person who has not reached 18 years of age;

Cockburn‑Kwinana area means the area constituted as at 1 July 2014 by the local government districts of Cockburn and Kwinana;

Lower South West area means the area constituted as at 1 July 2014 by the local government districts of Augusta‑Margaret River, Boyup Brook, Bridgetown‑Greenbushes, Busselton, Donnybrook‑Balingup, Manjimup and Nannup;

NDIS Act has the meaning given in section 26E of the Act;

participant has the meaning given in section 26E of the Act;

plan, in relation to a participant, has the meaning given in section 26I(1) of the Act;

support has the meaning given in section 26I(1) of the Act;

trial has the meaning given in section 26E of the Act.

[Regulation 11 inserted in Gazette 30 Jun 2014 p. 2395.]

12.Trial areas and periods (s. 26G)

(1)For the purposes of section 26G(1) of the Act, the Lower South West area and the Cockburn‑Kwinana area are prescribed.

(2)For the purposes of section 26G(3) of the Act, the trial period for the Lower South West area begins on 1 July 2014 and ends on 30 June 2016.

(3)For the purposes of section 26G(3) of the Act, the trial period for the Cockburn‑Kwinana area begins on 1 July 2015 and ends on 30 June 2016.

[Regulation 12 inserted in Gazette 30 Jun 2014 p. 2396.]

13.Disclosure of information (s. 52)

The disclosure of information to a person for the purpose of the performance of a function of the Agency as defined in the NDIS Act section 9 is prescribed for the purposes of section 52(1)(e) of the Act.

[Regulation 13 inserted in Gazette 30 Jun 2014 p. 2396.]

Division 2 — Becoming a participant

[Heading inserted in Gazette 30 Jun 2014 p. 2396.]

Subdivision 1 — General

[Heading inserted in Gazette 30 Jun 2014 p. 2396.]

14.References in regulation headings to comparable Commonwealth rules

Without limiting the Interpretation Act 1984 section 32(2), a reference to “NDIS rule” followed by a rule designation in the heading to a regulation in this Division is a reference to the rule of the National Disability Insurance Scheme (Becoming a Participant) Rules 2013 (Commonwealth) with which the regulation in this Division is comparable.

[Regulation 14 inserted in Gazette 30 Jun 2014 p. 2396.]

Subdivision 2 — Residence requirements

[Heading inserted in Gazette 30 Jun 2014 p. 2397.]

15.Qualifying residence requirement to be met (NDIS rule 4.1)

For the purposes of section 26H(1)(d) of the Act, a person must meet the qualifying residence requirement set out in regulation 16.

[Regulation 15 inserted in Gazette 30 Jun 2014 p. 2397.]

16.Qualifying residence requirement (NDIS rules 4.6 ‑ 4.8)

(1)A person meets the qualifying residence requirement if —

(a)on 1 July 2014 the person resides in the Lower South West area; or

(b)on 1 July 2015 the person resides in the Cockburn‑Kwinana area.

(2)A person also meets the qualifying residence requirement if —

(a)either —

(i)the person starts to reside in the Lower South West area at any time after 1 July 2014; or

(ii)the person starts to reside in the Cockburn‑Kwinana area at any time after 1 July 2015;

and

(b)the person starts to reside in that area for the dominant purpose of accessing supports not provided under the Act (for example, education, employment, health care or family support); and

(c)exceptional circumstances apply — for example, the person would suffer significant financial or personal hardship, which could reasonably be expected to significantly undermine the person’s wellbeing or social or economic participation, by reason of not being a participant.

(3)A child also meets the qualifying residence requirement if —

(a)the child is born after 1 July 2014, and at least one of the child’s birth parents who cares for that child resides in the Lower South West area on the day the child is born; or

(b)the child is born after 1 July 2015, and at least one of the child’s birth parents who cares for that child resides in the Cockburn‑Kwinana area on the day the child is born; or

(c)at a time after 1 July 2014, the child comes to be in the care of a person who has ongoing parental responsibility for that child and who has resided in the Lower South West area since 1 July 2014, and this will be the child’s place of residence; or

(d)at a time after 1 July 2015, the child comes to be in the care of a person who has ongoing parental responsibility for that child and who has resided in the Cockburn‑Kwinana area since 1 July 2015, and this will be the child’s place of residence; or

(e)in the case of a child whose parents are separated and who spends time with each parent —

(i)at least one of the child’s parents meets the qualifying residence requirement in subregulation (1); or

(ii)the following apply —

(I)at least one of the child’s parents started to reside in the Lower South West area after 1 July 2014, or in the Cockburn‑Kwinana area after 1 July 2015, for the dominant purpose of the child accessing supports that are not provided under the Act (for example, education, employment, health care or family support);

(II)exceptional circumstances apply — for example, the child would suffer significant personal hardship (including because of financial hardship to the parent), which could reasonably be expected to significantly undermine their wellbeing or social or economic participation, by reason of not being a participant.

[Regulation 16 inserted in Gazette 30 Jun 2014 p. 2397-9.]

17.Ongoing residence requirement to be met (NDIS rules 4.1 and 4.2)

The Commission must ensure that a person does not continue to participate in a trial unless the person satisfies the ongoing residence requirement set out in regulation 18.

[Regulation 17 inserted in Gazette 30 Jun 2014 p. 2400.]

18.Ongoing residence requirement (NDIS rules 4.9 ‑ 4.11)

(1)A person meets the ongoing residence requirement at a particular time if, at that time, the person resides in an area mentioned in regulation 12(1) (a trial area).

(2)If a person who is a participant stops residing in a trial area, the person continues to satisfy the ongoing residence requirement for a period of 12 months.

(3)In the case of a child whose parents are separated and who spends time with each parent, the child meets the ongoing residence requirement —

(a)at a particular time if, at that time, at least one of the child’s parents resides in a trial area; and

(b)for a period of 12 months if the child is a participant and both the child’s parents stop residing in a trial area.

[Regulation 18 inserted in Gazette 30 Jun 2014 p. 2400.]

Subdivision 3 — Disability requirements

[Heading inserted in Gazette 30 Jun 2014 p. 2400.]

19.Disability requirement — permanent impairment (NDIS rules 5.4 ‑ 5.7)

(1)For the purposes of section 26H(1)(c)(i) of the Act, the Commission must apply the criteria set out in this regulation in deciding whether a person meets the disability requirement in the NDIS Act section 24(b).

(2)An impairment is, or is likely to be, permanent only if there are no known, available and appropriate evidence‑based clinical, medical or other treatments that would be likely to remedy the impairment.

(3)An impairment may be permanent notwithstanding that the severity of its impact on the functional capacity of the person may fluctuate or there are prospects that the severity of the impact of the impairment on the person’s functional capacity, including their psychosocial functioning, may improve.

(4)An impairment is, or is likely to be, permanent only if the impairment does not require further medical treatment or review in order for its permanency or likely permanency to be demonstrated (even though the impairment may continue to be treated and reviewed after this has been demonstrated).

(5)If an impairment is of a degenerative nature, the impairment is, or is likely to be, permanent if medical or other treatment would not, or would be unlikely to, improve it.

[Regulation 19 inserted in Gazette 30 Jun 2014 p. 2400-1.]

20.Disability requirement — substantially reduced functional capacity (NDIS rule 5.8)

(1)For the purposes of section 26H(1)(c)(i) of the Act, the Commission must apply the criteria set out in this regulation in deciding whether a person meets the disability requirement in the NDIS Act section 24(c).

(2)An impairment results in substantially reduced functional capacity to undertake an activity if its result is that —

(a)the person is unable to participate effectively or completely in the activity, or to perform tasks or actions required to undertake or participate effectively or completely in the activity, without assistive technology, equipment (other than commonly used items such as glasses) or home modifications; or

(b)the person usually requires assistance (including physical assistance, guidance, supervision or prompting) from other people to participate in the activity or to perform tasks or actions required to undertake or participate in the activity; or

(c)the person is unable to participate in the activity or to perform tasks or actions required to undertake or participate in the activity, even with assistive technology, equipment, home modifications or assistance from another person.

[Regulation 20 inserted in Gazette 30 Jun 2014 p. 2401-2.]

Subdivision 4 — Early intervention requirements

[Heading inserted in Gazette 30 Jun 2014 p. 2402.]

21.Early intervention requirement — permanent impairment (NDIS rules 6.4 ‑ 6.7)

(1)For the purposes of section 26H(1)(c)(ii) of the Act, the Commission must apply the criteria set out in this regulation in deciding whether a person meets the disability requirements in the NDIS Act section 25(1)(a)(i) and (ii).

(2)An impairment is, or is likely to be, permanent only if there are no known, available and appropriate evidence‑based clinical, medical or other treatments that would be likely to remedy the impairment.

(3)An impairment may be permanent notwithstanding that the severity of its impact on the functional capacity of the person may fluctuate or there are prospects that the severity of the impact of the impairment on the person’s functional capacity may improve.

(4)An impairment is, or is likely to be, permanent only if the impairment does not require further medical treatment or review in order for its permanency or likely permanency to be demonstrated (even though the impairment may continue to be treated and reviewed after this has been demonstrated).

(5)If an impairment is of a degenerative nature, the impairment is, or is likely to be, permanent if medical or other treatment would not, or would be unlikely to, improve it.

[Regulation 21 inserted in Gazette 30 Jun 2014 p. 2402-3.]

22.Early intervention requirement — supports to benefit person (NDIS rules 6.9 and 6.10)

(1)For the purposes of section 26H(1)(c)(ii) of the Act, the Commission must apply the criteria set out in this regulation in deciding whether a person meets the disability requirements in the NDIS Act section 25(1)(b) and (c).

(2)In deciding whether provision of early intervention supports is likely to benefit the person the Commission may consider —

(a)the likely trajectory and impact of the person’s impairment over time; and

(b)the potential benefits of early intervention on the impact of the impairment on the person’s functional capacity and in reducing their future needs for supports; and

(c)evidence from a range of sources, such as expert opinion and information provided by the person with disability or their family members or carers.

(3)The Commission is taken to be satisfied that provision of early intervention supports for a child under the age of 6 is likely to benefit the child if one or more of the child’s impairments is a mental or physical impairment which, by itself or in combination with other mental or physical impairments, results in developmental delay.

(4)In subregulation (3) —

developmental delay has the meaning given in the NDIS Act section 9.

[Regulation 22 inserted in Gazette 30 Jun 2014 p. 2403-4.]

Subdivision 5 — Assessment tools

[Heading inserted in Gazette 30 Jun 2014 p. 2404.]

23.Assessment tools may be used (NDIS rule 7.1)

(1)In this regulation —

operational policy means a policy made under section 12(1)(b) of the Act as published by the Commission and amended from time to time.

(2)In deciding whether a prospective participant meets the disability requirements or the early intervention requirements, the Commission may, if the Commission considers it appropriate, conduct an assessment using an assessment tool specified in an operational policy.

[Regulation 23 inserted in Gazette 30 Jun 2014 p. 2404.]

Division 3 — Supports for participants

[Heading inserted in Gazette 30 Jun 2014 p. 2404.]

Subdivision 1 — General

[Heading inserted in Gazette 30 Jun 2014 p. 2404.]

24.References in regulation headings to comparable Commonwealth rules

Without limiting the Interpretation Act 1984 section 32(2), a reference to “NDIS rule” followed by a rule designation in the heading to a regulation in this Division is a reference to the rule of the National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Commonwealth) with which the regulation in this Division is comparable.

[Regulation 24 inserted in Gazette 30 Jun 2014 p. 2404.]

Subdivision 2 — Assessing proposed supports

[Heading inserted in Gazette 30 Jun 2014 p. 2405.]

25.Value for money (NDIS rule 3.1)

In deciding whether a support represents value for money in that the costs of the support are reasonable, relative to both the benefits achieved and the cost of alternative support, the Commission must consider the following matters —

(a)whether there are comparable supports which would achieve the same outcome at a substantially lower cost;

(b)whether there is evidence that the support will substantially improve the life stage outcomes for, and be of long‑term benefit to, the participant;

(c)whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long‑term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);

(d)for supports that involve the provision of equipment or modifications —

(i)the comparative cost of purchasing or leasing the equipment or modifications; and

(ii)whether there are any expected changes in technology or the participant’s circumstances in the short‑term that would make it inappropriate to fund the equipment or modifications;

(e)whether the cost of the support is comparable to the cost of supports of the same kind that are provided in the area in which the participant resides;

(f)whether the support will increase the participant’s independence and reduce the participant’s need for other kinds of supports (for example, some home modifications may reduce a participant’s need for home care).

[Regulation 25 inserted in Gazette 30 Jun 2014 p. 2405-6.]

26.Effective and beneficial and current good practice (NDIS rules 3.2 and 3.3)

(1)In deciding whether a support will be, or is likely to be, effective and beneficial for a participant, having regard to current good practice, the Commission must consider the available evidence of the effectiveness of the support for others in like circumstances, for example —

(a)published and peer‑reviewed literature and any consensus of expert opinion; or

(b)the experience of the participant or their carers; or

(c)anything the Commission has learned through conducting a trial under section 26G(1) of the Act.

(2)In deciding whether a support will be, or is likely to be, effective and beneficial for a participant, having regard to current good practice, the Commission must take into account and, if necessary seek, expert opinion.

[Regulation 26 inserted in Gazette 30 Jun 2014 p. 2406.]

27.Reasonable family, carer and other support (NDIS rule 3.4)

In deciding whether funding or provision of a support takes account of what it is reasonable to expect families, carers, informal networks and the community to provide, the Commission must consider the following matters —

(a)for a participant who is a child —

(i)that it is normal for parents to provide substantial care and support for children; and

(ii)whether, because of the child’s disability, the child’s care needs are substantially greater than those of other children of a similar age; and

(iii)the extent of any risks to the wellbeing of the participant’s family members or carers; and

(iv)whether the funding or provision of the support for a family would improve the child’s capacity or future capacity, or would reduce any risk to the child’s wellbeing;

(b)for other participants —

(i)the extent of any risks to the wellbeing of the participant arising from the participant’s reliance on the support of family members, carers, informal networks and the community; and

(ii)the suitability of family members, carers, informal networks and the community to provide the supports that the participant requires, including such factors as —

(I)the age and capacity of the participant’s family members and carers, including the extent to which family and community supports are available to sustain them in their caring role; and

(II)the intensity and type of support that is required and whether it is age and gender appropriate for a particular family member or carer to be providing that support; and

(III)the extent of any risks to the long‑term wellbeing of any of the family members or carers (for example, a child should not be expected to provide care for their parents, siblings or other relatives or be required to limit their educational opportunities);

and

(iii)the extent to which informal supports contribute to or reduce a participant’s level of independence and other outcomes;

(c)for all participants — the desirability of supporting and developing the potential contributions of informal supports and networks within their communities.

[Regulation 27 inserted in Gazette 30 Jun 2014 p. 2406-8.]

Subdivision 3 — Criteria for supports

[Heading inserted in Gazette 30 Jun 2014 p. 2408.]

28.General criteria for supports (NDIS rules 5.1 ‑ 5.3)

(1)A support will not be provided or funded under the Act if —

(a)it is likely to cause harm to the participant or pose a risk to others; or

(b)it is not related to the participant’s disability; or

(c)it duplicates other supports provided to the participant; or

(d)it relates to day‑to‑day living costs (for example, rent, groceries and utility fees) that are not attributable to a participant’s disability support needs; or

(e)the provision of the support would be contrary to a law of the Commonwealth or of this State; or

(f)the support consists of income replacement.

(2)The day‑to‑day living costs mentioned in subregulation (1)(d) do not include the following —

(a)additional living costs that are incurred by a participant solely and directly as a result of their disability support needs;

(b)costs that are ancillary to another support that is funded or provided under the participant’s plan, and which the participant would not otherwise incur.

[Regulation 28 inserted in Gazette 30 Jun 2014 p. 2408-9.]

Division 4 — Supports for participants — accounting for compensation

[Heading inserted in Gazette 30 Jun 2014 p. 2409.]

Subdivision 1 — General

[Heading inserted in Gazette 30 Jun 2014 p. 2409.]

29.Terms used

In this Division —

Commission component, of an amount of compensation under a judgment or settlement, means the component that relates to the provision of supports of a kind that may be funded or provided by the Commission under the Act after the date of the judgment or settlement, and may include a component that consists of periodic payments;

compensation reduction amount means an amount worked out under Subdivision 4;

trial actuary means the person appointed by the Commission to be the actuary for a trial under section 26G(1) of the Act.

[Regulation 29 inserted in Gazette 30 Jun 2014 p. 2409-10.]

30.References in regulation headings to comparable Commonwealth rules

Without limiting the Interpretation Act 1984 section 32(2), a reference to “NDIS rule” followed by a rule designation in the heading to a regulation in this Division is a reference to the rule of the National Disability Insurance Scheme (Supports for Participants — Accounting for Compensation) Rules 2013 (Commonwealth) with which the regulation in this Division is comparable.

[Regulation 30 inserted in Gazette 30 Jun 2014 p. 2410.]

Subdivision 2 — Compensation

[Heading inserted in Gazette 30 Jun 2014 p. 2410.]

31.Application of Division (NDIS rules 3.1 and 3.2)

(1)This Division applies in relation to a person who is a participant, or who later becomes a participant, if the person’s disability was caused to any extent by a personal injury, and one of the following cases applies —

(a)the person received compensation under a judgment or settlement in respect of the injury in which —

(i)it is possible to identify the Commission component of the amount of compensation; and

(ii)the component is either fixed by a non‑consent judgment or is objectively identifiable (for example, commutation of benefits under a statutory scheme);

(b)the person received compensation under a judgment or settlement in respect of the injury that —

(i)does not satisfy paragraph (a); and

(ii)fixes an amount of compensation in respect of the injury;

(c)the person is receiving compensation under a scheme of insurance or compensation under a Commonwealth, State or Territory law, including a payment under a contract entered into under such a scheme;

(d)the person —

(i)entered into an agreement to give up a right to compensation in respect of the injury; and

(ii)because of that agreement, there are amounts that the person did not receive by way of a compensation payment (even if the person received other amounts by way of compensation payment in respect of the injury); and

(iii)the Commission is not satisfied that it was reasonable, in the circumstances, for the person to have entered into the agreement.

(2)For the purposes of subregulation (1)(d)(iii), in considering whether the person’s entry into the agreement was reasonable, the Commission must have regard to the following matters —

(a)the disability of the participant or prospective participant, including whether the disability affected his or her ability to reasonably assess the terms of the agreement;

(b)the circumstances which gave rise to the entitlement or possible entitlement to compensation;

(c)any reasons given by the participant or prospective participant as to why he or she entered into the agreement;

(d)the impact (including any financial impact) on the participant or prospective participant and his or her family that would have occurred if the claim for compensation had been pursued or continued;

(e)any other matter the Commission considers relevant, having regard to the principles and objects set out in Schedules 1 and 2 of the Act.

[Regulation 31 inserted in Gazette 30 Jun 2014 p. 2410-12.]

32.Periodic payments (NDIS rule 3.3)

For the purposes of this Division, if the Commission component of compensation under a judgment or settlement includes an element that consists of periodic payments, the amount attributable to that element is taken to be —

(a)if the amount is specified in a judgment — that amount; or

(b)if the amount is not specified in a judgment, but the Commission is satisfied that a specified amount was paid by the defendant to ensure the provision of the periodic payments — that amount; or

(c)otherwise — the value of the periodic payments as assessed in accordance with accepted actuarial standards, in consultation with the trial actuary.

[Regulation 32 inserted in Gazette 30 Jun 2014 p. 2412-13.]

Subdivision 3 — Compensation, or foregone compensation, to be taken into account

[Heading inserted in Gazette 30 Jun 2014 p. 2413.]

33.Funding to be reduced by compensation reduction amount (NDIS rules 3.5 and 3.6)

(1)In considering whether or not to approve a plan for a participant, the Commission must take account of any compensation mentioned in regulation 31(1) by reducing the funding for reasonable and necessary supports that would otherwise be approved by the appropriate compensation reduction amount.

(2)To avoid doubt, a compensation reduction amount may arise in relation to each amount of compensation fixed or foregone in respect of injury, including amounts to which different paragraphs of regulation 31(1) apply — in this case, more than one compensation reduction amount may apply for the purposes of subregulation (1).

[Regulation 33 inserted in Gazette 30 Jun 2014 p. 2413.]

34.Reduction may be amortised (NDIS rule 3.7)

The reduction in respect of —

(a)an amount of compensation under a judgment, settlement or agreement mentioned in regulation 31(1)(a), (b) or (d); or

(b)a lump sum received as compensation under a scheme mentioned in regulation 31(1)(c),

may be amortised over a period no longer than the remainder of the participant’s expected lifetime in accordance with accepted actuarial standards, in consultation with the trial actuary.

[Regulation 34 inserted in Gazette 30 Jun 2014 p. 2413-14.]

35.Commission may advise person as to likely compensation reduction amount (NDIS rule 3.8)

If requested to do so by a person who has suffered an injury and is considering a settlement or other agreement that might result in the application of this Part, the Commission may advise the person in relation to the likely compensation reduction amount, or elements of the likely compensation reduction amount, that would apply in relation to the settlement or agreement.

[Regulation 35 inserted in Gazette 30 Jun 2014 p. 2414.]

36.Special circumstances (NDIS rule 3.10)

For the purposes of regulation 33(1), the Commission may ignore the whole or part of a compensation reduction amount that would otherwise arise under this Division if the Commission thinks it appropriate to do so in the special circumstances of the case (which may include financial hardship suffered by the participant).

[Regulation 36 inserted in Gazette 30 Jun 2014 p. 2414.]

Subdivision 4 — Compensation reduction amount

[Heading inserted in Gazette 30 Jun 2014 p. 2415.]

37.Compensation reduction amount — support component objectively identified (NDIS rules 3.11 and 3.12)

(1)In the case of a judgment or settlement mentioned in regulation 31(1)(a), the Commission must identify the compensation reduction amount as follows —

(a)identify the Commission component of the amount of compensation;

(b)subtract an amount that the Commission considers equivalent to the total of the amounts that were paid by the participant for supports of that kind after the date of the judgment or settlement and before becoming a participant;

(c)subtract the amount of any reduction in funding under regulation 33(1) that occurred in relation to a previous plan of the participant.

(2)If, by subtracting a particular amount under subregulation (1), the compensation reduction amount would be reduced to nil or less than nil, the Commission must subtract only so much of the amount that would reduce the compensation reduction amount to nil.

[Regulation 37 inserted in Gazette 30 Jun 2014 p. 2415.]

38.Compensation reduction amount — other circumstances (NDIS rules 3.13 ‑ 3.16)

(1)In the case of a judgment or settlement mentioned in regulation 31(1)(b), the Commission must identify the compensation reduction amount as follows —

(a)calculate the amount of compensation fixed under the judgment or settlement;

(b)subtract the sum of the amounts (if any) payable in respect of the amount of compensation under the following —

(i)the Health and Other Services (Compensation) Act 1995 (Commonwealth);

(ii)the Health and Other Services (Compensation) Care Charges Act 1995 (Commonwealth);

(iii)Part 3.14 of the Social Security Act 1991 (Commonwealth);

(iv)a law of the Commonwealth, a State or a Territory, prescribed by the National Disability Insurance Scheme rules as defined in the NDIS Act section 9;

(c)subtract an amount that the Commission considers reflects the value of any period of preclusion —

(i)that arises from a Commonwealth, State or Territory statutory scheme of entitlements (for example, the Social Security Act 1991) (Commonwealth); and

(ii)that is in respect of the injury;

(d)if no preclusion period has arisen for the purposes of paragraph (c) and the Commission is satisfied that —

(i)the participant claimed damages in relation to lost earnings or lost capacity to earn; and

(ii)the amount of compensation fixed under the judgment or settlement included an amount in respect of those damages,

subtract 50% of the amount of compensation;

(e)if the amount after applying paragraphs (a) to (d) is greater than the value of the reasonable and necessary supports that the Commission considers would have been provided to the participant and funded under the Act over the participant’s expected lifetime, had the participant been a participant from the time of the compensable event — replace the amount by that value;

(f)subtract an amount that the Commission considers equivalent to the total of the amounts that were paid by the participant for supports, being supports of a kind funded under the Act, after the compensable event and before becoming a participant;

(g)subtract the amount of any reduction in funding under regulation 33(1) that occurred in relation to a previous plan of the participant.

(2)For the purposes of subregulation (1)(e), the calculation must be in accordance with any applicable actuarial model published by the Commission and in effect at the time the calculation is undertaken.

(3)If a compensation reduction amount has also been identified in respect of the injury under regulation 37(1), subregulation (1) is to be applied with the following modifications —

(a)reduce from the amount to be subtracted under subregulation (1)(f) any amount subtracted in respect of the injury under regulation 37(1)(b);

(b)reduce from the amount to be subtracted under subregulation (1)(g) any amount subtracted in respect of the injury under subregulation (1)(c).

(4)If, by subtracting a particular amount under subregulation (1), the compensation reduction amount would be reduced to nil or less than nil, the Commission must subtract only so much of the amount that would reduce the compensation reduction amount to nil.

[Regulation 38 inserted in Gazette 30 Jun 2014 p. 2415-18.]

39.Compensation reduction amount — participant in a Commonwealth, State or Territory statutory insurance scheme (NDIS rules 3.17 and 3.18)

(1)In the case of compensation mentioned in regulation 31(1)(c), the Commission must identify the compensation reduction amount by identifying the total value of the care and support expected to be provided to the participant under the scheme until the participant’s plan is required to be reviewed in accordance with applicable operational policies.

(2)For the purposes of subregulation (1), the identification must be —

(a)in accordance with any applicable actuarial model published by the Commission and in effect at the time the calculation is undertaken; and

(b)done in consultation with the person or entity that administers the scheme.

[Regulation 39 inserted in Gazette 30 Jun 2014 p. 2418.]

40.Compensation reduction amount — agreement to give up compensation (NDIS rules 3.19 ‑ 3.21)

(1)In the case of an agreement mentioned in regulation 31(1)(d), the Commission must identify the compensation reduction amount as follows —

(a)assess the likely amount of the Commission component of compensation that the participant would have received under a judgment (other than a consent judgment) had the participant made a claim for compensation in respect of the personal injury;

(b)subtract the amount of any reduction in funding under regulation 33(1) that occurred in relation to a previous plan of the participant;

(c)subtract an amount that the Commission considers equivalent to the total of the amounts that were paid by the participant for supports, being supports of a kind funded under the Act, after incurring the injury and before becoming a participant.

(2)If a compensation reduction amount has also been identified in respect of the injury under regulation 37(1) or 38(1), subregulation (1) is to be applied with the following modifications —

(a)between the steps in subregulation (1)(a) and (b), subtract the compensation reduction amounts identified under regulation 37(1) or 38(1);

(b)reduce from the amount to be subtracted under subregulation (1)(b) any amount subtracted in respect of the injury under regulation 37(1)(c) or 38(1)(g);

(c)reduce from the amount to be subtracted under subregulation (1)(c) any amount subtracted in respect of the injury under regulation 37(1)(b) or 38(1)(f).

(3)If, by subtracting a particular amount under subregulation (1), the compensation reduction amount would be reduced to nil or less than nil, the Commission must subtract only so much of the amount that would reduce the compensation reduction amount to nil.

[Regulation 40 inserted in Gazette 30 Jun 2014 p. 2419-20.]

Part 3  Complaints

[Heading inserted in Gazette 17 Jul 2015 p. 2915.]

41.Return of complaints received (s. 48A)

(1)For the purposes of section 48A of the Act, the prescribed time after 30 June each year within which a prescribed class of service providers must give to the Director a return concerning complaints received and action taken by that service provider during the year is 31 days.

(2)For the purposes of section 48A of the Act, the prescribed service providers required to give the Director a return concerning complaints received and action taken are the people who manage or the chief executives of the disability service provider agencies listed in Schedule 4 Division 1.

(3)For the purposes of section 48A(2) of the Act, the form set out in Schedule 4 Division 2 is prescribed as the form of the return given under subregulation (2).

[Regulation 41 inserted in Gazette 17 Jul 2015 p. 2915‑16.]

 

Schedule 1 — Public authorities to which Part 5 applies

[r. 6]

[Heading inserted in Gazette 11 Jun 2013 p. 2163.]

1.A department established under the Public Sector Management Act 1994 section 35.

2.An entity specified in the Public Sector Management Act 1994 Schedule 2 column 2.

3.A local government.

4.A regional local government, but only when performing a public service that is not the responsibility of a particular participating local government.

5.Curtin University of Technology established under the Curtin University of Technology Act  1966.

6.Edith Cowan University established under the Edith Cowan University Act 1984.

7.Electricity Generation and Retail Corporation established by the Electricity Corporations Act 2005.

8.Electricity Networks Corporation established by the Electricity Corporations Act 2005.

[9.Deleted]

10.Forest Products Commission established by the Forest Products Act 2000.

11. Fremantle Hospital established under the Hospitals and Health Services Act 1927.

12.Heritage Council of Western Australia established under the Heritage of Western Australia Act 1990.

13.Information Commissioner established under the Freedom of Information Act 1992.

14. King Edward Memorial Hospital for Women established under the Hospitals and Health Services Act 1927.

15.Legal Aid Commission of Western Australia established under the Legal Aid Commission Act 1976.

16.Murdoch University established under the Murdoch University Act 1973.

17.Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1971.

18. Princess Margaret Hospital for Children established under the Hospitals and Health Services Act 1927.

19.Regional Power Corporation established by the Electricity Corporations Act 2005.

20. Royal Perth Hospital established under the Hospitals and Health Services Act 1927.

21. Sir Charles Gairdner Hospital established under the Hospitals and Health Services Act 1927.

22.The University of Western Australia established under the University of Western Australia Act  1911.

23.Western Australian Health Promotion Foundation [trading under the name “Healthway”] established under the Tobacco Products Control Act 2006.

24.Western Australian Mint preserved and continued by the Gold Corporation Act 1987.

25.Water Corporation established by the Water Corporation Act 1995.

[Schedule 1 inserted in Gazette 11 Jun 2013 p. 2163‑4; amended in Gazette 27 Dec 2013 p. 6472.]

Schedule 2 — Standards for disability access and inclusion plans

[r. 7]

1.A disability access and inclusion plan must provide a means of ensuring that people with disability have the same opportunities as other people to access the services of, and any events organised by, the relevant public authority.

2.A disability access and inclusion plan must provide a means of ensuring that people with disability have the same opportunities as other people to access the buildings and other facilities of the relevant public authority.

3.A disability access and inclusion plan must provide a means of ensuring that people with disability receive information from the relevant public authority in a format that will enable them to access the information as readily as other people are able to access it.

4.A disability access and inclusion plan must provide a means of ensuring that people with disability receive the same level and quality of service from the staff of the relevant public authority as other people receive from that authority.

5.A disability access and inclusion plan must provide a means of ensuring that people with disability have the same opportunities as other people to make complaints to the relevant public authority.

6.A disability access and inclusion plan must provide a means of ensuring that people with disability have the same opportunities as other people to participate in any public consultation by the relevant public authority.

7.A disability access and inclusion plan must provide a means of reducing barriers to people with disability obtaining and maintaining employment.

[Schedule 2 amended in Gazette 11 Jun 2013 p. 2164-5; 11 Jun 2013 p. 2164.]

Schedule 3 — Desired outcomes of disability access and inclusion plans

[r. 8]

1.People with disability have the same opportunities as other people to access the services of, and any events organised by, a public authority.

2.People with disability have the same opportunities as other people to access the buildings and other facilities of a public authority.

3.People with disability receive information from a public authority in a format that will enable them to access the information as readily as other people are able to access it.

4.People with disability receive the same level and quality of service from the staff of a public authority as other people receive from the staff of that public authority.

5.People with disability have the same opportunities as other people to make complaints to a public authority.

6.People with disability have the same opportunities as other people to participate in any public consultation by a public authority.

7.People with disability have the same opportunities as other people to obtain and maintain employment with a public authority.

[Schedule 3 amended in Gazette 11 Jun 2013 p. 2164‑5.]

Schedule 4 — Prescribed service providers and complaint returns

[r. 41(2) and (3)]

[Heading inserted in Gazette 17 Jul 2015 p. 2916.]

Division 1 — Service providers

[Heading inserted in Gazette 17 Jul 2015 p. 2916.]

Disability Service Provider
(Legal entity names)

Activ Foundation Incorporated

Seventh-day Adventist Aged Care (Western Australia) Limited

Autism Association of Western Australia Inc

Baptistcare Incorporated

Community Living Association Inc.

Disability Services Commission

Empowering People In Communities (EPIC) Inc.

Enable Southwest Inc.

Identitywa

Australian Red Cross Society (t/as Lady Lawley Cottage)

Lifestyle Solutions (Aust) Ltd (Western Operations)

Mosaic Community Care Inc.

My Place Foundation Inc.

Nulsen Haven Association (Inc.)

Perth Home Care Services Inc.

Rocky Bay Incorporated

Senses Australia

The Cerebral Palsy Association Of Western Australia Ltd

Therapy Focus Incorporated

UnitingCare West

[Division 1 inserted in Gazette 17 Jul 2015 p. 2916‑17.]

Division 2 — Form of complaint return

[Heading inserted in Gazette 17 Jul 2015 p. 2917.]

I.Profile of the person making the complaint

The information entered into this part of the complaint report provides useful descriptors to support service providers to interpret data entered in the following sections of this report. Service providers are encouraged to complete all fields in this section recognising the value this provides to individuals with a disability, services and the disability sector. This information may facilitate effective analysis and identification of opportunities for improvement across the sector.

Question 1 is optional and your responses will not be submitted to HaDSCO

1.

a.Complaint reference number (your unique ID for this complaint)

b.What member of staff has the complaint been assigned to?



........................................................


.....................................................

Question 2 is optional and your responses will not be submitted to HaDSCO, apart from question 2c (postcode)

2.

a.What is the name of the person who made this complaint?

b.What is the address of the person who made this complaint?


 

 

c.What is the postcode of the person who made this complaint?

d.What is the phone number of the person who made this complaint?

e.What is the email address of the person who made this complaint?


........................................................

1.Address Line 1:
.............................................

2.Address Line 2:
.............................................

3.Suburb: ....................................

4.State/Territory: ........................

........................
(Numbers only, WA postcode)

Area code ... Phone number .............
(Numbers only)


.....................................................

3.

Who made the complaint? [Please select all that apply]

 

1Anonymous

2Person receiving a disability service (if this option is selected, skip question 5 and proceed to question 6)

3Parent/guardian

4Other family member (e.g. sibling, spouse, child, grandparent)

5Carer

6Advocate

7Friend, neighbour, member of the public

8Staff member of your service

9.Other [Please specify] __________________________

II.Profile of the person(s) receiving disability services

Question 4 is optional and will not be submitted to HaDSCO

4.

Please indicate if this complaint concerns:

1An individual receiving service

2More than one person receiving disability service or a group [Please specify how many people the complaint concerns] ....... (Numbers only)

3Neither an individual nor group (e.g. it was a general matter)
[Go to Question 12]

Question 5 is optional and will not be submitted to HaDSCO, apart from Question 5c (postcode)

5.

a.What is the name of the person receiving a disability service who is the subject of the complaint?

b.What is the address of the person receiving a disability service?


 

 

c.What is the postcode of the person receiving a disability service?

d.What is the phone number of the person receiving a disability service?

e.What is the email of the person receiving a disability service?



........................................................

1.Address Line 1:
...........................................

2.Address Line 2:
...............................................

3.Suburb: .................................

4.State/Territory:......................

........................
(Numbers only, WA postcode)

Area code ... Phone number .............
(Numbers only)


.....................................................

Question 6 is optional and will not be submitted to HaDSCO

6.

Please record any notes here about the person(s) receiving a disability service.

________________________________________________________
________________________________________________________

________________________________________________________

7.

Does the person receiving a disability service identify as Aboriginal or Torres Strait Islander?

1Yes

2No

3Unsure

8.

Is the person receiving a disability service from a culturally and linguistically diverse background?

1Yes [Please specify the background] ______________________

2No

3Unsure

9.

What is the age of the person receiving a disability service?

 

1Less than 5 years old

25 ‑ 10 years

311 ‑ 15 years

416 ‑ 18 years

519 ‑ 25 years

626 ‑ 35 years

736 ‑ 45 years

846 ‑ 55 years

956 ‑ 65 years

1066 ‑ 75 years

1176 ‑ 90 years

12Over 90 years old

13Unknown

10.

What is the gender of the person receiving a disability service?

1Female

2Male

3Transgender

4Unknown

11.

Please identify the main disability/disabilities of the person receiving a disability service. [Please select all that apply]

 

1Not sure

2Intellectual (including Down syndrome)

3Specific learning/Attention Deficit Disorder (other than Intellectual)

4Autism (including Asperger’s syndrome and Pervasive Developmental Delay)

5Physical

6Acquired brain injury

7Neurological (including epilepsy and Alzheimer’s disease)

8Deafblind (dual sensory)

9Vision

10Hearing

11Speech

12Psychiatric

13Developmental delay

14Other disability [Please specify]
________________________

III.Profile of the complaint

Please complete all of the questions in this section for each complaint received by your service. To provide details of other complaints, click the ‘Save and Close Form’ button at the end of this form and either create a new complaint record or update an existing record.

Note: Complaints that are not closed at the end of a reporting period (30 June) will be automatically rolled over into the next reporting period.

12.

When was the complaint received by your service?

...........................
(dd/mm/yyyy)

13.

When did your service acknowledge the complaint?

1.............................
(dd/mm/yyyy)

2We have not acknowledged the complaint (yet)

14.

Please list the postcode(s) where the service was provided. (If more than one location, please list the postcodes of all locations)

1..... (Numbers only, WA postcode)

2......(Numbers only, WA postcode)

3..... (Numbers only, WA postcode)

4......(Numbers only, WA postcode)

5......(Numbers only, WA postcode)

Question 15 is optional and will not be submitted to HaDSCO

15.

Please record your case notes for this complaint here

_______________________________________________________
_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

16.

How is the service funded? [Please select all that apply]

1Disability Services Commission (DSC)

2DSC - NDIS/My Way trial sites (My Way)

3NDIA - NDIS trial sites (NDIA)

4Home and Community Care (HACC) program (Disability)

5Home and Community Care (HACC) program (Non-disability)*

6Other local, state or federal government [Please specify] _________*

7Other non‑governmental funding source [Please specify] _________*

* Note: Only complaints that are fully or partially funded by 1 (DSC), 2 (My Way), 3 (NDIA) or 4 (HACC) program (Disability) will be included in your report to HaDSCO.

17.

Which service(s) was the complaint about? (See Definitions) [Please select all that apply]

 

Accommodation support

1Large residential/institution (>20 places) ‑ 24‑hour care [NMDS code: 1.01]

2Small residential/institution (7‑20 places) ‑ 24‑hour care [NMDS code: 1.02]

3Hostels ‑ generally not 24‑hour care [NMDS code: 1.03]

4Group homes (usually <7 places) [NMDS code: 1.04]

5Attendant care/personal care [NMDS code: 1.05]

6In‑home accommodation support [NMDS code: 1.06]

7Alternative family placement [NMDS code: 1.07]

8Other accommodation support [NMDS code: 1.08] [Please specify] ________________

 

Community support

9Therapy support for individuals [NMDS code: 2.01]

10Early childhood intervention [NMDS code: 2.02]

11Behaviour/specialist intervention [NMDS code: 2.03]

12Counselling (individual/family/group) [NMDS code: 2.04]

13Regional resource and support teams [NMDS code: 2.05]

14Case management, local coordination and development [NMDS code: 2.06]

15Other community support [NMDS code: 2.07] [Please specify] ________________

 

Community access

16Learning and life skills development [NMDS code: 3.01]

17Recreation/holiday programs [NMDS code: 3.02]

18Other community access [NMDS code: 3.03] [Please specify] ________________

 

Respite

19Own home respite [NMDS code: 4.01]

20Centre‑based respite/respite homes [NMDS code: 4.02]

21Host family respite/peer support respite [NMDS code: 4.03]

22Flexible respite [NMDS code: 4.04]

23Other respite [NMDS code: 4.05] [Please specify] _________________

 

Employment

24Open employment [NMDS code: 5.01]

25Supported employment [NMDS code: 5.02]

26Other employment [Please specify] ________

 

Advocacy, information and alternative forms of communication

27Advocacy [NMDS code: 6.01]

28Information/referral [NMDS code: 6.02]

29Combined information/advocacy [NMDS code: 6.03]

30Mutual support/self‑help groups [NMDS code: 6.04]

31Alternative formats of communication [NMDS code: 6.05]

32Other advocacy, information and alternative forms of communication [Please specify] ______________

 

Other support

33Research and evaluation [NMDS code: 7.01]

34Training and development [NMDS code: 7.02]

35Peak bodies [NMDS code: 7.03]

36Other support services [NMDS code: 7.04] [Please specify] ________________

 

Unsure

37

 

Other non‑disability services

38Other non‑disability service [Please specify] ________________*

* Note: Complaints in this category will not be included in your report to HaDSCO.

18.

Which national disability standard(s) relate to this complaint? [Please select all that apply]

1Rights

2Participation and inclusion

3Individual outcomes

4Feedback and complaints

5Service access

6Service management

7Don’t know

19.

Which of the following issue categories best describe the reason(s) for the complaint, as reported by the person who made a complaint? [Please select all that apply]

 

Staff related issues

1Knowledge/skills of workers

2Staff behaviour/attitude (e.g. inappropriate, impolite, rude, lacked empathy, did not treat person with dignity)

3Concerns around discrimination, abuse, neglect, intimidation, assault, bullying or breach of duty of care

4Poor match between person and workers (e.g. personality differences, gender, age or cultural preferences)

5High turnover of workers, staff rostering or staff attendance

6Other staff related issue [Please specify] _________

 

Service delivery, management and quality

7Concerns a round physical and personal health and safety (including physical environment)

8Concerns around compatibility of people who share services

9Concerns around changes to the environment of a person receiving a disability service

10Concerns about lack of choice of service/activities

11Concerns about restrictive practices

12Dissatisfied with quality of services provided

13Insufficient service/care provided

14Concerns that the provider does not encourage people to develop or maintain skills

15Concerns that the provider does not encourage people to be involved in the community

16Other service delivery, management and quality issue [Please specify] ________________

 

Communication/ relationships

17Insufficient communication by service provider

18Poor quality communication

19Lack of consultation or involvement in decision making processes

20 Other communication/relationship issue [Please specify] ________________

 

Services access, access priority and compatibility

21Wait time to access services

22Cost of service

23Funding issues

24No service available within a reasonable distance

25Request for service refused as not assessed as having a disability

26Request for service refused as not compatible with level/type of person’s disability

27Request for service refused as not compatible/poor relationship with other people sharing the service

28Transport issue(s)

29Other service access, access priority and compatibility issue [Please specify] _____________

 

Policy/ procedure

30Concerns about policies/procedures

31Privacy/breach of confidentiality

32Concerns about the way a complaint was handled

33Other policy/procedure issues [Please specify] ________________

 

Carers Charter

34Failure to consider needs of carer

35Failure to consult carer

36Failure to treat carer with respect and dignity

37Unsatisfactory complaint handling

38Other Carers Charter issues [Please specify] ________________

 

Other issue type

39[Please specify] ________________

 

Unsure

40

20.

How serious were the reasons for the complaint? (See the risk matrix in the ‘What is a Complaint?’ document to assist you to answer this question)

1Serious [Comments] _______________________________________

2Less serious [Comments] ___________________________________

21.

What was the main outcome(s) sought by the person who made the complaint? [Please select all that apply]

 

Acknowledgment

1Acknowledgment of person’s views or issues (e.g. the person felt listened to, valued, respected)

Answers

2An explanation or information about services provided

Apology

3An apology from your service

Action

4Change or appointment of a worker/case manager/ coordinator

5Access to an appropriate service

6Change or improvement to communication

7Relocation/transfer to another internal or external service

8Change or review of decision

9A change in policies or procedures

10Performance management, disciplinary action, feedback or training provided for worker(s) at your service

11Re‑imbursement/reduction of fees/waiver/compensation

12Review/improve/implement person’s plan

13Change existing support arrangements

14More choices/options provided to person

15Other outcome [Please specify] _______________

IV.Status of the complaint

This section records details about any action(s) taken to resolve the complaint and the current status of the complaint. The information in this section can be amended over time as additional actions are taken to resolve the complaint and/or its status changes.

22.

Has the complaint been finalised/closed?

1Yes [Go to Question 24]

2No ‑ the complaint has not been closed yet

23.

What is the current status of the complaint? (You do not need to answer any of the remaining questions until the complaint is closed)

1No action taken (yet)

2We are currently reviewing

3We are in negotiation or discussion with the person who made the complaint [Go to Question 25]

4Being dealt with by another agency [Please specify] _____________

5Other actions [Please specify] _____________

24.

On what date was the complaint finalised/closed?

1................... (dd/mm/yyyy)

25.

At what level within your service has the complaint been handled? [Please select all that apply]

1Service outlet level/direct service level

2Consumer liaison/complaints officer (or equivalent)

3Management level

4Executive level

5Other [Please specify] __________________

26.

What was the outcome(s) for the person receiving the disability service and the person who made the complaint? [Please select all that apply]

 

1No outcome (yet)

Acknowledgment

2Acknowledgment of person’s views or issues (e.g. the person felt listened to, valued, respected)

Answers

3An explanation or information about services provided

Apology

4An apology from your service

Action

5Change or appointment of a worker/case manager/ coordinator

6Access to an appropriate service

7Change or improvement to communication

8Relocation/transfer to another internal or external service

9Change or review of decision

10A change in policies or procedures

11Performance management, disciplinary action, feedback or training provided for worker(s) at your service

12Re‑imbursement/reduction of fees/waiver/compensation

13Review/improve/implement person’s plan

14Change existing support arrangements

15More choices/options provided to person

16The person who made a complaint was offered avenues of external appeal or review

17Other outcome [Please specify] _________________________

27.

i.Were system or organisational changes made by your service, or plan to be made by your service, as a result of this complaint?

1Yes, changes have been made or are planned

2No [Go to Question 28]

 

ii.What was the nature of these changes? [Please select all that apply] [Online survey to display follow up question for selected categories only]

 

a.Policies or procedures

1Have changed as a result of the complaint

2Plan to change as a result of the complaint

 

b.The way that services are delivered

1Have changed as a result of the complaint

2Plan to change as a result of the complaint

 

c.The type of services that are provided

1Have changed as a result of the complaint

2Plan to change as a result of the complaint

 

d.Staff training or development

1Have changed as a result of the complaint

2Plan to change as a result of the complaint

 

e.Communication with people with disability or other stakeholders

1Have changed as a result of the complaint

2Plan to change as a result of the complaint

 

f.Other system or organisational change(s) [Please specify] _________

1Have changed as a result of the complaint

2Plan to change as a result of the complaint

28.

What are the key lessons learnt from this complained that could be applied to, useful for, or of interest to the sector?

_______________________________________________________
_______________________________________________________

_______________________________________________________

_______________________________________________________

29.

To what extent do you agree or disagree with the following statements about this complaint.

 

 

Strongly agree

Agree

Neither agree nor disagree

Disagree

Strongly disagree

Don’t know

 

a.The complaint was straightforward to resolve

1

2

3

4

5

6

 

b.Our service managed the complaint well

1

2

3

4

5

6

 

c.The person who made the complaint was satisfied with how this complaint was managed

1

2

3

4

5

6

 

d.The person who made the complaint was satisfied with the outcome of this complaint

1

2

3

4

5

6

Only respond to question 30 if all outcomes sought were not achieved (question 26).

30.

Why did your service not achieve all of the outcomes that were desired by the person who made the complaint? [Please select all that apply]

1Complaint was made anonymously

2Part of the complaint was unrelated to services provided by our agency

3Complaint was withdrawn

4The person who made the complaint did not have the authority to make a complaint on behalf of the person receiving a disability service

5Difference of opinion between parties

6Complaint was vexatious

7The issues raised were about the provider, but were not within the provider’s control or influence to address [Please specify] ____________

8Other [Please specify] _____________

31.

If you have any other comments about the complaint please record them here

_______________________________________________________
_______________________________________________________

_______________________________________________________

[Division 2 inserted in Gazette 17 Jul 2015 p. 2917‑32.]

dline

 

Notes

1This is a compilation of the Disability Services Regulations 2004 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Disability Services Regulations 2004

14 Dec 2004 p. 6002-6

15 Dec 2004 (see r. 2 and Gazette 14 Dec 2004 p. 5999)

Electricity Corporations (Consequential Amendments) Regulations 2006 r. 70

31 Mar 2006 p. 1299‑357

1 Apr 2006 (see r. 2)

Disability Services Amendment Regulations 2013

11 Jun 2013 p. 2161-5

r. 1 and 2: 11 Jun 2013 (see r. 2(a));
Regulations other than r. 1, 2 and 7‑9: 12 Jun 2013 (see r. 2(c) and Gazette 11 Jun 2013 p. 2161);
r. 7‑9: 11 Jun 2014 (see r. 2(b))

Reprint 1: The Disability Services Regulations 2004 as at 2 Aug 2013 (includes amendments listed above except those in the Disability Services Amendment Regulations 2013 r. 7-9)

Electricity Corporations (Consequential Amendments) Regulations 2013 r. 4

27 Dec 2013 p. 6469-79

r. 4(1) and (2): 1 Jan 2014 (see r. 2(c) and Gazette 27 Dec 2013 p. 6465);
r. 4(3): 11 Jun 2014 (see r. 2(b) and Gazette 11 Jun 2013 p. 2161‑5)

Disability Services Amendment Regulations 2014

30 Jun 2014 p. 2391-420

1 Jul 2014 (see r. 2)

Disability Services Amendment Regulations 2015

17 Jul 2015 p. 2915‑32

r. 1 and 2: 17 Jul 2015 (see r. 2(a));
Regulations other than r. 1 and 2: 18 Jul 2015 (see r. 2(b))

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

child11

Cockburn‑Kwinana area11

Commission component29

compensation reduction amount29

developmental delay22(4)

Lower South West area11

NDIS Act11

operational policy23(1)

participant11

plan11

support11

trial11

trial actuary29

trial area18(1)