What this policy aims to do
Promote understanding and protection of the rights of people using our services and explain their responsibilities toward others.
Who this policy applies to
Every person who uses any services and all employees, contractors, and volunteers.
Who is responsible for implementing this policy
Managers and service delivery employees, contractors, and volunteers.
Legislation this policy is based on
- National Disability Service Standards
- United Nations Convention on the Rights of Persons with Disabilities
Definitions of words used in this policy
The freedoms that we are all entitled to because we are all equal. They are about being treated fairly, treating others fairly and having the ability to make genuine choices in our daily lives.
The duties we have towards other people to treat them fairly and respect their rights.
The necessary and appropriate modification or adjustment to provide persons with disability the ability to exercise their human rights and fundamental freedoms.
The National Disability Insurance Scheme is called the NDIS and was established under the NDIS Act. The National Disability Insurance Agency (NDIA) is the organisation which manages the NDIS. The NDIS aims to:
- support the independence and social and economic participation of people with disability; and
- enable people with a disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.
Uphold the rights of people with disability, including the right to:
- Dignity and respect
- Live free from violence, abuse, neglect, exploitation, and discrimination
- Individual values and beliefs
- Independence and informed choice
- Accessibility and inclusion
- Freedom of expression
MYCO Support will achieve this through:
- Empowering people with disability to exercise choice and control in the support services they receive, while ensuring appropriate protections are in place.
- Building the capacity of people with disability, their families, and their Carer/s to make informed decisions about services and providers.
- Responding to and managing concerns and complaints.
All Participants are made aware of their Rights and Responsibilities via their Service Agreement prior to the commencement of services.
The Participant will receive supports that promote and respect their legal and human rights and enables them to exercise choice.
MYCO Support will ensure it meets the conditions of all relevant legislation and standards including the NDIS Practice Standards and the NDIS Code of Conduct, pertaining to Participant rights and responsibilities.
MYCO Support recognises there are many human and legal rights the Participant is entitled to have acknowledge and upheld during the provision of supports and beyond.
MYCO Support also has a responsibility to its staff to ensure their rights are acknowledge and upheld in the workplace. To do this MYCO Support requires the Participant to understand their role in ensuring the rights of their Provider are recognised and to take some responsibility to ensure they are upheld.
MYCO Support will ensure all participants are informed of their rights and responsibilities prior to the commencement of services via the Service Agreement (SA).
Participant’s rights will be central when developing and reviewing supporting policies.
MYCO Support’s Responsibilities
MYCO Support agrees to the following to ensure the rights of the Participant are acknowledged and upheld:
- Actively listen and work with the Participant to identify their wishes, will, preferences and rights to establish goals and needs and subsequently develop a Support Plan (SP).
- Review the provision of the Participant’s supports regularly;
- Provide safe and high-quality services and support, in accordance with the relevant support and service descriptions that meet the Participant’s needs at their preferred times (where reasonable and possible);
- Work with the Participant and/or their advocate, trusted decision maker and/or family member to assist the Participant to exercise choice and control and to have their voice heard in matters that affect them.
- Communicate openly and honestly in a timely manner and in a way the Participant can best understand including using an interpreter if required;
- Listen to Participant feedback and resolve problems as quickly as is reasonable to do so.
- Treat the Participant with courtesy and respect and deliver our services in a fair, equitable and transparent manner;
- Consult the Participant on decisions regarding how supports are provided;
- Provide the Participant with information about managing any complaints or disagreements with providers (including the details of their cancellation policy, if relevant) and treat the Participant fairly and impartially if they make a complaint.;
- Facilitate arrangements for the Participant’s Advocate (as defined under the NDIS) if they are affected by a complaint or incident and wish to be independently supported in that process by an Advocate;
- Investigate any incidents that occur and follow NDIS (Incident Management and Reportable Incidents) Rules 2018. This includes involving the Participant in the investigation and determining actions / outcomes.
- Maintain accurate records regarding the supports delivered to the Participant and store their information securely;
- Respect the Participant’s cultural values and beliefs;
- Inform the Participant of all costs associated with the provision of supports including the cost associated with cancellations.
- Give the Participant a minimum of 24 hours’ notice (where possible) if we have to change a scheduled appointment to provide supports.
- Provide supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act and Rules, and the Australian Consumer Law.
- Issue regular invoices for the provision of supports delivered to the Participant.
- Give the Participant the required notice if we need to end the Service Agreement.
- Provide a copy of any of our Policies if further information is required.
MYCO Support and its Support Coordinators are not able to:
- Act as an Advocate for you, however further information on disability advocacy and finding a disability Advocate can be found at www.ndiscommission.gov.au/ participants/disability-advocacy
- Provide you with case management services; or
- Provide you with any transport in a private vehicle owned by MYCO Support or one of its employees.
The Participant or their representative agrees to the following to ensure the rights of the Participant and the Provider are upheld:
- Be involved in the development of your Support Plan, informing us as to how you wish your services and supports to be delivered.
- Provide accurate information and keep us informed of changes to your personal information.
- Inform us if you are receiving other services or supports;
- Pay your invoices from us within 7 days of receipt of invoice;
- Ensure you have checked there are appropriate funds available for claiming services that have been booked and provided. If MYCO Support or other services are unable to make a claim to NDIA for the provision of a service due to insufficient funds you are responsible for payment.
- Treat MYCO Support and our Staff with courtesy, respect, and dignity.
- Provide a safe and smoke-free environment for us to work in if seen in the community.
- Talk to us if you have any concerns about the supports being provided.
- Give us a minimum of 24hours’ notice if you cannot make a scheduled appointment; and understand if the notice is not provided by then, the Cancellation Policy will apply (see Fees for Funded Supports).
- Give us the required notice if you need to end the Service Agreement (see Ending this Service Agreement)
- Let us know immediately if your NDIS plan is suspended or replaced by a new NDIS plan or you stop being a Participant in the NDIS.
- Give us feedback or lodge a complaint if you are dissatisfied with our service or the way it is delivered.
- Discuss your concerns regarding risks associated with achieving your Support Plan.
- Request a copy of any of our Policies if further information is required.
The Participant may choose to opt in or out of the following and understands that in doing so may affect the delivery our services efficiency and effectiveness.
- If required for regulatory or auditing purposes, be contacted to discuss our services and have your records reviewed by relevant third parties;
- Receive documents and updates electronically. and
- Receive direct marketing material from us.
Participant understanding and communication of Rights and Responsibilities.
- Participants receive information about their rights and responsibilities prior to the provision of supports via their Service Agreement.
- The MYCO Support Provider goes through Rights and Responsibilities with the Participant as per the Service Agreement at the time of the initial assessment.
- MYCO Support endeavours to ensure the Participant. understands the information by using appropriate communication and interpreters if required.
- If the MYCO Support Provider is uncertain the participant understands their rights and responsibilities they will seek consent to talk with a trusted decision maker, family member or advocate.
Participant review of Rights and Responsibilities
- Participant Rights and Responsibilities are reviewed at least annually, and changes are made to the Service Agreement to reflect these changes as / if required. Participants are informed of any changes.
- Staff will receive training on participant’s rights and responsibilities at induction and on a regular and on-going basis.