3rd June 2017
Update June 2020: For more information about our current 2020-21 referral from the Honourable Luke Donnellan, Minister for Child Protection and Minister for Disability, Ageing and Carers please visit our legislation page.
Strengthened oversight of incident reports, deaths and matters of abuse and neglect
The Disability Services Commissioner (the Commissioner) has today received a new referral from the Minister for Housing, Disability and Ageing, Martin Foley MP, which replaces all previous referrals.
In accordance with section 16(c)and 128I(2) of the Disability Act 2006 (the Act), the Minister has requested that the Commissioner inquire into and, at the Commissioner’s discretion, investigate any matter relating to the provision of services (including abuse or neglect in the provision of services) by disability service providers identified in the following:
- Incident reports received from the Department of Health and Human Services (the department), including all deaths (where the deceased was a person with a disability receiving services at the time of their death), and Category One or major impact incidents relating to assault, injury and poor quality of care.
- Deaths referred by the State Coroner where the deceased was a person with a disability receiving services at the time of the person’s death.
- Matters of abuse and neglect referred by the Community Visitors Board.
The purpose of these inquiries and investigations is to improve the services that are investigated, or to understand issues in the services being investigated in order to develop service improvements in response to those issues.
When conducting an investigation under this referral, in accordance with section 1281(4) of the Act, the Commissioner may consider any action the service provider should take to improve services and provide a Notice to Take Action.
The Commissioner has also been requested to include in his annual report:
- a comprehensive annual review of deaths that occur in services
- the number, type and outcomes of investigations conducted under this referral including follow-up investigations
- an overview of any practice or systemic issues identified.
This report will not identify any individuals or entities involved, unless they have failed to comply with a Notice to Take Action.
This referral is to take effect from 12 September 2017 until 30 June 2019.