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Disability Services (Eligibility — Targeted Support Services) Standards (FaHCSIA) 2008

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Disability Services (Eligibility — Targeted Support Services) Standards (FaHCSIA) 2008
I, Jenny Macklin, Minister for Families, Housing, Community Services and Indigenous Affairs, determine these Standards under paragraph 5A (1) (a) of the Disability Services Act 1986.
 
Dated                  6 May                       2008
J. Macklin
Minister for Families, Housing, Community Services and Indigenous Affairs
Contents
                        1     Name of Standards                                                                              2
                        2     Commencement                                                                                  2
                        3     Definitions                                                                                           2
                        4     Application                                                                                          3
                        5     Standards                                                                                           3
                        6     Standards cease to have effect                                                             3
Schedule 1             Eligibility standards — targeted support services                              4
                                                                                                                                         
 
 
 
 
 
 
 
 
 
 
 
1              Name of Standards
                These Standards are the Disability Services (Eligibility — Targeted Support Services) Standards (FaHCSIA) Disability Services (Eligibility — Targeted Support Services) Standards (FaHCSIA) 2008.
2              Commencement
                These Standards commence on 12 May 2008.
3              Definitions
                In these Standards, unless the contrary intention appears:
Act means the Disability Services Act 1986.
advocate, of a person with a disability, means a person who:
                (a)    primarily represents the interests of the person with a disability in a way consistent with the expressed wishes of the person with a disability; or
               (b)    acts in the best interests of the person with a disability if he or she is unable to express his or her wishes;
in order to assist the person with a disability to exercise control over his or her life.
community means both the immediate local environment and the broader society.
complaint, regarding a service or a service provider, includes a problem, or cause for discontent, relating to some aspect of the service or the service provider.
dispute, regarding a service or a service provider, includes any instance that involves a problem, or cause for discontent, relating to some aspect of the service or the service provider.
informed consent, of a service recipient, means agreement by the service recipient based on an understanding of the implications of what is being agreed to and its likely consequences for the service recipient.
integration means both physical integration (that is, people with a disability having access to the same places, and in the same manner, as other people, and receiving services in the community) and social integration (that is, people with a disability being able to build and maintain a wide range of relationships with members of the community).
least restrictive way, in relation to the provision of a service that meets a person’s needs, means the provision of a service that is appropriate to the person’s needs, while allowing the person as much freedom of choice, independence and opportunity as possible.
participate, in relation to the community, means take part, or actively share, in the life of the community.
relative need, as a basis of having access to a service, means a concept that ranks potential service recipients on the basis of greatest unmet need and the benefits they would gain from the service.
resolved, in relation to a complaint or dispute, means the complaint or dispute is settled or concluded, and each of the parties to the complaint or dispute is notified of the outcome, whether or not the complaint or dispute is concluded in favour of any of the parties.
 
 
retribution includes intimidation.
service means support or assistance.
service provider, in relation to the provision of targeted support services by a State or eligible organisation, means the management and operational units of the State or eligible organisation responsible for the service.
service recipient:
                (a)    means a person with a disability who has applied for, is receiving, or has received a targeted support service; and
               (b)    includes a family member, an unpaid primary carer, and an advocate, of the person.
targeted support services means the class of services approved under section 5 of the Disability Services (Eligible Services) Approval 2004.
Note   Unless the contrary intention appears, an expression used in these Standards and in the Act has the same meaning in these Standards as it has in the Act (see subsection 46 (1)of the Acts Interpretation Act 1901).
4              Application
         (1)   These Standards apply to targeted support services.
         (2)   Other Standards made under paragraph 5A (1) (a) of the Act do not apply to these services.
5              Standards
                The eligibility standards to be observed in the provision of targeted support services are the standards set out in Schedule 1.
6              Standards cease to have effect
                These Standards cease to have effect on 12 May 2012.
                   
 
Schedule 1        Eligibility standards — targeted support services
(subsection 5 (2))
  
1              Standard 1: Service access
                Each person with a disability who is seeking a service has access to a service on the basis of relative need and available resources.
               1.1    The service provider adopts and applies non-discriminatory entry rules in respect of age, gender, race, culture, religion or disability, consistent with the contractual obligations of the service provider and the purpose of the service.
               1.2    The service provider’s entry and exit procedures are fair and equitable and consistently applied.
2              Standard 2: Individual needs
                Each person with a disability receives a service that is designed to meet, in the least restrictive way, his or her individual needs and personal goals.
               2.1    Each individual’s community participation goals and, if appropriate, employment goals are established objectively to reflect his or her needs and personal goals.
               2.2    Each individual’s community participation goals and, if appropriate, employment goals are used as a basis for service provision, with the service provider undertaking a process of planning, implementation, review and adjustment to facilitate the achievement of these goals.
               2.3    Services are delivered to meet each individual’s community participation goals and, if appropriate, employment goals through pathways and plans that do not have any unnecessary restrictions or constraints.
3              Standard 3: Decision making and choice
                Each person with a disability has the opportunity to participate as fully as possible in making decisions about the events and activities of his or her daily life in relation to the service he or she receives.
               3.1    The service provider provides appropriate and flexible opportunities for each individual to participate in decision-making at all levels, including individual choices in community participation planning and pre‑employment, service delivery planning, corporate and business planning and, if appropriate, employment planning.
               3.2    The service provider acts on the outcomes of service recipient input into decision-making.
4              Standard 4: Privacy, dignity and confidentiality
                Each service recipient’s right to privacy, dignity and confidentiality in all aspects of his or her life is recognised and respected.
               4.1    The service provider complies with the Information Privacy Principles of the Privacy Act 1988 in order to protect and respect the rights of individual service recipients. The service provider does not disclose personal information about service recipients without their informed consent.
               4.2    The service provider promotes tolerance and respect for each service recipient’s personal needs and circumstances.
5              Standard 5: Participation and integration
                Each person with a disability is supported and encouraged to participate and be involved in the community.
               5.1    The service contributes to individual outcomes for service recipients that progressively builds opportunities for their participation and involvement in the community, for example, through employment.
6              Standard 6: Valued status
                Each person with a disability has the opportunity to develop and maintain skills and to participate in activities that enable him or her to achieve valued roles in the community.
               6.1    The service promotes the belief and ability of service recipients to fulfil valued roles in the community.
               6.2    The service promotes opportunities for community participation and, if appropriate, employment for service recipients to fulfil valued roles in the community.
               6.3    The service develops and maintains service recipients’ skills relevant to their roles in the community.
7              Standard 7: Complaints and disputes
                Each service recipient is encouraged to raise, and have resolved without fear of retribution, any complaints or disputes he or she may have regarding the service provider or the service.
               7.1    The service provider encourages the raising of complaints by service recipients regarding any areas of dissatisfaction with the service provider and the service.
               7.2    Service recipients have no fear of retribution in raising complaints.
               7.3    The service provider facilitates the resolution of complaints or disputes by service recipients regarding the service provider and the service.
8              Standard 8: Service management
                Each service provider adopts quality management systems and practices that optimise outcomes for service recipients.
               8.1    The service provider has management systems in place that facilitate quality management practices and continuous improvement.
10            Standard 10: Service recipient training and support
                The opportunities for community participation and, if appropriate, employment of each person with a disability are optimised by effective and relevant training and support.
             10.1    The service provider provides or facilitates access to relevant training and support programs that are consistent with the community participation goals and, if appropriate, employment goals and opportunities of each service recipient.
11            Standard 11: Staff recruitment, employment and training
                Each person employed to deliver services to a person with a disability has relevant skills and competencies.
             11.1    The service provider identifies the skills and competencies of each staff member.
             11.2    The service provider ensures that its staff have relevant skills and competencies.
             11.3    The service provider ensures the provision of appropriate and relevant training and skills development for each staff member.
12            Standard 12: Protection of human rights and freedom from abuse
                The service provider acts to prevent abuse and neglect and to uphold the legal and human rights of service recipients.
             12.1    The service provider takes all practical and appropriate steps to prevent abuse and neglect of its service recipients.
             12.2    The service provider upholds the legal and human rights of its service recipients.