Choice and Control Policy

1. PURPOSE

This Policy outlines how DCIRS Community Care (“DCIRS”) manages participant and client rights to freedom of expression, determination, and decision-making.

This Policy will commence from 9 October 2024. It replaces all other choice and control policies of DCIRS (whether written or not).

This Policy supports DCIRS to apply the National Standards for Disability Services, in particular Standard 1: Rights.

2. APPLICATION

This Policy applies to all employees, contractors (including temporary contractors), volunteers and business partners of DCIRS, collectively referred to in this Policy as ‘worker.’ Specifically, the Policy applies to everyone who works with participants and clients and/or makes decisions that affect them.

This Policy does not form part of any worker’s contract of employment or service.

3. DEFINITIONS

Choice and control derives from the presumption that people with disability have the capacity to make decisions and to exercise choice and control in life and service outcomes, with appropriate support where needed.

Dignity of risk is autonomy and self-determination used by a person when making decisions, including the choice to take some risks in life. Informed consent is voluntary agreement and willing acceptance of a proposition and following action where the person making the decision has appropriate information and capacity to make the decision free or fear or influence.

4. POLICY

Principles

The following principles inform how DCIRS will manage choice and control in its workplaces.

1. 1. DCIRS respects the rights of people with disability to exercise choice and control about matters that affect them.

2. Collaboration and consultation with people with disability, and other key stakeholders where appropriate, promotes and ensures active choice and control in relation to services.

3. All people with disability are assumed to have the capacity to make decisions, exercise choice, and provide informed consent regardless of their disability.

4. People are supported to develop their capacity to make independent decisions.

5. Timely information is provided in appropriate formats to support informed decision-making, including people’s rights and responsibilities.

6. Choice includes smaller decisions about everyday living through to more complex consultation on co-design of service.

7. DCIRS supports people with disability in a way that is appropriate to their circumstances and cultural needs in order to maximise people’s opportunities to make choices and have control over decisions that affect their lives.

8. DCIRS recognises the role of family, carers, and advocates in representing people’s interests and promoting choice and control in the planning and delivery of supports.

Supporting choice

Supporting participant and client choices involves adopting the philosophy of dignity of risk. Dignity of risk is understood in terms of choice and not supporting dangerous or unsafe behaviours.

Examples of choice include deciding what to eat, what to wear, what to do, and other decisions that all other people make daily. People with disability should be supported to make as many decisions and choices related to a typical life as they wish.

Choice includes deciding which service provider a person might buy services from, where and when.

In order to support choice, DCIRS will reasonably provide information in formats that people with disability understand and prefer. Examples may include assistive technology, translation, and any cultural needs.

Individual decisions and preferences will be recorded in organisational care plans and client profiles and provided to workers for tailored services and consistency across the service.

DCIRS is committed to providing support in ways that uphold the person’s right to self-determination and decision making and do not limit or influence the decision-making process or outcome.

The amount or type of support required by people with disability to make decisions will depend on the specific decision or the situation. Workers should seek advice from their manager and the person’s family or carers when supported decision making may be required. If further clarification is required, DCIRS may determine the need to contact the Office of the Public Advocate or the NDIS Quality and Safeguards Commission.

Where decision making relates to restrictive practices, workers should refer to the Eliminating Restrictive Practices Policy.

Consent in decision making

Consent is required for every decision. Consent on one occasion or about one event does not imply or assure consent for future decisions, occasions, or events.

The person with disability, or a legally appointed guardian, must give formal informed consent for life decisions such as accommodation, medical and dental treatment, forensic procedures, and behaviour support. The person with disability, or a legally appointed Administrator, Trust Manager or person appointed under a Power of Attorney, must provide formal informed consent for financial matters.

A person with disability has the right to change their mind and should be informed of this, including the right to change or retract their consent. DCIRS will uphold and support a participant’s right to no longer receive its services.

Individual preferences will be included in care plans and client profiles, with changes to preferences noted for consistency across shifts and workers.

Responsibility

Workers will support people with disability to identify who they want involved in any consultation process, such as family members, friends and/or advocates.

Workers will support people with disability to make as many decisions and choices related to daily life as possible. This may include, but is not limited to, choices about what to eat, what to wear, what to do, where to go, and who they are supported by. It is not acceptable for a worker to make self-serving decisions when supporting a participant or client.

Managers will support their direct reports to have sufficient skills, knowledge, and ability to uphold and implement this Policy. This includes role-modelling best practice.

Reporting

Choice and control initiatives or case studies should be shared internally to support continual improvement. Issues and concerns relating to this Policy, and breaches of Policy, must be reported to management promptly.

Review and evaluation

DCIRS will communicate with its clients and participants about quality evaluations and encourage their participation in evaluating services.

At least twice a year, senior management will analyse complaints data to determine service gaps, issues or trends in practice, procedures or policies that need to be amended to better safeguard people accessing services and improve services.

Key contact

Questions about how to implement this Policy and its Procedure should be directed to Emily Mills, Managing Director, by emailing emily.mills@dcirs.com.au

Breaches of Choice and Control policy

Workers must comply with the terms and conditions contained in this Policy. Any breach of DCIRS’s policy may result in disciplinary action.

In the case of employees of DCIRS who are found to have breached this Policy, they may be subjected to disciplinary action. The type and severity of the disciplinary action will depend upon the circumstances of the case and the seriousness of the breach. Disciplinary action may include termination of employment.

Contractors or agents of DCIRS who are found to have breached this Policy may have their contracts with DCIRS terminated or not renewed.

5. ASSOCIATED DOCUMENTS

• Incident and Risk Reporting Policy

• Incident Report Form • Feedback and Complaints Policy

• Feedback and Complaints Form

• Complaints Register

• Continuous Improvement Policy

• Code of Conduct Policy

• Eliminating Restrictive Practices Policy

• Safeguarding Policy

DCIRS upholds the laws of Australia and the states and territories in which it operates, including all laws relating to the protection and rights of the parties covered by this Policy.

6. VERSION AND REVIEW INFORMATION

DCIRS reserves the right to amend and vary this policy from time to time.

Version 1.0: 9 October 2024 Review Date: 9 October 2027

Version 1.5: 28 March 2025 Review Date: 9 October 2027