Chapter 4 reviews the role of the Secretary as a regulator of standards of service delivery and in registering disability service providers. When the NDIS has been fully rolled out, the Secretary will no longer hold responsibility for these functions. One of the key functions of the Department in its performance monitoring of services is in the context of critical incident management. Critical incidents relate to serious outcomes (severe trauma or death), or threats to health, safety or wellbeing of people who access disability services. All disability service providers are required to comply with the Department’s instructions in regard to responding to critical incidents. Critical incident reporting is discussed in further detail in Chapter 5. Disability Services Commissioner The Victorian Disability Services Commissioner has responsibility for responding to complaints about issues raised about disability services. Most other states and territories have a Commissioner with only Queensland and Tasmania not having appointed such a body. They have differing powers. The Victorian Commissioner’s role is essentially focused on complaints resolution. As emphasised in Chapter 5, complaints are different from reportable incidents. Division 6 of the Disability Act outlines the process for dealing with complaints and the Commissioner’s related powers. The complaints process involves the following components: assessment—undertake a preliminary assessment to determine whether to consider the complaint. conciliation—consider if the complaint is suitable for conciliation and if it is, make all reasonable endeavours to conciliate it. investigation—must investigate a complaint which the Commissioner considers is not suitable for conciliation with minimal formality. The Commissioner’s related powers include powers to compel attendance and call for evidence and documents. The Commissioner can also to a magistrate for a warrant to enter premises. The Commissioner general powers are stipulated in Section 17 of the Disability Act and are intended to assist in the resolution of complaints. They are based on consultation, suggestion, the provision of advice, encouragement, and seeking information. Box 1.1 outlines these powers. BOX 1.1: Powers of the Victorian Disability Services Commissioner consult with any person or body as the Commissioner considers appropriate develop and suggest ways of implementing procedures for: dealing with complaints relating to disability services making existing procedures more effective provide advice to complainants of alternative means for dealing with complaints
Chapter 4 reviews the role of the Secretary as a regulator of standards of service delivery and in registering disability service providers. When the NDIS has been fully rolled out, the Secretary will no longer hold responsibility for these functions. One of the key functions of the Department in its performance monitoring of services is in the context of critical incident management. Critical incidents relate to serious outcomes (severe trauma or death), or threats to health, safety or wellbeing of people who access disability services. All disability service providers are required to comply with the Department’s instructions in regard to responding to critical incidents. Critical incident reporting is discussed in further detail in Chapter 5. Disability Services Commissioner The Victorian Disability Services Commissioner has responsibility for responding to complaints about issues raised about disability services. Most other states and territories have a Commissioner with only Queensland and Tasmania not having appointed such a body. They have differing powers. The Victorian Commissioner’s role is essentially focused on complaints resolution. As emphasised in Chapter 5, complaints are different from reportable incidents. Division 6 of the Disability Act outlines the process for dealing with complaints and the Commissioner’s related powers. The complaints process involves the following components: assessment—undertake a preliminary assessment to determine whether to consider the complaint. conciliation—consider if the complaint is suitable for conciliation and if it is, make all reasonable endeavours to conciliate it. investigation—must investigate a complaint which the Commissioner considers is not suitable for conciliation with minimal formality. The Commissioner’s related powers include powers to compel attendance and call for evidence and documents. The Commissioner can also to a magistrate for a warrant to enter premises. The Commissioner general powers are stipulated in Section 17 of the Disability Act and are intended to assist in the resolution of complaints. They are based on consultation, suggestion, the provision of advice, encouragement, and seeking information. Box 1.1 outlines these powers. BOX 1.1: Powers of the Victorian Disability Services Commissioner consult with any person or body as the Commissioner considers appropriate develop and suggest ways of implementing procedures for: dealing with complaints relating to disability services making existing procedures more effective provide advice to complainants of alternative means for dealing with complaints