A registered social service provider must implement and maintain practices which ensure that—
(a) each service user is treated with dignity and respect, acknowledging the service user's individual diversity; and
(b) social services are delivered free from discrimination.
14 Service user rights and responsibilities
A registered social service provider must implement and maintain practices that—
(a) support each service user to freely exercise the service user's rights and responsibilities; and
(b) are compatible with a service user's right to personal privacy.
15 Advocacy and support
A registered social service provider must implement and maintain practices that support service users to freely access any relevant independent or State‑funded advocacy services or other relevant support services.
16 Outcomes for service requirements in clauses 13, 14 and 15
The outcome intended to be achieved by the service requirements in clauses 13, 14 and 15 is that the rights of service users are promoted and upheld.
17 Clear and accessible information
A registered social service provider must provide clear, comprehensive and accurate information about the following matters in a way that is accessible to and understandable by service users—
(a) the social services that are provided and, if applicable, any relevant service or activity that is not provided by the registered social service provider;
(b) the fees and costs for the social services provided;
(c) the rights and responsibilities of service users in relation to the provision of social services;
(d) the processes for lodging feedback, complaints or concerns in relation to social service delivery or safety;
(e) the processes for dispute management in relation to social service delivery or safety.
18 Service user inclusion and participation
A registered social service provider must implement and maintain practices that support each service user and the service user's support persons to actively participate in decisions about the social services provided to the service user.
19 Informed consent
(1) A registered social service provider must, before providing any social service to a service user, obtain and document the informed consent of—
(a) the service user; or
(b) the service user's authorised representative; or
(c) if the service user does not have decision‑making capacity, a person authorised by law to make decisions for the service user in relation to the provision of the social service.
(2) A registered social service provider is not required to obtain informed consent to the provision of a social service if the registered social service provider is authorised or required under another Act or law to provide the social service without the consent of the service user and the registered social service provider—
(a) complies with the requirements of that Act or law, including any notification requirements; and
(b) unless notification is required under that Act or law, notifies the following persons as soon as practicable of the provision of the social service without informed consent and of the legal authority or requirement to do so—
(i) the service user;
(ii) the service user's authorised representative;
(iii) if the service user does not have decision‑making capacity, a person authorised by law to make decisions for the service user in relation to the provision of the social service.
Example
The informed consent of a service user may not be required if a child is placed at a secure welfare service under section 242(5) or 247A(4) of the Children, Youth and Families Act 2005 because there is a substantial and immediate risk of harm to the child.
20 Outcomes for service requirements in clauses 17, 18 and 19
The outcome intended to be achieved by the service requirements in clauses 17, 18 and 19 is that service users can exercise their agency and participate in decisions about the social services they receive.
21 Connections to culture, family, friends and community
(1) A registered social service provider must implement and maintain practices that support service users to maintain connections to service users' culture, family, friends and community.
(2) The outcome intended to be achieved by the service requirement in subclause (1) is that service users' connections to culture, family, friends and community are supported and respected.
Division 3—Safe service environment standard
22 Service requirements
This Division sets out the service requirements for the safe service environment standard in section 41 of the Act.
23 Safe, secure and fit‑for‑purpose premises, facilities and equipment
(1) A registered social service provider who delivers social services at premises that the registered social service provider owns or occupies must—
(a) identify and reduce hazards and risks of harm to service users relating to the premises, facilities, equipment, furniture and fittings used to deliver social services; and
(b) ensure that the premises, facilities, equipment, furniture and fittings used to deliver social services are suitable for the provision of the service, including having regard to the accessibility needs of service users; and
(c) ensure that the premises, facilities, equipment, furniture and fittings used to deliver social services are maintained in a safe and serviceable condition; and
(d) in the case of a registered social service provider who occupies but does not own the premises, enter into any arrangements or agreements necessary to comply with the requirements of paragraphs (a), (b) and (c).
(2) A registered social service provider who delivers social services at a place other than premises owned or occupied by the service provider must implement and maintain practices to manage risks to ensure the safe delivery of social services at that place.
24 Personal and private property
A registered social service provider must implement and maintain practices to secure service users' personal and private property—
(a) at the registered social service provider's premises, if the social services are delivered at premises owned or occupied by the registered social service provider; and
(b) if the social services are delivered at a place other than premises owned or occupied by the registered social service provider, while the social services are delivered at that place.
25 Outcomes for service requirements in clauses 23 and 24
The outcome intended to be achieved by the service requirements in clauses 23 and 24 is that social services are provided in an environment that supports service user safety, health and wellbeing.
26 Emergency management planning
(1) A registered social service provider must implement and maintain practices—
(a) to manage the risk of harm in an emergency; and
(b) to provide clear directions to service workers and service users on what to do in an emergency.
(2) The outcome intended to be achieved by the service requirements in subclause (1) is that emergency planning and management protects service users from risks of harm.
Division 4—Feedback and complaints standard
27 Service requirements
This Division sets out the service requirements for the feedback and complaints standard in section 42 of the Act.
28 Feedback
A registered social service provider must seek feedback, in accordance with any guidelines issued under section 18 of the Act, from service users or the service users' support persons about the safety of a social service.
29 Systems and processes
(1) A registered social service provider must implement and maintain systems and processes—
(a) to support service users and their support persons to give feedback, make a complaint or raise a concern about the safety of a social service; and
(b) to investigate, respond to and resolve any feedback given, complaint made or concern raised by service users and their support persons about the safety of a social service; and
(c) to report on—
(i) any feedback given, complaint made or concern raised by service users and their support persons about the safety of a social service; and
(ii) the registered social service provider's response to, or resolution of, the feedback, complaint or concern.
(2) A registered social service provider must inform service users about their right—
(a) to raise matters of social service safety with the Regulator for the purpose of monitoring and enforcing compliance with the Social Services Standards; and
(b) to make a complaint about the safety of a social service to any other entity.
Examples
The entities referred to in subclause (2)(b) may include, but are not limited to, the following—
• the Ombudsman;
the Disability Services Commissioner;
the Health Complaints Commissioner;
the Department of Families, Fairness and Housing;
the Mental Health and Wellbeing Commission.
30 Response to feedback, complaints and concerns
(1) A registered social service provider must acknowledge and respond to feedback, complaints or concerns of service users and the service users' support persons in a way that—
(a) is confidential; and
(b) is appropriate and accessible to service users; and
(c) is without reprisal to the service user or support person; and
(d) meets timeframes agreed with the service user or support person.
(2) A registered social service provider must use the feedback, complaints and concerns of service users and support persons to inform continuous improvements to safe social service design and delivery.
31 Dispute management
If requested, a registered social service provider must assist service users and the service users' support persons to access services to manage and resolve disputes between the service users and the registered social service provider about the delivery of social services, whether or not the dispute management services are delivered by the registered social service provider or another provider.
32 Outcomes for service requirements in this Division
The outcomes intended to be achieved by the service requirements in this Division are the following—
(a) service users understand complaint handling processes and are supported to provide feedback, complaints or concerns relating to service safety and quality;
(b) service users are protected from reprisal when providing feedback, complaints or concerns about service safety and quality;
(c) service user feedback, complaints or concerns are promptly acknowledged and dealt with.