The purpose of this Schedule is to prescribe service requirements for the Social Services Standards.
2 Interpretation
In this Schedule—
authorised representative, in relation to a service user, means a person who is—
(a) a guardian of the service user; or
(b) an attorney for the service user under an enduring power of attorney; or
(c) a medical treatment decision maker for the service user within the meaning of the Medical Treatment Planning and Decisions Act 2016; or
(d) an administrator within the meaning of the Guardianship and Administration Act 2019 for the service user; or
(e) subject to paragraph (f), a parent of a service user, if the service user is a child; or
(f) the Secretary, if the Secretary has parental responsibility for the child under the Children, Youth and Families Act 2005;
service worker means an individual employed or engaged by a registered social service provider to deliver a social service, including as a volunteer;
trauma‑informed practice, in relation to the delivery of a social service, means a practice that recognises and is informed by how trauma may affect people accessing the social service and the persons who deliver the social service.
3 Meaning of *informed consent*
In this Schedule, a person gives informed consent if the person—
(a) has decision‑making capacity in relation to a matter; and
(b) has been given adequate information to enable the person to make an informed decision; and
(c) has been given a reasonable opportunity to make the decision; and
(d) has given consent freely without undue pressure or coercion by any other person; and
(e) has not withdrawn consent or indicated any intention to withdraw consent.
4 Decision‑making capacity
(1) For the purposes of clause 3, a person has decision‑making capacity to make a decision in relation to a matter if the person is able to do the following—
(a) understand the information relevant to the decision and the effect of the decision;
(b) retain that information to the extent necessary to make the decision;
(c) use or weigh that information as part of the process of making the decision;
(d) communicate the decision and the person's views and needs as to the decision in some way, including by speech, gestures or other means.
(2) For the purposes of subclause (1), a person is presumed to have decision‑making capacity unless there is evidence to the contrary.
5 Outcomes of service requirements
An outcome of a service requirement set out in Part 2 does not form part of the service requirement but sets out the purpose intended to be achieved by the service requirement.
Part 2—Prescribed service requirements
Division 1—Safe service delivery standard
6 Service requirements
This Division sets out the service requirements for the safe service delivery standard in section 39 of the Act.
7 Service user safety
(1) A registered social service provider must implement and maintain practices that identify and reduce the risk of harm to service users in the delivery of social services, including the delivery of online services.
(2) The outcome intended to be achieved by the requirement in subclause (1) is to protect service users from avoidable harm in the course of the delivery of social services.
(3) In this clause—
harm includes any harm that is caused by abuse, neglect, exploitation or improper treatment of service users, or by discrimination against service users.
8 Needs assessments and service planning
(1) A registered social service provider must assess and review each service user's needs, taking into account the service user's individual circumstances and the goals of the service user.
(2) If a service user is provided with social services and other services delivered by other providers, the registered social service provider must plan and coordinate the provision of the social services having regard to the other services and providers and the service user's preferences.
(3) The outcome intended to be achieved by the service requirements in subclauses (1) and (2) is for registered social service providers to take into account the needs, circumstances and goals of service users in providing a social service.
(4) The intended purpose of the service requirement in subclause (1) is for registered social service providers to assess their ability to support service users.
9 Health and wellbeing
(1) A registered social service provider must implement and maintain practices to ensure that—
(a) social services provided to a service user support the health and wellbeing of the service user; and
(b) the delivery of the social services is consistent with current evidence‑informed practice, including trauma‑informed practice.
(2) The outcome intended to be achieved by the service requirements in subclause (1) is that service users receive services that support their health and wellbeing.
(3) In subclause (1)—
evidence‑informed practice means best practice informed by current research, the skills, knowledge and experience expected of registered social service providers and the experience of service users.
10 Cultural safety and inclusion
(1) A registered social service provider must ensure that social services delivered to a service user respect the service user's cultural identity and lived experience.
(2) A registered social service provider must ensure service workers access training and are supported to deliver culturally safe services that respect each service user's cultural identity and experience.
(3) The outcome intended to be achieved by the service requirements in subclauses (1) and (2) is that service users receive social services that are culturally safe.
(4) A registered social service provider must ensure that, with respect to all service users, measures are adopted by the registered social service provider to ensure racism within the organisation of the registered social service provider is identified and confronted, is not tolerated and is addressed with appropriate consequences.
11 Aboriginal cultural safety and inclusion
(1) A registered social service provider must ensure that, with respect to Aboriginal service users—
(a) a service user's ability to express the service user's culture and enjoy the service user's cultural rights is encouraged and actively supported; and
(b) strategies are embedded within the organisation of the registered social service provider that equip all members and service workers of the organisation to acknowledge and appreciate the strengths of Aboriginal culture and understand its importance to the wellbeing and safety of Aboriginal persons; and
(c) measures are adopted by the registered social service provider to ensure racism within the organisation of the registered social service provider is identified and confronted, is not tolerated and is addressed with appropriate consequences; and
(d) the registered social service provider actively supports and facilitates participation and inclusion within its organisation by Aboriginal persons and the families of Aboriginal persons; and
(e) all of the registered social service provider's policies, procedures, systems and processes together create a culturally safe and inclusive environment and meet the needs of Aboriginal persons and the families of Aboriginal persons.
(2) The outcome intended to be achieved by the service requirements in subclause (1) is that Aboriginal service users receive social services that are culturally safe.
Division 2—Service user agency and dignity standard
12 Service requirements
This Division sets out the service requirements for the service user agency and dignity standard in section 40 of the Act.