Case Study1: Project Plan
The Salvation Army has developed and adopted a comprehensive Project Plan to assess its obligations under the Charter, recommend policy changes and take measures to ensure that programs are in line with its obligations.
The Plan described the project, set out objectives and provided a detailed table of the project plan process including objectives, tasks, key performance indicators, start and finish dates and resources required.
Objectives include determining the legal impact on programs; developing appropriate responses (including training and information provision); and considering the Charter in relation to community sector accreditation reforms. The changes also encompass staff training, further presentations to management and developing an information/training package.
Click here to see a copy of the Project Plan: Word, PDF
Case Study : Human Rights Committee 1
On occasions, the work of Melba Support Services - like many disability service providers – raises human rights issues, such as the use of restrictive interventions. To ensure that the rights of the people they support are being upheld and protected, Melba has instituted a Human Rights Committee with the functions of:
monitoring and reviewing all individual rights restrictions of people whom Melba supports;
reviewing policies and procedures;
reviewing all incident reports; and
having a role in the existing grievance procedure.
The Committee is made up of independent community members, medical practitioners and other relevant persons. When a client commences at the service a rights checklist is filled out to identify any restriction on rights that may be required to work with the client, this may include control of financial affairs, provision of sedative medication or physical restraint. Any rights restraint is reviewed by the Committee for any excessive incursions on rights and recommendations made to care workers to change the practice. A limitation period must be placed on any rights restriction and review occurs on a regular cycle.
Click here to see a copy of the Committee Policy, rights checklist and review documentation: Word, PDF
Case Study : Human Rights Committee 2
Peter Harcourt Disability Services has also established a Human Rights Committee responsible for reviewing cases where there is a potential restriction of rights.
A checklist is used for each client using the service, and any issues are referred to the Committee. The Committee reviews the case and makes recommendations to the case manager.
Case Study : Human Rights Committee 3
Wallara Australia has established a Human Rights Committee to ensure the rights of all people supported by the organisation. The Human Rights Committee has the responsibility to “review and advise on the use of any agency practices and procedures that could possibly infringe on the rights of any person as well as concern itself with Behaviour Support planning, rights protection issues, advocacy, investigation of incidents and injury reports.”
Click here to see a copy of the Wallara Human Rights Committee Policy (PDF) and Terms of Reference (PDF)
The Committee has been active in developing or reviewing a range of policies consistent with human rights. The Human Rights policy outlines Wallara’s philosophy on human rights, and also states the organisation’s position on rights education for people receiving support, for Wallara staff, and for parents, family members and advocates. It also covers guardianship issues, informed consent, and Enduring Powers of Attorney.
Click here to see a copy of the Wallara Human Rights policy (PDF)
The Human Rights Committee has also developed or reviewed policies on ‘Mistreatment, Abuse, Neglect and Exploitation’, ‘Making a Complaint’, ‘Complaints and Grievance Procedure for People’, ‘Families, Friends and Advocates’, and ‘Due Process’.
Click here to see a copy of Wallara’s reviewed polices:
Case Study 5: Working Group
The City of Kingston council set up a working group comprising representatives from each divisional area to look at recommending policy changes and further training. The mandate of the working group goes beyond the Charter to establish “a positive and holistic approach designed to support proactive support and ensure only absolutely necessary restrictive intervention”
The working group consists of a Chair and one or two representatives from each of the 4 divisions in the organisation who have a direct interest in the issue of the Charter of Human Rights and can represent each Division’s business on appointment from their General Manager. The group began meeting in January 2008 subsequent to management discussions about the need to embed the Charter into their culture.
The Terms of Reference are:
The working group will also be providing a contact or assistance point for any Charter-related complaints which come to the organisation.
The working group is intended to project-manage the preparation and implementation of a plan for incorporation of Charter culture and compliance into Council’s day-to-day business activities. It is not a long term working group but is aimed at “kick starting” the Charter culture in the organisation.
Case Study: Quality/Standards Program
One organisation framed consideration of human rights in policy, procedure and practice as part of the implementation of a Quality / Standards program. The benefit of this approach is that human rights do not become an additional stand-alone consideration that places an extra burden on staff, but rather comes to be seen as part of an overall standard of quality.
The program was complemented by staff training and induction on human rights obligations. The respondent acknowledged that the effectiveness of the standards program would be directly related by the level of knowledge of staff. Without the day-to-day understanding created across the organisation any standards program could not be enforced. This approach provides a systematic framework to create the ‘cultural change’ required to fully incorporate obligations of the Charter.
Case Study: Watching brief
Women’s Health West has prepared a human rights and citizenship watching brief for one existing staff member to ‘identify, initiate and respond to opportunities to promote human rights and citizenship’. The brief gives direction on what information the organisation needs to make further changes and run further staff development and training.
The outcome does not need to be set, but there is a clear plan to what will be required and staff resources allocated to ensure this occurs.
Click here to see a copy of the Watching Brief: Word, PDF
One organisation has expanded their complaints procedure to include the acceptance of complaints through non-verbal and non-written communication. Clients with disabilities limiting communication will now have greater ability to deal with grievances without creating undue burden on the organisation.
Another draft Client Complaint policy was framed around natural justice principles and individuals’ rights with the overarching aim of the policy to ensure complaints are processed in a way that reconciles the interests of clients and the organization whilst ensuring expectations of fairness are met.’ While not specifically mentioning the Charter, it includes principles of natural justice, flexibility, and consideration of clients from culturally diverse backgrounds or clients with a disability.
Other initiatives:
Is your organisation a human rights leader? Email us at stephanie.cauchi@vcoss.org.au to share your experiences.
Read the full report here: Using the Charter in Policy and Practice