Servicing Job Seekers With Challenging Behaviours Guideline
Transcription
Servicing Job Seekers With Challenging Behaviours Guideline
Servicing Job Seekers With Challenging Behaviours Guideline Document change history Version Start date Effective date 1.0 01 07 2015 01 07 2015 End date Change and location Original version of document Explanatory Note All capitalised terms have the same meaning as in the jobactive Deed 2015–2020. In this document, ‘must’ means that compliance is mandatory and ‘should’ means that compliance represents best practice. Disclaimer This Guideline is not a stand-alone document and does not contain the entirety of providers’ obligations. It must be read in conjunction with the jobactive Deed 2015-2020 and the jobactive Deed 2015-2020 —Work for the Dole Coordinator and any relevant Guidelines or reference material issued by Department of Employment under or in connection with the jobactive Deed 2015-2020 and the jobactive Deed 2015-2020 —Work for the Dole Coordinator. Summary This Guideline provides information for Providers (Employment Provider, New Enterprise Incentive Scheme (NEIS) Provider and Harvest Labour Services (HLS) Provider), on the servicing of Participants (job seekers) with challenging behaviours. It also sets out requirements for lodging Job Seeker Incident Reports in the Employment Services System (ESS). This Guideline is not intended to be prescriptive in any way. Providers need to adapt the strategies that are outlined here to suit their particular circumstances. This Guideline should supplement, not replace, existing internal operational policies and procedures. Providers are responsible for informing themselves of their legal obligations and taking appropriate measures to comply with obligations. Policy Intent The aim of the policy is to provide Providers with guidance on how to continue to deliver services to job seekers with challenging behaviours without risking their staff or property, while ensuring that job seekers meet their Mutual Obligation Requirements. This Guideline also assists Providers to identify and report challenging behaviours that job seekers display. Relevant Deed clause/s The relevant clauses in the jobactive Deed 2015–2020 (the Deed) are: • Clause 69 — Compliance with laws and government policies • Clause 72 — Employment Provider Services • Part C — New Enterprise Incentive Scheme • Part D — Harvest Labour Services. Servicing Job Seekers with Challenging Behaviour TRIM ID: EM15/001033 Effective Date 1 July 2015 1 Relevant references Reference documents relevant to this Guideline include: • Documentary Evidence • NEIS – Assistance and Business Mentoring Guideline • Period of Service, Suspensions and Exits Guideline. What is challenging behaviour? Challenging behaviour is any behaviour that a reasonable person would consider unacceptable or hostile and that creates an intimidating, frightening, threatening, offensive or physically dangerous situation in the workplace or other location. Challenging behaviours may include but are not limited to: • • • • • • • • • physical violence against any person—for example, hitting, kicking, punching, spitting on or throwing objects at a person acting in a way that would cause a person to have a reasonable belief that assault was intended adopting a physical position or state and/or producing an object that a reasonable person would consider constitutes a serious and imminent threat of physical violence oral or written (including email or communication through social media) threats, abuse or harassment, inappropriate touching and stalking of staff members damaging, defacing or destroying property intentionally or through inappropriate and aggressive behaviour such as throwing objects or punching and kicking property theft of property, illicit drug taking on Provider’s premises, use of Provider’s equipment and/or property for illegal purposes swearing, making offensive noises or gestures, inappropriate or suggestive comments, vilification threatening suicide; causing injury to oneself—for example, cutting any other behaviour that is deemed inappropriate and warrants an incident being recorded. Incident management Process Details General considerations The Department of Employment acknowledges that Providers have a wide variety of expertise and arrangements to address challenging behaviours. Strategies will differ between Providers or their Sites. The circumstances that result in incidences of challenging behaviour may be unique and there may be a number and range of contributory factors. For example, HLS Providers will only have contact with a job seeker during the time they register for Harvest Work. After this time, the Harvest Worker has no requirement to interact with the HLS Provider. As both NEIS and HLS Providers are unable to record incident reports in the Departments IT system, they will be required to create and retain file notes when recording incidents of challenging behaviour. Incident management plan Employment Providers must have an incident management plan in place that outlines the organisation’s approach to managing situations where job seekers display challenging behaviours, or where staff identify that a situation has the potential to result in this behaviour. Reporting of incidents Employment Providers should use the incident report screen in ESS to record all instances where a job seeker exhibits challenging behaviours. By recording incidents, staff are informed about the potential for further incidents. The record also assists with future servicing arrangements. Incidents should be recorded appropriately so that, if the job seeker is transferred to another Site or Provider, the receiving Site or Provider is Servicing Job Seekers with Challenging Behaviour TRIM ID: EM15/001033 Effective Date 1 July 2015 2 Process Details aware of the challenging behaviours and can arrange to service the job seeker accordingly. NEIS Providers and HLS Providers do not have access to the incident report screen and should keep file notes of incidents of challenging behaviour. Note: Under the Freedom of Information Act 1982, a person has the right (with limited exceptions) to access information or documents held by the Department or the Departments’ contracted service providers. Immediate notification requirement Where an incident has occurred and the Provider has reason to believe that the job seeker who is displaying threatening, aggressive or violent behaviour poses an imminent threat to another organisation, they should immediately telephone that office to advise them of this. Incident reports Incident reports are intended to record incidents, inform Employment Providers of the potential for further incidents and support compliance measures where relevant. There are three levels of incident reports for Employment Providers when recording an incident in ESS: • ES Level 1—No police involvement but incident was recorded to ascertain a pattern of behaviour • ES Level 2—Police were contacted and/or attended, but job seeker was not threatening, aggressive or violent (could include theft, inappropriate behaviour) • ES Level 3—Police attended and job seeker has shown threatening, aggressive or violent behaviour or has threatened to harm themselves or others. NEIS Providers and HLS Providers should also use these three levels of incident reporting when writing their file notes where relevant. If there is an ES Level 3 incident report on a job seeker’s ESS record, the job seeker cannot be transferred to another Provider without the involvement of the Department’s National Customer Service Line (Help Desk) or their Department of Employment contract manager, who can authorise the request. Note: Employment Providers can also use ESS to view incident reports lodged by the Department of Human Services. Those incident reports are recorded at the following four levels: • • • • Level 1—Incidents where the Department of Human Services Customer Service Officer believes they have been abused but no warning letter will be issued to the Customer—for example, verbal abuse Level 2—A warning letter will be issued indicating that further inappropriate behaviour may result in alternative servicing arrangements Level 3—Repeated inappropriate/aggressive behaviour where alternative servicing arrangements may be required Level 4—Serious incidents where restricted servicing arrangements may be required. NEIS Providers and HLS Providers do not have functionality in the Department’s IT System. When a job seeker is referred by an Employment Servicing Job Seekers with Challenging Behaviour TRIM ID: EM15/001033 Effective Date 1 July 2015 3 Process Details Provider to NEIS or HLS the Employment Provider should disclose current, relevant incident reports recorded against the job seeker. Case management for job seekers with challenging behaviours Process Details Warnings Warnings should be given to job seekers who show tendencies toward or display challenging behaviours so that they are aware of the consequences of this behaviour. Warnings may be verbal or in writing. Any warnings given to a job seeker should be recorded on the comments screen on the job seeker’s record in ESS or in the case of NEIS Prospective Participants and NEIS Participants in file notes. Temporary service restrictions If warnings do not have the effect of improving behaviour then the job seeker’s access to an Employment Providers site can be restricted for up to six months or, in the case of NEIS Participants, they can be suspended from servicing (refer to the NEIS – Assistance and Business Mentoring Guideline). Before implementing a service restriction, the Provider must discuss the case with their relevant Account Manager and/or contract manager. Where an Employment Provider applies a temporary service restriction the job seeker is not permitted to attend an Employment Provider’s premises, alternative arrangements must be arranged. For example, alternative arrangements may include providing access to the Employment Provider premises between certain times only; or servicing the job seeker by telephone, email or post. In the case of a Volunteer, an Employment Provider Exit can be performed if the Employment Provider determines it appropriate that the Volunteer should be Exited (refer to the Period of Service, Suspensions and Exits Guideline.). However, if the Volunteer does not want to be Exited and chooses to continue to receive Services, the provider must continue to service and assist the Volunteer. In this circumstance, a case management plan should be created. Where the option of restricting access to a site is to be applied, Employment Providers must: • • • • record on the Restricted Service Arrangement screen on the job seeker’s record in ESS all restrictions that are issued, including the type of restriction, the primary contact and the start and end date of the service restriction write or email the job seeker to inform them of the service restrictions that have been applied, the duration of the restrictions, the way in which they will receive assistance during the period of restriction and their continuing obligations to fully satisfy their Mutual Obligation Requirements regularly review restricted service arrangements and invite the job seeker to contribute to the review keep Documentary Evidence of warnings and service restrictions, as these may be needed to support the transfer of the job seeker from the Employment Provider’s case load, as appropriate. If a job seeker who has had a restricted service arrangement is transferred to another Employment Provider, the receiving Employment Provider will be able to view incident reports and restricted service arrangements information Servicing Job Seekers with Challenging Behaviour TRIM ID: EM15/001033 Effective Date 1 July 2015 4 Process Details created by the transferring Employment Provider. This information can be viewed by the new Employment Provider for 12 months from the date of the restricted service arrangement. Note: A restricted service arrangement is not transferred with the job seeker (it will end before the transfer takes place). Case management plan If a serious incident has occurred, the Employment Provider should assess how it will continue to service and assist the job seeker. A case management plan should be created for any job seeker that exhibits challenging behaviours. Case management plans need not apply only to job seekers who have had a service restriction applied. However, if a service restriction is applied, a case management plan must be created. A case management plan should include a summary of the incident/challenging behaviours; a strategy to manage challenging behaviours; and the servicing arrangement for post temporary service restriction. Contact with the job seeker as per Employment Provider’s service plan needs to be maintained, Mutual Obligation Requirements must be met and the terms of the job seeker’s Job Plan need to be adhered to. Any Non-vocational Barriers that are identified as a result of the incident should be addressed. The Job Plan should be adjusted to include new activities, and the job seeker will need to sign the Job Plan as per standard requirement. If the Employment Provider takes these steps and the job seeker does not return the signed Job Plan by the notified date then a Participation Report should be submitted for refusing to enter into a Job Plan. The Employment Provider should document due diligence exercised (particularly the additional notification and reasonable timeframe given) when submitting a Participation Report to the Department of Human Services. Employment Providers should speak to their relevant Account Manager and/or contract manager when creating and maintaining a case management plan. Servicing Job Seekers with Challenging Behaviour TRIM ID: EM15/001033 Effective Date 1 July 2015 5 Process Details Post temporary service restriction For Employment Providers, it is important to consider and record in the job seeker’s case management plan how the job seeker will be serviced after a temporary service restriction has been lifted. Consideration should be given to what ongoing measures will be implemented to ensure job seeker compliance and improved behaviour. Incident report screen in ESS Where a request for transfer is made for a job seeker with an ES Level 3 incident report, Employment Providers should contact the Department’s National Customer Service Line (Help Desk) on 1800 805 260 or their Department of Employment contract manager, who can authorise the request. The Job Seeker Incident Alert in ESS displays the number of active incident reports that have been recorded against a job seeker in the previous 12 months, providing a visual indicator of potential risk. The incident alert is activated at the time the user selects the job seeker’s record, and will also display (if in place) the existence of a restricted service arrangement. The number of active incident reports includes both those created by Employment Providers and those created by the Department of Human Services. Servicing Job Seekers with Challenging Behaviour TRIM ID: EM15/001033 Effective Date 1 July 2015 6