Purpose of Policy
K and K Quality Care understand every participant’s right to experience and learn from life, to take advantage of opportunities, develop skills and independence even if it poses a risk to their wellbeing. K and K Quality Care ensures staff understand and implement the principles of duty of care and dignity of risk, recognising the rights of the people we support to make informed choices, and exercise choice and control over their lives, including taking calculated risks.
K and K Quality Care recognises and promotes human rights by supporting decision making by participants, their family members, persons responsible, guardians and advocates. This ensures participants work with K and K Quality Care to make decisions as fully as possible as an expression of their autonomy and right of self- determination in a way that suits the individual’s personal, gender, sexual, cultural, religious and spiritual identity.
K and K Quality Care recognises our duty of care to prevent or minimise harm to the participant and their staff. The safety and age of the participant are considered in conjunction with risk taking, and if required takes priority over risk taking, privacy and confidentiality.
Definitions
Dignity of Risk: Is the belief that each person that is aged, or with a disability is entitled to experience and learn from life situations even if these, on occasion, may be a threat to their well-being. Each person experiencing a risk, of which they have been informed, is to receive support in the situation.
Duty of Care: Is the obligation to take reasonable care to avoid injury to a person whom it can be reasonably foreseen might be injured by an act, or omission.
Informed Decisions
1. K and K Quality Care participants will feel well supported when choosing to take risks or not to take risks.
2. Participants who are under 18 years of age, or unable to make informed decisions about risk will be supported by an appropriate parent or carer to discuss risks.
3. The safety of K and K Quality Care team members will be maintained through the process of respecting the participant’s choice.
4. Participants will always be supported to make informed choices and decisions about the supports they receive and activities they may wish to undertake. K and K Quality Care staff will involve family, carers or other advocates nominated by the participant to discuss risk and consequences of the decision in accordance with K and K Quality Care Rights and Responsibility and Advocacy Policy.
5. K and K Quality Care Staff will support the participant to develop a general awareness of the consequences of the decision which needs to be made voluntarily and without coercion.
6. When K and K Quality Care staff hold serious concerns about a participant’s ability to make an informed decision, they will notify K and K Quality Care Supervisor to discuss an assessment by a qualified health professional / jurisdictional Guardianship Board with permission from the participant or the participant’s representative.
7. When K and K Quality Care staff assess risks and their potential consequences and will balance their duty of care with dignity of risk. Where a dignity of risk issue conflicts with a Work Health and Safety (WHS) issue, the WHS legislation overrides dignity of risk.
8. When a privacy issue is in conflict with K and K Quality Care’s duty of care, the duty of care responsibility will take priority e.g. mandatory reporting.
9. In situations where duty of care obligations outweighs dignity of risk, K and K Quality Care will inform the participant of the decision and why the decision was made.
10. When balancing duty of care with dignity of risk K and K Quality Care team will work respectfully with the participant to:
Explain the issues of duty of care and dignity of risk which impact on a particular situation
Identify the consequences of a particular action including the risk/s and likelihood of harm to the participant or others
Assess the type and seriousness of the possible harm
Identify what precautions could be taken to minimise the risk/s or harm or the seriousness of the risk/s or harm
Assess the participant’s ability to make informed decisions
Weigh up the benefits and importance of the activity to the participant against the possible negative consequences
Generate solutions to achieve the benefits to the participant whilst minimising the potential harm.
11. K and K Quality Care will inform staff about dignity of risk and this policy at time of induction with additional training provided if identified through staff supervision. K and K Quality Care understand every participant’s right to experience and learn from life, to take advantage of opportunities, develop skills and independence even if it poses a risk to their wellbeing.
12. K and K Quality Care will publish Dignity of Risk and Duty of Care Policy on their website for participants, families, advocates and guardians to access.
Relevant Documents
K and K Quality Care Rights and Responsibility and Advocacy Policy
NDIS Practice Standards and Quality Indicators
K and K Quality Care Code of Conduct
United Nations Convention on the Rights of Persons with Disabilities
Disability Discrimination Act 1992 (Cth)
Child Safe Standards