IRQS Registration terms and conditions

  1. OBJECTIVE

    It is a requirement of registration with the TAC and WorkSafe that Providers of Disability Services comply with the requirements outlined in this document and on TAC and WorkSafe websites. The provision of all Disability Services for TAC and WorkSafe are to be aligned to the National Standards for Disability Services. (National Standards).

  2. GENERAL PRINCIPLES

    The TAC, WorkSafe and Provider agree to work professionally and cooperate to ensure positive outcomes for Clients/Workers. To do so we agree to adhere to the following principles:

  1. Collaboration – we will communicate openly and demonstrate mutual trust and good will to each other
  2. Support Continuous Improvement – we will undertake ongoing refinement of services in response to feedback from all stakeholders
  3. Improved Client/Worker Outcomes – our Clients/Workers will experience improved quality of life as we focus on enhanced independence and community and social participation
  4. Evaluation- we will participate in formal processes to evaluate our services to identify and influence future service and system improvements
  1. SERVICE FRAMEWORK

    There are six National Standards that apply to all Disability Service Providers.

  1. Rights: The service promotes individual rights to freedom of expression, self-determination and decision-making and actively prevents abuse, harm, neglect and violence.
  2. Participation and Inclusion: The service works with individuals and families, friends and carers to promote opportunities for meaningful participation and active inclusion in society.
  3. Individual Outcomes: Services and supports are assessed, planned, delivered and reviewed to build on individual strengths and enable individuals to reach their goals.
  4. Feedback and Complaints: Regular feedback is sought and used to inform individual and organisation-wide service reviews and improvement.
  5. Service Access: The service manages access, commencement and leaving a service in a transparent, fair, equal and responsive way.
  6. Service Management: The service has effective and accountable service management and leadership to maximise outcomes for individuals.
  1. DEFINITIONS
  1. Abuse means neglect, to cause injury and/or exploitation of any kind. Types of abuse include but are not limited to; financial, physical, psychological/ emotional, restraint, deprivation and sexual. Please refer to TAC website and NDS website for the full definitions.
  2. Authorised Service means a disability service authorised under section 23 of the Transport Accident Act 1986 and section 224 (1) (b) of the Workplace Injury and Compensation Act 2013 (the Legislation).
  3. Authority Committee means an Individual or a group, appointed by an agency or authority.
  4. Client means a TAC Client with an accepted claim.
  5. Complaint means notification by a Client/Worker or other party of dissatisfaction with the quality of the disability service provided or of the action or inaction of the Provider.
  6. Continuous Improvement means ongoing identification of opportunities to improve service delivery, to learn from issues as they arise and implement proactive and positive changes to processes as required. The aim is to provide the highest quality of supports to Clients/Workers.
  7. Cultural competency describes individuals and organisations with a set of behaviours, attitudes, knowledge, skills, practices and processes which enable effective work in cross-cultural settings, including with Aboriginal and Torres Strait Islander communities, individuals from Culturally and Linguistically Diverse communities and the Deaf community. It is more than cultural awareness. It means that individuals and organisations are proactive, rather than responsive, in regards to cultural diversity to ensure effective and relevant service delivery or supports.
  8. Dignity of risk recognises every individual’s right to autonomy and self-determination to make their own choices, including choices that may be perceived as not in an individual’s best interest. This is to be balanced with a person’s capacity to make informed decisions and appropriate risk mitigations.
  9. Disability Services means Attendant Care, Client Independence Skills Services (CISS), also known as Independent Living Skills programs, Shared Supported Accommodation, including post-acute support for Clients/Workers and Community Group Programs.
  10. Identification and Management of at Risk Clients means identifying Clients/Workers who may be vulnerable to exploitation and/or risk taking behaviour or have reduced capacity to make informed decisions. It is expected that Providers work with these Clients/Workers and their relevant others as appropriate to develop Risk Management and/or Support Plans (such as Positive Behaviour Support Plans, Complex Communication Support Plans, Welfare checks) to mitigate or reduce these risks.
  11. Least restrictive practice recognises any restrictions on choice and control should be minimal and evidence based. Clear information should be provided to people with disability, their families and staff so that restrictions are transparent and easily understood.
  12. Outcomes mean the impact or result of a service or support, such as an improvement in an individual’s wellbeing. ‘Outcomes’ can be distinguished from ‘outputs’. Outputs describe the delivery of services or supports, such as the provision of training. Outcomes can be short-term (such as an individual being involved in service planning) through to long-term (such as an individual finding employment after completing a course).
  13. Person-centred/directed approaches describe service and supports that are centred on an individual and their strengths, needs, interests and goals. Person-centred service delivery ensures that people with disability lead and direct the services and supports they use.
  14. Personnel mean an organisation’s employees, officers, contractors, agents or consultants who provide the services.
  15. Provider means an organisation providing services as registered with the TAC and/or WorkSafe in accordance with the Transport Accident Act 1985, the Accident Compensation Act 1985 and the Workplace Injury Rehabilitation and Compensation Act 2013 (the Legislation).
  16. Serious Incident means:
    • The death of or serious injury to a Client or Worker.
    • The death of a person other than the Client/Worker or staff member that involves or impacts upon the Client/Worker.
    • The death of a staff member that involves or impacts the Client/Worker.
    • An unforseen illness that is not described in the Client/Worker’s documented care plan.
    • A health, safety, abuse, risk to a client/worker or where there is a failure to meet basic Client/Worker needs.
    • Allegations of, or actual sexual, physical, verbal abuse or risk to a Client/Worker due to action or inaction of a Provider or other person.
    • Significant damage to property by the Client/Worker.
    • Serious injury to another person caused by the Client/Worker.
    • Actions that intentionally cause harm or injury to self.
    • Actions that intentionally cause harm with the intention to end one’s own life.
    • Actions or behaviours that unintentionally cause harm to the Client/Worker which requires medical attention.
    • Allegations or conduct which is, or is potentially fraudulent, illegal and/or criminal activity which directly impacts the Client/Worker.
    • Deterioration of a known medical condition that was unanticipated and/or disproportionate deterioration of a known medical condition.
    • The inappropriate disclosure of confidential Client/Worker information.
    • Absent/missing Client/Workers and there are concerns for their safety and welfare or that of others.
    • Medication errors: incorrect medication, missed administration or an error in dispensing of medication, for example an error in written instruction or incorrect medication provided by a pharmacist that resulted in the administration of an incorrect medication.
    • A Provider experiencing significant organisational disruption, executive mismanagement or concern regarding ongoing financial viability.
  17. Services are provided to a Client and/or Workerapproved by the TAC or WorkSafe and such services are payable by the TAC, WorkSafe or WorkSafe Agents as compensation to Clients and Workers with an accepted claim in accordance to the Legislation.
  18. Worker means a WorkSafe injured worker with an accepted claim.
  1. REGISTRATION REQUIREMENTS

    The Provider must at all times meet the Registration Requirements of the TAC and WorkSafe. Failure to comply with these requirements may result in this registration being refused or revoked. In order to maintain registration:

  1. The Provider must maintain documented evidence of proof of all Registration Requirements and make this available to TAC and/or WorkSafe when requested.
  2. The Provider must maintain Public Liability and Professional Indemnity Insurances at a minimum of $5 million each.
  3. The Provider must maintain accreditation against standards for disability services and advise TAC and/or WorkSafe if this accreditation is not continued.
  1. PROVIDER CONDUCT

    The Provider acknowledges that should:

  1. The Provider fail to comply with any of the Registration Requirements; or
  2. The TAC or WorkSafe reasonably allege a Provider has committed an offence against the Legislation, the Workers Compensation Act 1958 or the Crimes Act 1958 in connection with a Client/Worker’s claim for compensation or the Provider is convicted in Court of such an offence; or
  3. The TAC/WorkSafe is concerned about the adequacy, quality and/or frequency of disability services provided under the Legislation; or
  4. the Provider or any of its personnel commits an act or does anything that is contrary to prevailing community standards or is otherwise regarded by the public as unacceptable or which brings the reputation of the Provider into disrepute and as a consequence the TAC/WorkSafe believes its continued association with the Provider will be detrimental to the reputation of the TAC/WorkSafe;

The TAC and WorkSafe may, in accordance with the legislation and as per the Refusal/Revocation Provider Guideline:

  • Suspend payment for services delivered, or seek recovery of payments made
  • Notify relevant WorkSafe self-insurers, relevant bodies responsible for regulation of Disability Service Providers, Medicare Australia, the Authority Committee, Director or Panel under the Health Insurance Act 1973, a court and/or a tribunal
  • Suspend, refuse or revoke the Provider’s registration
  • Publish the outcome of any determination or court order with the name and address of the Provider to which the determination or order applies.
  1. SERVICE DELIVERY
  1. Disability Services are to be delivered in line with the legislation and all relevant TAC and WorkSafe polices, the Provider’s Code of Conduct/ Ethics and/or Service Charter and any other relevant State and Commonwealth authority such as the National Standards for Disability Services.
  2. Disability Services are to be provided according to the principles of person directed approaches and least restrictive practices as outlined in the Disability Act 2006 and the Health Services Act 1988 and are to be aligned with rights-based value of citizenship in the Charter of Human Rights and Responsibilities Act 2006 and the UN Convention on the Rights of Persons with Disabilities.
  3. Providers are accountable for the supports provided to a Client/Worker and are responsible for ensuring their safety, protection from abuse and access to medical and mental health care services.
  4. Despite any sub-contracting arrangements, the Provider is responsible to meet all obligations as outlined under the Registration Requirements, ensure services are delivered to the same high standards as the Provider would and for all costs associated with the sub-contracted arrangements.
  5. The Provider indemnifies TAC/WorkSafe against all expenses, damages and costs that are incurred or awarded as a result of any negligent, unlawful, wilful or fraudulent act or omission of any sub-contractor in connection with the Disability Services.
  6. Providers are to ensure that all personnel comply with the Occupational Health and Safety Act 2004 (Victoria) and relevant National and State OHS Acts and OHS Regulations 2017 as required for all Australian workplaces.
  7. Providers must ensure that pre-employment checks are completed including National Police Check and Disability Workers Exclusion Scheme for all personnel working with Clients/Workers and Working with Children Check (WWCC) for services provided to minors.
  8. Providers must maintain their Personnel’s probity and ensure that National Police Checks are conducted and WWCC occur before they expire.
  9. Providers must establish and implement a process to determine employment status when prospective or existing personnel receive an adverse finding through the probity process.
  10. In the event of an adverse finding on a National Police check or WWCC, and the Provider is satisfied that there is no longer any threat to the safety of Clients/Workers, the Provider is to notify TAC/WorkSafe of the finding and their reasons for wanting to proceed with employment.
  11. Providers must have a Recruitment and Retention Policy that outlines preferred qualifications (Certificate III in Disability or equivalent for Attendant Care and minimum Certificate IV for CISS) and training requirements, monitoring and evaluation for personnel. All personnel working with Clients/Workers must receive training and maintain competence in the following areas:CPR, First Aid, OHS responsibilities, Manual Handling, Fire Safety, Infection Control, Food Handling and Administration of Medication.
  12. To meet our requirements of Zero Tolerance to abuse, neglect or exploitation against people with a disability, personnel should also have training to understand Human Rights, Gender and Family Violence Awareness, general health awareness, choice and control and least restrictive practices. Training should also provide personnel with the knowledge of how to respond to and report any alleged or actual abuse, neglect or exploitation.
  1. SERVICE CAPACITY
  1. The Provider must only agree to provide disability services it can undertake, including consideration of the Client/Worker’s specific needs.
  2. Adequate notice must be given to TAC/WorkSafe to withdraw or terminate services provided to a Client/Worker. The timeframe will vary according to the situation but cannot be less than 28 days unless negotiated with TAC/WorkSafe.
  3. The Provider must ensure any equipment to be used with a Client/Worker is mechanically sound and installed and maintained in accordance to the manufacturer’s instructions and TAC/WorkSafe advised immediately if maintenance or repairs are required.
  4. The Provider acknowledges that registration for Disability Services does not guarantee referrals for services.
  5. The Provider agrees to participate in quality assurance activities such as development and implementation of a Continuous Improvement Plan to demonstrate proactive measures to improve the consistency and quality of services in order to maintain registration.
  1. SERVICE EXPECTATIONS

    It is expected that all TAC/WorkSafe Disability Services:

  • Are individualised to the Client/Worker and are provided in a consistent and outcomes focussed manner
  • Are conducted in a manner that promotes the dignity, privacy, well-being, participation and quality of life of the Client/Worker
  • Ensure that Support Plans document gender preference for people receiving intimate supports. Where no gender preference can be discerned that support plan documents intimate supports for women with a disability will be provided by female support workers.
  • Are focussed on enhancing the independence, capacity and development of the Client/Worker
  • Formally incorporate clinical directions and recommendations into support and engagement of Clients/Workers, particularly in relation to Behaviours of Concern and Complex Communication Support
  • Identify and provide appropriate support to Clients/Workers who have reduced capacity to make informed decisions and may be vulnerable to risk taking behaviour and/or exploitation. It is expected that Providers work with these Clients/Workers and their relevant others as appropriate to develop Risk Management and/or Support Plans (such as Positive Behaviour Support Plans, Complex Communication Support Plans, Welfare checks) to mitigate or reduce these risks
  • Collaborate and interface with other community services with a view to providing holistic, local and stable supports to the Client/Worker.

In line with our stance of Zero Tolerance to abuse, neglect or exploitation against people with a disability, all TAC/WorkSafe Disability Services must:

  • Ensure an environment and culture that is free from abuse and that all allegations are followed up promptly
  • Ensure Clients/Workers have opportunities to exercise choice and control and decision making is maximised in all areas
  • Enhance the Clients/Workers capacity to live as independently as possible within their own home
  • Ensure Clients/Workers have access to similar opportunities and experiences as other members of our community
  • Implement the person-centred/led goals to meet the outcomes set out in the Client’s Independence Plan (as applicable).

The Provider must monitor and proactively identify any changes to a Client/Worker’s circumstances or behaviour and notify TAC/ WorkSafe if these may impact on the nature or frequency of Disability Services or require support from another provider/ organisation.

CLIENT FOCUSED PLANNING – TAC ONLY

The Provider must actively participate in the Client Planning Process if requested to do so by attending Planning meetings, supporting the client in achieving the things that are important to them as required and proactively identifying and notifying the TAC if there is a change in circumstances that may warrant a plan review.

  1. SERIOUS INCIDENT REPORTING
  1. Providers must report serious incidents in writing to TAC/WorkSafe within one business day of the incident occurring. Incidents are to be documented on the TAC Serious Incident Report Form or the DFFH Client Incident Report form for workers. For TAC clients, if a notification is also to be made to another government body (such as DFH or the National Quality and Safeguards Commission), their Incident Report form can be accepted instead of the TAC form.
  2. Serious Incident Reports are to be submitted via the TAC online form or emailed to seriousincidents@tac.vic.gov.au. For WorkSafe workers: A copy of the Provider Incident Report form is to be emailed through to siw@worksafe.vic.gov.au.
  1. COMPLAINTS AND RESOLUTION PROCESSES
  1. Providers must have a Complaint Process that outlines how Clients/Workers or others on their behalf may make a complaint about the quality, effectiveness or frequency of any element of service provision and how the Provider will manage and respond to the complaint.
  2. The Complaint Process must:
    • Ensure that complaints can be made easily and without adverse repercussion to the complainant
    • Allow complaints to be made and dealt with confidentially and these can remain anonymous if preferred
    • Ensure the Provider gives the complainant information about all complaint processes available to them, internally and externally (such as Disability Services Commissioner, TAC, WorkSafe, Office of the Public Advocate, TAC Abuse and Neglect Report Line).
    • Set out the investigation and resolution process and anticipated timeframes
    • Be made available to TAC/WorkSafe or any party who requests it.
  3. Upon request from TAC/WorkSafe, the Provider must:
    • Provide a report containing a summary of any complaints received (subject to de-identification if a request from a complainant to remain anonymous) and how the Provider has managed these complaints
    • Be able to provide evidence that the complaint has been responded to and resolved, advised all relevant parties of the outcome to the complaint and adjusted as appropriate service provision as a result of the complaint.
    • Evidence that it maintains records of the numbers and types of complaints for at least five years.
  4. The Provider must comply with reasonable suggestions from TAC/WorkSafe to resolve the complaint such as appointing a mediator to facilitate a resolution, change the staff providing the Disability Services subject to the complaint or changing the conditions of the services being provided.
  5. The costs of the suggestions in the above point (iv) are to be borne by the Provider.
  6. No Client/Worker will be adversely affected because they have made a complaint or one has been made against them.
  1. COMPLAINTS TO THE DISABILITY SERVICES COMMISSIONER (DSC) up to 30 June 2019 – TAC ONLY
  1. The Provider acknowledges that the TAC or Client may refer complaints to the Disability Services Commissioner (DSC) or other government bodies for investigation.
  2. The Provider agrees to participate in the review and potential investigation process if the DSC considers the matter falls under its jurisdiction in line with the Disability Act 2006.
  3. The Provider agrees it will be bound by any finding and recommendations resulting from the DSC’s review and/or investigation.
  1. CONFIDENTIALITY AND PRIVACY
  1. The Provider and Personnel will respect the confidentiality of Clients/Workers at all times.
  2. The Provider acknowledges that the TAC and WorkSafe are bound by the Victorian Protective Data Security Standards in the Privacy & Data Protection Act 2014 (Vic). The Provider will not do any act or engage in any practice that contravenes or breaches any Protective Data Security Standards or would give rise to any contravention of a Protective Data Security Standard by the TAC/WorkSafe in respect of any data collected, held, used, managed, disclosed or transferred by the Provider on behalf of the TAC/Worksafe under or in connection with their provision of services.
  3. Staff that do not meet the definition of Personnel will complete the Confidentiality Deed Poll in Addendum 1. The Provider must comply with all obligations outlined in the Privacy and Data Protection Act 2014, the Health Records Act 2001 and will implement policies and procedures relating to the collection, use, disclosure, storage and handling of personal information as shared between TAC/WorkSafe and the Provider.
  4. The Provider agrees to be bound by (and will make sure that its Personnel are bound by) the Health Privacy Principles and any applicable Code of Practice (Principles) with respect to any act done or practice engaged in by the Provider in provider disability services in the same way and to the same extent as the TAC/WorkSafe would have been bound.
  5. The Provider must comply with, and must ensure that all its Personnel comply with, the secrecy provisions in section 131 of the Transport Accident Act and section 412 of the Workplace Injury Rehabilitation and Compensation Act 2013 as if the Provider and its Personnel were bound by those provisions directly
  6. The Provider acknowledges using the information obtained about Clients/Workers outside the requirements of the Legislation may constitute an offence.
  1. CONFLICT OF INTEREST
  1. The Provider will provide details of any obligations or commitments that the Provider or any associated entities have or are likely to have which may cause any potential, actual or perceived conflict of interest with any of the disability services sought to be registered.
  2. The TAC/WorkSafe requires the Provider to have a documented process to identify, prevent and/or manage conflicts of interest and the Provider agrees to provide this documentation upon request.
  1. IDENTIFICATION AS A TAC/WORKSAFE PROVIDER AND USE OF LOGOS
  1. Registered Providers may identify their TAC/WorkSafe registration by stating “(Provider’s name) is registered to provide disability services for (Clients/Workers)”.
  2. The TAC and WorkSafe logos are not to be used by a Provider in any publicity including the provider’s website or advertising material to promote business.
  1. REMUNERATION AND BILLING
  1. The Provider’s invoices must accurately reflect the Disability Services approved and performed on behalf of TAC/WorkSafe and must be able to be substantiated such as by support plans/ timesheets.
  2. Invoices are to be aligned with the TAC/WorkSafe billing processes.
  3. The Provider acknowledges that TAC, WorkSafe and Agents are only liable for payment of reasonable costs of disability services provided to Clients/Workers in accordance with Legislation and published fee schedules on the TAC/ WorkSafe website. Given the fee schedule may not cover the full cost of a service, the Provider must advise and negotiate directly with the Client/Worker any agreement for them to cover the gap.
  4. The Provider must not submit any invoices for any services not directly related to the approved services or for services not performed. It is an offence under the Legislation to seek fraudulent payments or to provide any false or misleading information.

The Provider agrees to use the electronic invoice lodgement system as specified by TAC/WorkSafe.

  1. DOCUMENTATION
  1. Providers must keep all documentation relevant to these Registration Requirements and in relation to Clients/Workers to whom Disability Services are being provided current at all times.
  2. The Provider must make all Policy and Procedures, training calendars and any other relevant documentation pertinent to meeting the Registration Requirements available to TAC/WorkSafe upon request. These may be inspected or copies made at the Provider’s premises. Documents to be reviewed may include but are not limited to:
    • Serious Incident Reporting
    • Continuous Improvement Plan
    • Clients at Risk of Abuse Management Plan
    • Recruitment and Induction Plan
    • Staff Training- including Zero Tolerance, identifying and responding to abuse
    • Confidentiality and Privacy Policy
    • Handling Clients/ Workers funds
    • Conflict of Interest Policy.
  3. The Provider must submit any Information Requests from the TAC/WorkSafe relevant to the provision of Disability Services to a Client/Worker no more than 10 business days after it has been requested.
  4. The Provider must keep accurate and up to date timesheets recording the Disability Services provided to Clients/Workers. These must be provided no more than 10 business days after it is requested. Timesheets must detail the client name, claim number, type of disability service provided/purpose, billing/fee code, names of Personnel providing service, commencement and conclusion time of service and details of address, mileage and travel purpose where relevant.
  1. CONTINUOUS IMPROVEMENT

    The Provider agrees to participate in continuous improvement opportunities provided by the TAC/WorkSafe including, but not limited to:

    • Discussions regarding the delivery of services
    • Discussions on emerging trends/issues impacting on the disability services sector and providers
    • Forums to exchange information between Providers and TAC/WorkSafe
    • Presentations and interactive workshops about TAC/WorkSafe strategic initiatives
    • Updates about changes to TAC/WorkSafe policies.
  1. PERFORMANCE MANAGEMENT

    In the event that TAC/WorkSafe identifies concerns with the quality of services being provided to a Client/Worker, the Provider agrees to engage with TAC/WorkSafe to develop, implement and review a Performance Management Plan.

  1. AUDITS/ REVIEWS AND INVESTIGATIONS

TAC/WorkSafe may undertake reviews, audits or investigations, including site and services assessments to confirm and enforce the provisions of the registration and Legislation. These are also opportunities for Providers to demonstrate how they are meeting the Registration Requirements and provide examples of best practice that TAC/WorkSafe may acknowledge and, with permission, share with the broader sector. The Provider must, on receiving five business days’ notice from the TAC/ WorkSafe, permit the TAC/WorkSafe or its designated representatives access to the Provider's facilities and premises, Records and Personnel to perform a review/audit/ investigation to the extent necessary to verify all or any part of the Provider's fulfilment of its obligations under, or operations relating to the performance under its registration.

  1. The Provider acknowledges that TAC/WorkSafe or its agents may undertake reviews or audits, including site and services assessments, to confirm adherence to the Registration Requirements and TAC/WorkSafe Policies and Procedures. Providers must cooperate and support the process, including seeking relevant information and documentation from Clients/Workers and third parties.
  2. The TAC/WorkSafe may occasionally visit Clients/Workers at home to assess the health and welfare of the Client/Worker, the adequacy of the services provided and the general condition of the home. The Provider, Client /Worker will receive reasonable notice in order to facilitate these visits.