Managing Unreasonable Behaviour Guideline

DOCUMENT 7

FOI 24/25-1367 - DISCLOSURE LOG

1. Purpose

This guideline outlines the National Disability Insurance Agency’s (NDIA) approach to managing unreasonable behaviour by external parties. The guideline is intended for use by all persons who provide a service or perform a function for, or on behalf of, the NDIA.

2. NDIA Approach

The NDIA is committed to being accessible and responsive to all participants including receiving and responding to complainants. At the same time, the NDIA’s success depends on:

our ability to do our work and perform our functions in the most effective and efficient ways possible
the health, safety and security of our people
our ability to allocate resources appropriately across all the enquiries, requests and complaints received.

Unacceptable behaviour directed toward NDIA or Partner personnel will be treated seriously and incidents of a serious nature may be referred to police for action.

3. Scope

This guideline applies to all NDIA personnel in their interactions with external parties including participants, support persons and members of the public.

The guideline aims to ensure NDIA personnel:

feel confident and supported in taking appropriate action to manage unreasonable conduct
act fairly, consistently, honestly and respectfully when responding to unreasonable conduct
are aware of their roles and responsibilities in relation to the management of unreasonable conduct and how these procedures will be used
understand the types of circumstances when it may be appropriate to manage unreasonable conduct
have a clear understanding of the criteria that will be considered before deciding to use any of the ongoing management strategies detailed in this procedure
are aware of the processes that will be followed to record and report unreasonable conduct incidents as well as the procedures for consulting and notifying participants or their support person about any proposed actions or decisions to change their access to NDIA/Partner in the Community staff and office location.

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4. Defining unreasonable behaviour

Unreasonable behaviour is conduct that may compromise the health, safety and security of staff, other service users or the individual exhibiting the unreasonable behaviour. This conduct can include:

acts of aggression, verbal abuse, derogatory, racist or defamatory remarks
harrassment, intimidation or physical violence
rude, confronting and threatening correspondence or behaviour
threats to harm self or third parties, threats with a weapon or threats to damage property
stalking.

The NDIA does not tolerate any abuse or threats directed towards its personnel. Any conduct of this nature will be dealt with under this procedure and in accordance with the NDIA’s duty of care and work health and safety responsibilities.

5. Unreasonable Complainant Behaviour

Complaints in relation to the National Disability Insurance Scheme (NDIS) are managed through the NDIS Complaints Management Framework and the NDIS Service Charter Standards.

However, where an external party (participant or their representative) refuses to accept a decision on a matter and consistently raises the same issue with the same or different NDIA officers, or makes unreasonable demands, acts offensively or vilifies, it may be deemed unreasonable behaviour and dealt with in accordance with this guideline.

6. Roles and responsibilities

6.1 Service Delivery Staff

Staff who have regular contact with participants and/or their family member or other support person should familiarise themselves with this guideline.

Staff are encouraged, where appropriate, to address unreasonable behaviour and explain the agenices expectations when interacting with staff. Staff are responsible for recording and reporting all unreasonable behaviour incidents to their line manager and submitting a Security Incident Report form to the Protective Security Team.

6.2 Director Service Delivery

The Director Service Delivery, in consultation with relevant staff, has the responsibility and authority to provide advice to their Regional Manager on changing or restricting a participant or their family member, carer or support person’s access to NDIS or Partner in the Community offices.

The Director Service Delivery is also responsible for recording, monitoring and reviewing all cases where unreasonable conduct procedures are applied within their office to ensure consistency, transparency and accountability for the application of these procedures. They will also manage and keep a record of all cases where these procedures are applied and liaise with the NDIA Agency Security Advisor for advice on protection of persons and property.

6.3 Chief Executive Officer

The CEO (or their delegate) will review any appeals lodged in regard to the NDIA’s decision to change or restrict participant or support person access.

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6.4 Regional Implementation Branch

The Regional Implementation Branch is the business area responsible for the management of service alterations or restrictions in response to unreasonable conduct.

The branch will manage all files and records in relation to unreasonable behaviour to ensure consistency, transparency and accountability.

Regional Managers will be responsible for preparing any correspondence that changes or restricts access to NDIA or Partner offices or the way the participant accesses the scheme.

7. Managing escalating behaviour

7.1 Abusive or offensive behaviour

Staff are not required to tolerate being spoken to in an offensive manner or with the use of offensive language. The following are examples of appropriate responses to the use of offensive language or manner:

“I feel your language (or manner) is offensive. I would like to be able to assist you with your request (complaint etc) but I am not able to unless this behaviour ceases”.
If the behaviour continues, the person (who may be face-to-face or on the telephone) should be advised that the call or discussion will be terminated if the behaviour continues.
Where a call or discussion is terminated, the staff member must notify their team leader or manager immediately.

Detailed information in relation to de-escalation techniques and appropriate response steps to the escalation of abusive or aggressive behaviour is located in the Aggression Response Plan (ARP) and de-escalation techniques suite of tools.

7.2 Staff support

Dealing with unacceptable behaviour can be distressing for staff, regardless of their level of experience. The NDIA is committed to ensuring the health, safety, wellbeing and security of staff. This includes supporting staff who become distressed as a result of dealing with unacceptable behaviour.

The NDIA has an Employee Assistance Program (EAP) available to provide debriefing and counselling opportunities if needed. Staff have a responsibility to notify their team leader or manager of unreasonable behaviour incidents or other stressful interactions. Where staff health and safety has been threatened or affected, a Work Health and Safety Incident Report Form must be completed and submitted as soon as practicable, in addition to the Security Incident Report.

7.3 Debrief

While many staff debrief after a challenging interaction with their colleagues, debriefing is also encouraged with the staff member’s team leader or manager, or as a team following a significant incident. All staff are encouraged to participate in an appropriate level of debriefing activity when necessary.

7.4 Employee Assistance Program

The NDIA and Partner in the Community organisations offer employee assistance program arrangements which provide access to a network of accredited councillors who can offer a professional, empathetic and effective confidential service.

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7.5 Training and awareness

The NDIA is committed to ensuring that all staff are aware of and know how to apply this guideline.

Service delivery staff will be provided with training in relation to this guideline, de-escalation techniques, the NDIA Aggression Response Plan, Code Grey/Code Black, and other relevant training to assist them to deal with difficult and challenging behaviours.

8. Responding to and managing unreasonable behaviour

Unreasonable behaviour incidents will generally be managed by clearly and assertively discussing the behaviour with the individual concerned. A follow-up letter detailing the unacceptable behaviour, mutual expectations and consequences of further instances of the behaviour may be sent where necessary. In some circumstances, this may take the form of a warning letter.

8.1 Changing or modifying access to the NDIA

Repeated or serious instances of unacceptable behaviour will generally be managed by limiting or adapting the way the NDIA interacts with the participant or their family member or support person to support the health and safety of people working for or with the NDIA.

In all cases, strategies for managing external party behaviour must be relevant and appropriate to the behaviour, taking into account factors such as type, severity and frequency of the behaviour and the capacity and circumstances of the individual who has exhibited the behaviour. That is, the strategy should be proportionate to the conduct and capacity, while consideration of staff safety remains paramount.

The NDIA may define:

Who contact is with – access may be limited to a sole contact officer within the NDIA or Partner in the Community organisation,
What may be raised – restricting subject matter of communications that the NDIA will consider and respond to
When contact is made – limiting contact with the NDIA to a particular day, time, duration or defining the frequency of contact
Where contact is made – this may include specifying the office location the person may attend and specifying who else must be present, such as the co-ordinator of supports as an example.
How contact is made – limiting or modifying the forms of contact that may be made.

8.2 Who – limiting the person to a sole point of contact

Where unreasonable or persistent demands are made, it may be appropriate to restrict access to a single member of staff (Sole Point of Contact) who will exclusively manage the complaint/s and interactions with the NDIA. This will ensure consistency in response and minimise the opportunities for misunderstandings, contradictions and manipulation.

The sole point of contact’s manager will be responsible for providing them with regular support and guidance as required.

Persons restricted to a sole point of contact should also be provided with the contact details of one additional officer who they can contact if their primary contact is to be unavailable for an extended period.

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8.3 What – restricting subject matter of communications

Where unreasonable conduct continues in relation to issues that have been comprehensively considered and/or reviewed by the NDIA, restrictions may be applied to the issues or subject matter the person can raise with the NDIA.

The NDIA may specify the unreasonable conduct and refuse to respond to correspondence that raises an issue which has already been comprehensively dealt with. The person will be advised that future correspondence of this nature will be read and filed without acknowldgement. The NDIA will specify the duration of the change or restriction imposed, which ideally should not exceed twelve months.

8.4 When – limiting when contact may be made with the NDIA

Where a person’s communication with the NDIA, via any channel, places an unreasonable demand on time or resources or affects the health, safety and security of staff due to being persistently rude, threatening, abusive or aggressive, limits may be imposed in relation to when the person can interact with the NDIA. Strategies may include:

Limiting telephone calls or face-to-face appointments to a particular time of the day or days of the week.
Restricting the person’s attendance at NDIA/Partner in the Community premises to specified times of the day and/or days of the week, for example, when additional security is available or time/s/days that are less busy.
Requiring attendance to be on an ‘appointment only’ basis and only with specified staff and/or with a co-ordinator of supports to be present. The safety and security of staff must be assessed when considering this option.

8.5 Where – limiting where contact may be made with the NDIA

Limits may be imposed in relation to where contact may take place. Strategies include:

Directing the person to leave NDIA/Partner in the Community premises if their conduct is rude, threatening, abusive or aggressive.
Temporarily or permanently banning the person from attending NDIA/Partner in the Community premises and instructing that contact must be via a different channel.
Requiring face-to-face contact take place at another NDIA/Partner in the Community office, or the office of a service provider with the co-ordinator of supports present.
Requiring face-to-face contact take place at another suitable location where other appropriate persons will be present to ensure the safety of NDIA and partner organisation staff.

8.6 How – limiting how contact is made with the NDIA

Limits may be imposed in relation to how contact may take place. Strategies include:

Limiting the length or duration of telephone calls, written correspondence or face-to-face appointments
Limiting the communication channel by which the person may contact the NDIA or Partner in the Community organisation, restricting communications that will be considered and responded to: telephone only; email only or if necessary, letter only.

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8.7 Review of serious or repeated behaviours

When a person repeatedly fails to modify their conduct and/or they are identified as a significant risk to NDIA personnel or other parties; they will be subject to high level case review by agency stakeholders including the Region Manager, Protective Security Team and Legal Services.

9. Access Change Procedure

9.1 Consultation

When advised of an unreasonable behaviour incident, managers should determine with the staff involved the circumstances which gave rise to the incident, the impact the behaviour has had on the staff involved and the NDIA’s property and/or other resources and the actions the staff member/s involved have taken to manage the conduct.

As previously outlined, any response must take into consideration the individual’s circumstances and capacity along with the type, severity and frequency of the behaviour exhibited.

9.2 Notifying relevant staff about access changes or restriction

The manager will notfy relevant staff about any decisions to change or restrict access to the NDIA, in particular the Protective Security Team and Front of House staff in cases where a restriction prohibiting entering NDIA or Partner premises is implemented. In consultation with the Protective Security Team, a decision will be made regarding the need to make arrangements for a security officer presence at the office or offices involved.

The manager will ensure that a record is made in CRM on the individual’s file detailing the restriction and duration of restriction. The manager will also ensure that details of the incident are accurately recorded including verbatim recording of any threats made, where relevant.

9.3 Ongoing monitoring

Once a letter notifying of the change or restriction of access has been issued, the Sevice Delivery Director will regularly review the effectiveness of the restriction, with the frequency of review guided by the duration of the restriction imposed.

10. Critical Incident Escalation

An incident requires escalation if it is assessed as urgent or high profile and the DCEO, CEO or, in certain circumstances, the Minister’s Office may need to be informed.

An incident is urgent if it significantly impacts (or could potentially impact):

day-to-day business
the health and safety of staff or participants
the reputation of the NDIA
a community (such as an emergency event).

An incident may be high profile if it is:

subject to inquiry or scrutiny by the media
considered to be politically sensitive.

The responsible officer is the person responsible for the relevant Branch or Region. This is generally the Branch Manager, Regional Manager or General Manager.

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If an incident is identified as sensitive and not for general distribution, the SES officer responsible for the incident is to notify the relevant General Manager who will then inform the DCEO and CEO’s office, as appropriate.

10.1 Escalation process

Managing the incident takes priority when it involves the health and safety of staff or participants, with the escalation process to follow. The relevant region is responsible for the management of the incident in accordance with NDIA policies or frameworks. The escalation process is mandatory. It is critical to ensure that urgent or high profile incidents are escalated to appropriate stakeholders in a timely manner so that they are informed as soon as practically possible.

The escalation process is simplistic in nature – the provision of timely advice to senior stakeholders. It may be twofold depending on the impact of the incident:

early, quick advice to GM and/or DCEO, via phone
email advice to GM, via completion of the NDIA escalation template.

For completeness and consistency of information provided the escalation template must be completed as soon as is practicable and sent to the relevant senior stakeholder (GM/DCEO) with a copy to redacted: s47E(d) - certain operations of agencies @ndis.gov.au and redacted: s47E(d) - certain operations of agencies @ndis.gov.au

The following types of incidents must be escalated to the DCEO’s Office:

Threats to bomb or burn NDIA/partner organisation premises or take other violent action
Participant aggression incidents where a weapon is used or brought to an office (this would include items that are not weapons, but are used as weapons, e.g. a syringe)
Incidents where a staff member is physically assaulted - hit, pushed, grabbed or spat on
Participants being arrested on NDIA/partner organisation premises, even if the arrest is not related to NDIA business
Participant or visitor death on the premises
Media and/or politically sensitive matters.

Escalation of incidents to the DCEO’s Office must be timely, preferably within 30 minutes of the incident. This can be done by an email or phone call.

Incidents which involve partner organisation people or premises must be escalated by the relevant NDIA Regional Manager.

11. Appeals process

11.1 Right of appeal

A person who has had a change or restriction of service imposed is entitled to one appeal of the decision to change or restrict their access conditions. The review will be undertaken by the Chief Executive Officer or delegate who will consider the appeal arguments and all relevant records of the individual’s past conduct. The Chief Executive Officer or delegate will advise the individual of the outcome of the appeal by letter.

If the person continues to be dissatisfied after the appeal process, they may seek an external review from the Commonwealth Ombudsman. The Ombudsman may accept the review to ensure the NDIA has acted fairly, reasonably and consistently and observed the principles of good administrative practice and procedural fairness.

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12. Legislation

Privacy Act (Cth) 2012 National Disability Insurance Scheme Act 2013 Work Health and Safety Act 2011

NDIA Aggression Response Plan

Code Grey/Code Black customer aggression shelter in place/evacuation plan

DHS Customer Aggression Emergency Response Procedures

NDIA Partner Contracts and Grant Agreements

NDIA Partner Relationship Toolkit — Establishing Services — Standard Operating Procedures and WHS Plans

Comcare — Prevention and Management of Customer Aggression — A Guide for Employers

NSW Ombudsman — Managing Unreasonable Complainant Conduct — Practice Manual

Australian Institute of Criminology — Preventing Client-Initiated Violence — A Practical Handbook

Approved: 11 September 2017

Owner: Protective Security Team

Contact: redacted: s47E(d) - certain operations of agencies @ndis.gov.au

September 2017

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Managing Unreasonable Behaviour Guideline