John Chesterman Acting Public Advocate Manager Policy and Education

1. Addressing violence and abuse: Using the ‘IGUANA’ guidelinePresentation to DARU Sector Conversations forum 22 October 2013 John Chesterman Acting Public Advocate Manager Policy and Education

2. Introduction OPA is an independent statutory authority with the following key functions: guardian of last resort investigates applications to Vic. Civil and Administrative Tribunal coordinates 3 volunteer programs Community Visitors program Independent Third Person program Community Guardianship program advocates (individual and systemic) provides an advice service delivers community education

3. Addressing violence and abuse: Using the IGUANA guideline Today’s talk will include • Introduction • OPA work to date and in train (and related sector developments) • Background to IGUANA • Ins and outs of IGUANA

4. Is there a need for a guideline?

5. OPA, ‘Violence against people with cognitive impairments’, 2010, p. 4. ‘The project examined 86 cases, involving 66 women and 20 men. This report reveals that people of all ages with a range of cognitive impairments are subjected to physical, sexual, psychological, emotional and impairment-related violence, financial abuse and neglect.’ The report pointed to: • A high rate of violence • Inadequate support

6. Is there a need for a guideline?

7. Inquiry into access to and interaction with the justice system by people with an intellectual disability and their families and carers • 47 recommendations

8. Is there a need for a guideline?

9. Is there a need for a guideline?

13. Victorian Law Reform Commission, Final Guardianship Report 2012 Recommendation 328. ‘Under new guardianship legislation, the Public Advocate should have the function of receiving and investigating complaints in relation to: (a) the abuse, neglect or exploitation of people with impaired decision-making ability due to a disability …’ Recommendation 329. ‘New guardianship legislation should provide that where the Public Advocate believes that an investigation is warranted she should be able to conduct an investigation on her own motion in relation to: (a) the abuse, neglect or exploitation of people with impaired decision-making ability due to a disability …’ Recommendation 305. ‘New guardianship legislation should provide that it is unlawful for a person with responsibility to care for a person with impaired decision‑making ability because of a disability to abuse, neglect or exploit that person.’

14. Interagency Guideline Addressing Violence, Neglect and Abuse= IGUANA

15. Background to IGUANA • We knew that there exist a range of other guidelines, resources and information in relation to violence, abuse, neglect and exploitation (both in Victoria and elsewhere).

20. Development of IGUANAOctober 2012 forum • Groups present at the October 2012 forum: • Office of the Public Advocate (inc Community Visitors program) • Melbourne Citymission, Wesley Mission, Yooralla, Scope, Karingal, National Disability Services • Victims Support Agency, Victims of Crime helpline • South Eastern Centre Against Sexual Assault, Domestic Violence Victoria, Making Rights Reality • Dept of Families, Housing, Community Services and Indigenous Affairs • Department of Human Services, Department of Health • Vic Equal Opportunity and Human Rights Commission • Office of the Disability Services Commissioner • Carers Vic • Valid, New Wave, Disability Advocacy Resource Unit • MS Australia • Victoria Legal Aid • Vic Mental Illness Awareness Council, Vic Women and Mental Health Network • Women with Disabilities Victoria • Victorian Ombudsman • Victoria Police • University of Melbourne, La Trobe University

21. Development of IGUANAFebruary 2013 forum • Groups present at the February 2013 forum: • Office of the Public Advocate (inc Community Visitors program) • Carers Australia • Department of Human Services • Domestic Violence Victoria • Karingal • National Disability Services • New Wave • Office of the Disability Services Commissioner • Reinforce • Scope (Vic) • SECASA • VALID • Victoria Legal Aid • Victoria Police • Victorian Equal Opportunity and Human Rights Commission • Women’s Mental Health Network Victoria • Women with Disabilities Victoria

22. Why endorse IGUANA? • Moral – this will improve the protection of at-risk adults • Legal – this articulates various duties of care that exist, and provides a step-by-step guide to enable duties of care to be met • Instrumental – this is an excellent example of cross-sector liaison and achievement

23. Background to IGUANA Important considerations Whose guideline is it? those agencies which wish to adopt it Who would be covered? ‘at-risk adults’, ‘vulnerable adults’ ‘people with cognitive impairments or mental illness’ What would be covered? ‘abuse’ would include physical abuse and sexual assault but would it extend to financial abuse, emotional abuse? The guideline will be of limited use if the definition is too broad or if it is too narrow. ‘neglect’ ‘exploitation’ ‘violence’ In what situations would the guideline operate? disability accommodation supported residential services mental health facilities rooming houses private accommodation

24. Relevance of institutional policies • Particular agencies and settings will require particular responses. E.g. some agencies will have particular policies on these matters that will determine reporting practices. Abuse and neglect in some settings will require particular responses (e.g. mental health facilities, supported residential services). • IGUANA should exist alongside these policies.

25. Development of IGUANAWe received endorsement from the following:

27. Implementation – bringing IGUANA to life • OPA will utilise this: • as a resource for our Advice Service • in our community education undertakings • in training we provide on responding to abuse Organisations will use IGUANA in a variety of ways: • as a resource in accommodation and day care settings • in staff training and professional development • as an advocacy tool

28. IGUANA basics Scope of guideline Definitions The steps

29. IGUANA: Key definitions

30. IGUANA step by step Protect the person 2. Support the person 3. Report the matter immediately 4. Preserve any evidence 5. Contact the family or carer 6. Encourage the person to take part in any investigation 7. Take further action if you have doubts or concerns

31. IGUANA step by step Ensure that the preceding actions have been completed B. Ensure that an investigation occurs C. Protect the wellbeing and rights of service users D. Protect whistleblowers

32. Other work in train • Prevention work, including capacity building work, is crucial. • OPA is developing some training materials on violence and abuse prevention, adapted from materials prepared by Minda (SA)

33. Thank you