Code of Conduct Policy

Purpose

Our employees contribute to the success of our organisation and that of our clients.  Supreme Community Care (the Company) endorses that all our employees are not deprived of their basic human rights.  Furthermore, our employees have an obligation to the Company, our clients and themselves to observe high standards of integrity and fair dealings.  Unlawful and unethical business practices undermine employee and client trust.

The purpose of the Company’s Code of Conduct is to:

  • encourage positive behaviours within the workplace;
  • provide guidance to all employees on the Company’s values and expectations while acting as a representative of the Company;
  • promote a common minimum standard of ethical behaviour, standards and expectations across the Company;
  • raise employee awareness of acceptable and unacceptable behaviour and provide a means to assist in avoiding any real or perceived misconduct

Scope

This policy applies to all employees, including:

  • full time, part time, casual, permanent or temporary employees;
  • contract or commission workers;
  • volunteers, vocational and work experience placements.

It applies to all employees whilst:

  • at Company premises;
  • attending work-related interactions with fellow employees, clients, candidates and other stakeholders;
  • fulfilling work-related obligations;
  • at host employer, stakeholder or client premises; and/or
  • at Company sponsored or funded functions or activities, during and/or outside working hours.

Other actions by employees outside working hours may also fall within the scope of this policy if there is an impact on the employee’s ability and/or suitability to do their job or their actions bring the Company into disrepute.

Objective

The aim of this policy is designed to foster a work environment, which is positive, diverse and free from inappropriate, unethical and unlawful conduct.  This policy is written as a set of general principles in employment and should be read in conjunction with other relevant Company policies.

Policy

  1. Business Integrity

1.1       Honesty, Integrity & Fairness

All employees shall endeavour to perform their duties and conduct business in a manner that is honest and of the highest integrity.  Company employees strive to maintain our business relationships in a manner which is consistent with the principles of respect for others, consistency and fairness.  We aim to maintain standards that exceed community and industry expectations.

1.2       Reporting Concerns

The Company is committed to fostering an environment where concerns can be reported without fear of punishment.  We are committed to treating all reports seriously and will act appropriately and promptly.

1.3       Conflict of Interest

Employees are to disclose any real or potential conflicts of interest when dealing with family, friends, or other related parties, entities or stakeholders on behalf of the Company.  An employee shall make our interests known and seek approval before contracting with any of these parties where a conflict of interest may occur.

  1. Business Practices

2.1       Financial Interests

The Company’s employees should avoid taking a specific financial interest, or participating in financial activities and arrangements which could conflict with their obligations of fairness and integrity to the Company, or that which could be perceived to do so.

2.2          Property & Ownership

Employees are to take responsibility for the protection and care of Company assets including, but not limited to:

  • cash, corporate cards & vouchers;
  • plant and equipment,g.cars, machinery,clothing;
  • Company information;
  • computers, mobile phones and software;
  • intellectual property (e.g. copyright, trademarks, patents, registered designs and the right for the Company to have its confidential information kept confidential).

The Company aims to ensure that employee actions in relation to Company property are honest at all times.  If an employee believes that theft or damage is taking place in the workplace, that employee should report it immediately to their manager/supervisor.

To avoid any misunderstanding, employees should remember to always:

  • seek permission from  a senior manager to take Company property from the workplace and ensure its removal is documented and authorised;
  • always use Company property for what it was intended and not for personal use unlessauthorised;
  • never assume that damaged stock or goods is not wanted or not valuable to the Company;and
  • return all Company assets when leaving the organisation.

Employees must also comply with their obligations in relation to intellectual property owned by third parties.

2.3          Recruitment and Selection

Our commitment to attract quality employees is reflected in our recruitment and selection processes, which are based on merit.

  1. Health, Safety & Environment

The Company aims to provide a safe and healthy workplace for all employees.  We aim to carry out our business activities in a manner consistent with applicable health, safety, and environmental laws and regulations for the wellbeing of our employees, contractors, visitors and customers.  The Company and employees will work in line with all applicable health and safety legislation during all business dealings.

  1. Equal Employment Opportunity (EEO) and Anti-Harassment

The Company aims to provide a work environment free from unlawful discrimination and harassment.  Employees of the Company must also ensure their actions are working towards a common goal to provide a work environment free from unlawful discrimination, bullying and harassment.  Refer to the Equal Employment Opportunities Policy and Bullying, Discrimination and Harassment Policy, which operate in conjunction with this policy. 

  1. Serious Misconduct

Serious misconduct is misconduct that is so serious that it fundamentally undermines the relationship of trust and confidence between the Company and the employee.  This is further explained in the Disciplinary Policy.

  1. Questions and Reporting

6.1          Questions

If employees have any questions about a matter or issue, they should consult with their manager in the first instance.

Should an employee require confidential advice or assistance, the Company may be able to provide assistance through the Employee Assistance Program.

6.2          Reporting

All breaches of this Code of Conduct should be immediately reported to management of the Company.

Individuals making complaints in good faith will be protected by this Code of Conduct, however, understand that disciplinary action may be taken where an allegation is malicious or vexatious.

Consequences of non-compliance with this policy

Failure to comply with this policy may result in the consequences outlined in the Disciplinary Policy, which may include termination of employment.

Related Documents

  • Equal Employment Opportunity Policy
  • Bullying, Discrimination and Harassment Policy
  • Disciplinary Policy

Policy Review

This policy will be reviewed annually (or more frequently if necessary due to technical or other business policy requirements).  The Company reserves the right to suspend, modify, or withdraw this policy at any time.  Employees are responsible for keeping up to date with policy terms, including policy revisions, by regularly reviewing Company policies.

Cultural Safety and Cultural Diversity Policy

Purpose

Our employees contribute to the success of our organisation and that of our clients.  Supreme Community Care (the Company) endorses that all of our employees are not deprived of their basic human rights.  Furthermore, our employees have an obligation to the Company, our clients and themselves to observe high standards of integrity and fair dealings.  Unlawful and unethical business practices undermine employee and client trust.  

Cultural safety means an environment that is spiritually, socially and emotionally safe, as well as physically safe for people; where there is no assault challenge or denial of their identity, of who they are and what they need Williams (1999).

Culturally safe practices include actions which recognize and respect the cultural identities of others, and safely meet their needs, expectations and rights.  Alternatively, culturally unsafe practices are those that “diminish, demean or disempower the cultural identity and well-being of an individual” (Nursing Council of New Zealand 2002, p. 9)

The purpose of the Company’s Cultural Safety and Cultural Diversity Policy is to:

  • encourage positive behaviours within the workplace;
  • provide guidance to all employees on the Company’s values and expectations while acting as a representative of the Company;
  • promote a common minimum standard of ethical behaviour, standards and expectations across the Company;
  • raise employee awareness of acceptable and unacceptable behaviour and provide a means to assist in avoiding any real or perceived misconduct.

Scope

This policy applies to all employees, including:

  • full time, part time, casual, permanent or temporary employees;
  • contract or commission workers;
  • volunteers, vocational and work experience placements.

It applies to all employees whilst:

  • at Company premises;
  • attending work-related interactions with fellow employees, clients, patients, candidates and other stakeholders;
  • fulfilling work-related obligations;
  • at host employer, stakeholder, patient or client premises; and/or
  • at Company sponsored or funded functions or activities, during and/or outside working hours.

Other actions by employees outside working hours may also fall within the scope of this policy if there is an impact on the employee’s ability and/or suitability to do their job or their actions bring the Company into disrepute.

Policy

All people are moulded by personal experiences, characteristics, values, attitudes and beliefs.  Each client has social, cultural, language, spiritual, psychological and medical need that affects the care and supports they need.  Each client need will be met on an individual basis, as no two people are the same.  The Company will address these individual needs by approaching the care in an inclusive, respectful manner which is client focused.  The Company will deliver care that is culturally safe and recognises and respects each unique culturally diverse client, respecting their rights as individuals. The Company endeavours to ensure that clients will feel accepted and valued whatever their need is that is being provided for.

The Company believes that it is an essential part of our role to effect and support inclusiveness in all areas of the community.  Within our Company, we are dedicated to improving the inclusion, mental health and wellbeing of all our community through the reduction of stigma, discrimination and social exclusion and the delivery of equitable and friendly service delivery and supports.  The Company values and respects all individuals irrespective of age, gender, culture, ability and personal identity.

The Company will ensure all staff will have appropriate training, mandatory and non-mandatory to ensure a high deliverance of care will be undertaken by employees.

Staff will be expected to attend to all training required by the Company to ensure they are informed of expectations when delivering care to the Company’s clients.

Related Documents, Articles and Legislation

Consequences of non-compliance with this policy

Failure to comply with this policy may result in the consequences outlined in the Disciplinary Policy, which may include termination of employment.

Policy Review

This policy will be reviewed annually (or more frequently if necessary due to technical or other business policy requirements).  The Company reserves the right to suspend, modify, or withdraw this policy at any time.  Employees are responsible for keeping up to date with policy terms, including policy revisions, by regularly reviewing Company policies.

Identification Badge Policy

Purpose

An important aspect of organisational security and maintaining professionalism for staff whom are employed by Supreme Community Care (the Company).  An identification badge identifying staff as employees of the Company must be worn by all staff.

Objective

To ensure Company staff are easily identifiable when attending home visits with patients/clients.

Scope

This policy applies to all employees, including:

  • full time, part time, casual, permanent or temporary employees;
  • contract or commission workers;
  • volunteers, vocational and work experience placements.

It applies to all employees whilst:

  • at Company premises;
  • attending work-related interactions with fellow employees, clients, patients, candidates and other stakeholders;
  • fulfilling work-related obligations;
  • at host employer, stakeholder, patient or client premises; and/or
  • at Company sponsored or funded functions or activities, during and/or outside working hours.

Other actions by employees outside working hours may also fall within the scope of this policy if there is an impact on the employee’s ability and/or suitability to do their job or their actions bring the Company into disrepute.

Policy

All staff employed by the Company are responsible for:

  • always wearing their identification badge and lanyard when delivering care to patients/clients in their homes;
  • wearing the identification badge above waist level and fully visible with face and name side facing outwards;
  • ensuring that identification badge is easily read and not obscured by stickers;
  • understanding that the identification badge and lanyard remains Company property and is returned upon termination of employment or when a new identification badge is issued;
  • providing appropriate identification when collecting the new or replacement identification badge;
  • notifying the Company to replace identification badges if the badge is more than five years old, lost or severely damaged.

Related Documents

  • Code of Conduct Policy
  • Disciplinary Policy
  • Home Visits in the Community Procedure

Consequences of non-compliance with this policy

Failure to comply with this policy may result in the consequences outlined in the Disciplinary Policy, which may include termination of employment.

Policy Review

This policy will be reviewed annually (or more frequently if necessary due to technical or other business policy requirements).  The Company reserves the right to suspend, modify, or withdraw this policy at any time.  Employees are responsible for keeping up to date with policy terms, including policy revisions, by regularly reviewing Company policies.

Police, Blue and Yellow Card Check Policy

Pre-Employment Screening

Purpose

At Supreme Community Care (the Company), a National Police Check, Blue and Yellow card application will be undertaken prior to employment with the Company.  This is to encompass an appropriate employment screening process within the Company.  The Company has a responsibility to ensure that its members, volunteers and employees will not place the Company at unnecessary risk.  Risks could comprise other personnel, clients, staff and children, mean risk to the security of the Company’s assets and risk to the Company’s ability to carry out its service provision in a lawful manner. 

Scope

This policy applies to all employees, including:

  • full time, part time, casual, permanent or temporary employees;
  • contract or commission workers;
  • volunteers, vocational and work experience placements.

The nature of the employment such as whether it is permanent or temporary, full time, part time, casual or agency does not alter the requirement that a National Police Record Check and Working With Children (WWC) Check (Blue Card) is undertaken.  A WWC Check is required regardless of whether the child-related work is being supervised or not.  Furthermore, child related work includes but is not limited to oral, written or electronic communication in addition to face-to-face and physical contact.

Policy

  • All new staff must provide the Company with a National Police Certificate or complete a Fit2Work form providing 100 points of ID to the Company to conduct the check. New staff will be required to pay for their own Police Check, and provide their own Blue Card.  The Company will provide a bridging application to include the Yellow Card.
  • All new staff must provide evidence of a National Police Check, Blue Card and/or Yellow Card Check before commencement. Evidence includes the Application Receipt number as a result of the lodgement of a WWC Check (Blue Card) at Australia Post Outlet or a copy of a current Blue/Yellow card.
  • On renewal, all staff must supply the Company with a copy of their renewal receipt or photocopy of their renewed card. Staff covered by the procedure are not permitted to continue to work with the Company until such time as they provide a copy of the updated checks or lodgement receipt.
  1. Interstate and International Appointments
  • Interstate applicants will need to apply for the relevant Blue/Yellow Card for Queensland and have current checks prior to employment with the Company.
  • The Company does not conduct international checks. International checks are subject to the legislation of the country where the person was a resident.  Any overseas applicant should contact the relevant overseas police force to obtain a criminal or police records check.  The certificate must be in English, or supplied with a certified translation in English and not be older than three months at time of commencement at the Company.
  • If an overseas applicant is unable to provide a police record check from their country of origin because of local difficulties, the Company must be contacted for guidance on reference checking and verifying an applicant’s identity.
  • International applicants can apply for the relevant checks on arrival in Queensland.
  1. Procedure details – National Police Check

When a National Police Record Check is conducted it is done as a nation-wide name check.  If information is obtained about a police record from a state or territory outside Queensland, the legislation which applies in that jurisdiction is applied to the information before it is released.

8.1       At the Recruitment Interview

  • When positions are advertised, the advertisement must contain information that the appointment is subject to a satisfactory National Police Record Check.
  • At interview, the Applicant is informed that if successful, they will need to complete a National Police check and any final appointment is subject to a satisfactory National Police Record Check. Applicants and interviewers need to comply with the requirements on the form regarding proof of identity documents.

8.2       You can obtain a National Police Check via the following means:

  • Provide the Company with a certified copy of the National Police Record Check, provided it is within 3 months of the joining date;
  • Complete the Fit2Work form online, submit the form and pay for it at Australia Post along with 100 points of ID. The check is then provided to the Company.
  1. Period of Validity
  • After processing the request, the National Police Check Certificate is current only after the date of issue. The Company establishes that a National Police Check Certificate is valid for a period of three (3) years.
  • Should a National Police Check reveal a disclosable outcome, the Company must reassess the suitability of the applicant to be employed.
  1. Criteria to Assess Suitability of Applicant with Disclosable Outcome

Criteria used by the Company and which must be applied by the Company when undertaking an assessment of the suitability of an applicant with a disclosable outcome are as follows:

  • The relevance of the criminal offence in relation to the job or placement;
  • The nature of the offence and the relationship of the offence to the particular job or placement for which the applicant is being considered;
  • The length of time since the offence took place;
  • Whether the person was convicted or found guilty and placed on a bond;
  • Whether there is evidence of an extended police record;
  • The number of offences committed which may establish a pattern of behaviour which renders the applicant unsuitable;
  • Whether the offence was committed as an adult or a juvenile;
  • The severity of punishment imposed;
  • Whether the offence is still a crime, that is, has the offence now been decriminalized;
  • Whether there are other factors that may be relevant for consideration;
  • The person’s general character since the offence was committed; and
  • The length of time since the offence took place.

If the Company wishes to employ an applicant with a disclosable outcome, the CEO must be informed and confirm consent of the employment of the applicant in writing.  The CEO’s written consent must be stored with the applicant’s personnel file.

Any decision not to employ an applicant due to a criminal record (and the reasons for the decision) must be communicated back to the individual by the Company.  In these circumstances, the National Police Certificate can be made available for the applicant to view (please note: a copy of the National Police Certificate will not be provided to the Applicant concerned).

  1. Blue Card / Yellow Card

People providing regulated disability services to children and young people will require a blue card, unless an exemption applies. (https://www.bluecard.qld.gov.au/faqs/Do-I-need-a-bluecard/Disability-carers.html)

If you work with both children and adults, and you are engaged by the Company, you can use your blue card for both services, but must also apply for a yellow card exemption.  Yellow card exemptions are issued by the Department of Communities, Disability Services and Seniors.

If you provide services as part of an employment arrangement, then you will need a blue card under the ‘Health, Counselling and Support Services’ category of regulated employment, unless an exemption applies.

Please note, paid employees who require a blue card or exemption card can commence regulated child-related work once they have lodged an application with Blue Card Services and while their application is being processed.

  1. Period of Validity & Maintenance
  • It is the employee’s obligation to ensure they always have a valid Blue/Yellow Card (valid for 3 years, see date on the Blue/Yellow card) while working at the Company. While an employee holds a Blue/Yellow Card, the employee must inform the Company immediately if they are charged, convicted or sentenced with any criminal offence.  Failure to comply with this instruction is a breach of Blue Card Check obligations as well as the employee’s contract of employment with the Company.
  • It is the employee’s obligation to notify the Company if your assessment status changes during employment.
  • It is the employee’s obligation to change the employer details with Blue Card Services, and renew the relevant checks when expiry is one month away.
  • The Company will maintain a database of staff and their Blue/Yellow Card expiry dates. If your name, address and/or phone numbers change while you hold a Blue/Yellow Card, you must inform the Blue Card Services, and/or change the details online with the “Update details online” tab.
  • Where serious breaches are identified, or compliance cannot be established, the matter is referred to the Queensland Police Service (QPS) for investigation and possible prosecution.
  • The Company is responsible for providing information about how to obtain Police checks and Blue/Yellow Cards and maintaining confidential information once they have been returned.
  • It is the Company’s responsibility to ensure that all employees and persons engaged by the Company have a valid checks.

Relevant Links and Documents

Consequences of non-compliance with this policy

Failure to comply with this policy may result in the consequences outlined in the Disciplinary Policy, which may include termination of employment.

Policy Review

This policy will be reviewed annually (or more frequently if necessary due to technical or other business policy requirements).  Employees are responsible for keeping up to date with policy terms, including policy revisions, by regularly reviewing Company policies.

Privacy Policy

Purpose

Supreme Community Care (the Company) understands the importance of keeping personal details private and is committed to maintaining this for our stakeholders.  Our stakeholders include, but are not limited to:

  • prospective employees;
  • employees;
  • host employers;
  • business associates;
  • visitors, which include visitors to our online pages.

Scope

This policy applies to all employees, including:

  • full time, part time, casual, permanent or temporary employees;
  • contract or commission workers;
  • volunteers, vocational and work experience placements.

It applies to all employees whilst:

  • at Company premises;
  • attending work-related interactions with fellow employees, clients, candidates and other stakeholders;
  • fulfilling work-related obligations;
  • at host employer, stakeholder or client premises; and/or
  • at Company sponsored or funded functions or activities, during and/or outside working hours.

Other actions by employees outside working hours may also fall within the scope of this policy if there is an impact on the employee’s ability and/or suitability to do their job or their actions bring the Company into disrepute.

Objective

The Company recognises the importance of an individual’s privacy.  It is our policy to make every effort to ensure your privacy is maintained while providing you with the service you require.  The aim of this privacy policy is to provide information about the personal information the Company collects, how that information will be handled, and how a person can access their personal information or make a complaint about the Company’s handling of the information.  This will be in accordance with the Privacy Act 1988 (The Act).

Policy

Personal Information

Personal information refers to information which identifies you as an individual or from which your identity can be reasonably ascertained (and regardless of the form of the information, and regardless of whether it is true or not).

The Company collects personal information if it is necessary for one of our functions or activities.  The types of personal information we collect may depend on the reason for collection and different personal information will be required depending on the stakeholder.

Generally the types of personal information we collect will include name, contact details and other information necessary to do business with you, including for associated administrative and legal purposes.  In addition we may collect personal information relating to employment which includes, but not limited to, tax file number details, bank account details, superannuation details, reference details, emergency contact details, visa details, qualifications/training details and limited health information.

Website and Security

When you visit our website we may also collect information about the pages you viewed and what you open, download or click on.  Our system may also log the date and time of your visit to our site.  This information will only be used as a way of continuous improvement.  We use a variety of security measures, including firewalls and secure databases to protect your personal information from misuse or unauthorised use or disclosure.  However, no transmission of data over the internet is guaranteed to be secure.  Our site may have links to other sites and we are not responsible for the privacy practices of those sites.  Any information you communicate through the internet, enters the public domain and the Company cannot guarantee its security.

When you disclose information over the internet, it is possible that this information may be collected and used by others.  It is ultimately your responsibility to ensure usernames and passwords are kept confidential and correct procedures are followed when closing down a site or computer in a public arena (such as an internet café). 

  1. Collection and Storage

The Company only collects personal information by lawful and fair means.  We may collect personal information directly from you when you correspond or register details with us, enter into arrangements with us or provide feedback to us.  We may also collect your personal information from relevant third parties where it is reasonable and practicable to do so, for example – from host employers.

Personal information is held electronically and in some cases, in hard copy form.  This is stored at our own private, secure premises and is also stored offsite with the assistance of our secure server providers.  The Company takes all reasonable steps to keep personal information protected from loss, misuse, unauthorised access, modification and disclosure.  This is done by ensuring that this information is held on secure servers in controlled facilities and that information stored within our computer systems can only be accessed by those entrusted with authority and computer network password sanctions.

  1. Disclosure of Personal Information

We only disclose personal information to third parties where we are permitted to do so, where we have obtained consent to do so or when required by law.  Disclosure of personal information may be for the primary purpose for which it is collected or for purposes related to the primary purpose where it would be reasonably expected to be used in such a way.

Third parties may include, but not limited to:

  • related companies;
  • service providers or providers engaged to undertake functions or activities, on our behalf – e.g. processing payment information, managing databases, marketing, research and advertising;
  • host employers;
  • external advisers, e.g. legal advisors, financial institutions, auditors, organisations we support or sponsor; and
  • government or law enforcement agencies.

We take steps to ensure that our service providers are obliged to protect the privacy and security of personal information and use it only for the purpose for which it is disclosed.

  1. Accessing and correcting personal information

You can request access to your personal information held by us, or request that it be corrected, by contacting us.

We take confidentiality of personal information very seriously and details of your personal information may only be passed on to you if we are satisfied that the information relates to you.  If we deny access in some circumstances, we will advise you about the reasons.  We may deny your access where accepted by law, or if your request is frivolous or vexatious.

Fees will not be charged for requesting access to your personal information, but you may be charged for reasonable expenses we incur where we do provide access. 

You may contact us to correct the personal information in which we hold.  We will act on the request within a reasonable period after the request is made.  We will take all reasonable steps to correct that information and ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.

  1. Questions or Complaints

If you have a question about our Privacy Policy or wish to make a complaint about a suspected breach of this Privacy Policy, the Company will consider your complaint within a reasonable timeframe and make contact you to seek to resolve the matter; we may refer your complaint to an internally appointed Privacy Officer.  If we have not responded to you within a reasonable time frame, or if you are not satisfied with the manner in which the company has handled a complaint, a further complaint can be submitted to the Office of the Australian Privacy Commissioner.

Consequences of non-compliance with this policy

Employee failure to comply with the policy may result in consequences outlined in the Disciplinary Policy which may include termination of employment.

Related legislation

  • Privacy Act 1988

Related Documents

  • Disciplinary Policy
  • Consent to Release Information Policy

Policy Review

This policy will be reviewed annually (or more frequently if necessary due to technical or other business policy requirements).  Employees are responsible for keeping up to date with policy terms, including policy revisions, by regularly reviewing Company policies.

Staff Assault by Patient/Client Procedure

Purpose

Supreme Community Care (the Company) is committed to the safety, health and wellbeing of all staff.  This procedure describes the process to be followed for supporting staff assaulted by a patient/client during the course of a home visit.

Scope

This procedure applies to all employees, including:

  • full time, part time, casual, permanent or temporary employees;
  • contract or commission workers;
  • volunteers, vocational and work experience placements.

It applies to all employees whilst:

  • at Company premises;
  • attending work-related interactions with fellow employees, clients, patients, candidates and other stakeholders;
  • fulfilling work-related obligations;
  • at host employer, stakeholder, patient or client premises; and/or
  • at Company sponsored or funded functions or activities, during and/or outside working hours.

Other actions by employees outside working hours may also fall within the scope of this procedure if there is an impact on the employee’s ability and/or suitability to do their job or their actions bring the Company into disrepute.

Procedure

In the event a staff member is assaulted by a patient/client, immediate action should be taken:

  • The Company’s Delegate to be contacted immediately on 1300 911 884  
  • Injured/harmed staff are to be taken to the nearest emergency department, and the relevant Ambulance Service contacted if required. A workplace incident form is to be completed as soon as possible, describing:
    • when and where the incident took place;
    • detailing the nature of the injuries and/or harm caused to the staff member (physical and mental).
    • the attending Doctor is responsible for beginning a Worker’s Compensation claim if required;
  • Provide the staff member with a debrief with a Company delegate and information for the Employee Assistance Program;
  • Provide support to the patient/client involved; and
  • For more serious matters where significant injury to the staff member or where damage to property has occurred, the Police should be contacted to attend with attention taken to preserve any evidence (ie blood spatters, broken furniture etc).

Should the staff member choose to pursue charges against the patient/client who assaulted them, a Company delegate should:

  • help arrange an appointment with the Officer in Charge at the relevant police station;
  • support the staff member (if requested) to attend the Police Station to make a statement

Note: if reporting a staff assault to Police, supportive evidence such as medical reports on injuries, individual notes taken after the incident including the series of events and names of witnesses will assist the Police in proceeding with any charges.

Related Policies and Legislation

Procedural Review

This procedure will be reviewed annually (or more frequently if necessary due to technical or other business policy requirements).  The Company reserves the right to suspend, modify, or withdraw this procedure at any time.  Employees are responsible for keeping up to date with policy terms, including procedure revisions, by regularly reviewing Company policies and procedures.

Justice Process for Complaints of Assault

The following is to be read by any person considering making a complaint of Assault.  This process is designed to aid staff members to understand the police process and following court process that may result from the police investigation.

Should a decision to make an official assault complaint by the staff member, the staff member must attend the police station in person.  A representative of the Company cannot make a complaint on the staff member’s behalf.  In the event that the staff member cannot attend the police station, a Police Officer can be arranged to attend the location of the staff member.

The Police and Court Process will involve:

  • Should the staff member have suffered injuries, the staff member is required to attend a Doctor or emergency department, who will document the staff member’s injuries. The Doctor may be asked to attend court and give evidence about the injuries the staff member had sustained.  The staff member will be required to sign a medical release form to allow police to access the relevant medical records.
  • An appointment time will also have to be arranged for the staff member to attend the police station and have photographs of the injuries sustained. At the same time any damaged or blood-stained clothing should also be taken, and photographs will be taken.  The staff member should also take photographs themselves as soon as practicable after the assault.
  • Police will obtain a detailed statement from the staff member, where specific details of what was said and what occurred during the assault. The staff member’s handwritten statement will be retyped by police and the staff member will be required to sign the statement declaring that all information is true and correct.  If the staff member has stated anything false, the staff member may be liable to prosecution.  This can take up to 2 hours to complete.
  • The staff member will need to provide names, address and contact phone numbers for any witnesses to the event, even if the witness is reluctant to be involved.
  • The staff member will be provided with a crime number and the staff member should ensure they have noted the name of the officer for future contact if required.
  • After the formal complaint and statement has been lodged with a crime number, the file will be detailed to an officer for investigation. It may not be the same officer that attended at the initial complaint time.
  • Police will conduct a full investigation, which will include obtaining statements from the known witnesses. It is beneficial to have the witness statements completed the same day or as soon as practicable.
  • The police will also interview the person the staff member has alleged has assaulted them. Police will also obtain further statements from any witnesses that the alleged offender names.
  • If there is enough evidence, and it is within the public interest standards, the alleged offender could be arrested or given a Notice to Appear before a court. The process could to this point take several weeks.
  • The alleged offender will attend court for a first appearance OR, if there is not enough evidence, the matter will be filed and the staff member will be notified accordingly.
  • If the alleged offender decides to plead guilty at their first appearance, a magistrate will impose a sentence and you will not be required to attend.
  • If the alleged offender pleads Not Guilty, then depending on the severity of the alleged assault, in some cases you may be required to give evidence in a committal hearing in a Magistrates Court and possibly again at a later date before a judge and jury. This includes giving verbal evidence in an open court to support your complaint which may be contested by the alleged offender and his/her legal representative.  This process can take some months.

There are some options that you can take if you are assaulted

  1. If the alleged assault is minor in nature, you may wish not to make a formal complaint. You are still required to complete a workplace incident form and report the incident to a Company representative.  You also should be aware that if you have chosen to not make a complaint to police, you are not eligible for criminal compensation under the Act.
  2. You may complete a workplace incident form, and report to the police and attend the police station as soon as practicable after the alleged assault took place. This option allows you time to recover from any shock or stress associated with the assault and for you to have been examined by a medical practitioner (police will require this information).  If you have visible injuries, you will be able to make an appointment with the police photographer as this time.
  3. In the circumstance you cannot attend a police station, the police can be contacted to arrange for them to attend your location to take the report regarding the alleged assault.

 

  1. Please remember, at all times the decision is the staff member’s to lodge a formal complaint
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