Safe space legal aged care
Safeguarding Experts

Aged Care

The Australian demographic is changing and the cohort of older Australians accessing aged care services is increasing at a rapid rate.  Older Australians are an extremely vulnerable section of society and are at risk of being exposed to significant incidents of abuse and neglect due to their unique needs and reliance on others.  The elderly community often rely on aged care services and organisations to meet their various needs and family members put their trust into these services and organisations, hoping that they will ensure the safety and wellbeing of their loved ones.

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Following the Royal Commission into Aged Care Quality and Safety, there have been significant reforms in the aged care sector, with further reform currently being implemented.  Many of the recommendations aim to improve the quality of care provided to the elderly community and to safeguard them from exposure to harm, abuse and neglect.

Safe Space Legal provides expert legal services to organisations within the aged care sector

Policies and Procedures

Developing safeguarding policies, procedures, codes of conduct and complaints handling processes which are consistent with organisations’ obligations under the law

Compliance

Expert compliance advice in relation to safeguarding

Training

Specialist safeguarding training tailored to the organisation

Audits

Safeguarding policy and implementation audits

Investigations

Expert safeguarding investigations which are trauma informed and procedurally fair

Incident management

Root cause analyses of critical incidents

Frequently asked questions

Safeguarding is the active steps an organisation takes to protect children and vulnerable people from harm to ensure that their wellbeing and safety.  Organisations can safeguard from harm by having appropriate policies and procedures in place which provide safety and security, training staff about risks and identifying harm, and ensuring appropriate and transparent complaints-handling processes for incidents of abuse and harm.

Conducting a Safeguarding Investigation in relation to allegations involving children and vulnerable people requires expert skill and must be trauma informed to avoid any risk of further harm to the alleged victim.  The investigation process involves appointing a suitably qualified investigator to examine all evidence including oral and documentary evidence in order to make factual findings and findings pursuant to any other relevant schemes, including the Reportable Conduct Scheme.  Evidence gathering may include the Investigator reviewing documentation, making information requests for further information, taking photographs, and interviewing witnesses including employees and volunteers, children and family members who may have relevant information to assist in making findings.  A vital component of the process to ensure procedural fairness and natural justice, the Investigator will provide the respondent with particulars of the allegations and invite them to respond to the allegations.

Once the Investigator has gathered evidence and spoken to relevant and available witnesses, and the respondent, an Investigation Report will be drafted.  The Investigation Report will detail all available evidence and the Investigator will analyse and weigh up the evidence to make findings on the balance of probabilities.

Once a report has been completed the report is provided to the organisation so that they can make a determination about any employment outcomes and to comply with any external regulators.  Employment outcomes may include further training, increased supervision and support, other risk mitigation, warnings or terminating the employee from their role.

At Safe Space Legal, we offer a complementary initial half hour consultation where we will discuss your safeguarding needs and how we can best support your organisation to meet those needs.  Being a law firm, our consultations are confidential and subject to legal professional privilege.  At the initial consultation we will get further information from your about your organisation, how it operates, your role in the organisation and what you are needing assistance with.  From there we will develop a Proposal for you to consider prior to undertaking any work, clearly setting out what services we will be undertaking to support your organisation.  W hether it be by reviewing policies and procedures, providing training and support, completing audits, or conducting safeguarding investigations – we will be there to support you every step of the way to ensure that your organisation is legally compliant and best practice leaders in safeguarding.

Safe Space Legal only works with organisations to ensure the organisation complies with their moral and legal safeguarding obligations to keep vulnerable people such as children, people with disability and the elderly safe from harm.  While Safe Space Legal cares greatly about individuals exposed to harm and abuse, our clients are organisations.  If you are an individual that needs help you can contact:

  • In an emergency contact emergency services on Triple “0”: 000
  • Your local police station
  • Child Protection service in your respect state
  • National Disability Abuse and Neglect Hotline: 1800 880 052 or [email protected]
  • NDIS Commission: 1800 035 544 or here
  • Elder Abuse Phone Line: 1800 353 374
  • Aged Care Quality and Safety Commission: 1800 951 822 or here
  • Regulators under the Reportable Conduct Scheme:
    • Strong Families, Safe Kids Tasmania: 1800 000 123
    • Australian Capital Territory Ombudsman: (02) 5119 5520 or [email protected]
    • Western Australia Ombudsman: (08) 9220 7471 or here
    • New South Wales Office of the Children’s Guardian: here
    • Victorian Commission for Children and Young People: 1300 782 978 or here

Contact us for your safeguarding needs

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