May 19, 2025 • 10 mins
Sam speaks with Victorian disability worker commissioner, Dan Stubbs, about their campaign to promote mandatory notifications to the commission.
These notifications help make the VDWC aware of potential risks to people who use disability services, so they can better prevent and protect people with disability from harm.
You can also find out more about the campaign by heading to the VDWC's webinar on May 28.
For info about the webinar head to info@vdwc.vic.gov.au or give the VDWC a call on 1800 497 132.
See omnystudio.com/listener for privacy information.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
S1 (00:05):
Dan, welcome back to Talking Vision. Thank you very much
for your time.
S2 (00:10):
Great to be here. Thanks, Sam. Really pleased to have
a chat.
S1 (00:12):
Now. Firstly, Dan, can you explain the role of the
commission and what you do?
S2 (00:18):
Sure. Sam. So the Victorian Disability Worker Commission is the
only regulator like it in Australia. We regulate all disability
workers in Victoria. And really that's any support worker or
practitioner working with people with disabilities to support them in
relation to barriers created by their disability. It's a pretty
(00:39):
broad definition, and the overall objective is to promote and
provide for a safer, stronger disability sector in Victoria. And
we do that by a range of functions, including promoting
a code of conduct, accepting complaints from anybody and receiving
(00:59):
mandatory notifications from key people.
S1 (01:03):
And Dan, I understand you're conducting a new campaign to
encourage disability providers and workers to notify the BWC of
conduct by disability workers that may put the people they
support at risk. So could you explain a little bit
more about this?
S2 (01:24):
Sure. So this is all about us making sure that
disability workers so people anyone working in the disability sector
and disability service providers. So employers of disability workers who
provide disability services know that they have an obligation to
notify us of certain types of conduct. And that's conduct
(01:44):
that puts people with disability at risk of harm. And
so the key aspect of that for people to remember
is if they have a reasonable belief of anyone with
a disability being put at risk of harm by their
disability worker, then we need to be told about that
by either the service provider or another disability worker who
(02:05):
becomes aware of that.
S1 (02:06):
And following on from that, Dan, why do you believe
it's important that disability workers and their employers notify the VDC?
S2 (02:17):
There's a few reasons. And the primary reason is because
often people with disabilities are in a vulnerable situation when
they are relying on disability workers to provide assistance to
them in the wide range of ways that we get
support from disability workers and practitioners. The other reason that
I think is really important is that often people with
(02:38):
disabilities themselves. So when we're using disability services, it's a
big ask to require that the person with disability make
the complaint to us. You know, I think it's the
hardest thing we can ever ask anyone with a disability
or their family to do and that make a complaint
about their support worker. We really need to see service
(03:01):
providers or other disability workers calling out risky conduct. And
the ultimate purpose, again, is to make sure that people
with disabilities are safe when receiving disability services.
S1 (03:13):
Does this apply to services to older people?
S2 (03:17):
Dan Yeah, good question. Sam. It does. Because the Disability
Worker Commission covers people working in disability, regardless of the
age of the people disability. And there's many older people
in places like aged care settings or even in their
own home where they're receiving my aged care type services.
(03:38):
They're usually receiving those kind of services because they have
a disability. It might be an age related disability, but
they are still receiving disability. So it doesn't matter what
age someone is, it's about the fact that they're receiving
a service in relation to their disability.
S1 (03:55):
Could you give examples of some types of conduct that
absolutely must be notified to the Commission, the sort of
things they're looking to be aware of and stamp out?
S2 (04:07):
There are four general categories that we require people to
notify us of risky conduct. There's the situation where a
worker is intoxicated by drugs or alcohol when working as
a disability worker. The second one is when a disability
worker has engaged in sexual misconduct while working. There's the
(04:28):
situation where a disability worker has an impairment that puts
a person with disability at risk of harm when they're practicing. Now,
I just want to clarify. That doesn't mean that someone
with a disability can't be a worker. It's very much
about if that impairment puts someone at risk of harm.
And the final one and the one where we deal
(04:50):
with a lot. It's where a disability worker has departed
from acceptable professional standards in the delivery of their disability service.
And that's a fairly broad definition. But really, I really
want people to concentrate on a disability worker putting someone
with disability at risk of harm. That's the key criteria
(05:11):
that overlays all of those areas of conduct.
S1 (05:15):
When should a disability service provider or a worker make
a notification?
S2 (05:21):
The key driver for that is when another worker or
the service provider has a reasonable belief that a disability
worker has put a person with disability at risk of harm.
S1 (05:32):
Dan, I noticed you mentioned reasonable belief in there. Could
you expand on that a bit?
S2 (05:37):
Reasonable belief is if someone has some sort of direct
knowledge of the risky conduct that a worker is engaged in,
so it's not going to be when someone maybe has
a suspicion, but they don't also need to have seen
the conduct. They can reasonably believe it because they had
it reported directly to them by someone who witnessed it.
(05:58):
So it's more than just a suspicion, but it doesn't
mean you have to have direct evidence of that conduct.
S1 (06:05):
Do disability service providers and workers still have to notify
the VDS if they have reported it to the NDIS
Quality and Safeguards Commission?
S2 (06:15):
Yeah. One of the things about Victoria is that we
have this scheme that regulates all disability workers across all
types of funding. And yes, some disability workers are funded
by the NDIS, some are funded in the aged care
setting and some are funded in other places like education
and health. We do require all types of conduct that
(06:36):
put people with disability at risk of harm to be
notified to us, particularly by service providers. It's really important
that they let us know. Sometimes service providers will finish
someone up or let them go if they are unhappy
with their conduct. We want to be able to make
sure that worker doesn't just go and act in the
same way, with the same risky conduct at another service provider.
(06:58):
And when we do receive these notifications, we are obliged
to let the NDIS Quality and Safeguards Commission know about something.
So anyone notifying us can feel confident that once they've
told us if it is a matter, if it is
an area of service that is funded by the NDIS,
then they can be confident that the NDIS Commission will
be notified by us to.
S1 (07:20):
What is your message to our listeners regarding mandatory notifications?
S2 (07:25):
I think the key thing is I know listeners will
be users of disability services in different way, and I
think people need to feel confident that if they use
the services of any disability support worker, they are being
held to a standard in Victoria where they have to
be notified about if they are putting someone at risk
of harm. And I think it's also important that if
(07:48):
you experience the sort of conduct by a disability support
worker that you feel has put you at risk of harm,
you can let the service provider know and they will
have to tell us. And I think that's really important.
You don't need to necessarily do much more than that.
S1 (08:02):
What's your message to disability service providers regarding their workers
and mandatory notifications?
S2 (08:11):
It's really important that service providers recognise that it's a
lawful obligation, that they notify us of unsafe conduct by
any disability support worker, and they should also make sure
that the workers who they employ are qualified and capable
and operate to a certain standard and know their obligations
(08:31):
to report certain types of conduct, know how to report
that conduct to us, and probably most importantly, feel supported
by their employer to notify them and us of concerns
they have.
S1 (08:45):
On Li Dan, how can anyone find more information about
mandatory notifications or the VW C more broadly?
S2 (08:54):
First of all, I just want to let everyone know
that in a few weeks time, we're holding a webinar
for anyone interested. That's later in May. We're holding that
webinar and people can log into that or see a
recorded version on our website, and that will set out
all the information anyone needs to know about making a notification.
People can go to our website, which is simply VW.
(09:19):
We're pretty easy to find on the internet by just
googling us, the Disability Worker Commission in Victoria. And if
there's any workers out there or service providers and they
believe there has been the sort of conduct they need
to notify us of. But you're not sure? Let us
know and we'll talk you through that. Our intake staff
are people who are very experienced in the disability sector,
(09:41):
and we can talk people through what that is. And
if people with disabilities want to let us know about
poor quality services or the type of services that they
think is putting them at risk of harm, they can
also call us directly and we can deal with that
directly with them as well. So please don't hesitate to
give us a call and talk us through any matter
that you're concerned about with your disability worker.
S1 (10:03):
I've been speaking today with Victoria Disability Worker Commissioner Dan
Stubbs about the latest campaign. The commission is currently running
to inform people about mandatory notifications and give greater awareness
for the rights of people with disabilities.
Dan, welcome back to Talking Vision. Thank you very much
for your time.
S2 (00:10):
Great to be here. Thanks, Sam. Really pleased to have
a chat.
S1 (00:12):
Now. Firstly, Dan, can you explain the role of the
commission and what you do?
S2 (00:18):
Sure. Sam. So the Victorian Disability Worker Commission is the
only regulator like it in Australia. We regulate all disability
workers in Victoria. And really that's any support worker or
practitioner working with people with disabilities to support them in
relation to barriers created by their disability. It's a pretty
(00:39):
broad definition, and the overall objective is to promote and
provide for a safer, stronger disability sector in Victoria. And
we do that by a range of functions, including promoting
a code of conduct, accepting complaints from anybody and receiving
(00:59):
mandatory notifications from key people.
S1 (01:03):
And Dan, I understand you're conducting a new campaign to
encourage disability providers and workers to notify the BWC of
conduct by disability workers that may put the people they
support at risk. So could you explain a little bit
more about this?
S2 (01:24):
Sure. So this is all about us making sure that
disability workers so people anyone working in the disability sector
and disability service providers. So employers of disability workers who
provide disability services know that they have an obligation to
notify us of certain types of conduct. And that's conduct
(01:44):
that puts people with disability at risk of harm. And
so the key aspect of that for people to remember
is if they have a reasonable belief of anyone with
a disability being put at risk of harm by their
disability worker, then we need to be told about that
by either the service provider or another disability worker who
(02:05):
becomes aware of that.
S1 (02:06):
And following on from that, Dan, why do you believe
it's important that disability workers and their employers notify the VDC?
S2 (02:17):
There's a few reasons. And the primary reason is because
often people with disabilities are in a vulnerable situation when
they are relying on disability workers to provide assistance to
them in the wide range of ways that we get
support from disability workers and practitioners. The other reason that
I think is really important is that often people with
(02:38):
disabilities themselves. So when we're using disability services, it's a
big ask to require that the person with disability make
the complaint to us. You know, I think it's the
hardest thing we can ever ask anyone with a disability
or their family to do and that make a complaint
about their support worker. We really need to see service
(03:01):
providers or other disability workers calling out risky conduct. And
the ultimate purpose, again, is to make sure that people
with disabilities are safe when receiving disability services.
S1 (03:13):
Does this apply to services to older people?
S2 (03:17):
Dan Yeah, good question. Sam. It does. Because the Disability
Worker Commission covers people working in disability, regardless of the
age of the people disability. And there's many older people
in places like aged care settings or even in their
own home where they're receiving my aged care type services.
(03:38):
They're usually receiving those kind of services because they have
a disability. It might be an age related disability, but
they are still receiving disability. So it doesn't matter what
age someone is, it's about the fact that they're receiving
a service in relation to their disability.
S1 (03:55):
Could you give examples of some types of conduct that
absolutely must be notified to the Commission, the sort of
things they're looking to be aware of and stamp out?
S2 (04:07):
There are four general categories that we require people to
notify us of risky conduct. There's the situation where a
worker is intoxicated by drugs or alcohol when working as
a disability worker. The second one is when a disability
worker has engaged in sexual misconduct while working. There's the
(04:28):
situation where a disability worker has an impairment that puts
a person with disability at risk of harm when they're practicing. Now,
I just want to clarify. That doesn't mean that someone
with a disability can't be a worker. It's very much
about if that impairment puts someone at risk of harm.
And the final one and the one where we deal
(04:50):
with a lot. It's where a disability worker has departed
from acceptable professional standards in the delivery of their disability service.
And that's a fairly broad definition. But really, I really
want people to concentrate on a disability worker putting someone
with disability at risk of harm. That's the key criteria
(05:11):
that overlays all of those areas of conduct.
S1 (05:15):
When should a disability service provider or a worker make
a notification?
S2 (05:21):
The key driver for that is when another worker or
the service provider has a reasonable belief that a disability
worker has put a person with disability at risk of harm.
S1 (05:32):
Dan, I noticed you mentioned reasonable belief in there. Could
you expand on that a bit?
S2 (05:37):
Reasonable belief is if someone has some sort of direct
knowledge of the risky conduct that a worker is engaged in,
so it's not going to be when someone maybe has
a suspicion, but they don't also need to have seen
the conduct. They can reasonably believe it because they had
it reported directly to them by someone who witnessed it.
(05:58):
So it's more than just a suspicion, but it doesn't
mean you have to have direct evidence of that conduct.
S1 (06:05):
Do disability service providers and workers still have to notify
the VDS if they have reported it to the NDIS
Quality and Safeguards Commission?
S2 (06:15):
Yeah. One of the things about Victoria is that we
have this scheme that regulates all disability workers across all
types of funding. And yes, some disability workers are funded
by the NDIS, some are funded in the aged care
setting and some are funded in other places like education
and health. We do require all types of conduct that
(06:36):
put people with disability at risk of harm to be
notified to us, particularly by service providers. It's really important
that they let us know. Sometimes service providers will finish
someone up or let them go if they are unhappy
with their conduct. We want to be able to make
sure that worker doesn't just go and act in the
same way, with the same risky conduct at another service provider.
(06:58):
And when we do receive these notifications, we are obliged
to let the NDIS Quality and Safeguards Commission know about something.
So anyone notifying us can feel confident that once they've
told us if it is a matter, if it is
an area of service that is funded by the NDIS,
then they can be confident that the NDIS Commission will
be notified by us to.
S1 (07:20):
What is your message to our listeners regarding mandatory notifications?
S2 (07:25):
I think the key thing is I know listeners will
be users of disability services in different way, and I
think people need to feel confident that if they use
the services of any disability support worker, they are being
held to a standard in Victoria where they have to
be notified about if they are putting someone at risk
of harm. And I think it's also important that if
(07:48):
you experience the sort of conduct by a disability support
worker that you feel has put you at risk of harm,
you can let the service provider know and they will
have to tell us. And I think that's really important.
You don't need to necessarily do much more than that.
S1 (08:02):
What's your message to disability service providers regarding their workers
and mandatory notifications?
S2 (08:11):
It's really important that service providers recognise that it's a
lawful obligation, that they notify us of unsafe conduct by
any disability support worker, and they should also make sure
that the workers who they employ are qualified and capable
and operate to a certain standard and know their obligations
(08:31):
to report certain types of conduct, know how to report
that conduct to us, and probably most importantly, feel supported
by their employer to notify them and us of concerns
they have.
S1 (08:45):
On Li Dan, how can anyone find more information about
mandatory notifications or the VW C more broadly?
S2 (08:54):
First of all, I just want to let everyone know
that in a few weeks time, we're holding a webinar
for anyone interested. That's later in May. We're holding that
webinar and people can log into that or see a
recorded version on our website, and that will set out
all the information anyone needs to know about making a notification.
People can go to our website, which is simply VW.
(09:19):
We're pretty easy to find on the internet by just
googling us, the Disability Worker Commission in Victoria. And if
there's any workers out there or service providers and they
believe there has been the sort of conduct they need
to notify us of. But you're not sure? Let us
know and we'll talk you through that. Our intake staff
are people who are very experienced in the disability sector,
(09:41):
and we can talk people through what that is. And
if people with disabilities want to let us know about
poor quality services or the type of services that they
think is putting them at risk of harm, they can
also call us directly and we can deal with that
directly with them as well. So please don't hesitate to
give us a call and talk us through any matter
that you're concerned about with your disability worker.
S1 (10:03):
I've been speaking today with Victoria Disability Worker Commissioner Dan
Stubbs about the latest campaign. The commission is currently running
to inform people about mandatory notifications and give greater awareness
for the rights of people with disabilities.
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