LISA... is a parent support and lobby group, for parents and families with a family member having an intellectual or multiple disability, and living in a supported accommodation group home in the State of Victoria, Australia.
Department of Human Services, Victoria
Disability Worker Exclusion Scheme (DWES)
- Protect people with a disability from abuse
- Exclude from employment unsuitable workers
- Disability residential services' workers who pose a risk to safety/ well-being of
- Following evaluation, consideration will be given to extension to other disability
services, such as day services.
- Part of program of work to develop a more comprehensive and integrated approach to safeguarding vulnerable people accessing human services.
- Will operate within existing legislative framework‑ Disability Act 2006, Occupational Health & Safety Act 2004
- Amendments to departmental service agreements, policy frameworks and instructions.
- Workers may be placed on exclusion list following completion of investigation or industrial processes ‑which have led to termination.
- Workers who resign prior to completion of an investigation may be included
- Workers will be placed on provisional list during investigation process (where a person has been stood down or removed from direct client support).
Disability Worker Exclusion List (DWEL)
Draft Criteria‑ 19/8/14
The proposed criteria for the DWEL are broad and will include some discretionary capacity. The proposed criteria are:
- where a person has been found guilty of any criminal offence, regardless of whether they are imprisoned, which:
involves bodily harm.
involves violence or threats of violence
is of a sexual nature.
involves dishonesty, or
involves neglect of a person in their care.
- where a person's employment has previously been terminated for conduct which includes abusing a client, sexual misconduct with a client or otherwise placing a client at risk of serious harm, including where such conduct occurred in an area outside disability services, for example in a school or a nursing home, regardless of whether there was a criminal prosecution.
- where a person has been the subject of a workplace investigation because of an allegation relating to conduct failing within first two dot points above, but has resigned before that investigation has been concluded, or
- where there are reasonable grounds to consider that the engagement of the person in a direct support role would represent a risk to the health, safety or welfare of a client, which may include circumstances such as where a person has been found of an offence which does not fall within the first dot point
- Fourth dot point ‑still under consideration
A person only needs to fall within one of the above criteria to be considered for placement
on the list.
*Not all workers who meet the criteria will be placed on the list
- The DWES will be managed through the establishment of a central DWES Unit in the People & Culture Branch of the department.
- The functions of the DWES Unit will include:
- management of all referrals
- assessing and determining placement of workers on the exclusion list
- administering reviews of a decision to include a person on the exclusion list
- supporting the implementation and operation of the scheme, and
- establishing and managing the information system for the scheme.
- A person can make a submission to the Director of the DWES Unit about the decision to place a person on the exclusion list (within 30 days‑ timeline is under consideration ) The final decision of the Director of the DWES Unit is reviewable by a Deputy Secretary from another area of the department. In addition, the unit will have a role in capacity building with disability service providers to strengthen pre‑employment & investigation processes.
Before 29 September ‑ Draft
- Policy instruction will be released
- Letter to community sector organisations:
* To advise of change's to service agreement information kit
, Initial advice regarding compiling the exclusion list
-notify of all terminations for past two years for criminal
convictions (within DWES criteria) organisation wants to provide.
-other notifications can be provided if organisation‑ for provision of
To request "authorisations" for the organisation- for provision of
- Resource kit will be released‑ provides information including:
• Suggested wording regarding job applications
• Employment contract
* Future deeds of release
Working through issues
Will be released as addendum to policy instruction
- Establishment of DWES Unit, operations & processes etc
From 29 September
Four points of contact with DWES Unit:
- Pre‑employment check of applicants against DWES exclusion list prior to
- applicants who are being considered for positions.
2.Notification during pre‑employment screening
- Pre‑employment screening discloses previous termination/conviction.
3.Notification of investigation
- A person has been stood down 1 suspended / no direct client contact
- Formal investigation commenced
- Within 5 working days of the delegate being made aware of the investigation (Draft‑ to be confirmed)
4.0utcorne of investigation