My Commitment to You
Adhering to the National Workplace Health and Safety Act
As a business working in the community, and in client’s private homes, I am solely responsible for managing all WHS obligations, which must comply with the acts and regulations of Tasmania (Work Health and Safety Act 2012).
WHS policies in my business aim to protect myself and others against harm to health, safety, and welfare through minimising risk. They also need to exist to ensure fairness and ethical integrity with clients.
My responsibilities as a business
- Risk Management – identifying, assessing, and controlling all potential hazards and risks at the workplace — this includes work processes and work systems.
- Developing and issuing WHS policies that promote safe practices generally and encourage a ‘safety culture’ at work
- Managing inspections and audits of the workplace, in consultation with appropriate sub-contractors.
Adhering to Common law
I have an underlying common law obligation to protect clients and myself from disease and injury at work. If not adhered to, under common law, it is viewed as negligence.
Adhering to the Privacy Act 1998
I will take all steps to secure personal information. That includes not carelessly storing information.
I will make unsubscribing (or a way a user can remove their personal information) easy and accessible to people who have previously given up information.
Adhering to the Equal Opportunity and Anti-Discrimination Act
As a business, I must adhere to this Act. Tasmanian legislation requires a business to do so and to adopt an Anti-Discrimination policy and/or an Equal Employment Opportunity (EEO) policy.
Adhering to The Competition and Consumer Act 2010
The Act “aims to give businesses a fair and competitive operating environment. It covers anti-competitive conduct, price fixing, unconscionable conduct, and other issues, such as advertising.”
It covers the relationships I have between suppliers, wholesalers, retailers, and customers.
My obligations: –
- Ensuring standard form contracts do not have unfair terms
- Honouring customer guarantees
- Ensuring the safety of products and services
- Complying with rules on sales practices (such as price, customer information, lay-by agreements, and unsolicited customer agreements).
Adhering to the National Disability Insurance Scheme Act
As a business, I must comply with the act and particularly about the Objects of Act (Chapter 1, Part 2—Objects and principles), Chapter 2-Assistance for people with disability and others, Chapter 3-Particpatipants and their plans, and Chapter 4-Administration.
National Disability Insurance Scheme Act 2013 is explained on the National Disability Insurance Website as “There are around 4.3 million Australians who have a disability. Within the next five years, the National Disability Insurance Scheme (NDIS) will provide more than $22 billion in funding a year to an estimated 500,000 Australians with permanent and significant disability. For many people, it will be the first time they receive the disability support they need.
The NDIS can provide all people with disabilities with information and connections to services in their communities such as doctors, sporting clubs, support groups, libraries, and schools and information about what each state and territory government provide support.
NDIS – What does it mean?
- National: The NDIS is being introduced progressively across all states and territories.
- Disability: The NDIS provides support to eligible people with intellectual, physical, sensory, cognitive, and psychosocial disability. Early intervention supports can also be provided for eligible people with disabilities or children with developmental delay.
- Insurance: The NDIS gives all Australians peace of mind if they, their child or loved one is born with, or acquires a permanent and significant disability, they will get the support they need.
- Scheme: The NDIS is not a welfare system. The NDIS is designed to help people get the support they need to improve their skills and independence over time.
NDIS key words
- Permanent and significant disability: A permanent disability means your disability is likely to be lifelong. A significant disability has a substantial impact on your ability to complete everyday activities.
- Supports and services: Assistance or products that help a person in their daily life and help them participate in the community and reach their goals.
- Early intervention: Providing support to a person, either a child or an adult, as early as possible to reduce the impacts of disability or developmental delay and to build their skills and independence.
Adhering to Disability Discrimination Act (Federal)
As a business, I must comply with the Act in particular to the Objects of the Act (Part 1, Section 3b) to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the rest of the community; and (c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community also Part 1, Section 8 is relevant to my business as it covers discrimination in relation to carers, assistants, assistance animals and disability aids (1). This Act applies in relation to having a carer, assistant, assistance animal or disability aid in the same way as it applies in relation to having a disability.
The Human Rights Commission defines the Disability Discrimination Act 1992 as “providing protection for everyone in Australia against discrimination based on disability.
Disability discrimination happens when people with a disability are treated less fairly than people without a disability. Disability discrimination also occurs when people are treated less fairly because they are relatives, friends, carers, co-workers or associates of a person with a disability.”
Adhering to the United Nations Convention on the Rights of Persons with Disabilities (International)
As a business, I must comply with the convention in many areas of its operation, which include
Article 6: Women with disabilities
Countries must take all appropriate measures to ensure that women with disabilities are able to fully enjoy the rights and freedoms set out in the Convention.
Article 7: Children with disabilities
The best interests of the child must be a primary consideration in all actions concerning children with disabilities.
Article 8: Awareness-raising
Countries must raise awareness of the rights, capabilities, and contributions of people with disability.
Article 9: Accessibility
People with disabilities have the right to access all aspects of society on an equal basis with others, including the physical environment, transportation, information and communications, and other facilities and services provided to the public.
Article 10: Right to life
People with disabilities have the right to life. Countries must take all necessary measures to ensure that people with disabilities are able to effectively enjoy this right on an equal basis with others.
Article 11: Situations of risk and humanitarian emergencies
Countries must take all necessary measures to ensure the protection and safety of all people with disabilities in situations of risk, including armed conflict, humanitarian emergencies, and natural disasters.
Article 16: Freedom from exploitation, violence, and abuse
People with disabilities have the right to be protected from all forms of exploitation, violence and abuse, including their gender-based aspects, within and outside the home.
Article 17: Protecting the integrity of the person
Every person with a disability has a right to respect for his or her physical and mental integrity on an equal basis with others.
Article 18: Liberty of movement and nationality
People with disabilities have the right to nationality and liberty of movement.
Article 19: Living independently and being included in the community
People with disabilities have the right to live independently in the community.
Article 20: Personal mobility
Countries must take effective and appropriate measures to ensure personal mobility for people with disabilities in the manner and time of their choice and at an affordable cost.
Article 21: Freedom of expression and opinion, and access to information
People with disabilities have the right to express themselves, including the freedom to give and receive information and ideas through all forms of communication, including through accessible formats and technologies, sign languages, Braille, augmentative and alternative communication, mass media, and all other accessible means of communication.
Article 22: Respect for privacy
People with disabilities have the right to privacy. Information about people with disability, including personal information and information about their health should be protected.
Article 23: Respect for home and the family
People with disabilities have the right to marry and to find a family. Countries must provide effective and appropriate support to people with disabilities in bringing up children and provide alternative care to children with disabilities where the immediate family is unable to care for them.
Article 24: Education
People with disabilities have a right to education without discrimination. Countries must provide reasonable accommodation and individualised support to maximise academic and social development.
Article 25: Health
People with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination.
Article 26: Habitation and rehabilitation
Countries must take effective and appropriate measures to enable people with disabilities to develop, attain and maintain maximum ability, independence, and participation through the provision of habitation and rehabilitation services and programs.
Article 27: Work and employment
People with disabilities have the right to work, including the right to work in an environment that is open, inclusive, and accessible.
Article 28: Adequate standard of living and social protection
People with disabilities have the right to an adequate standard of living including food, water, clothing, and housing, and to effective social protection including poverty reduction and public housing programs.
Article 29: Participation in political and public life
People with disabilities have the right to participate in politics and in public affairs, as well as to vote and to be elected.
Article 30: Participation in cultural life, recreation, leisure and sport
People with disabilities have the right to take part in cultural life on an equal basis with others, including access to cultural materials, performances and services, and to recreational, leisure and sporting activities.