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Legislative Assembly for the ACT: 2000 Week 3 Hansard (7 March) . . Page.. 611 ..

MR MOORE (continuing):

been involved, as have legal representatives of the young man against whom assault charges were alleged. They have been endeavouring to have the assault charges dropped in view of the significant contribution of the staff members to the incident.

Regional management of the disability program have recognised the benefits of outdoor activities for this particular client group. However, their enthusiasm has failed to incorporate tight planning procedures. Regional management are extremely regretful of this omission and have been counselled accordingly. In spite of the significant benefits that outdoor activities provide for people with behavioural and anger management difficulties, all such excursions have been cancelled pending explicit and stringent guidelines being developed. In future, there will be no alcohol allowed, even when all participants are adults.

A full report of the weekend camp was compiled by Disability Services immediately following the weekend. The two staff members were suspended from duty and an independent and thorough investigation was conducted into the allegations made by the family. The inquiry concluded that the staff mix and the client mix were inappropriate. The inquiry partially exonerated the staff because of their relative immaturity and inexperience. If the staff had been more experienced, the inquiry would have had no hesitation in recommending the termination of their employment.

Following the staff's suspension, they have been counselled and their probation extended. Regional office management have been counselled regarding their oversight in not ensuring that stringent guidelines were in place. Both the staff and the disability program accept responsibility for failings in their respective duty of care. They are most regretful about these events and the impact upon all has been distressing, and for some traumatic. The disability program also regrets the consequences for the client who was within their care and who is now the subject of further court hearings, with a threat of previous bail conditions.

While not condoning the alleged actions of the client, or dismissing his share of responsibility, Disability Services acknowledge that the precipitating factor was the consumption of alcohol, which could have been and should have been avoided. This unfortunate incident has proven to be a difficult balancing act for ACT Community Care. They must balance the needs and rights of the client together with the natural justice rights of the staff.

MR SPEAKER: Before I move to the presentation of papers, I would like to mention that earlier in question time we had a delegation from the Federal Republic of Germany's Bundestag present in the gallery. Unfortunately, they left before I could formally welcome them, but I think it would discourteous of me - - -

Mr Quinlan: Did they rush out?

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