Emma Turner, Special Counsel of Russell Kennedy presented on the legal implications of a failure to handle instances of abuse effectively.

1. Abuse issues in the Not For
Profit sector:
Handling and Prevention
Emma Turner, Special Counsel
25 November 2015

2. > Abuse or mistreatment is any
behaviour that is unwanted, hurtful,
inappropriate, neglectful, frightening,
insulting, or demeaning.
> It includes physical, sexual, verbal,
emotional or financial mistreatment by
anyone in a ‘helping’ or caregiving role.
What is abuse?

3. > Legal risks
> Operational risks
> Financial risks
> Reputational risks
> Strategic risks
Why focus on abuse?
3

4. > ‘Ashamed’ Salvation Army paid $15m to child sex
abuse victims
> The Australian, April 11 2013
> Salvation Army admits abuse of boys is its greatest
failure
> The Australian, June 23 2014
> Sex abuse has brought disgrace and shame on
Salvation Army
> The Australian, Feb 7 2014
Case Study – Salvation Army – Royal
Commission Inquiry into Institutional
Responses to Child Sexual Abuse
4

5. > Abusive and corrupt staff employed by Yooralla
despite warnings, leaked documents and whistle-
blowers claim
> The Age, Mon Nov 24, 2014
> Yooralla claims spark second lawsuit
> The Age, Sun Jan 18, 2015
> Yooralla chief executive Sanjib Roy quits after
damning revelations of sexual abuse in disability
services provider
> The Age, Mon Nov 24, 2014
Case Study - Yooralla – Sexual Abuse
perpetrated by Residential Support
Worker, Jimmy Kumar
5

6. > Abuse rife in the Victorian Disability Sector
> Nearly half of DSP employees have witnessed co-
workers perpetrate abuse against clients
> Reported fear of reprisal for whistleblowing
> Normalising of behaviours and certain level of
acquiescence to poor quality of care
Case study – HACSU survey
of 500 DSP workers
6

7. > Contractual / funding requirements
> Regulatory / mandatory reporting
> Litigation – breach of duty of care
> Formal complaints mechanisms
> Regulator scrutiny / enforcement
What are your Legal Risks?
7

8. > Policies
> Systems – operational and governance
> Culture
> Workforce development through – knowledge,
training and accountability
> Person-centred and restorative approaches
needed
What have we learnt?
8

9. > Does your organisation:
> have a zero tolerance approach to abuse?
> have a policy and procedure for responding to
allegations of abuse?
> undertake effective screening of staff and volunteers?
> have systems for, and a culture of, effectively
managing inappropriate behaviours?
Self-rating health checklist for
your organisation – examine
your legal exposure
9

10. > Does your organisation:
> run regular compulsory training for staff on
appropriate workplace behaviours and professional
boundaries?
> have systems to report and monitor behaviours of
concern and escalation protocols?
> are your frontline staff, supervisors and managers
capable of identifying signs of abuse?
> encourage staff, clients and their families to raise
concerns/report abuse without fear of reprisal?
Self-rating health checklist for
your organisation cont.
10

11. Did you answer no or
unsure to any of the items in
the checklist?

12. > But it will…
> put your organisation in a strong
position to mitigate the risk of abuse,
> effectively respond to allegations,
> minimise any legal, financial and
reputational fall out.
An effective risk management
framework won’t eliminate all
legal risks

13. 13
QUESTIONS

14. The information contained in this
presentation is intended as general
commentary and should not be regarded as
legal advice. Should you require specific
advice on the topics or areas discussed
please contact the presenter directly.
Disclaimer
14

15. 15
Emma Turner
Special Counsel
Telephone: 0439 523 193
Email: eturner@rk.com.au

16. Level 12, 469 La Trobe Street, Melbourne, VIC 3000 P: +61 3 9609 1555
Level 8, 28 University Avenue, Canberra, ACT 2601 P: +61 2 6171 9900
Liability limited by a scheme approved under Professional Standards Legislation