Transcript Slide 1
National Registration campaign: it's time to act Kandie Allen-Kelly Campaign Manager & AASW spokesperson on Registration July - Sept 2012 • AASW has actively pursued statutory regulation of social workers for the past 43 years • NT - only jurisdiction where social work was registered • Self-regulation has had limited success. Australia: 21,000 Social Workers AASW: 7,000 members Worldwide research shows that social work clients continue to be exposed to harm and many countries have now moved to regulate the social work profession. Why is the AASW pursuing statutory regulation of Social workers in Australia? • Registration and accreditation is a means of protecting the public from practitioners who breach ethical standards and enforcing safe and competent practice by requiring all practitioners to meet practice requirements and undertake professional development (cf 60% who currently practice without these requirements) • While a good self regulatory system currently exists within the AASW for managing ethics complaints, this system has severe limitations: – only members who remain members can be investigated through this process and the most severe penalty provided under this system is exclusion from eligibility for membership of the AASW. – The AASW doesn’t have legal powers to investigate – Other legislated authorities can over-rule our processes (recent example) Q. What is the process of registration currently being pursued by the AASW? A: Statutory Registration of social workers under the National registration and Accreditation Scheme (NRAS) Primary purpose - providing protection for clients and greater certainty for employers by ensuring all practitioners are registered. Statutory model of regulation provides •a legally enforceable set of probity, qualification and practice standards for entry into the profession and •maintenance of continuing professional development as a requirement for ongoing registration and accreditation •Dedicated and legally enforceable complaints and disciplinary process. This provides members of the public with greater confidence that a person stating they are a social worker is qualified and conforms to ethical practice. Criteria for professions to be included in NRAS: 1. Is it the responsibility of Health Ministers to regulate social workers? 2. Is there a Significant Risk to the Public? 3. Are current regulatory mechanisms adequately addressing the health and safety of vulnerable clients? 4. Is Australia ready for legislative regulation of Social Workers? 5. Is there support for the regulation of social work? 6. What are the benefits to the public? Is it the responsibility of Health Ministers to regulate social workers or does it fall into the domain of other Ministers? • The AASW contends that all Social Workers in Australia would be best regulated within a single, national health regulatory scheme. • The health sector is the largest employer of social workers in Australia. • Social workers work alongside the regulated health professionals - doctors, nurses, physiotherapists etc. • They work across the continuum of health care in community health, acute inpatient, rehabilitation, health promotion, mental health, end of life (palliative care) services, veterans affairs, aged care, disability services and Indigenous health. • Sectional regulation would allow rogue practitioners to continue to freely take up work in other sectors when complaints are made against them. This currently happens. We don’t want it to continue. • Social work is regulated under the health minister in the UK Do the activities of the occupation pose a significant risk of harm to the health and safety of the public? • The AASW contends that in the absence of a monitoring regime that enforces probity requirements prior to practice, minimum qualifications, professional supervision and practice standards, and a dedicated disciplinary and complaints process, the public cannot be protected from negligent or unethical social work practice. • Social Workers service the most vulnerable people - poor, homeless, refugees, victims of sexual assault, addicts, survivors of domestic violence, people with a disability, people with mental illness - often unemployed or on income support payments. These Australians are least able to protect themselves or seek legal redress from harm eg physical and sexual abuse in government hostels, children in care and religious organisations • Risks to vulnerable clients can be financial, mental and emotional and include: • Abuse of trust – sexual or physical abuse cf sex abuse in Govt hostels etc. • Inadequate assessment – eg resulting in a child at risk not being removed into alternative care • Poor judgment by the social worker who does not recognize the limits of their scope of practice – eg doesn’t refer client to acute psychiatric hospital • Current unrestricted use of the title ‘social worker’ – anyone can call themselves a Social Worker Do the activities of the occupation pose a significant risk of harm to the health and safety of the public? contd • Increase in the outsourcing of social support and health services into unregulated environments - accountability is transferred to an external organization that may not have the resources to implement the safety checks that public organizations do • When harm occurs, it is serious. Breaches of the Code of Ethics recorded over the last three years against AASW members relate to sexual misconduct, inappropriate professional boundaries, not protecting client’s privacy and confidentiality. Overseas evidence where social work is registered confirms this pattern of harm by a minority of workers. Refer to case studies available in e-bulletin. • Changes to Medicare and workforce issues have resulted in a more than tenfold increase in the number of Social Workers in private practice (from 100 to 1200 in 5 years). This creates risks that the government has clearly recognized - they have commissioned AASW to undertake checks for accreditation, post-grad experience, PD etc for Social Workers who seek to be registered under the Better Access program Do existing regulatory and other mechanisms fail to address the health and safety of the public? • The AASW contends that the problem with having assorted mechanisms to provide varying levels of protection is that consumers, even those with the capacity and motivation to complain, do not know where to go. • Failure of self-regulation • Membership of AASW is voluntary • Members subject to a complaint can leave AASW or let membership lapse to avoid investigation • Refusal of membership is the strongest penalty available to AASW • Continuing professional development is voluntary • Failure of consumer laws and regulations • Consumer protection laws do not operate well in the case of health services. • Health complaints commissions are not well-resourced and have proved inconsistent and patchy. • Social work clients are not well resourced to take civil action against a practitioner and research suggests they rarely exercise this option. Is regulation possible for social work? • Is Australia ready for legislative regulation of Social Workers? • The AASW contends that the groundwork for a national social work registration scheme is already in place • Social Work in Australia is a well-defined profession with a 4 year degree program • Social Work skills, techniques and activities are testable and consistent • There is an established Code of Ethics • The AASW has established an accreditation process for all social work programs and a set of practice standards that articulates the minimum expected performance of social workers Is regulation practical for social work? • • • • • • • • • • • • The AASW contends that the practicality for regulation is strong. There is strong support from Social Workers - a recent AASW survey indicated that 89% of members support national registration There is strong support from the sector - several Inquiries have made recommendations for stronger accountability and monitoring of the profession: the 1988-90 Royal Commission (The Chelmsford Inquiry) into Deep Sleep Therapy the 1997 NSW Wood Commission various coronial inquests into the deaths of children the 2008 NSW Special Commission of Inquiry into Child Protection Services the 2010 Northern Territory Board of Inquiry into NT’s Child Protection System the 2012 Victorian Inquiry into Child Protection There is strong support from the public - a recent national survey indicates that 87% of the public assumes that the social work profession is already a registered profession There is a strong professional association to drive change There are more than enough social workers (21,000) to support the costs of regulating the profession - more than most other registered professions including chiropractors, occupational therapists, medical radiation practitioners and podiatrists Do the benefits of regulation outweigh the costs? • Benefits to the public • There is strong evidence to suggest that members of the public have been subject to improper practice by qualified social workers over and over again • Existing legislation is fragmented and inconsistent, making it difficult for consumers to understand their rights and choices • The long-term savings in protecting and caring for vulnerable Australians will outweigh the costs of harm. Eg sexual and physical abuse Other facts • Many countries have recognised the dangers and moved to regulate social work including the US & Canada and more recently Ireland, the UK and New Zealand. • Australia is now out of step with comparable countries and many developing countries have regulated social work eg Brazil, Argentina, Uruguay and most recently Bahrain. What is registration about & what will it mean? FAQs FREQUENTLY ASKED QUESTIONS • Will registration improve the professional standing of Social Work and lead to better pay and conditions? • Why is the process of gaining registration taking so long? • What is the relationship between registration and accreditation? • Will the AASW control registration of social workers? • Will registration be included in the cost of my membership of the AASW? • How might registration impact on the AASW? Will registration improve the professional standing of Social Work and lead to better pay and conditions? • Registration may have the secondary benefit of increasing the confidence of employers and consumers in the professions because there are legally enforceable standards in place. • It is highly unlikely registration will have any impact on pay rates cf in NSW a allied health award applies to all allied health professions in the public sector • There is no difference between the pay rates of registered as opposed to unregistered professions. • Politicians will not support registration if they perceive that professional self interest not consumer protection is a motivating factor behind representations made to them Difference between registration and accreditation • If social work is included in NRAS a Board will be appointed which will be responsible for probity requirements, accreditation of entry level qualifications and practice requirements including standards, currency of practice, a code of conduct, and CPD requirements for re registration. • Complaints and disciplinary processes. • All Social workers including students would be required to register prior to practice. Will the AASW have any control over the Board? • No the AASW as the national professional membership body may have an advisory role but would have no direct in put into Board decision making • Ultimate control would be vested in a Ministerially appointed Board which may have non social work members. Cost of registration and effect on AASW • What will be the cost of registration? • Registration fees will be totally separate from AASW fees and be somewhere around the current AASW fee, maybe slightly less. • This may result in a drop in membership for the AASW. The association will need to reposition itself within a regulated environment by focusing on other services to members such as CPD/advocacy. Alison Xamon’s motion in Legislative Council calling for inclusion of social work in NRAS • Alison Xamon MLC is the Greens upper house member for East Metropolitan and is their spokesperson on human services. • Following the SWOTY awards last year in which Joe Calleja called for the registration of social work, Alison tabled a motion in the upper house calling for inclusion of social work in NRAS. • Motion due for debate in October or November this year and has the benefit of making the parties make their views known on the issue. • We will be working with Alison to try and have them support the motion. Other action to date in WA • WA Registration Committee with Margaret Stockton Convenor up until a few years ago. Since meeting on ad hoc basis. • Sabina Leitmann and I commenced stakeholder consultation last year then put on hold as no convenor for NRC or staff in National office. Resumed in June with appointment of project officer and Taskforce. • The Vice Chancellors of UWA and Curtin wrote letters in Nov and Feb to Minister Hames calling for inclusion of social work in NRAS following lobbying through the respective social work departments. • Letter to Commissioner for Children and Young people Michelle Scott in Nov requesting support. Not able to lobby on our behalf due to non partisan requirements of her position. • Met with WACOSS CEO Irina Cattalini in Dec who was happy to take it up with her Board and ACOSS. Politics of campaign • Registration fatigue – based on cost and complexity of registration ten initial, four new professions, little political appetite for more until at least 2014/15. • Many of remaining smaller unregistered professions all cueing up for NRAS – Ministers may see authorised self regulation as the answer…down the track. • Liberals less likely to support registration at state or federal level. • Federal Minister Plibersek supportive and ? State labour colleagues Tas, SA and NT…. • Labour on the wane... at state and federal level. • Need to try and use political pressure to get inclusion on the table ASAP. • Our case is good … remember governments have seen fit to regulate a HUGE range of occupations and professions including builders, plumbers and most recently tax agents. It seems that governments value buildings, sewage and finances more than the victims of rogue social workers ie our precious children, the elderly and the vulnerable in our community. CAMPAIGN TIMELINE 18th June to 10th September KEY DATE 10TH AUGUST Target - Australian Health Ministers Committee aka Standing Council on Health meeting 10th August 2012 Focus – All health ministers Purpose – convince them to vote in favour of considering social work registration as part of the review of NRAS or commitment to a regulatory impact statement (consensus) Current campaign focus and plan How can individuals assist in the process of gaining registration? • MPs, greens and independents – target them as we want them to sway their state ministers that it is a well supported issue and to vote for it. • Consumers – need for case studies and people able to tell their story • Media – local media will most likely grab – what does it mean to the public? • Facebook and LinkedIn users – create new status, postings, encourage ‘friends’ to do same. Current campaign focus and plan How can individuals & branches assist in the process of gaining registration? •Create badges or stickers and wear them with pride •Facilitate work forums to get support •Ask your employer to write a letter of support to the Minister for Health & AASW (not advisable for health department employees but do discuss it with them) •Facilitate others writing support letters / memos •Public petition – create, gather signatures & send to minister •Day of Action - Attend parliament as a group on Legislative Assembly sitting days 7th – 9th August (prior to Ministers meeting on 10th) to meet with members’ local MP’s, create a presence in public areas of parliament etc. Wear Tshirts, hand out briefings.. Resources on AASW website • Submission to Health Ministers ‘Protecting the Health and Well being of Australians’ Oct 2011 outlining social work case for inclusion in NRAS • Briefing paper for MP’s, Ministers • Template letters for Ministers, employers etc • FAQ’s • Lobbying tips…Fact sheet and Youtube video from politician. Please read. • Links to state and federal parliamentary sites to find out details of your local members, ministers etc. • Recording sheet to record letters/answers • Media releases • Case examples of ethics breaches in Australia and registration breaches overseas Political strategy • MP’s more likely to listen to local constituents. Therefore… • Write to local MP’s urging them to write to Minister Hames to support inclusion of social work in NRAS by August 10th meeting of health ministers. Personalise the template letter with your own experience/examples for registration. • Write to your upper house members as well as there are more of them, they are across parties and Alison’s motion will be debated in the upper house. • Write to Minister Hames by August 10th • Write to relevant human services ministers eg Ministers Morton and McSweeney especially if you are in their upper house electorates of East Metropolitan and the South West Region…see maps. • We will continue lobbying until Alison’s motion is debated. Any other ideas? Any further questions? For more information Visit: www.aasw.asn.au EMAIL: [email protected]