Case 35: Woman supported during investigation of injury incurred while in the care of disability service provider

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Parents of a woman supported by a disability service provider noticed that their daughter, Shelly, had bruising around her chin. Shelly’s parents contacted the Disability Services Commissioner which assessed that the complaint related to Shelly’s right under the Charter to protection from cruel, inhuman and degrading treatment. The Commissioner found that the service failed to consider Shelley’s human rights in making decisions that impacted on her quality of life. The Commissioner supported the service to develop an investigation plan and supported Shelly to give her account of what happened. The service provider is now clear about considering human rights of individuals they support and their obligations in reporting incidents.

Source: 2014 Report on the Operation of the Charter of Human Rights and Responsibilities, p. 38.