Key messages
- An incident is any event that threatens the safety or wellbeing of residents or staff at or about an SRS. An SRS must keep a record of all incidents.
- SRS must also notify us of prescribed reportable incidents. These are:
- unexpected death of a resident
- serious injury of a resident
- allegation of sexual or physical assault
- fire or other emergency events.
- Resources are available for SRS proprietors and staff on responding to sexual assault allegations and family violence and abusive behaviour.
Responding to allegations of sexual assault
Together with the Centre Against Sexual Assault (CASA) and the Office of the Public Advocate (OPA), we have developed resources to support SRS staff in responding to allegations of sexual assault.
Defining sexual assault
Sexual assault is any behaviour of a sexual nature that makes someone feel uncomfortable, frightened, intimidated or threatened. It is sexual behaviour that someone has not agreed to, where another person uses physical or emotional force against them.
Sexual assault is never the fault or responsibility of the victim/survivor.
Examples of sexual assault include (but are not limited to):
- unwanted touching
- unwanted, offensive communication including comments or jokes
- sexual harassment
- pressuring someone for sex
- indecent exposure and obscene gestures
- being forced to watch sexual behaviour, including pornography
- rape.
Disclosure
Disclosure means telling another person about an incident or experience of violence. This may be a recent incident, may have occurred in the past or be ongoing.
Responding to a disclosure of sexual assault
Support the resident
Individuals disclose sexual assault because they are seeking support. If a resident discloses a sexual assault to you, use these principles to support them:
- believe the resident
- affirm that the resident has done nothing wrong – it is not their fault
- be supportive, non-judgmental, open and honest
- give accurate information about what will happen next.
Act quickly
- Assess the situation and make sure the environment is safe for affected residents.
- Phone CASA or the Sexual Assault Crisis Line (after hours) on 1800 806 292.
- Report the disclosure to Police by calling Triple Zero 000.
- Advise the Police if the resident/s has difficulty communicating and organise an Independent Third Person (ITP) by calling 1300 309 337.
- Inform the resident’s:
- person nominated or guardian or both
- case manager.
- Ask the resident if they would like a visit from a Community Visitor. If they do, arrange one by calling 1300 309 337.
- Liaise with the service system and the department to determine appropriate accommodation options for the victim/survivor and perpetrator.
Record the incident
An incident record should be filled out every time an event threatens a resident's or staff's safety, including disclosures of sexual assault.
Notify the department
Any allegation of sexual assault is a prescribed reportable incident. It must be reported to the department by the end of the next business day.
Resources and assistance
Department of Families, Fairness and Housing
The department can help you manage disclosure of sexual assault by:
- assisting you in supporting residents
- ensuring you understand and meet your legal responsibilities
- supporting you to develop ways of preventing, identifying and responding to sexual assault.
Centres Against Sexual Assault (CASA)
The CASA in your local area will support residents who have disclosed a sexual assault, including:
- helping the resident decide what they want to do
- supporting the resident during a police report or forensic medical examination
- referral to the CASA counselling service.
For more information, visit CASA.