You work at North Side Disability Services (NSDS) and commenced working as a support provider within Day Programs 3 months ago. NSDS provides a number of services for people aged 21 to 35, of which many are wheelchair bound because of their disability. The Day Program includes swimming activities to Sydney Aquatic Centre (SAC) 3 times a week for a maximum of 4 service users at any one time.

A 25-year-old female Naida a quadriplegic with a speech impairment because of a recent motor vehicle accident. Naida had a limited command of the English language before her accident. Her records inform you that her family was caught in heavy artillery fire when travelling from their home to visit family in Saudi Arabia when the Iraq war first broke out. Her records show that one of her siblings was killed because of this.

The 2^nd service user a 30-year-old male Kyah who after a heavy binge drinking session was found in a life-threatening coma causing major brain trauma that left him severely disabled. Kyah lost the use of his legs, damaged his frontal lobe, and might display behaviours of concerns ranging from an angry outburst to uninhibited sexual behaviour.

You have noticed during Kyah's last attendance to NSDS that he makes a real effort to get Naida's attention and you are becoming a little concerned about the next swimming program activity because, both service users have been given an opportunity to participate in the swimming program at SAC this week. As a result, you and your colleague who provide support during the swimming activity at SAC agreed that Kyah needed to be closely monitored while there, as he was likely to get himself into trouble.

Despite the staff ratio does not allow for 1:1 staff has decided that 1 staff will monitor Kyah for the entire duration of the swimming activity.

Your supervisor had negotiated a special swimsuit for Kyah so that it would be impossible for him to indecently expose himself and cause trauma to unaware other swimmers and you and your colleagues made every effort to talk to Kyah about unacceptable public behaviour.

During the activity, everything seem to go smoothly until about 10 minutes before they were due to leave the pool. Despite the strict supervision and close proximity, supervising staff kept to Kyah, he managed to get less than arm's length away from Naida and could not help himself but had to stroke her breast.

As the staff monitor Kyah attempts to distract him away from Naida, Kyah becomes aggressive swinging his arm and hitting the staff on the face.

Not expecting this, Naida became very upset and started screaming and crying and was inconsolable. It took a long time for everyone to calm her down enough so that staff could assist everyone in getting dressed so that you could go back to the organisation.

Since the situation did not allow you to document the incident with SAC staff, you negotiated to forward them a copy of the report you will have to submit with your supervisor on this matter.

Upon your return to the organisation, you report it immediately to your supervisor, refer to the attached incident report on page 5-7, so that parents, carers and guardians can be informed. Your supervisor agrees with you that you will have to review the procedures for this activity if service users such as Kyah remain active participants during the swimming activity and has asked you to be actively part of this process.

Research Questions related to the case study.

1. What are the legal requirements relevant to the case study?

Candidates must explain what the Legal Requirement for this case study are.

1. What is the Ethical responsibility to ensure the health and empowerment of the services user?

Candidates must explain what the Ethical Responsibility is for this case study. .

1. Use theAustralian Human rights Commissioner (website) for reference and research the following:
   1. What is sexual Harassment?
   2. How would you identify Sexual Harassment in the workplace?
   3. What is the commissioner suggestion of making complaint?

https://www.humanrights.gov.au/

1. Using the compliance Pyramid of the NDIS compliance and enforcement policy,

What are the levels of penalties the NDIS Commissioner takes as a response to non- compliance?

Resources:

https://www.safework.nsw.gov.au/legal-obligations/employer-business-obligations/primary-duty-of-care

https://www.facs.nsw.gov.au/inclusion/disability/dia-for-people-with-disability

https://www.legislation.nsw.gov.au/acts/2014-41.pdf

https://www.ndis.gov.au/about-us/governance/legislation

https://www.citizensadvice.org.uk/law-and-courts/discrimination/protected-characteristics/what-counts-as-disability/

https://law.freeadvice.com/government_law/civil_rights_law_ada/disabled-rights.htm