FOI 21.22 0848 Decision Documents Part6.pdf

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1.  Purpose
The content of this document is OFFICIAL. This Practice Guide will support you to
understand sensitivities and things to consider when meeting or having conversations with
the participant using their preferred method of communication.
2.  To be used by
  Plan Developers – Planners and NDIS Partners in the Community (Early Childhood
Partners and Local Area Coordinators [LACs])
3.  Scope
All participants must be supported to communicate in their preferred method in all their
dealings with the National Disability Insurance Agency (NDIA).
3.1  Preferred method of communication
The participant will be supported to communicate in their preferred method of communication
whenever they interact with the NDIA.
A preferred method of communication may be verbal, written or using another supporting
medium and may be required due to:
  hearing loss
  vision loss
  speech impairment
  other related communication impairments:
-  Apraxia of speech
-  Dyspraxia of speech
  other neurological conditions
  language other than English.
The participant notifies the Agency that they would like to change their preferred method of
communication.  This is referred to as an alternate preferred method of communication.
3.2  Considerations when a participant chooses an alternate preferred
method of communication
When the participant has requested an alternate preferred method of communication:
  allow enough time for them to engage confidently in conversations. For example
ensure any communication technologies that the person uses are easily integrated
into the conversation
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  direct your questions to the participant and include them in all discussions using eye
contact
  be respectful of any cultural and linguistic circumstances and be sensitive to their
individual communications needs
  identify if the participant needs assistance to fill in forms. For example do they need
support from informal supports
  do not assume a person who needs support to communicate cannot understand
you.
3.3  Myplace portal electronic format
You should discuss with the participant that they can access electronic versions of their
documents on the myplace portal with the participant. If the participant uses assistive
technology supports (for example screen readers), electronic format may be their preferred
choice. Refer to How to use the myplace portal to show the participant the benefits of the
portal and how to access electronic communications.
3.4  Privacy obligations
In accordance with the Privacy Act 1988 (Cwlth) and the NDIS Act, any emails sent from the
NDIA containing sensitive and personal information must be classified as ‘Sensitive-
Personal’.
Where the NDIA uses an external provider to convert communications into alternate formats,
the external provider is bound by the same privacy rules as the NDIA. There are
confidentially provisions to ensure participant information is handled confidentially at all
times.
4.  Disability related interpreting and translation
supports
There are many factors to consider when determining the level of support the participant may
need in everyday life such as:
  access to family and social networks
  access to early intervention or education
  additional disabilities
  geographic location
  cultural background which may influence the type and severity of barriers for a
person who is deaf, deafblind or hard of hearing.

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4.4  Considerations when arranging interpreting services
4.4.1  Language
In many countries a number of dialects are spoken. For example a person born in Cambodia
may need interpreting assistance in Khmer or any of the languages originating from China.
You need to understand:
  what language the participant identifies as speaking and if this is a language or
dialect
  that a participant’s spoken language may differ greatly from the language they read
  to pre-book interpreting services to ensure the participant’s preferred language
needs are met.
4.4.2  Preparation time
You should allow extra preparation time when pre-booking interpreters so that the interpreter
can meet with you before the participant arrives.
When meeting with the participant and interpreter for the first time, meet thirty minutes before
with the interpreter to discuss relevant material and interactions.
This time helps the interpreter:
  be confident in the topics of conversations to come
  understand that their role does not include providing care or assistance to a person
with a disability.
Before the meeting provide the interpreter with a copy of the NDIA Key Terms Glossary to
read. This is so they can prepare and familiarise themselves with NDIA concepts. This
glossary is available in 11 languages other than English on the NDIS Languages website.
Note: Terms such as ‘Goal’ and ‘Participant’ cannot be directly interpreted into a second
language because they have a specific meaning within the NDIA. Explain this terminology as
you work with the participant, so your explanation can be interpreted.
4.4.3  Bilingual staff
‘Bilingual’ refers to someone who:
  speaks two languages fluently
  has the ability to understand and communicate effectively in two cultural
environments
Note: If an Agency or Partner staff member can speak two languages fluently, they are not
interpreters and should not be asked to work as interpreters.
A bilingual staff member may be engaged to fill ‘simple communication’ gaps. ‘Simple
communication’ must be viewed as communication where the outcome has limited risk for the
person with a language other than English. For example a bilingual staff member may be
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asked to transfer information about a planning meeting such as the meeting time, location
and that a suitable interpreter will be at the planning meeting.
Bilingual staff must not communicate information that is legally binding or that puts the
Agency or the participant at risk. This role should be performed by a certified third party
interpreter.
4.4.4  Family and friends providing interpreting services
There are instances where the participant’s friend or family member may be asked to
interpret ‘simple communication’, such as where and when an appointment has been
scheduled.
To ask the participant’s carer, family member or friend to interpret complex technical and
sensitive information is discouraged. A certified interpreter should be engaged.
Children under the age of 18 years of age are not appropriate interpreters in any context.
4.4.5  Specific interpreter requests
Participants should be given the option to request a specific interpreter. Using a specific
interpreter can:
  maintain quality of care and benefit the participant
  develop a trusting relationship between the participant, the interpreter and yourself.
In small culturally and linguistically diverse (CALD) communities, people may have concerns
around confidentiality and privacy, and may be reluctant to speak through an interpreter from
the same community. This is particularly the case when discussing issues related to
disability, where there are diverse understanding about disability and disabilities are not
openly discussed.
If a specific interpreter is required, capture this information in the participant’s record. Refer to
Guide to Interactions in the NDIS Business System.
4.4.6  Political, religious or cultural sensitivities
Certain political, religious or cultural sensitivities may influence the outcome of an interpreting
situation. To identify the most appropriate interpreter you will need to consider what these
sensitivities. Seek advice from the interpreting service to:
  ensure the most appropriate interpreter for the situation is chosen
  take into account the specific sensitivity and the complexity of the information that
needs to be interpreted.
You will also need to consider the gender of the participant and the interpreter. For example,
if you need to discuss sensitive or personal matters, it is suggested to book a female
interpreter for a female participant and a male interpreter for a male participant.
4.4.7  Type of interpreting service
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legislation, can be written in plain English while maintaining legal accuracy. Plain
English should:
-  focus on the message
-  only use necessary words
-  avoid jargon and complex language.
  Whether the Participant may not read the language they speak. For example, a
person may speak fluent Polish, but not read Polish due to their education taking
place in another country.
  Many spoken languages do not have a written equivalent or have multiple written
equivalents. The participant may only read one of them.
  NDIA terminology may not translate into other languages and cultures without
appropriate context and explanation.
Both English and LOTE versions of the plan must be sent to the participant to allow providers
to read and understand the plan.
Note: If a local arrangement is established you must create a deed of confidentiality with the
provider. To establish a deed of confidentiality please engage with the NDIA Legal Privacy
Team.
10.  Support for participants with a language other than
English at Implementation
Translation and Interpreting Services (TIS) National are contracted with NDIA so registered
providers can book an interpreter on behalf of the participant implementing their plan. The
NDIA funds this service to support participants in understanding their plan, enabling them to
use their funding.  Language Interpreting Services page. Information for how providers can
book NDIA-funded services for plan implementation are on the Language Interpreting
Services for Providers page.
It is important the participant knows it is not their responsibility to book or fund interpreting
services.
Supports may include initial face to face meetings. Other meetings may use the TIS
National’s telephone options if appropriate. Please consider the participant’s needs and use
on site interpreters if communication will be sensitive, complex or a lengthy discussion.
TIS National does not provide access to interpreters of Aboriginal and Torres Strait Islander
languages, therefore providers will need to source interpreters from local sources.
Refer to Standard Operating Procedure – Book translation and interpreter services for the
participant for the relevant TIS National Client Code and to access TIS National interpreters.
10.1  Language other than English Translation and Interpreting Services at
Implementation
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10.1.1 The role of the NDIA plan developer
The NDIA plan developer can support participants who use a primary written language other
than English (LOTE) to implement their supports by:
  printing the participant’s plan in LOTE. The NDIA plan developer can arrange this
through a NAATI translator. If you are unsure who your local office uses for
translation services, refer to your team leader/supervisor for guidance.
  discussing the approved plan with the participant’s LAC, Early Childhood Partner or
their support coordinator so they can proceed with plan implementation.
10.1.2 The role of the plan implementer (LAC, Early Childhood Partner or support
coordinator)
After the NDIA plan developer hands over the plan, the plan implementer supports the
participant by:
  ensuring the participant understands all supports identified in their plan, with
assistance from an interpreter if required
  exploring the capacity of informal and mainstream supports (where available and
appropriate) to assist the participant with implementing their funded supports
  exploring service providers proficient in the participant’s primary language to
support the implementation of their supports. Where there are none available in the
participant’s primary language, the plan implementer must discuss available options
with the participant and together identify an appropriate provider to implement
supports.
  advising registered providers of the NDIA-funded TIS National process they can
registerer for to support participants during plan implementation. Refer to How to
become a client on the TIS National Website.
11.  Supporting material
  NDIS Act 2013
  NDIS Rules
  NDIS Operational Guidelines
12.  Process owner and approver
General Manager, Participant Experience and Design.
13.  Feedback
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