Code Of Conduct

1 Introduction

This Code of Conduct applies to all Providers and Users who provide or receive services through the Mobility Platform (Platform). It outlines the behaviour and conduct expected of all parties.

In this Code of Conduct, unless an alternative definition is provided, words and expressions have the same meaning as are respectively assigned to them in the Mobility Terms of Use.

2 Code of Conduct for everyone

All Users and Providers registered on the Platform must:

2.1 Respect

All Users and Providers registered on the Platform must:

(a) Act with respect for individual rights to freedom of expression, self-determination and decision-making in accordance with applicable laws and conventions. Every person is to be treated with respect and dignity. This extends to the family members and representatives of Users and Providers; and

(b) Provide and receive care and support in a way that is sensitive to the culture, religion and background of the other party and their family members or representatives. Care and support should be conducted in a safe and ethical manner, free from discrimination, harassment, abuse and exploitation.

2.2 Integrity and honesty

All Users and Providers registered on the Platform must act at all times in all dealings with integrity and honesty. You must be transparent about your capability and competency and any conditions you may have that affect services booked through the Platform.

2.3 Sexual harassment and misconduct

(a) All Users and Providers registered on the Platform must not engage in any form of sexual misconduct.

(b) Sexual misconduct includes unwelcome conduct of a sexual nature, which makes a person feel offended, humiliated or intimidated. Conduct can amount to sexual harassment even if the person did not intend to offend, humiliate or intimidate the other person. However, conduct will not be sexual harassment if a reasonable person, having regard to all the circumstances, would not have anticipated that the conduct would offend, humiliate or intimidate the other person.

(c) Examples of sexual harassment include, but are not limited to:

(i) Physical contact such as pinching, touching, grabbing, kissing or hugging

(ii) Staring or leering at a person or at parts of their body;

(iii) Sexual jokes or comments;

(iv) Requests for sexual favours;

(v) Sexually explicit conversations;

(vi) Displays of offensive material such as posters, screen savers, internet material etc… or

(vii) Suggestive comments about a person’s body or appearance.

2.4 Abuse and assault

Mobility has a zero tolerance policy to abuse and violence. All Users and Providers must:

(a) Not assault, harass or intimidate any other User or Provider;

(b) Report any abuse or violence to the relevant authority as soon as you are aware of them; and

(c) Not deliberately or negligently expose any other User or Provider to a risk of physical, psychological or other harm.

2.5 Health and safety

All Users and Providers registered on the Platform must:

(a) Always act with due diligence in regard to the health, safety and wellbeing of the User or the Provider’s own health and safety, and to maintain best efforts to provide a working environment where the services can be delivered safely;

(b) Report any concerns regarding the health and safety of another User or Provider immediately to the Platform (through the Internal Dispute Procedure) or the elected contact and/or representative. In an emergency, to immediately call 000; and

(c) Ensure you prevent, intervene early and respond to violence, abuse, neglect and exploitation. If an incident or criminal act does occur, you must report it to Mobility (through the Internal Dispute Procedure) and/or other authorities, including the police where appropriate.

2.6 Bullying and discrimination

All Users and Providers registered on the Platform must not engage in any form of discrimination, vilification or bullying, where:

(a) Direct discrimination occurs when a person is treated less favourably than another because of a reason or ground which is prohibited by law. The prohibited grounds of discrimination are set out in the Federal, State and Territory anti-discrimination laws and include sex, race, age, disability/impairment etc;

(b) Vilification is a public act which incites hatred, severe contempt or severe ridicule of a person or group, because of race, homosexuality, transgender, trans-sexuality or HIV/AIDS; and

(c) Bullying is repeated, unreasonable and inappropriate behaviour directed towards an individual or group, which creates a risk to health and safety.

2.7 Drugs and Alcohol

(a) All Users and Providers registered on the Platform must not provide or receive services while under the influence of alcohol or unlawful substances.

(b) The use of drugs and alcohol by either User or Provider may impact on a Provider’s capacity to safely and efficiently provide a service, thereby posing a risk to the safety of that person.

(c) Mobility has a zero tolerance for persons being under the influence of drugs or alcohol and is committed to ensuring Providers can provide services in a safe environment that prevents, or minimises, any risk of injury or harm to the safety of both Users and Providers.

2.8 Ethics

All Users and Providers registered on the Platform must:

(a) Act ethically and honestly at all times when providing or receiving services or engaging with the Platform;

(b) Not make or receive cash payments, nor any other method of payment, in respect of services provided, other than those agreed to through the Platform;

(c) Not offer or receive services on terms other than those disclosed to Mobility. If a Provider approaches the User to provide care services on terms other than those disclosed to Mobility, the User must immediately notify Mobility;

(d) Act in accordance with the Terms and Conditions of the Platform.

(e) Act in good faith to Mobility, and not do anything which is contrary to the interests of Mobility; and

(f) Ensure all representations made, and information provided to Mobility, or via the Platform, are honest, accurate, and up to date.

2.9 Privacy and information

All Users and Providers registered on the Platform must:

(a) Keep any and all personal and health related information of the User or Provider private and confidential. You must comply with any relevant privacy legislation around health records including the Privacy Act 1988 (Cth) and any relevant state or territory legislation. This includes but is not limited to; the safe storage of information required in order to carry out the appropriate care as requested; and

(b) Not take advantage of any personal information or sensitive information (including health and financial information) of the User or Provider obtained during the course of providing aged care services.

2.10 Professional Boundaries

All Users and Providers registered on the Platform must:

(a) Be aware of the appropriate professional boundaries, and act at all times to protect the boundaries of the professional relationship. Users, Providers, family members and/or their representatives must not engage in any type of physical relationship with any Provider or User, nor take unfair advantage of, or exploit any relationship with, the Provider or User in any way;

(b) Immediately report to Mobility (through the Internal Dispute Procedure) any episode or incident which raises concerns about the standards of care or services provided; and

(c) Not act in a vulgar manner, nor do or act in any way, which may expose any person to pornographic, sexually explicit or otherwise inappropriate material, and take care to avoid situations which may give rise to having pecuniary or other conflicts of interest.

2.11 Exploitation

All Users and Providers registered on the Platform must:

(a) Not financially exploit another User or Provider or their family members or representatives. This includes accepting gifts as part of care or support arrangement, or asking to give, lend or bequeath money or gifts to benefit (directly or indirectly) you; and

(b) Not accept gifts which are, or could be reasonably interpreted as, inappropriate given the nature of the relationship between Provider and Users. In situations where a gift has been received from a User, you must undertake to advise the family and/or the representative and record a progress note including details of the gift received.

2.12 Positive Communication

All Users and Providers registered on the Platform must engage with other Users and Providers in respectful, nuanced and open-minded conversations and to be aware of the words and language you use.

3 Code of Conduct for all Service Providers

3.1 Consent

Providers are to ensure that consent for the care and support you are providing has been lawfully obtained from the User, or their representative.

3.2 Care and Competency

Services are to be provided in a safe and competent manner, with care and skill. All Providers are expected to have adequate expertise and competence necessary for safe and skilful service delivery, and to have and maintain the required qualifications and skills.

3.3 Capability

(a) Providers are required to be transparent about qualifications and any limits on competencies. Any Provider including staff must disclose any failure of a worker screening clearance or professional misconduct finding.

(b) Providers must provide recent evidence of competencies of clinical practise and maintain their own professional record in accordance with any registration bodies.

(c) Providers must ensure that at all times they adhere to their scope of practice and ensure they have been deemed recently competent in completing any clinical procedures. It’s the providers responsibility to ensure best practise is used and adherence to updated legislation occurs at all times. Acceptance of work to attend to clinical procedures that the provider does not have adequate skills, knowledge and compliance in, will results in notification to peak bodies.

(d) Services must be provided in accordance with the appropriate standards and relevant legislation relating to health care service provision. Providers must only provide services for which the Provider is capable and qualified to provide, and which are safe to provide.

(e) Users have a right to get information about the comparative cost and effectiveness of treatments and the risks and benefits of service options.

3.4 Quality and Safety of Supports

Providers are required to promptly take steps to raise and act on concerns about matters that may impact the quality and safety of supports and services provided to Users. If the safety or the quality of support for Users is at risk, Providers should take immediate action to address the reasons why.

3.5 Financial Matters and Conflicts

(a) Providers must declare and avoid any real or perceived conflict of interest that may arise.

(b) In general, Providers must not deal with the finances of Users (if a situation arises where this is necessary, he or she does so ensuring the best interests of Users are of upheld, and that any actions, advice or decision of the Provider are not influenced by self-interest or of personal gain, or other improper motives). Providers undertake to record details (via a progress note) of any occasion where financial transactions are required and where possible advise the User’s chosen representative.

3.6 Personal Presentation

Providers are to maintain a high level of hygiene and cleanliness by:

(a) Being neatly attired in casual apparel with clean clothing;

(b) Pay attention to personal hygiene and grooming standards. Shower daily, brush teeth and hair and use deodorant;

(c) Keep vehicles clean inside and out and free from defects including visible dents and scratches.

3.7 Customer Service

Providers are to at all times be courteous to Users and:

(a) Treat Users with dignity and respect at all times;

(b) Accept differences in culture, language, religion, accents, gender and speech patterns;

(c) Greetings of Users should be polite, respectful and well mannered; and

(d) Manage User items in a safe manner taking into account manual handling best practices.

3.8 Neglect and Abuse

Mobility has a zero tolerance policy to abuse, neglect, negligence and violence against any User. The Provider must:

(a) Prevent and respond to all forms of violence, exploitation, neglect and abuse against any User;

(b) Report any concerns of abuse or neglect to Mobility (through the Internal Dispute Procedure) and/or other authorities, including the police where appropriate;

(c) Not assault, harass or intimidate any User; and

(d) not deliberately or negligently expose any User, or any other person while providing services to the User, to a risk of physical, psychological or other harm.

4 Code of Conduct for Babysitters

4.1 Relationship with Children and Families

In addition to the requirement of clauses 2 and 3, Providers of Babysitting Services are to:

(a) Maintain a safe environment for children at all times taking particular care when out in the community;

(b) Respect the rights of children, and treat them with dignity;

(c) Never physically discipline a child, handle a child roughly, or speak to a child in a in an aggressive or humiliating manner;

(d) Where child abuse is suspected, take appropriate steps to inform the relevant authorities for the protection of the child/ren;

(e) Maintain confidentiality in regards to children’s personal or medical circumstances;

(f) Be respectful and courteous in interactions with employing family, including their extended family;

(g) Respect, and work within the cultural values and beliefs of families;

(h) Report any accident or injury to a child to the family as soon as practicably possible;

(i) Take care with the family’s possessions and property, and report any accidental damage to the family as soon as practicably possible;

(j) When responding to, or raising concerns with families, do so in a respectful and diplomatic manner with an aim to come to a resolution that all parties are comfortable with;

(k) Refrain from sharing photographs of, or details about children on social media without the clear consent of the family; and

(l) Maintain confidentiality and respect the families right to privacy at all times.

5 Code of Conduct for Disability, Allied Health and Aged Care Providers

In addition to the requirement of clause 2 and 3:

(a) Providers of Disability Services and Allied Health Services (DAH Service Providers) must comply with this clause 5 in its entirety; and

(b) Providers of Aged Care Services (Aged Care Providers) must comply with this clause 5 (excluding clause 5.1).

5.1 DAH Specific Codes

(a) DAH Service Providers:

(i) Operating in any state must comply with the National Disability Insurance Scheme (NDIS) Code of Conduct (the NDIS Code) as set out in the National Disability Insurance Scheme (Code of Conduct) Rules 2018, or any updated version of the NDIS Code, which are NDIS rules made under the National Disability insurance Scheme Act 2013 (NDIS Act);

(ii) Operating in the state of Victoria must comply with the Department of Health and Human Services’ Disability Abuse Prevention Code of Conduct, or any updated version of this code of conduct, and

(iii) Must comply with any other codes of conduct that apply, either in their state of operation or nationally, from time to time while they are providing Services to Users.

(b) DAH Service Providers should consider all conduct associated with the delivery of supports and services under the NDIS and whether that conduct is compliant with the NDIS Code. The NDIS Code applies to all registered and unregistered providers and their employees, as well as providers delivering Commonwealth Continuity of Support Programme services for people over the age of 65.

5.2 Choice

(a) Mobility respects and supports the fundamental right of aged care and disability support Users to continue living independently in their own homes and communities with dignity and respect, along with choice and inclusion in relation to their care needs, and being free to engage an advocate and/or representative of their choice.

(b) DAH Service Providers and Aged Care Providers who are receiving grants from the Commonwealth Continuity of Support Programme must ensure that their officers, employees and agents have an awareness and understanding of the Statement for Australia’s Carers; and they and their officers, employees and agents take action to reflect the principles of the Statement in developing, implementing, providing or evaluating care supports.

5.3 Respect

DAH Service Providers and Aged Care Providers are to:

(a) Treat Users, including, family members and representatives, with respect and dignity at all times;

(b) Recognise that each User is an individual, with individual needs, inclusive of those with complex, or more specialised needs;

(c) Respect User’s personal, cultural, linguistic and religious preferences and background;

(d) Respect User’s right to assess the risks associated with their decisions and actions, while also considering the safety of the User;

(e) Provide care with empathy and sensitivity, without exploitation, abuse, discrimination or harassment; and

(f) Respect the User’s right to choose the care they want and from whom they want it, free from victimization.

5.4 Professionalism

DAH Service Providers and Aged Care Providers are to:

(a) Deliver reliable, high quality and personalized care, acting at all times in accordance with the instructions, care plan and/or care goals of the User;

(b) Assess the risks associated with deciding to perform certain services or to undertake any task at the request of the User;

(c) Immediately report any form of abuse or neglect of an elder or a person with a disability to Mobility (through the Internal Dispute Procedure) and/or other authorities, including the police where appropriate;

(d) Immediately report any accident or incident to the appropriate emergency service and/or regulatory body that occurs during the provision of service. This includes and is not limited to; The Provider, User and or any person present during service;

(e) Immediately report any episode or incident which raises concerns about the standards of care provided by another Service Provider;

(f) Not act in a vulgar manner, nor expose User or any member of the User’s Households to pornographic, sexually explicit or otherwise inappropriate material; and

(g) Maintain and keep up to date all; qualifications, police checks, licenses and registrations, required in order to provide the aged care services requested by the User.

5.5 Health and Safety

(a) A DAH Service Provider or an Aged Care Provider must provide services in a safe and ethical manner and must not provide services of a type that is outside his or her experience or training.

(b) A DAH Service Provider or an Aged Care Provider who has been diagnosed with a medical condition that can be passed on to a User must ensure that they perform their services in a manner that does not put clients at risk.

5.6 Mandatory Reporter

(a) Disability Service Providers or Aged Care Providers who provide services under the Mobility platform are:

(i) A mandatory reporter and are required to report situations where they believe that there is a significant risk of harm to the User they are supporting, this includes physical harm, sexual harm, emotional or psychological harm, financial abuse, neglect or exposure to domestic violence;

(ii) Responsible for reporting to Mobility (through the Internal Dispute Procedure) and/or other authorities, any issues or incidents that occur during the provision of Services;

(iii) Required to work transparently and honestly with Mobility to resolve any complaints, issues or incidents; and

(iv) Accountable for their performance and behaviour while working with Users and Mobility.