Communicating with Clients under 18 Years of Age policy

In line with the Victorian Child Safe Standards (the Standards) and the TAC’s commitment to child safety, the TAC will communicate with clients under the age of 18 where appropriate and reasonably possible. The Standards require the TAC to ensure that clients under the age of 18 are informed of their rights and empowered to actively participate in decisions that affect them.

When determining whether to communicate with a client under the age of 18 the TAC will consider:

The client’s age, and
The client’s capacity to make decisions. and
The parent/guardians preference.

Legislation

The following legislation is relevant to this policy:

Privacy and Data Protection Act 2014 (Vic)
Health Records Act 2001 (Vic)
Guardianship and Administration Act 2019 (Vic)
Child Wellbeing and Safety Act 2005 (Vic)

Background

This policy provides information about the way the TAC communicates with clients who are under 18 years of age, and how that communication might change when they turn 18 years of age. If a client has not nominated an authorised representative or have an appointed guardian, administrator or a supporter guardian/administrator, they will be responsible for their own communication with the TAC after they turn 18 if they have capacity.

Definitions

Supporter guardian or administrator – a person who supports a person with disability to make their own decisions. They will support the person to make, communicate and/or give effect to decisions about:

the personal matter(s) set out in the order (supportive guardian)
the financial matter(s) set out in the order (supportive administrator).

The order may give them authority to get information from others about the person to help the person make a decision. For example, from doctors, banks, utility providers, disability organisations or government agencies.

They are appointed under the Guardianship and Administration Act 2019 by the Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT).

Guardian - a person appointed to make personal and life-style decisions on behalf of a person when they are unable to do so themselves. They are appointed under the Guardianship and Administration Act 2019 by the Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT).

Administrator - a person appointed to make legal and financial decisions on behalf of a person when they are unable to do it themselves. They are appointed under the Guardianship and Administration Act 2019 by the Guardianship List of VCAT.

Authority to Release Information (an 'authority') form - the signed authority allows the TAC to obtain records or information which may be needed to assess which benefits are able to be paid to a client.

Authorised Representative – A person who has been nominated by a client over 18 years of age to act on their behalf about their TAC claim.

Client Representative Authority to Release Information form: the signed authority allowing clients over 18 years of age to nominate another person to act on their behalf about their TAC claim.

Representative - a person who the client has nominated to communicate with the TAC on their behalf, such as a friend or relative. This term should not be confused with legal representation. The representative is advised informally by the client and is only applicable for client’s under 18 years of age. Once a client turns 18 years of age and the client wants the TAC to continue to communicate with their representative, an Authorised Representative Form is required.

Guidelines

How will the TAC communicate with clients under the age of 18 years?

In line with the Victorian Child Safe Standards, the TAC will communicate with clients under the age of 18 where reasonably possible. The Standards require the TAC to ensure that clients under the age of 18 are informed of their rights, are empowered to actively participate in decisions that affect them and their diverse needs are respected.

The TAC will work with the client and their parent/guardian to determine which aspects of their TAC claim the client will participate and contribute to, such as goal setting and identifying what is important to them.

Clients under the age of 15 years

For clients who are under 15 years of age, the TAC will always communicate with the client in the presence of their parent/guardian.

Clients between 15 and 18 years of age

Clients aged between15 and 18 years of age can ask the TAC in writing:

to communicate directly with them, or
to communicate with a representative (such as a parent/guardian).

Where no request in writing has been made, the TAC may seek the consent of the parent/guardian to communicate directly with the client about their claim. This may include matters relating to individual planning and goal setting, the provision of services and/or the receipt of benefits. In this case the TAC will seek the parent/guardian’s consent to include the client in conversations about appropriate aspects of their claim in line with the client’s preferences. This consent can be provided in writing (via email) or verbally.

Who will TAC benefits be paid to for clients aged between 15 to 18 years of age?

For a client who is aged between 15 and 18 years of age, benefits (such as income support, and common law) are generally paid to their parent or legal guardian, who acts on behalf of the client.

If a client between 15 and 18 years of age has requested the TAC to communicate directly with them or a representative, then most benefits will be paid directly to the client. However, some benefits, such as minor’s additional benefits can only be paid to the parent or legal guardian until the client is 18 years of age.

What happens when a client turns 18 years of age?

When a client turns 18 years of age, and we are satisfied that they are able to represent themselves, the TAC will start to communicate directly with the client.

This means that the TAC will be unable to provide any information to the parent or guardian representative without consent from the client via an Authorised Representative Form.

Where the client has an appointed administrator, guardian or supporter guardian/administrator, the TAC will continue to communicate with the representative or administrator after the client turns 18 years of age.

If a client will continue to receive benefits after turning 18 years of age, the TAC will write to the client asking them to sign an Authority to Release Information: general form (ARIF1) , and provide bank account details.

What is an 'authority' and why might a new authority need to be signed when a client turns 18 years of age?

The Authority to Release Information: general form (ARIF1) is client consent for the TAC to collect relevant information in order to manage the TAC claim.

When a claim for compensation is first made on behalf of a child, the parent or guardian may have signed the authority form.

When a client turns 18 years of age they must sign a new authority (unless they don’t have capacity and a formal guardian or administrator is required) and the TAC will stop using any authority form signed by a parent/guardian before they turned 18.

For more information, please refer to the TAC Privacy Policy.

What if a client is unable to represent themselves once they turn 18 years of age?

Some clients may not be able manage their own affairs once they turn 18 years of age due to a medical condition, mental health condition or their transport accident injuries. Clients in these circumstances may need the assistance of a supporter guardian or administrator, administrator or a guardian appointed under the Guardianship and Administration Act 1986.

What happens if a client does not tell the TAC who to communicate with once they turn 18 years of age?

Once a client has turned 18 years of age the TAC will communicate directly with the client unless the client has nominated another person by signing an Authorised Representative Form.

What if a client wants to represent themselves once they turn 18 years of age, but their parent/guardian have concerns for their ability to do so?

If the matter cannot be resolved between the client and their parents/guardian, advice can be obtained from the Office of the Public Advocate.

Will entitlements change when a client turns 18 years of age?

While turning 18 years of age will not change a client’s entitlement to most benefits, some of the benefits may change. For example, an entitlement to minors’ additional benefits will cease, but the client may be entitled to other benefits such as:

an impairment lump sum
loss of earnings, loss of earning capacity benefits
Annuity.


Communicating with Clients under 18 Years of Age policy In line with the Victorian Child Safe Standards (the Standards) and the TAC’s commitment to child safety, the TAC will communicate with clients under the age of 18 where appropriate and reasonably possible. The Standards require the TAC to ensure that clients under the age of 18 are informed of their rights and empowered to actively participate in decisions that affect them. When determining whether to communicate with a client under the age of 18 the TAC will consider: The client’s age, and The client’s capacity to make decisions. and The parent/guardians preference. Legislation The following legislation is relevant to this policy: Privacy and Data Protection Act 2014 (Vic) Health Records Act 2001 (Vic) Guardianship and Administration Act 2019 (Vic) Child Wellbeing and Safety Act 2005 (Vic) Background This policy provides information about the way the TAC communicates with clients who are under 18 years of age, and how that communication might change when they turn 18 years of age. If a client has not nominated an authorised representative or have an appointed guardian, administrator or a supporter guardian/administrator, they will be responsible for their own communication with the TAC after they turn 18 if they have capacity. Definitions Supporter guardian or administrator – a person who supports a person with disability to make their own decisions. They will support the person to make, communicate and/or give effect to decisions about: the personal matter(s) set out in the order (supportive guardian) the financial matter(s) set out in the order (supportive administrator). The order may give them authority to get information from others about the person to help the person make a decision. For example, from doctors, banks, utility providers, disability organisations or government agencies. They are appointed under the Guardianship and Administration Act 2019 by the Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT). Guardian - a person appointed to make personal and life-style decisions on behalf of a person when they are unable to do so themselves. They are appointed under the Guardianship and Administration Act 2019 by the Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT). Administrator - a person appointed to make legal and financial decisions on behalf of a person when they are unable to do it themselves. They are appointed under the Guardianship and Administration Act 2019 by the Guardianship List of VCAT. Authority to Release Information (an 'authority') form - the signed authority allows the TAC to obtain records or information which may be needed to assess which benefits are able to be paid to a client. Authorised Representative – A person who has been nominated by a client over 18 years of age to act on their behalf about their TAC claim. Client Representative Authority to Release Information form: the signed authority allowing clients over 18 years of age to nominate another person to act on their behalf about their TAC claim. Representative - a person who the client has nominated to communicate with the TAC on their behalf, such as a friend or relative. This term should not be confused with legal representation. The representative is advised informally by the client and is only applicable for client’s under 18 years of age. Once a client turns 18 years of age and the client wants the TAC to continue to communicate with their representative, an Authorised Representative Form is required. Guidelines How will the TAC communicate with clients under the age of 18 years? In line with the Victorian Child Safe Standards, the TAC will communicate with clients under the age of 18 where reasonably possible. The Standards require the TAC to ensure that clients under the age of 18 are informed of their rights, are empowered to actively participate in decisions that affect them and their diverse needs are respected. The TAC will work with the client and their parent/guardian to determine which aspects of their TAC claim the client will participate and contribute to, such as goal setting and identifying what is important to them. Clients under the age of 15 years For clients who are under 15 years of age, the TAC will always communicate with the client in the presence of their parent/guardian. Clients between 15 and 18 years of age Clients aged between15 and 18 years of age can ask the TAC in writing: to communicate directly with them, or to communicate with a representative (such as a parent/guardian). Where no request in writing has been made, the TAC may seek the consent of the parent/guardian to communicate directly with the client about their claim. This may include matters relating to individual planning and goal setting, the provision of services and/or the receipt of benefits. In this case the TAC will seek the parent/guardian’s consent to include the client in conversations about appropriate aspects of their claim in line with the client’s preferences. This consent can be provided in writing (via email) or verbally. Who will TAC benefits be paid to for clients aged between 15 to 18 years of age? For a client who is aged between 15 and 18 years of age, benefits (such as income support, and common law) are generally paid to their parent or legal guardian, who acts on behalf of the client. If a client between 15 and 18 years of age has requested the TAC to communicate directly with them or a representative, then most benefits will be paid directly to the client. However, some benefits, such as minor’s additional benefits can only be paid to the parent or legal guardian until the client is 18 years of age. What happens when a client turns 18 years of age? When a client turns 18 years of age, and we are satisfied that they are able to represent themselves, the TAC will start to communicate directly with the client. This means that the TAC will be unable to provide any information to the parent or guardian representative without consent from the client via an Authorised Representative Form. Where the client has an appointed administrator, guardian or supporter guardian/administrator, the TAC will continue to communicate with the representative or administrator after the client turns 18 years of age. If a client will continue to receive benefits after turning 18 years of age, the TAC will write to the client asking them to sign an Authority to Release Information: general form (ARIF1) , and provide bank account details. What is an 'authority' and why might a new authority need to be signed when a client turns 18 years of age? The Authority to Release Information: general form (ARIF1) is client consent for the TAC to collect relevant information in order to manage the TAC claim. When a claim for compensation is first made on behalf of a child, the parent or guardian may have signed the authority form. When a client turns 18 years of age they must sign a new authority (unless they don’t have capacity and a formal guardian or administrator is required) and the TAC will stop using any authority form signed by a parent/guardian before they turned 18. For more information, please refer to the TAC Privacy Policy. What if a client is unable to represent themselves once they turn 18 years of age? Some clients may not be able manage their own affairs once they turn 18 years of age due to a medical condition, mental health condition or their transport accident injuries. Clients in these circumstances may need the assistance of a supporter guardian or administrator, administrator or a guardian appointed under the Guardianship and Administration Act 1986. What happens if a client does not tell the TAC who to communicate with once they turn 18 years of age? Once a client has turned 18 years of age the TAC will communicate directly with the client unless the client has nominated another person by signing an Authorised Representative Form. What if a client wants to represent themselves once they turn 18 years of age, but their parent/guardian have concerns for their ability to do so? If the matter cannot be resolved between the client and their parents/guardian, advice can be obtained from the Office of the Public Advocate. Will entitlements change when a client turns 18 years of age? While turning 18 years of age will not change a client’s entitlement to most benefits, some of the benefits may change. For example, an entitlement to minors’ additional benefits will cease, but the client may be entitled to other benefits such as: an impairment lump sum loss of earnings, loss of earning capacity benefits Annuity.