If you would like to discuss this Statement with us or have any questions, please contact the team via hello@hireup.com.au or on (02) 9113 5933.
If you believe that a Hireup User has failed to comply with this Statement please report it via our online incident report form.
Introduction
At Hireup we believe that it is a fundamental human right for everyone to make their own choices, learn about their body, explore their sexuality and enjoy sexual relationships and experiences.
The purpose of this statement is to provide guidance to Hireup Clients and Support Workers on what can be expected if Clients request support with sexual activities.
Sexual Activity means a Client’s exploration of, access to and engagement in any form of sexual act or sexuality whether that sexual act be with a Client’s partner, or by ones self, for example masturbation. Guidelines on what Sexual Activity support can and cannot be provided by a Support Worker can be found in the What Sexual Activity can and can not be provided section of this Statement.
This statement will outline what both Clients and Support Workers rights and responsibilities are when Sexual Activity support is requested. The guidelines contained in this statement must be followed at all times when providing Sexual Activity Support and they will ensure that Sexual Activity support is provided in a safe and appropriate way.
Talking about Sexual Activity Support
Client responsibilities
It is important to respect and accept that not all Support Workers will be comfortable with providing Sexual Activity support. It is therefore important to discuss with your Support Worker, the Sexual Activity support you need before requesting they provide you with any Sexual Activity support.
If you do not have a Support Worker that is comfortable with providing Sexual Activity support or you have any questions about how to approach this with your Support Worker please reach out to Hireup for assistance.
Clients should also be aware that Hireup Support Workers have a responsibility to keep you safe from any risk of harm. It is therefore important to familiarise yourself with our relevant policies, links to these can be found at the bottom of this statement.
Support Worker responsibilities
We understand that our Support Workers are individuals with their own values and beliefs. Therefore we recognise that providing a client with Sexual Activity support may be something that some of our Support Workers are not comfortable with. This is ok and will be respected.
We do however expect our Support Workers to respect the rights of the Client they are supporting. It’s ok to say you are not comfortable with any support request, including Sexual Activity support requests however, this must always be done respectfully and without judgment. If you are unsure of the Sexual Activity support request being made or are unsure how to respond to such a request, please reach out to Hireup for assistance.
Hireup Support Workers are mandatory reporters and therefore responsible for ensuring that any Client they are supporting is not put at risk of harm, including abuse. All Support Workers should read our relevant policies, links to these can be found at the bottom of this statement, before agreeing to provide Sexual Activity support.
Before Providing Sexual Activity Support
Understanding Consent
It is important to be aware of Australian laws in relation to consent. Sexual Activity support can be provided if the Client:
- Is over 16 years of age (ACT, NSW, NT, QLD, VIC & WA) - unless the Client is assessed as not having the capacity to consent.
- Is over 17 years of age (SA & TAS) - unless the Client is assessed as not having the capacity to consent.
- The Client freely and voluntarily agrees to the Sexual Activity without fear, intimidation or force.
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The Client has the cognitive capacity to consent to the Sexual Activity.
- Note: Support Workers are not qualified to determine a Client’s cognitive capacity. They can however provide supported decision making assistance, you can find more information in Supported Decision Making Resources for Clients & Support Workers.
“Supported decision making is when people with disability are supported to make or act on their own decisions. Ensuring people have the support they need to engage in decision making is central to Australia's obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).”
Capacity Australia states “Just because you disagree with a decision does not mean the person who made it lacks decision-making capacity” in this article Decision Making Capacity, the website also has several resources available on capacity.
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The Client understands the nature of the Sexual Activity before engaging in the Sexual Activity.
- Note: Sexual Activity support should not be provided if you are concerned that the Client you are supporting may not understand the nature of the Sexual Activity they are consenting to. In these circumstances we recommend that you either both attend an appointment with the Client’s doctor or one of the sexual health services listed in the Access to Sexual Health Information section of this statement to gain further information and guidance on Sexual Health / Activities.
Before requesting or agreeing to provide Sexual Activity support you must ensure that you are familiar with consent and the age of consent. Sexual Health Victoria has a great resource on Consent in plain english.
Ensuring Safe Sexual Activity Support
When providing Sexual Activity support, the following must be discussed and agreed to between the Client and Support Worker/s before Sexual Activity support is provided:
- The level of Sexual Activity support required - Clients are to provide clear instructions to Support Workers on what support they will need both prior to and after Sexual Activity - (please refer to section “What Sexual Activity Support Can and Cannot Be Provided”);
- A safe and private space for the Sexual Activity to occur has been organised and agreed to;
- How the Support Worker/s will be informed when the Sexual Activity is finished and the Client requires assistance. (eg. the Client will send a text message to the Support Worker/s);
- The person/s receiving Sexual Activity support has given consent for the activity to proceed.
- A minimum of two (2) Support Workers must be present on the booking in which Sexual Activity support is required unless the Sexual Activity is individual Sexual Activity, for example masturbation, in which case 1:1 support is acceptable. If it is not possible to have 2 Support Workers present on the booking, please contact Hireup to discuss alternative options.
If you are unsure on any of the above points prior to Sexual Activity support, you must contact Hireup before providing / requesting Sexual Activity support.
Access to Sexual Health information
Hireup and our Support Workers are not qualified in providing advice on Sexual Health.
Family Planning NSW recommends that anyone who is sexually active is advised to talk to a health worker about having a check-up. Your health worker will tell you how often, and when you need to have a check-up. A health worker is your local GP, a doctor or nurse at a Sexual Health Centre, a Youth Health Centre, or a Family Planning Clinic.
Sexual Health Advice services:
QLD Government - Sexual Health
SHFPACT (Sexual Health and Family Planning ACT)
NT Government - Sexual Health and Wellbeing
ACON - National - offers advice and information on community health, inclusion and HIV responses for people of diverse sexualities and genders
What Sexual Activity support can and can not be provided:
A support worker can provide support with:
- Discussing the Clients’ sexuality, relationship or Sexual Activity support needs
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Support the Client to find appropriate services to assist with any specialist topics. For example:
- Contraception
- Sexuality advice
- Where to buy sex aids
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How to access appropriate and legal sex services
- Touching Base provides information for people with disability or their carers on how to access the sex industry.
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Access an adult shop to purchase sex aid/s, adult films. For example:
- Transport to and from the adult shop
- Accompany the Client into the shop
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Get to/onto the place that the Client would like to have sex on. For example:
- Transfer the Client/s onto the bed by following the Client’s manual handling plan
- Undressing
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Set up/give the Client/s the sex aids, sex toys or contraception they need. For example:
- Hand the Client/s a condom
- Put vibrating underwear on the Client
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Setting up an adult film. For example:
- Place the DVD / USB in media player and give the remote to the Client
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Support to access legal sex services. For example:
- Transport to and from
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Preparation by (as stated above):
- Getting onto the bed
- Undressing; and
- Set up.
A support worker can not:
- Be involved in any sexual act with the Client
- Be in or waiting at the door of the room during the sexual act or while an adult film is being viewed.
- Provide specialist advice of any Sexual Activity
- Advise on suitable sex aids or adult films
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Help with penetration of any opening. For example:
- Put a penis inside a vagina or an anus
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Physically assist with masturbation. For example:
- Physically guide a Client or any persons’ hand to masturbate
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Put on/insert contraception or sex toys that need to be inserted. For example:
- Put a condom on a Client’s penis.
- Insert a dildo into a vagina.
Whilst we have tried to capture all possible scenarios that may arise in the above mentioned section, we also recognise that it may not capture all possible circumstances or support that may be required.
We understand that some clients’ physical constraints may mean that they require additional support during the setting up for and at the completion of the Sexual Activity. If this is the case or should such circumstances arise, you must ensure that you have discussed your additional Sexual Activity support requirements with your support worker in detail and that the Support Worker is comfortable with this additional Sexual Activity support.
Support Workers must ensure that consent is understood as outlined under “Understanding Consent” above before proceeding with any Sexual Activity support, including possible additional Sexual Activity support requirements.
It is important to understand that Support Workers cannot be involved in the sex act itself, including masturbation, and any request for this should be reported to Hireup immediately.
If you have any questions or require clarity on any aspect of this Statement, especially in circumstances where you either require Sexual Acitivty support or have been requested to provide it, you must contact Hireup before providing / requesting Sexual Activity support.
Related Hireup Policies
Statement on Incident Response
Statement on Abuse and Neglect
Harassment, Bullying and Discrimination Policy
Useful Resources:
- Northcott offers Sexuality and Relationships workshops and counselling (individual and group-based programs that are tailored to the sexuality support needs of people with disability and those who support them and is claimable through NDIS).
- Stabilise - Sextoys for people with disabilities. (claimable through NDIS).
- Touching Base - a volunteer service that assists people with disability to connect with sex workers.
- Check & Chat offers Consent and Sexuality education for people with a cognitive disability (claimable through NDIS).
- LGBTIQ Health - offers information on a variety of aspects including sexuality and relationships for the LGBTIQ community.
- Supported Decision Making Resources for Clients & Support Workers
In particular:
- Article 3 - General Principles
- Article 4 - General Obligations
- Article 12 - Equal recognition before the law
- Office of Public Advocacy Victoria - Supported Decision Making in Victoria
- Inclusion Australia - Supported Decision Making
Resources for Support Workers
- Decision making support for people with cognitive disability - A guide for disability workers
- Supported Decision Making - A handbook for supporters
- Tips for Decision Supporters
- Its My Choice - The Principles of Choice
- Down Syndrome Australia - Supported decision making and down syndrome
Resources for Clients
Relevant Legislation