Incident management and reportable incidents (NDIS Participants)
Under the NDIS Commission, all registered NDIS providers must have an incidents management system in place to record and manage incidents.
Incidents that must be recorded and managed include incidents where harm, or potential harm, is caused to or by a person with disability while they are receiving supports or services.
The incident management system must include procedures for identifying, assessing, recording, managing, resolving and reporting incidents.
Certain incidents must be notified to the NDIS Commission as reportable incidents, including the death, serious injury, abuse or neglect of a person with disability and the unauthorised use of restrictive practices. These incidents must be reported to the NDIS Commission.
The following incidents (including allegations) arising in the context of NDIS supports or services must be reported to the NDIS Commission:
- the death of an NDIS participant
- serious injury of an NDIS participant
- abuse or neglect of an NDIS participant
- unlawful sexual or physical contact with, or assault of, an NDIS participant
- sexual misconduct committed against, or in the presence of, an NDIS participant, including grooming of the NDIS participant for sexual activity
- the unauthorised use of a restrictive practice in relation to an NDIS participant
The NDIS Commission’s role is to provide guidance to build the capacity of NDIS providers to prevent and respond to incidents. If a reportable incident raises a serious compliance issue, the NDIS Commission has powers to take action. Actions might include requiring the provider to undertake specified remedial action, carry out an internal investigation about the incident, or engage an independent expert to investigate and report on the incident.
These new arrangements do not replace existing obligations to report suspected crimes to the police and other relevant authorities.