Incident management and reportable incidents (NDIS Providers)

NDIS providers that are registered with the NDIS Quality and Safeguards Commission require an incident management system to record and manage incidents that occur in connection with providing supports and services to people with disability.

What is an Incident Management System?

Under the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 an Incident Management System must cover:

  • Acts, omissions, events or circumstances that occur in connection with providing NDIS supports or services to a person with disability and have, or could have, caused harm to the person with disability
  • Acts by a person with disability that occur in connection with providing NDIS supports or services to the person with disability and which have caused serious harm, or a risk of serious harm, to another person
  • Reportable incidents that have or are alleged to have occurred in connection with providing NDIS supports or services to a person with disability.

As a registered provider, you are responsible for preventing, responding to, and managing these incidents. Your incident management system needs to include procedures for identifying, assessing, recording, managing, resolving and reporting incidents. You must record all these incidents (not just reportable incidents) and ensure you respond appropriately and take steps to prevent such incidents from happening again.

The NDIS Commission has developed guidance to assist you in developing or improving your incident management systems to meet the requirements for the size and scope of your organisation and the services and supports you deliver.

You need to be prepared to make your incident records available to the NDIS Commission if required and to any approved quality auditor as part of the auditor’s assessment of your compliance.

Reportable incidents in the NDIS

All NDIS providers – registered or unregistered – are responsible for the delivery of quality and safe NDIS supports and services.

Registered NDIS providers are required to record and manage all incidents that happen in the delivery of NDIS supports and services in their internal incident management systems, and notify the NDIS Commission of reportable incidents.

Registered NDIS providers must notify the NDIS Commission of all reportable incidents (including allegations), even where the provider has recorded and responded within their own incident management system.

For an incident to be reportable a certain act or event needs to have happened (or alleged to have happened) in connection with the provision of supports or services by the registered NDIS provider. This includes:

  • The death of a person with disability
  • Serious injury of a person with disability
  • Abuse or neglect of a person with disability
  • Unlawful sexual or physical contact with, or assault of, a person with disability
  • Sexual misconduct, committed against, or in the presence of, a person with disability, including grooming of the person with disability for sexual activity
  • Unauthorised use of restrictive practices in relation to a person with disability.

If a reportable incident raises a serious compliance issue, the NDIS Commission has powers to take regulatory action. Action 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. The NDIS Commission can also conduct its own investigation and take appropriate enforcement action such as issuing a compliance notice or asking a court to impose a civil penalty.

The NDIS Commission takes a responsive and proportionate approach to regulation, providing guidance to build the capacity of NDIS providers to prevent and respond to incidents where possible. The NDIS Commission will work with NDIS providers to help them comply with the new quality and safeguards requirements, including through education and training about their obligations.

When notifying the NDIS Commission of a reportable incident, registered providers must follow the set processes and provide the required information as set out on the ‘My Reportable Incidents’ page.

The NDIS Commission has developed a guidance about reportable incidents and NDIS Commission expectations.

How to notify the NDIS Commission about a reportable incident

Registered NDIS providers should use the NDIS Commission Portal 'My Reportable Incidents' page to notify and manage all reportable incidents.

For further information see How to notify the NDIS Commission about a reportable incident.

Resources to support incident reporting, management and prevention

These resources are designed to support NDIS providers to meet their obligations under the National Disability Insurance Scheme Act 2013 and to develop effective incident management systems. They provide information on the benefits of effective incident management, reportable incident obligations and timeframes, and incident management system requirements.

Resources for NDIS providers:

Videos:

Resources for workers:

Resources for participants:

NDIS Commission Portal reportable incident resources: