Reportable incidents

Reportable incidents

As a registered NDIS provider, you must notify the NDIS Commission of all reportable incidents (including alleged reportable incidents) that occur (or are alleged to have occurred) in connection with the provision of NDIS supports or services you deliver, even where you have recorded and responded within your own incident management system. It is a condition of your registration that you comply with the NDIS Quality and Safeguards Rules about notifying us of reportable incidents.

For an incident to be reportable, a certain act or event needs to have happened (or be alleged to have happened) in connection with the provision of supports or services. 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
  • use of a restrictive practice in relation to a person with disability where the use is not in accordance with an authorisation (however described) of a state or territory in relation to the person, or if it is used according to that authorisation but not in accordance with a behaviour support plan for the person with disability

If there is no authorisation process (however described) of a state or territory in relation to the use of the restrictive practice, its use is not a reportable incident if the use is in accordance with a behaviour support plan.

When the Commission receives a reportable incident report, we can take a range of actions. This might include requiring you to undertake specified remedial steps, carry out an internal investigation about the incident, or engage an independent expert to investigate and report on the incident. If a reportable incident raises a serious compliance issue, we have powers to take regulatory action. We can conduct our own investigation and take appropriate enforcement or compliance action such as issuing an infringement notice, a compliance notice or asking a court to impose a civil penalty for a breach of the NDIS Act.

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

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

Timeframes for notifying the NDIS Commission about reportable incidents

When a reportable incident occurs, or is alleged to have occurred in connection with the NDIS supports or services you deliver, you must notify us using the NDIS Commission Portal within the required timeframes (set out below). The timeframes are calculated from when a registered NDIS provider became aware that the incident occurred, or was alleged to have occurred.

Reportable incident

Required timeframe

death of a person with disability

24 hours

serious injury of a person with disability

24 hours

abuse or neglect of a person with disability

24 hours

unlawful sexual or physical contact with, or assault of, a person with disability

24 hours

sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity

24 hours

the use of a restrictive practice in relation to a person with disability if the use is not in accordance with a required state or territory authorisation and/or not in accordance with a behaviour support plan.

Five business days

 

Reporting is required even when you have acted and responded to incidents in accordance with your own incident management system. Failure to report within the statutory timeframes is a contravention of the NDIS Act and could lead to infringement notices or other compliance actions.

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

For further information see Notify us about a reportable incident.