Reportable incidents (NDIS Providers)
Reportable incidents are serious incidents or allegations which result in harm to an NDIS participant and occur in connection with NDIS supports and services.
It is a condition of registration that registered NDIS providers have an incident management system which sets out the procedures for identifying, managing and resolving incidents. If a person who is a registered NDIS provider does not have an incident management system, they may be in breach of their conditions of registration and penalties may apply.
This guidance will assist registered NDIS providers in developing or improving their incident management systems to help them meet their requirements.
In New South Wales and South Australia, registered NDIS providers must now report certain incidents to the NDIS Commission.
Registered providers must report to the NDIS Commission serious incidents (including allegations) arising in the context of NDIS supports or services, including:
- 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.
This does not replace existing obligations to report suspected crimes to the police and other relevant authorities.
Providers are responsible for preventing, responding to, and managing incidents. Registered providers must have in place internal management and reporting arrangements to ensure that all incidents (not just reportable incidents) are recorded, and that actions are taken to respond to them and prevent such incidents from happening again.
The NDIS Commission will provide guidance to build the capacity of NDIS providers to prevent and respond to incidents.
Timeframes and reports
Most reportable incidents must be notified to the NDIS Commission within 24 hours of a provider’s key personnel being made aware of it, with a more detailed report about the incident and actions taken in response to it to be provided within 5 business days.
The unauthorised use of restrictive practice must be notified to the NDIS Commission within 5 business days of a provider’s key personnel being made aware of it. If there is harm to a participant, it must be reported within 24 hours.
A final report may also be required within 60 business days of submitting the five-day report. The NDIS Commission will advise providers whether a final report is required.
In all cases, providers must assess:
- the impact on the NDIS participant
- whether the incident could have been prevented
- how the incident was managed
- what, if any, changes are required to prevent further similar events occurring.
Registered providers must make their records available to auditors as part of their quality assurance process, and contribute to NDIS Commission investigations relating to incidents.
How to notify the NDIS Commission of a reportable incident
Forms for notifying the NDIS Commission of a reportable incident are provided below:
Once a form is completed, you can email it directly to the NDIS Commission at email@example.com.
Once the NDIS Commission receives information from you via e-mail or any other means, the information is in a secure environment. Personal information will not be released unless the law permits it or your permission is granted.
Please send all enquiries about reportable incidents to firstname.lastname@example.org.