Which incidents are notifiable, and by when?

Whether an incident is reportable, its priority, and whether an injury is a serious injury are your call: for aged care the Commission's SIRS decision support tool helps decide. Once you have decided, the checker runs the clock and keeps the register; the lines follow the kind you chose.

• Who was affected? (an NDIS participant, an aged care recipient, both, a worker only)
• What happened, as the clauses list it? (death, serious injury, abuse or neglect, assault, or sexual or physical contact (the s 20 list), sexual misconduct, unauthorised use of a regulated restrictive practice, unexpected death or unexplained absence (aged care), medication incident, deterioration not escalated, near miss or other)
• Aged care: are there reasonable grounds to report it to police?
• When and where it occurred, if known (no names)
• Immediate actions taken (no names)

Each has not sure: a line resting on it stays, as a question.

A date, a label of your own (a site, a role, a service, never a person's name), the date you became aware, and often a status or an owner. Paste it as it is: the type column reads words such as “incident”, “serious incident”, “reportable incident”, “sirs”, “fall” and “injury”. The answers go in one cell as key=value pairs.

Aged Care Quality Standards

• ACQS Rules s 15-15(8): The incident system safeguards individuals and learns from incidents. (when: an aged care recipient was affected)
  evidence to keepLearning action recorded against the incident.
• ACQS Rules s 15-10(4): Services must be free from abuse and neglect. (when: abuse, neglect or assault of an aged care recipient)
  evidence to keepSupport given to the individual and the prevention action.
• ACQS Rules s 15-30(7): Medicine-related adverse events are monitored, reported and used for improvement. (when: a medication incident and an aged care recipient was affected)
  evidence to keepMedication incident review and the change it led to.
• ACQS Rules s 15-20(7): Risks and deterioration in condition are escalated and communicated. (when: deterioration not escalated and an aged care recipient was affected)
  evidence to keepEscalation record: who was told and when.
• ACQS Rules s 15-20(6): Critical information about the incident is communicated to the individual, workers, supporters and practitioners. (when: an aged care recipient was affected)
  evidence to keepHandover note and the contact log for the incident.

Aged Care Act 2024

• Aged Care Act s 165A and Rules 165A-15 to 165A-45: Section 165A sends reportable incidents to the Commissioner. Whether this one is reportable, and priority 1 or 2, is your SIRS assessment: the line is always a question. (when: an aged care recipient was affected)
  evidence to keepSIRS notice: time aware, time notified, priority chosen and the reason.
• Aged Care Act s 164(a): For providers in the categories Rules 164-1 lists (home and community, advisory and support, personal and care support, nursing and transition care, residential care, subscription trial), the incident is recorded with the minimum dataset (Rules 164-25). (when: an aged care recipient was affected)
  evidence to keepIncident register entry with the 164-25 minimum dataset.
• Aged Care Act s 164(b): The incident is managed, assessed with affected persons and remedial action taken; police within 24 hours where there are reasonable grounds. (when: an aged care recipient was affected)
  evidence to keepOpen disclosure record, assessment and remedial action.
• Aged Care Act s 164(c): No one may be victimised or discriminated against for reporting the incident. (when: an aged care recipient was affected)
  evidence to keepNote on the incident record that the reporter was protected from detriment.
• Aged Care Act s 164(b): Where there are reasonable grounds to report the incident to police, the Rules give 24 hours from becoming aware. (when: an aged care recipient was affected and Aged care: are there reasonable grounds to report it to police)
  evidence to keepPolice report number and the time it was made.

NDIS Practice Standards

• NDIS Practice Standards Core 14.1: The incident system must meet the Incident Management Rules. (when: an NDIS participant was affected)
  evidence to keepIncident register entry referencing the procedure followed.
• NDIS Practice Standards Core 14.2: The participant is told how the incident involving them was handled. (when: an NDIS participant was affected)
  evidence to keepRecord of information given to the participant.
• NDIS Practice Standards Core 7.3: Allegations of violence, abuse, neglect, exploitation or discrimination are acted on and prevented from recurring. (when: abuse, neglect or assault of an NDIS participant)
  evidence to keepActions taken to support the participant and prevent recurrence.
• NDIS Practice Standards Core 26.2: Workers know what to do if a medication incident occurs. (when: a medication incident and an NDIS participant was affected)
  evidence to keepRefresher record for the workers involved.
• NDIS Practice Standards Core 7.2: After an allegation of abuse or neglect the participant is helped to reach an advocate. (when: abuse, neglect or assault of an NDIS participant)
  evidence to keepRecord of the advocate information given and any referral.

NDIS Incident Management Rules

• Incident Rules s 20(1), (2): Rules s 20 lists death, serious injury, abuse or neglect, assault or sexual or physical contact of the kinds it names, and sexual misconduct as priority reportable incidents, notified within 24 hours. (when: an NDIS participant, and one of the s 20 kinds)
  evidence to keepImmediate notification: time aware, time notified, reference, notifier.
• Incident Rules s 20(4): Priority incidents also need witnesses and further actions within 5 business days. (when: an NDIS participant, and one of the s 20 kinds)
  evidence to keepFive business day notice lodged, dated.
• Incident Rules s 21: Rules s 21 sends a reportable incident that is not one of the 24-hour kinds in s 20 within 5 business days after becoming aware; in practice a restrictive practice used without the state or territory authorisation, or an authorised use outside the behaviour support plan. (when: an NDIS participant, and an unauthorised regulated restrictive practice)
  evidence to keepNotification lodged within 5 business days, dated.
• Incident Rules s 19: Workers tell key personnel, a supervisor or the nominated person as soon as possible. (when: an NDIS reportable incident)
  evidence to keepRecord of when the worker told the nominated person.
• Incident Rules s 12(3): Alleged reportable incidents carry an additional minimum record. (when: an NDIS reportable incident)
  evidence to keepReportable incident record with the s 12(3) details.
• Incident Rules s 12(2): Every incident needs the minimum details recorded. (when: an NDIS participant was affected)
  evidence to keepIncident register entry with the s 12(2) details.
• Incident Rules s 10(3), (4): Every incident is assessed with the affected person views, including whether others must be notified. (when: an NDIS participant was affected)
  evidence to keepIncident assessment: preventable, management, remedial action, who else notified.
• Incident Rules s 20(3): If too little is known within 24 hours, the notice still goes with what is known, and the rest follows within 5 business days. (when: an NDIS participant, and one of the s 20 kinds)
  evidence to keepRecord of what was given in the 24 hour notice and what followed.
• Incident Rules s 23: Significant new information that changes the kind of incident goes to the Commissioner as soon as reasonably practicable. (when: an NDIS reportable incident)
  evidence to keepUpdate log for the incident: date and what changed.
• Incident Rules s 25: The reportable incident record is kept for 7 years from notification. (when: an NDIS reportable incident)
  evidence to keepRetention date on the reportable incident record.
• Incident Rules s 12(4): Every incident record is kept for 7 years from the day it is made. (when: an NDIS participant was affected)
  evidence to keepRetention date on the incident record.

NDIS Code of Conduct

• Code of Conduct s 6(1)(f): Every Code-covered person prevents and responds to violence, exploitation, neglect and abuse. (when: abuse, neglect or assault of an NDIS participant)
  evidence to keepResponse record and any worker conduct action.
• Code of Conduct s 6(1)(e): Concerns about quality and safety are raised and acted on promptly. (when: an NDIS participant was affected)
  evidence to keepRecord of who raised the concern and the action taken.

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