Cast your mind to headline news, and chances are you've been exposed to coverage of confronting cases of abuse or neglect of people with disability.
Taking action when risks are identified or serious incidents occur is a fundamental responsibility we all have as humans, and in the National Disability Insurance Scheme (NDIS) it’s also a condition of provider registration.
Registered providers have a wide array of responsibilities towards participants in the Scheme, including telling authorities about reportable incidents – events or allegations that need to be swiftly recognised and acted upon – and there are consequences when those obligations aren’t met.
But not every provider knows what a reportable incident is, what to do if they become aware of one, or what the extent of their responsibility to participants and others is. That’s why we went to Belinda Toohey, Director of disability service provider, Including You, to unpack this topic.
Belinda works with NDIS participants and has a wealth of knowledge in the area of reportable incidents. Here’s what she told us.
A. Reportable incidents in the NDIS context are serious events or allegations involving NDIS participants that require notification to the NDIS Quality and Safeguards Commission (known as the NDIS Commission). They can include:
There may be incidents that don’t sit clearly in these areas. If in doubt about whether an incident is reportable, I suggest making a phone call to the NDIS Commission to discuss the situation.
A. When a reportable incident is reported, it lets the NDIS Commission investigate, provide support, and take action to prevent future occurrences.
You cannot only rely on the NDIS Commission to investigate or take action – it’s responsible for participants and the Scheme itself. Providers also have to investigate and provide reports to the NDIS Commission and, depending on the type of incident, the Commission will call the provider back and work with them.
When a reportable incident isn’t reported, it risks the safety of participants and can also result in regulatory consequences for providers. It shows a lack of accountability.
When a provider tries to hide something or doesn’t act, it usually comes out somewhere else too, and we know there are serious consequences when providers don’t report.
We’ve seen an increase in banning orders and also an upturn in the number of providers being shut down due to lack of reporting, which places participants at risk. In extreme circumstances, this risk has resulted in the death of a participant.
A. Providers are obligated to promptly report incidents to the NDIS Commission to prioritise participant safety, adhere to regulations, and uphold trust. This commitment fosters transparency, ensures accountability, and enhances service quality.
Given the vulnerability of our cohort, who are at higher risk of abuse and mistreatment, regulatory oversight is crucial. The NDIS Commission offers comprehensive reporting guidelines and resources on its website, serving as a valuable reference for providers when reporting incidents. This ensures reporting is accurate, timely, and in line with regulatory requirements, ultimately supporting a safer and more accountable environment for NDIS participants.
It’s every provider’s role to build a culture that encourages reporting and ensures zero tolerance for anyone breaching the NDIS Code of Conduct.
A. Providers are required to report incidents to the NDIS Commission within 24 hours of becoming aware of them. Additionally, they must submit a follow-up report five days later to provide further details and updates on the incident, as outlined in the reporting guidelines.
Reporting is done through the NDIS Commission's website, with designated roles within the organisation for notifying and approving incidents submitted to the Commission.
The obligations of reporting include ensuring the accuracy of information, cooperating fully with investigations, and implementing corrective measures as necessary. In cases of uncertainty, providers are encouraged to contact the NDIS Commission for guidance and clarification. The NDIS Commission will then determine the appropriate actions to take based on the information provided.
When reporting, it's essential to include:
If you’re a provider who’s reporting an incident to the police, be sure to ask the responder for their badge number and the police station they’re working from. The NDIS Commission will ask you for this information so it can follow up with the correct person.
This structured reporting process ensures compliance with regulations, supports effective incident management, and contributes to maintaining a safe environment for NDIS participants.
It’s important that every provider understands the process for reportable incidents, and also that the NDIS Commission’s reportable incident process isn’t that easy to use and the response time varies from one or two days to six months (depending on the type of incident and those involved).
A. Handling uncertain incidents within the NDIS framework requires a careful and proactive approach to ensure participant safety and regulatory compliance.
When faced with incidents where there’s uncertainty or suspicion, providers are encouraged to adhere to the following guidelines:
1. Prompt reporting – Despite uncertainties, if there’s any suspicion that an incident may compromise participant safety or wellbeing, it should be reported promptly to the NDIS Commission. Early reporting allows for timely intervention and investigation.
2. Thorough documentation – Document all relevant details and observations related to the incident. This includes dates, times, individuals involved, and any other pertinent information that could aid in understanding the situation.
3. Seek guidance – If unsure about whether an incident should be reported, providers should reach out to the NDIS Commission for clarification and guidance. The Commission can provide specific advice based on the nature of the incident and help with navigating reporting requirements.
4. Internal review – Conduct an internal review or assessment of the incident. This may involve gathering additional information, consulting with relevant staff, and assessing potential risks or implications.
5. Participant support – Ensure affected participants receive appropriate support and assistance. This may involve coordinating with other service providers, healthcare professionals, or advocacy services as necessary.
6. Compliance with policies – Follow internal policies and procedures regarding incident management and reporting. This helps maintain consistency and ensures all incidents are handled in accordance with regulatory standards.
7. Continuous improvement – Use incidents as learning opportunities to improve practices and policies. This may involve reviewing existing protocols, providing additional training to staff, or implementing preventive measures to minimise future incidents.
By following these guidelines, providers can effectively manage uncertain incidents within the NDIS framework, prioritise participant safety, and uphold the integrity of disability support services. This approach not only ensures compliance with reporting requirements but also promotes a proactive stance towards safeguarding the wellbeing of NDIS participants.
A. Exemptions or variations can be considered in specific circumstances. These might include situations where a provider’s governed by other regulatory bodies that have similar requirements, or where the NDIS Commission determines that certain conditions warrant an exemption or variation.
If you have a specific situation in mind, it's best to contact the NDIS Commission directly or seek advice from a legal or compliance expert familiar with NDIS regulations.
The NDIS does offer anonymity and protection when reporting events and it’s best to call the NDIS Commission to talk this through. There are privacy laws in place, but there may be instances where the notifier’s identity may need to be known, depending on the reporting of the situation. In these instances, the NDIS Commission with let you know and support you through the process.
A. Providers should educate staff on reporting protocols, maintain detailed records, and seek guidance from the NDIS Commission resources or even from legal counsel when needed. They can also engage participant advocates for support.
Effective incident reporting in the NDIS is essential for safeguarding participants, ensuring accountability, and improving service quality.
Providers must adhere to reporting guidelines, prioritise participant safety, and seek support when uncertain about reporting obligations or incidents. They also need to follow the NDIS Code of Conduct and their own internal policies and procedures before reporting a reportable incident to the NDIS Commission.
Making sure providers and their teams understand what human rights are and how they apply them when carrying out their jobs is also a good guide to measure what’s acceptable and what isn’t.
