Document ID: chunk:federal_register_of_legislation:C2021A00009:clause:1_2:p1
Version: federal_register_of_legislation:C2021A00009
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/5)
Character Range: 4594–7508

2  At the end of Division 54
Add:

54‑3  Reportable incidents
 (1) When making provision in relation to an incident management system for the purposes of subparagraph 54‑1(1)(e)(i), the Quality of Care Principles must make provision for dealing with *reportable incidents.
 (2) A reportable incident is any of the following incidents that have occurred, are alleged to have occurred, or are suspected of having occurred, in connection with the provision of residential care, or flexible care provided in a residential setting, to a *residential care recipient of an approved provider:
 (a) unreasonable use of force against the residential care recipient;
 (b) unlawful sexual contact, or inappropriate sexual conduct, inflicted on the residential care recipient;
 (c) psychological or emotional abuse of the residential care recipient;
 (d) unexpected death of the residential care recipient;
 (e) stealing from, or financial coercion of, the residential care recipient by a *staff member of the provider;
 (f) neglect of the residential care recipient;
 (g) use of physical restraint or chemical restraint in relation to the residential care recipient (other than in circumstances set out in the Quality of Care Principles);
 (h) unexplained absence of the residential care recipient from the residential care services of the provider.
 (3) A person is a residential care recipient of an approved provider if:
 (a) the person is receiving residential care, or flexible care provided in a residential setting, in respect of which the provider is approved; and
 (b) either:
 (i) *subsidy is payable for provision of the care to the person; or
 (ii) the person is approved under Part 2.3 as the recipient of the care.
 (4) The Quality of Care Principles may define or clarify an expression used in paragraph (2)(a), (b), (c), (d), (e), (f) or (h).
 (5) Despite subsection (2), the Quality of Care Principles may provide as follows:
 (a) that a specified act, omission or event involving a *residential care recipient is a reportable incident;
 (b) that a specified act, omission or event involving a residential care recipient is not a reportable incident.
 (6) Without limiting subsection (1), the Quality of Care Principles may deal with the following matters:
 (a) the manner and period within which *reportable incidents must be reported to the *Quality and Safety Commissioner;
 (b) action that must be taken in relation to reportable incidents;
 (c) authorising the provision of information relating to reportable incidents to the Minister, the Quality and Safety Commissioner or other specified bodies.
Note: Rules under section 21 of the Quality and Safety Commission Act may make provision for, or in relation to, the Quality and Safety Commissioner's functions and powers in dealing with reportable incidents.
 (7) Without limiting paragraph (6)(b), action may include:
 (a) requiring an approved provider