Document ID: chunk:federal_register_of_legislation:F2023L01726:reg:31
Version: federal_register_of_legislation:F2023L01726
Segment Type: reg
Provision Reference: reg 31
Character Range: 31004–33037

31  Action by the Department in relation to reportable incidents
 (1) The Department may, upon receiving notification that a reportable incident has occurred in connection with the provision of supports or services by a covered person, do one or more of the following:
 (a) refer the incident to another person or body with responsibility in relation to the incident (such as a State or Territory agency responsible for child protection);
 (b) require or request the covered person to undertake specified remedial action in relation to the incident within a specified period, including remedial action to ensure the health, safety and wellbeing of persons with disability affected by the incident;
 (c) require the covered person to carry out an internal investigation in relation to the incident, in the manner and within the timeframe specified in by the Department, and to provide a report on the investigation to the Department;
 (d) require the covered person to engage an appropriately qualified and independent expert, at the expense of the covered person, to carry out an investigation in relation to the incident, in the manner and within the timeframe specified by the Department, and to provide a report on the investigation to the Department;
 (e) take any other action that the Department considers reasonable in the circumstances.
Note: The Department may also share information in relation to a reportable incident in accordance with section 29 of the Act.
 (2) If an investigation is carried out under paragraph (1)(c) or (d) in relation to a reportable incident, the Department may take any action that the Department considers appropriate.
 (3) Without limiting subsection (2), the Department may provide, or require the covered person to provide, information on the progress or outcome of the investigation to:
 (a) the person with disability involved in the incident (or a representative of the person); and
 (b) with the consent of the person with disability (or a representative of the person)—any other person.