Document ID: chunk:federal_register_of_legislation:F2024C00843:reg:15nb:p1
Version: federal_register_of_legislation:F2024C00843
Segment Type: reg
Provision Reference: reg 15NB (pt 1/2)
Character Range: 90138–92790

15NB  What is not a reportable incident?
 (1) This section is made for the purposes of paragraph 54‑3(5)(b) of the Act. Despite subsection 54‑3(2) of the Act, an incident covered by one of the following subsections is not a reportable incident.
 (2) Despite paragraph 54‑3(2)(g) of the Act, the use of a restrictive practice in relation to a care recipient is not a reportable incident if:
 (a) the use of the restrictive practice is in a transition care program in a residential care setting; and
 (b) the use is in accordance with Part 4A of this instrument (assuming that that Part applied to the care recipient in relation to that care).
 (2A) Despite paragraph 54‑3(2)(g) of the Act, the use of a restrictive practice in relation to a care recipient is not a reportable incident if:
 (a) the restrictive practice is used in the course of providing home care or flexible care in a community setting; and
 (b) before the restrictive practice is used, the following matters were set out in the care and services plan for the care recipient:
 (i) the circumstances in which the restrictive practice may be used in relation to the recipient, including the recipient's behaviours of concern that are relevant to the need for the use;
 (ii) the manner in which the restrictive practice is to be used, including its duration, frequency and intended outcome; and
 (c) the restrictive practice is used:
 (i) in the circumstances set out in the plan; and
 (ii) in the manner set out in the plan; and
 (iii) in accordance with any other provisions of the plan that relate to the use; and
 (d) details about the use of the restrictive practice are documented as soon as practicable after the restrictive practice is used.
 (3) Despite subsection 54‑3(2) of the Act, an incident is not a reportable incident if the incident results from the residential care recipient deciding to refuse to receive care or services offered by the approved provider.
 (4) Despite subsection 54‑3(2) of the Act, an incident is not a reportable incident if:
 (a) the incident occurred, is alleged to have occurred, or is suspected of having occurred, in connection with the provision of home care, or flexible care provided in a community setting, to a care recipient by an approved provider; and
 (b) apart from this subsection, the incident would be a reportable incident under paragraph 54‑3(2)(f) of the Act (which deals with neglect of care recipients), but would not otherwise be a reportable incident; and
 (c) the incident results from a choice made by the care recipient about the care or services the approved provider is to provide to the care recipient, or how the care