Document ID: chunk:federal_register_of_legislation:F2023L01726:reg:13
Version: federal_register_of_legislation:F2023L01726
Segment Type: reg
Provision Reference: reg 13
Character Range: 11754–14152

13  Simplified outline of this Part

      This Part requires all covered persons to implement and maintain a system to record and manage certain incidents that happen in connection with providing supports or services to people with disability.
      The incidents that must be recorded and managed are:
             (a) incidents that have, or could have, caused harm to a person with disability receiving supports or services; and
             (b) acts by a person with disability that happen in connection with the provision of supports or services and that have caused serious harm, or a risk of serious harm, to another person; and
             (c) reportable incidents that are alleged to have occurred in connection with the provision of supports or services.
      The incident management system must set up procedures for identifying, assessing, managing and resolving such incidents. These procedures must specify things such as the people to whom incidents must be reported, how people with disability affected by an incident will be supported and involved in resolving the incident and when corrective action is required.
      Covered persons must keep records about incidents, and must document their incident management system. Copies of the documented system must be available to certain people, including workers and persons with disability receiving supports or services from the covered person.
      Certain incidents that happen, or are alleged to have happened, in connection with the provision of supports or services by covered persons are known as reportable incidents. These incidents include the death, serious injury, abuse or neglect of a person with disability and the use of restrictive practices in particular circumstances.
      If a reportable incident occurs, or is alleged to have occurred, the covered person must give details about the incident to the Department. Details of certain incidents (such as the death of a person with disability) must be notified within 24 hours.
      Covered persons must keep records about reportable incidents.
      If the Department is notified about a reportable incident, the Department may take certain action, including requiring the covered person to undertake specified remedial action, carry out an internal investigation about the incident or engage an independent expert to investigate and report on the incident.