Document ID: chunk:federal_register_of_legislation:F2018L00633:reg:16
Version: federal_register_of_legislation:F2018L00633
Segment Type: reg
Provision Reference: reg 16
Character Range: 19310–21566

16  What is a reportable incident?
 (1) This section is made for the purposes of subsection 73Z(5) of the Act.
Note 1: Subsection 73Z(4) of the Act provides that reportable incident means:
(a) the death of a person with disability; or
(b) serious injury of a person with disability; or
(c) abuse or neglect of a person with disability; or
(d) unlawful sexual or physical contact with, or assault of, a person with disability; or
(e) sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity; or
(f) the use of a restrictive practice in relation to a person with disability, other than where the use is in accordance with an authorisation (however described) of a State or Territory in relation to the person.
Note 2: Subsection 73Z(5) of the Act allows this instrument to provide that specified acts, omissions or events are, or are not, reportable incidents. This instrument can override subsection 73Z(4) of the Act in this regard.
 (2) An act specified in paragraph 73Z(4)(d) of the Act that occurs in relation to a person with disability is not a reportable incident if:
 (a) the act is unlawful physical contact with a person with disability; and
 (b) the contact with, and impact on, the person with disability is negligible.
 (3) Despite paragraph 73Z(4)(f) of the Act, the use of a restrictive practice in relation to a person with disability where the use is in accordance with an authorisation (however described) of a State or Territory is a reportable incident if the use is not in accordance with a behaviour support plan for the person with disability.
Note: See also subsection 73Z(4) of the Act, which sets out the definition of reportable incidents.
 (4) Despite paragraph 73Z(4)(f) of the Act, the use of a restrictive practice in relation to a person with disability where the use is not in accordance with an authorisation (however described) of a State or Territory is not a reportable incident if:
 (a) the use is in accordance with a behaviour support plan for the person with disability; and
 (b) the State or Territory in which the restrictive practice is used does not have authorisation process in relation to the use of the restrictive practice.