Document ID: chunk:federal_register_of_legislation:F2018L00633:front:0:p1
Version: federal_register_of_legislation:F2018L00633
Segment Type: other
Provision Reference: 
Character Range: 0–3812

National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018
I, Graeme Head, as delegate of the Minister for Social Services, make the following rules.

Dated  17 May 2018

Graeme Head
Commissioner of the NDIS Quality and Safeguards Commission

Contents
Part 1—Preliminary
1 Name...............................................
2 Commencement.........................................
3 Authority.............................................
4 Definitions............................................
Part 2—Incident management systems for registered NDIS providers
Division 1—Introduction
5 Simplified outline of this Part.................................
6 Purpose of this Part.......................................
7 Incidents that are also reportable incidents..........................
Division 2—Incident management system requirements
8 System must comply with this Division...........................
9 Incidents that must be covered.................................
10 Incident management system procedures..........................
11 System must afford procedural fairness...........................
12 Documentation, record keeping and statistics........................
13 Roles, responsibilities, compliance and training of workers................
Part 3—Reportable incidents
14 Simplified outline of this Part.................................
15 Purpose of this Part.......................................
16 What is a reportable incident?.................................
17 Reportable incidents include alleged reportable incidents.................
18 Duty of key personnel of registered NDIS providers in relation to reportable incidents
19 Duty of workers to notify registered NDIS provider of reportable incidents......
20 Certain reportable incidents must be notified to the Commissioner within 24 hours..
21 Other reportable incidents must be notified to the Commissioner within 5 business days
22 Circumstances in which certain information relating to reportable incidents need not be obtained or notified
23 Keeping the Commissioner updated.............................
24 Providing the Commissioner with a final report......................
25 Record keeping.........................................
26 Action by the Commissioner in relation to reportable incidents.............
Part 4—Inquiries by the Commissioner
27 Inquiries by the Commissioner in relation to reportable incidents............
Part 5—Other matters
28 Commissioner must comply with procedural fairness rules................
29 Commissioner may take action under the Act........................
Preamble
  The National Disability Insurance Scheme (NDIS) represents a fundamental change to how supports for people with disability are funded and delivered across Australia. The NDIS is designed to produce major benefits for people with disability, their families and the broader community.
  The NDIS Quality and Safeguards Commission is responsible for a range of functions under the National Quality and Safeguarding Framework aimed at protecting and preventing harm to people with disability in the NDIS market. The Commission will build the capability of NDIS participants and providers to uphold the rights of people with disability and realise the benefits of the NDIS. The legislation underpinning the NDIS is intended to support participants to be informed purchasers and consumers of NDIS supports and services and to live free from abuse, neglect, violence and exploitation.
  Registered NDIS providers must establish incident management arrangements to enable the identification of systemic issues and drive improvements in the quality of the supports they deliver. Providers must also notify, investigate and respond to reportable incidents.
  The NDIS Quality