Document ID: chunk:federal_register_of_legislation:F2024C00843:reg:15na:p1
Version: federal_register_of_legislation:F2024C00843
Segment Type: reg
Provision Reference: reg 15NA (pt 1/3)
Character Range: 83524–86267

15NA  What is a reportable incident?
 (1) This section is made for the purposes of subsection 54‑3(4) of the Act. It defines or clarifies the meaning of expressions used in paragraph 54‑3(2)(a), (b), (c), (d), (e), (f) or (h) of the Act.
Note 1: Under subsection 54‑3(2) of the Act a reportable incident is any of the incidents in paragraphs 54‑3(2)(a) to (h) of the Act that have occurred, are alleged to have occurred, or are suspected of having occurred, in connection with the provision of aged care to a care recipient of an approved provider. See also subsection 15K(2) of this instrument for incidents to which this Part applies.
Note 2: The use of a restrictive practice in relation to the care recipient (other than in circumstances set out in this instrument) is also a reportable incident: see paragraph 54‑3(2)(g) of the Act and Part 4A of this instrument.
Note 3: Subsection 54‑3(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 54‑3(2) of the Act in this regard. See sections 15NAA and 15NB of this instrument which are made for the purpose of subsection 54‑3(5) of the Act.

Unreasonable use of force
 (2) In paragraph 54‑3(2)(a) of the Act, the expression "unreasonable use of force against the care recipient" includes conduct ranging from a deliberate and violent physical attack to use of unwarranted physical force.
 (3) To avoid doubt, that expression does not cover gently touching the care recipient:
 (a) for the purposes of providing care; or
 (b) to attract the care recipient's attention; or
 (c) to guide the care recipient; or
 (d) to comfort the care recipient when the recipient is distressed.

Unlawful sexual contact, or inappropriate sexual conduct
 (4) In paragraph 54‑3(2)(b) of the Act, the expression "unlawful sexual contact, or inappropriate sexual conduct, inflicted on the care recipient" includes the following:
 (a) if the contact or conduct is inflicted by a person who is a staff member of the approved provider or a person while the person is providing care or services for the provider (such as while volunteering)—the following:
 (i) any conduct or contact of a sexual nature inflicted on the care recipient, including (without limitation) sexual assault, an act of indecency and the sharing of an intimate image of the care recipient;
 (ii) any touching of the care recipient's genital area, anal area or breast in circumstances where this is not necessary to provide care or services to the care recipient;
 (b) any non‑consensual contact or conduct of a sexual nature, including (without limitation) sexual assault, an act of indecency and the sharing of an intimate image