Document ID: chunk:federal_register_of_legislation:F2018L00633:reg:26
Version: federal_register_of_legislation:F2018L00633
Segment Type: reg
Provision Reference: reg 26
Character Range: 31416–33710

26  Action by the Commissioner in relation to reportable incidents
 (1) The Commissioner may, upon receiving notification that a reportable incident has occurred in connection with the provision of supports or services by a registered NDIS provider, do one or more of the following:
 (a) refer the incident to another person or body with responsibility in relation to the incident (such as a State or Territory agency responsible for child protection);
 (b) require or request the provider to undertake specified remedial action in relation to the incident within a specified period, including remedial action to ensure the health, safety and wellbeing of persons with disability affected by the incident;
 (c) require the provider to carry out an internal investigation in relation to the incident, in the manner and within the timeframe specified in by the Commissioner, and to provide a report on the investigation to the Commissioner;
 (d) require the provider to engage an appropriately qualified and independent expert, at the expense of the provider, to carry out an investigation in relation to the incident, in the manner and within the timeframe specified in by the Commissioner, and to provide a report on the investigation to the Commissioner;
 (e) carry out an inquiry in relation to the incident in accordance with section 27;
 (f) take any other action that the Commissioner considers reasonable in the circumstances.
Note: The Commissioner may also share information in relation to a reportable incident in accordance with section 67E of the Act and the National Disability Insurance Scheme (Protection and Disclosure of Information—Commissioner) Rules 2018.
 (2) If an investigation is carried out under paragraph (1)(c) or (d) in relation to a reportable incident, the Commissioner may take any action that the Commissioner considers appropriate.
 (3) Without limiting subsection (2), the Commissioner may provide, or require the registered NDIS provider to provide, information on the progress or outcome of the investigation to:
 (a) the person with disability involved in the incident (or a representative of the person); and
 (b) with the consent of the person with disability (or a representative of the person)—any other person.

Part 4—Inquiries by the Commissioner