Document ID: chunk:federal_register_of_legislation:F2018L00633:reg:20:p1
Version: federal_register_of_legislation:F2018L00633
Segment Type: reg
Provision Reference: reg 20 (pt 1/2)
Character Range: 22754–25593

20  Certain reportable incidents must be notified to the Commissioner within 24 hours
 (1) This section applies if:
 (a) a registered NDIS provider becomes aware that a reportable incident has occurred in connection with the provision of supports or services by the provider; and
 (b) the reportable incident is:
 (i) the death of a person with disability; or
 (ii) the serious injury of a person with disability; or
 (iii) the abuse or neglect of a person with disability; or
 (iv) the unlawful sexual or physical contact with, or assault of, a person with disability; or
 (v) sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity.
Note: For the purposes of subparagraph (b)(iv), certain physical contact is not a reportable incident and so is not covered by the requirements of this section (see subsection 16(2)).
 (2) Subject to subsection (3), the registered NDIS provider must notify the Commissioner of the following information within 24 hours:
 (a) the name and contact details of the registered NDIS provider;
 (b) a description of the reportable incident;
 (c) except for a reportable incident of a kind covered by subparagraph (1)(b)(i)—a description of the impact on, or harm caused to, the person with disability;
 (d) the immediate actions taken in response to the reportable incident, including actions taken to ensure the health, safety and wellbeing of persons with disability affected by the incident and whether the incident has been reported to police or any other body;
 (e) the name and contact details of the person making the notification;
 (f) if known—the time, date and place at which the reportable incident occurred;
 (g) the names and contact details of the persons involved in the reportable incident;
 (h) any other information required by the Commissioner.
Note: The information required by paragraphs (b), (c), (f) and (g) may not need to be given in certain circumstances (see section 22).
 (3) If, within 24 hours after the provider became aware that the incident occurred, insufficient information is available to comply with subsection (2), the provider must:
 (a) provide the information mentioned in paragraphs (2)(a) to (e) within the 24 hour period; and
 (b) provide the remaining information required by that subsection within 5 business days after the provider became aware that the incident occurred.
 (4) The registered NDIS provider must notify the Commissioner of the following information within 5 business days after the provider became aware that the incident occurred:
 (a) the names and contact details of any witnesses to the reportable incident;
 (b) any further actions proposed to be taken in response to the reportable incident.
 (5) A notification in accordance with subsection (2) may be given