Document ID: chunk:federal_register_of_legislation:F2024C00933:reg:95m
Version: federal_register_of_legislation:F2024C00933
Segment Type: reg
Provision Reference: reg 95M
Character Range: 139993–142304

95M  Commissioner may deal with a reportable incident by taking certain action
 (1) This section applies if a service provider of a Commonwealth‑funded aged care service notifies the Commissioner of a reportable incident for the service provider in accordance with the funding agreement that relates to the service.
 (2) The Commissioner may do any one or more of the following:
 (a) refer the reportable incident to whichever of the following the Commissioner considers appropriate:
 (i) the Australian Federal Police;
 (ii) the police force or police service of a State or Territory;
 (b) refer the reportable incident to a person or body with responsibilities in relation to the incident;
 (c) require or request the service provider to undertake specified remedial action in relation to the reportable incident within a specified period, including remedial action to ensure the safety, health and well‑being of a recipient of the Commonwealth‑funded aged care service affected by the incident;
 (d) require the service provider:
 (i) to carry out an internal investigation of the reportable incident in the manner, and within the period, specified by the Commissioner; and
 (ii) to give the Commissioner a report of the investigation in the manner, and within the period, specified by the Commissioner;
 (e) require the service provider to give the Commissioner, within the period specified in subsection (3), a final report about the reportable incident that includes information specified by the Commissioner;
 (f) take any other action to deal with the reportable incident that the Commissioner considers reasonable in the circumstances.
 (3) The period for the purposes of paragraph (2)(e) is:
 (a) the period of 84 days starting on the day after the requirement under that paragraph is made; or
 (b) such other period as is specified by the Commissioner.
 (4) If the Commissioner is given a report of an internal investigation of a reportable incident carried out by a service provider, the Commissioner may take any action to deal with the outcome of the investigation that the Commissioner considers appropriate.
 (5) If the Commissioner is given a final report about a reportable incident, the Commissioner may take any action in response to the report that the Commissioner considers appropriate.