Reportable incidents

As a registered NDIS provider, you must notify the NDIS Commission of all reportable incidents (including alleged reportable incidents) that occur (or are alleged to have occurred) in connection with the provision of NDIS supports or services you deliver.

This is a condition of your NDIS registration.

What is a 'Reportable Incident' 

And when to I need to report it to the NDIS Commission?

For an incident to be reportable, a certain act or event needs to have happened (or be alleged to have happened) *in connection with the provision of supports or services. This includes:

• the death of a person with disability
• serious injury of a person with disability
• abuse or neglect of a person with disability
• unlawful sexual or physical contact with, or assault of, a person with disability
• sexual misconduct, committed against, or in the presence of, a person with disability, including grooming of the person with disability for sexual activity
• use of a restrictive practice in relation to a person with disability where:
  •  the use is not in accordance with how a state/territory authorises its use, OR
  • if it is used according to that authorisation but not in accordance with a behaviour support plan for the person with disability
  • NOTE: if there is no authorisation process for the use of the restrictive practice in the state/territory, its use is not a reportable incident if the use is in accordance with a behaviour support plan.

*It covers incidents that:

• May have occurred during the course of supports being provided
• Arise out of the provision, alteration or withdrawal of supports.
• May not have occurred during the provision of supports but are connected because it arose out of the provision of supports. Reportable Incidents could occur in a variety of settings but as long as there is a connection with the service delivery by a registered NDIS provider, then they must be notified to the Commission. 

When the Commission receives a reportable incident report they may:

• require you to undertake specified remedial steps,
• carry out an internal investigation about the incident,
• engage an independent expert to investigate and report on the incident. 

If a reportable incident raises a serious compliance issue, the NDIS Q&S have powers to take regulatory action. They can conduct their own investigation and take appropriate enforcement or compliance action such as:

• issuing an infringement notice,
• a compliance notice or a
• sking a court to impose a civil penalty for a breach of the NDIS Act.

I have recorded details of an incident in my internal incident management system, do I still need to notify the NDIS Commission?

All incidents that happen in the delivery of NDIS supports and services are to be recorded and managed in your internal incident management system. You must notify all Reportable Incidents (including allegations) to the NDIS Commission, even where you have acted and responded within your own incident management system. Reporting a serious incident or allegation to the NDIS Commission does not replace your existing obligations to report suspected crimes to the police and other relevant authorities.

How to submit a report to the NDIS Commission for a Reportable Incident

1. Notify the Commission within 24 hrs by submitting an Immediate Notification Form
2. Submit a 5 Day form via the ‘My Reportable Incidents’ in your Commission portal within 5 business days 
3. Submit a final report, if required - NDIS Commission will notify you via email and tell you the date this is due..

There are key considerations for registered NDIS providers. In all cases, providers must assess:

• The impact on the NDIS participant.
• Whether the incident could have been prevented.
• How the incident was managed and resolved.
• What, if any, changes will prevent further similar events occurring.
• Whether other persons or bodies need to be notified.

See a guide here 

Timeframes for notifying the NDIS Commission about reportable incidents

• death of a person with disability - 24 hours
• serious injury of a person with disability - 24 hours
• abuse or neglect of a person with disability- 24 hours
• unlawful sexual or physical contact with, or assault of, a person with disability - 24 hours
• sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity - 24 hours
• the use of a restrictive practice in relation to a person with disability if the use is not in accordance with a required state or territory authorisation and/or not in accordance with a behaviour support plan - 5 business days