Incident Management: NDIS Provider Governance and Management
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Updated 18 Jul 2024
All registered providers of National Disability Insurance Scheme (NDIS) services are expected to meet specific criteria relating to incident management (NDIS 2022a).
Incident management is crucial to ensuring safe and high-quality supports and services for NDIS participants (NDIS 2022a).
Incident Management in the NDIS Practice Standards
NDIS participants are provided with information related to incident management, including how incidents that involve the participant have been managed.
There is demonstrated continuous improvement of the provider’s incident management system through:
Regular reviews of policies and procedures
Reviews of the causes, handling and outcomes of incidents
Input from participants and staff
The use of feedback.
All staff are aware of, trained in, and comply with incident management procedures.
(NDIS 2021)
What is an Incident?
Firstly, let’s define the term incident.
Under the NDIS, an incident is an act, omission, event or circumstance that meets certain criteria. An incident may be:
An act, omission, event or circumstance that occurred in connection to the provision of care to an NDIS participant that did, or could have, resulted in harm to the participant.
An act performed by an NDIS participant in connection with the provision of care that caused serious harm, or the risk of serious harm, to another person.
A reportable incident that occurred, or was alleged to have occurred, in connection to the provision of care to an NDIS participant.
(NDIS 2022a)
The phrase ‘in connection with’ is purposely broad in order to cover incidents that:
Occur during the provision of supports or services
Occur due to the provision, alteration or withdrawal of supports or services
Occur due to the provision of care, but not necessarily during the provision of supports or services.
(NDIS 2019)
Where Might Incidents Occur?
The NDIS participant’s home
A residential care setting
Supported accommodation
The premises of the provider
In the community (if the provider is supporting the participant in accessing the community).
(NDIS 2019)
What is a Reportable Incident Under the NDIS?
Reportable incidents are actual or alleged events that the NDIS Commission must be notified of. These include the following events that occur in connection with the provision of care:
Reportable Incident
Examples
Death of an NDIS participant
Any deaths that occur in connection with the provision of NDIS supports, including:
Natural deaths
Unnatural deaths
Expected deaths
Unexpected deaths
Serious injury of an NDIS participant
Fractures
Burns
Deep cuts
Extensive bruising
Head or brain injuries (e.g. concussion, loss of consciousness)
Injuries requiring admission to hospital
Abuse or neglect of an NDIS participant
Physical abuse
Psychological or emotional abuse
Financial abuse
Systemic abuse
Grossly inadequate care
Failure to access medical care
Neglect by a supervisor
A reckless act or failure to act
Failure to protect a participant from abuse
Unlawful sexual or physical contact with, or assault of, an NDIS participant (unless where contact is made but it is considered negligible)
Sexual assault or coercion into sexual acts
Indecent assault (e.g. non-consensual kissing or touching)
Unjustified physical force or causing reasonable fear of unjustified physical force
Physical harm caused by recklessness
Assault (e.g. hitting, pushing, shoving, spitting, throwing objects, making threats of physical harm)
Common assault (where physical contact is made, but no injury is sustained)
Sexual misconduct committed against, or in the presence of, an NDIS participant
Unlawful sexual conduct (e.g. acts of indecency, filming for sexual purposes without consent, pornography offences)
Sexually explicit comments or overtly sexual behaviour (e.g. inappropriate sexual conversations, exposure to sexual behaviour, watching someone undress when supervision is not required)
Crossing professional boundaries with sexual implications
Grooming (e.g. inappropriate gift-giving, giving special favours, inappropriate touching, inappropriate personal communication)
Unauthorised use of restrictive practice against an NDIS participant
These incidents must be reported to the NDIS Commission within 24 hours of key personnel from the provider becoming aware of the event or alleged event (within five business days for restrictive practices) (NDIS 2022b).
Notification of Reportable Incidents to the NDIS
The notification must include:
Name and details of the NDIS provider
Name and details of the person making the notification
Name and details of the people involved in the reportable incident (including the NDIS participant)
Name and details of any subjects of the allegation
Description of the reportable incident
Time, date and place of the incident (if known)
Description of the impact or harm caused to the NDIS participant (except for cases of death)
Immediate actions that were taken in response to the incident, including:
Actions related to the health, safety and wellbeing of the NDIS participant
Any medical treatment that was provided
Whether the incident was reported to police or other authorities.
(NDIS 2019)
What is an Incident Management System?
The term incident management system describes a group of processes and procedures for managing incidents. If implemented effectively, an incident management system may reduce the risk of preventable death or injury (NDIS 2022a).
NDIS providers are responsible for establishing and maintaining an incident management system that addresses any incidents that occur while providing services and supports (NDIS 2022a).
An appropriate incident management system should include procedures for:
Identifying incidents
Assessing incidents
Recording incidents
Managing incidents
Resolving incidents
Reporting incidents.
(NDIS 2022a)
The Incident Management Process
A staff member identifies an incident or is informed of an allegation of an incident.
The staff member immediately acts to ensure the affected person’s safety and wellbeing.
The staff member follows incident management system processes, including:
Reporting the incident to relevant personnel
Protecting any evidence
Notifying the affected person’s family or support personnel
Contacting relevant authorities (e.g. police).
Relevant personnel conduct an assessment of the incident.
Relevant personnel decide whether the incident is reportable.
If the incident is reportable:
The NDIS Commission is notified and the reportable incident process is followed
The provider investigates the incident or undertakes other actions as directed by the NDIS Commission
The provider takes action in response to the incident
The NDIS Commission is kept updated on the situation. Any requests or directions from the Commission are followed
If the incident is not reportable:
The provider takes action in response to the incident.
(NDIS 2019)
Corrective Actions in Response to Reportable Incidents
While some incidents will not require further action to be taken, some situations may require corrective steps, such as:
Disciplinary action
Staff dismissal
Staff training or education
Service environment modification
The development or amendment of policies and procedures