Commonwealth Consolidated Acts

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 73Z

  (1)   The National Disability Insurance Scheme rules must prescribe arrangements relating to registered NDIS providers notifying and managing reportable incidents that occur, or are alleged to have occurred, in connection with the provision of supports or services by registered NDIS providers or in other circumstances prescribed by the National Disability Insurance Scheme rules.

  (2)   Without limiting subsection   (1), the National Disability Insurance Scheme rules may deal with the following matters:

  (a)   the manner and period within which reportable incidents must be reported to the Commission;

  (b)   action that must be taken in relation to reportable incidents;

  (c)   authorising the provision of information relating to reportable incidents to the Minister, the Agency or other specified bodies;

  (d)   the matters in which the Commissioner may authorise an inquiry in relation to a reportable incident, on his or her own initiative.

  (3)   Without limiting paragraph   (2)(b), action may include:

  (aa)   requiring a registered NDIS provider to provide people with disability with information regarding the use of an advocate (including an independent advocate) in relation to an investigation into the reportable incident; and

  (a)   requiring a registered NDIS provider to arrange for, and cover the cost of, an independent investigation into the reportable incident within a specified period; and

  (b)   providing a copy of any report of the independent investigation to the Commissioner.

  (4)   Reportable incident means:

  (a)   the death of a person with disability; or

  (b)   serious injury to a person with disability; or

  (c)   abuse or neglect of a person with disability; or

  (d)   unlawful sexual or physical contact with, or assault of, a person with disability; or

  (e)   sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity; or

  (f)   the use of a restrictive practice in relation to a person with disability, other than where the use is in accordance with an authorisation (however described) of a State or Territory in relation to the person.

  (5)   Despite subsection   (4), the National Disability Insurance Scheme rules may provide as follows:

  (a)   that a specified act, omission or event is a reportable incident ;

  (b)   that a specified act, omission or event is not a reportable incident .