Disability reportable incidents
The disability reportable incidents scheme commenced on 3 December 2014.
Part 3C of the Ombudsman Act 1974 requires the Ombudsman to keep under scrutiny the systems of the Department of Communities and Justice (DCJ) and funded providers for preventing, handling and responding to reportable incidents involving people with disability who live in supported group accommodation.
A ‘funded provider’ includes any organisation receiving financial assistance under the Disability Inclusion Act 2014 to provide supports and services for people with disability living in supported group accommodation. Disability supported group accommodation includes any accommodation where at least two people with disability are living together (with some exceptions) and support is provided on site (including respite services). This can include, for example, service providers that provide supported accommodation, day program or other supports or services for people with disability who live in supported group accommodation.
The Department, or head of a provider, must give the Ombudsman notice, within 30 days, of a reportable incident of which the Department or head of a funded provider becomes aware. We have developed forms and guidelines to assist DCJ-operated and funded providers and NDIS-registered providers meet their reporting obligations.
Our role under the scheme is to oversee investigations undertaken by DCJ or the provider into reportable incidents and to determine whether appropriate action has been taken as a result of the investigation.
Important changes on 1 July 2018
On 1 July 2018, the Commonwealth NDIS Quality and Safeguards Commission started in NSW and SA. NDIS registered providers are now required to notify the NDIS Commission of the following incidents (including allegations) affecting NDIS participants in connection with the provision of NDIS supports and services, when these occur after 1 July:
- the death of an NDIS participant
- serious injury of an NDIS participant
- abuse or neglect of an NDIS participant
- unlawful sexual or physical contact with, or assault of, an NDIS participant
- sexual misconduct committed against, or in the presence of, an NDIS participant, including grooming of an NDIS participant for sexual activity
- the unauthorised use of a restrictive practice in relation to an NDIS participant.
The NSW Ombudsman will continue to oversight and handle any disability reportable incidents that occurred before the start of the NDIS Commission. We will also oversight and handle any disability reportable incidents involving people with disability living in supported group accommodation that continues to be operated or funded by the Department.
To assist the Department and funded providers to determine whether a notification must be made to the NSW Ombudsman of a reportable incident, read the Guide for services: Reportable incidents in disability supported group accommodation. For further information about the obligation to notify the NSW Ombudsman of reportable incidents or if you have any questions or comments, email our Disability Reportable Incidents Division.
This link accesses our Part A, B and C forms for notifying reportable incidents, and providing information to the Ombudsman’s office.