Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) When making provision in relation to an incident management system for the purposes of subparagraph 54 - 1(1)(e)(i), the Quality of Care Principles must make provision for dealing with * reportable incidents.
(2) A reportable incident is any of the following incidents that have occurred, are alleged to have occurred, or are suspected of having occurred, in connection with the provision of * aged care to a care recipient of an approved provider:
(a) unreasonable use of force against the care recipient;
(b) unlawful sexual contact, or inappropriate sexual conduct, inflicted on the care recipient;
(c) psychological or emotional abuse of the care recipient;
(d) unexpected death of the care recipient;
(e) stealing from, or financial coercion of, the care recipient by a * staff member of the provider;
(f) neglect of the care recipient;
(g) use of a * restrictive practice in relation to the care recipient (other than in circumstances set out in the Quality of Care Principles);
(h) unexplained absence of the care recipient from the residential care services of the provider.
(4) The Quality of Care Principles may define or clarify an expression used in paragraph (2)(a), (b), (c), (d), (e), (f) or (h).
(5) Despite subsection (2), the Quality of Care Principles may provide as follows:
(a) that a specified act, omission or event involving a care recipient is a reportable incident ;
(b) that a specified act, omission or event involving a care recipient is not a reportable incident .
(6) Without limiting subsection (1), the Quality of Care Principles may deal with the following matters:
(a) the manner and period within which * reportable incidents must be reported to the * Quality and Safety Commissioner;
(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 Quality and Safety Commissioner or other specified bodies.
Note: Rules under section 21 of the Quality and Safety Commission Act may make provision for, or in relation to, the Quality and Safety Commissioner's functions and powers in dealing with reportable incidents.
(7) Without limiting paragraph (6)(b), action may include:
(a) requiring an approved provider to provide a care recipient of the provider with information regarding the use of an advocate (including an independent advocate) in relation to an investigation into the * reportable incident; and
(b) requiring an approved provider to arrange for, and cover the cost of, an independent investigation into the reportable incident within a specified period; and
(c) providing a copy of any report of the independent
investigation to the * Quality and Safety Commissioner.