The new Aged Care Act in Australia introduces new challenges for NDIS providers who offer aged care services or having older residents with disabilities. In particular, the complexities of incident reporting require NDIS providers to grasp how these changes affect their compliance obligations and service provision. This blog explores the impacts, compares the regulatory frameworks, and provides strategies for NDIS providers to meet new incident reporting requirements.
Table of Contents
Key Challenges for NDIS Providers in Incident Reporting
The new Act seeks to align safety and quality standards across aged care and disabilities services. While beneficial long-term, it presents immediate challenges. NDIS providers serving aged care or older residents with disabilities must adapt to the new standards. They will encounter several significant challenges:
- Differing regulatory frameworks – NDIS providers who also offer aged care services must navigate two separate incident reporting structures – NDIS Quality and Safeguards Commission and the Serious Incident Response Scheme (SIRS) under the Aged Care Quality and Safety Commission – each presents unique compliance requirements and reporting obligations.
- Increased administrative burden – Compliance with both the NDIS and Aged Care reporting requirements may lead to duplication of reporting efforts and increased workload for providers.
- Increased regulatory oversight – With heightened regulatory oversight to ensure compliance with updated standards, NDIS providers may face more frequent audits and inspections. This will necessitate having more robust and transparent incident reporting mechanisms to demonstrate adherence to regulations.
- Complexity in classification of incidents – What constitutes a reportable incident under one scheme may not align precisely with the requirements of the other, creating potential confusion. Internal incident management system must be aligned to meet dual frameworks to avoid duplication and confusion.
- Timely reporting and response obligations – NDIS Commission and SIRS have different reporting timeframes and response expectations, requiring providers to establish robust internal processes to ensure compliance (refer to comparison table below). With stricter reporting standards, NDIS providers must ensure timely and accurate reporting to avoid regulatory penalties.
Comparing NDIS and SIRS Incident Reporting Requirements
| Aspect | NDIS Quality & Safeguards Commission | Serious Incident Response Scheme (SIRS) |
|---|---|---|
| Purpose | Protect NDIS participants from harm and neglect | Reduce abuse and neglect among people receiving aged care |
| Regulatory Body | NDIS Quality and Safeguards Commission | Aged Care Quality and Safety Commission |
| Responsible for Reporting | NDIS registered providers | Approved aged care providers |
| Reportable Incidents | The 6 types of reportable incidents:
|
The 8 types of reportable incidents:
|
| Reporting Timeframes | 24 hours for priority incidents; five business days for other reportable incidents. All reportable incidents except “Use of restrictive practice that is unauthorized” and incidents resulted in harm to a person with disability are considered priority incidents and must be reported to the Commission within 24 hours. |
|
Definitions of Reportable Incidents
NDIS
A reportable incident is an act or event that has happened, or alleged to have happened, in connection with delivering NDIS supports or services. It only includes incidents where the impacted person is a person with disability. Registered NDIS providers must notify the NDIS Commission of all reportable incidents. This includes incidents NDIS providers have recorded and responded to within their own incident management system.
(Source: NDIS Quality and Safeguards Commission)
SIRS
A reportable incident is an incident that providers must report to the Commission. Reportable incidents involve a person’s care.
An incident is reportable if:
- It is one of the 8 reportable incident types, and
- Has occurred (or is alleged to have occurred or is suspected of occurring) to a person receiving aged care.
Reportable incidents should also include the following incidents:
- Under investigation (for example, internal or police investigations).
- Involving people using aged care who don’t want to report the incident
- Involving care recipients, including those with cognitive impairments.
- For home services, providers need inform the Commission about all reportable incidents to do with care.
(Source: Aged Care Quality and Safety Commission)
Are Clinical Incidents Reportable?
Clinical incidents refer to events or circumstances that result in unintended harm to a resident receiving care. These may include medication errors, falls, infections, pressure injuries, and any other adverse outcomes arising from the delivery of clinical services.
While clinical incidents themselves may not always fall within the specific categories of reportable incidents under the SIRS or NDIS, they should be reported to ensure appropriate investigation, response, and measures to prevent recurrence. If a clinical incident such as fall results in serious injury to a resident, it must be reported under NDIS and the SIRS.
Additionally, if there is an element of neglect or failure to provide appropriate clinical care resulting in injury or harm, such an incident would be considered reportable.
Reporting incidents is not merely to comply with regulatory requirements but to ensure appropriate investigation, response, and measures to prevent recurrence. It aims to enhance the quality and safety of care by identifying and addressing underlying issues that lead to harm or adverse outcomes for residents.
Incident Categories
We suggest classifying incidents into the following incident categories and incident types to align with the reporting requirements under both NDIS and SIRS.
| Incident Categories | Incident Types |
|---|---|
| Reportable Incident |
|
| Other Behavioral and Resident-related Incident |
|
| Clinical Incident |
|
| Non-clinical Incident |
|
| Workplace Safety and Health Incident |
|
| Near Miss |
|
Strategies for NDIS Providers to Ensure Compliance
- Develop a unified reporting framework – Establish an internal reporting system that aligns with both NDIS and SIRS requirements, streamline the process and reduce duplication. Clear incident categorization to include NDIS and SIRS reportable incidents and grouping other incidents under proper incident categories is essential for effective management.
- Staff training and awareness – Educate staff on the differences between the two regulatory schemes and ensure they are equipped to report incidents correctly under both frameworks.
- Leverage technology for compliance – Employ a digital incident reporting tool that meets both NDIS and SIRS reporting requirements, preventing duplication or oversight.
- Implement a risk-based approach – Prioritize high-risk incidents and ensure immediate reporting compliance while maintaining oversight of lower-risk incidents.
- Regular audits and policy updates – Conduct periodic reviews of incident management policies to ensure alignment with the evolving requirements of both the NDIS and aged care sectors.
Conclusion
The new Aged Care Act introduces changes that NDIS providers need to navigate, particularly in incident reporting and compliance. By understanding the differences between the NDIS Quality and Safeguards Commission and SIRS, and implementing effective compliance strategies, providers can ensure adherence to regulations while maintaining a high standard of care for participants. Addressing these challenges proactively reduces risks, enhances service quality, and helps in accreditation. Providers should leverage technology for efficiency and compliance in this evolving regulatory environment.
Related blog: Leveraging Technology to Meet Incident Reporting Requirements under the New Aged Care Act in Australia
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