What is a Reportable Incident?
For an incident to be reportable, a certain act or event needs to have happened (or be alleged to have happened) in connection with the provision of supports or services. This includes:
- the death of a person with disability
- serious injury of a person with disability
- abuse or neglect of a person with disability
- unlawful sexual or physical contact with, or assault of, a person with disability
- sexual misconduct, committed against, or in the presence of, a person with disability, including grooming of the person with disability for sexual activity
- use of a restrictive practice in relation to a person with disability where the use is not in accordance with an authorisation (however described) of a state or territory in relation to the person, or if it is used according to that authorisation but not in accordance with a behaviour support plan for the person with disability.
Who must submit a reportable Incident?
As a registered NDIS provider, you must notify the NDIS Commission of all reportable incidents (including alleged reportable incidents) that occur (or are alleged to have occurred) in connection with the provision of NDIS supports or services you deliver, even where you have recorded and responded within your own incident management system.
Submitting a Reportable Incident when applicable is a condition of every NDIS Providers’ registration, as we need to comply with the NDIS Quality and Safeguards Rules about notifying reportable incidents.
What happens after I submit a Reportable Incident?
When the Commission receives a reportable incident report, they can take a range of actions. This might include requiring you to undertake specified remedial steps, carry out an internal investigation about the incident, or engage an independent expert to investigate and report on the incident.
If a reportable incident raises a serious compliance issue, the Commission has powers to take regulatory action. The Commission can conduct their own investigation and take appropriate enforcement or compliance action such as issuing an infringement notice, a compliance notice or asking a court to impose a civil penalty for a breach of the NDIS Act.
When do I need to submit and Incident Report?
Timeframes for notifying the NDIS Commission about reportable incidents
When a reportable incident occurs (or is alleged to have occurred) in connection with the NDIS supports or services you deliver, you must notify the Commission within the required timeframes (set out below). The timeframes are calculated from when a registered NDIS provider became aware that the incident occurred (or was alleged to have occurred).
| Reportable incident | Required timeframe |
| death of a person with disability | 24 hours |
| serious injury of a person with disability | 24 hours |
| abuse or neglect of a person with disability | 24 hours |
| unlawful sexual or physical contact with, or assault of, a person with disability | 24 hours |
| sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity | 24 hours |
| the use of a restrictive practice in relation to a person with disability if the use is not in accordance with a required state or territory authorisation and/or not in accordance with a behaviour support plan. | Five business days |
What happens if I miss to submit a Reportable Incident?
Reporting is required even when you have acted and responded to incidents in accordance with your own incident management system. Failure to report within the statutory timeframes is a contravention of the NDIS Act and could lead to infringement notices or other compliance actions.
How do I submit a Reportable Incident?
- Ensure that you have the right access – Incident Notifier and / or Incident Approver
- Access your NDIS Commission Portal NDIS Commission Portal Login with PRODA
- Click on the My Reportable Incidents tile.
- Click Notify
- Read the Notification Requirements and click Continue
- Address each one of the sections and fields field of the Form.
Resources:
https://www.ndiscommission.gov.au/providers/registered-ndis-providers/reportable-incidents-0
Quick Reference Guide: Create an Immediate Notification PDF 1MB
Quick Reference Guide: Managing My Reportable Incidents PDF 231KB
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