FOI 24/25-1367 - DISCLOSURE LOG DOCUMENT 34
Understand mandatory and external reporting for participant critical incidents SGP KP Publishing
Exported on 2025-05-20 02:40:06
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Table of Contents
1 Recent updates …………………………………………………………………………………………………….. 4 2 Before you start …………………………………………………………………………………………………….. 5 3 Mandatory reporting ……………………………………………………………………………………………… 6 3.1 Participant critical incidents relating to children and young people ……………………………… 6 3.1.1 Australian Capital Territory ……………………………………………………………………………………………… 6 3.1.2 New South Wales …………………………………………………………………………………………………………. 6 3.1.3 Northern Territory ………………………………………………………………………………………………………….. 7 3.1.4 Queensland ………………………………………………………………………………………………………………….. 7 3.1.5 South Australia ……………………………………………………………………………………………………………… 7 3.1.6 Tasmania …………………………………………………………………………………………………………………….. 7 3.1.7 Victoria ………………………………………………………………………………………………………………………… 7 3.1.8 Western Australia ………………………………………………………………………………………………………….. 8 3.2 NDIS Quality and Safeguards Commission …………………………………………………………….. 8 4 External reporting …………………………………………………………………………………………………. 9 4.1 Health services ……………………………………………………………………………………………………. 9 4.1.1 New South Wales: Health Care Complaints Commission ……………………………………………………. 9 4.1.2 Northern Territory: Health and Community Services Complaint Commission …………………………. 9 4.1.3 Queensland: Office of the Health Ombudsman ………………………………………………………………….. 9 4.1.4 South Australia: Health and Community Services Complaints Commissioner ………………………. 10 4.1.5 Tasmania: Health Complaints Commissioner ………………………………………………………………….. 10 4.1.6 Victoria: Health Complaints Commissioner ……………………………………………………………………… 10 4.1.7 Western Australia: Health and Disability Services Complaints Office ………………………………….. 10 4.2 Aged Care Quality and Safety Commission …………………………………………………………… 10 4.3 NSW Ageing and Disability Commission ……………………………………………………….. 11 5 Privacy and consent ……………………………………………………………………………………………. 12 6 Escalation and referrals ……………………………………………………………………………………. 13 7 Next steps …………………………………………………………………………………………………………… 14
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This article provides guidance for a local area coordinator, early childhood partner, planner delegate, internal review delegate, complaints officer, participant support officer, National Contact Centre, liaison officer (HLO/JLO), and complex support needs (CSN) planner to understand: • mandatory reporting • external reporting • privacy and consent • escalation and referrals.
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1 Recent updates
October 2023 Current guidance.
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2 Before you start
You have: • responded to the participant critical incident using article Respond to participant critical incidents.
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3 Mandatory reporting
Mandatory reporting is a legislative requirement for a select group of people, including some Partners staff. Mandatory reporters are often people who directly deliver services. The NDIA is a funding body and not a provider of services, so NDIA staff aren’t considered mandatory reporters. However there are some exceptions, which are detailed in this article.
When you are notified of a participant critical incident (PCI), always consider any mandatory external reporting requirements. All National Disability Insurance Agency (NDIA) staff, National Contact Centre (NCC) staff, local area coordinators and early childhood partners have a responsibility to report a PCI to relevant state authorities if they believe on reasonable grounds it’s necessary to prevent or lessen a serious threat to an individual’s life, health or safety (section 60(2)(e) of the NDIS Act 2013).
3.1 Participant critical incidents relating to children and young
peopleYou must report any concerns relating to children and young people to child protection agencies if you believe on reasonable grounds that disclosure or use of the information is necessary to prevent or lessen a serious threat to a child or young person’s life, health or safety.
There are mandatory reporting requirements in all states and territories for certain incidents involving children and young people. If you aren’t sure if you should report an incident, discuss with a line manager and contact the state child protection agency for support.
Use the contact details below to contact the relevant authority in your state or territory. For general information and links, you can also go to Australian Institute of Health and Welfare (external).
3.1.1 Australian Capital Territory
If you believe on reasonable grounds that a child is at risk of significant harm, contact Child and Youth Protection Services (external): • General public line (available 24 hours): 1300 556 729. • Mandated reporters line (available 24 hours): 1300 556 728. • Online: Provision of Information to Child and Youth Protection Services (external). • Email: cyf@act.gov.au.
3.1.2 New South Wales
If you suspect on reasonable grounds that a child is at risk of significant harm, contact Family and Community Services (external): • Child Protection Helpline (available 24 hours): 13 21 11. • Mandatory reporters can view the Mandatory Reporter Guide (external). This will help you determine whether a child or young person is suspected to be at Risk of Significant Harm (ROSH).
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3.1.3 Northern Territory
If you believe on reasonable grounds that a child is at risk of significant harm, contact: • Child protection reporting line (external) (available 24 hours): 1800 700 250. • Crime Stoppers: 1800 333 000. • Online Reporting Form (external).
3.1.4 Queensland
If you have reasonable suspicion that a child is at risk of significant harm, contact Child Safety (external): • Child Safety Services’ Enquiries Unit (business hours): 1800 811 810. They will transfer you to the regional intake service (external). • Child Safety After Hours Service Centre: 1800 177 135. • Online Reporting form (external).
3.1.5 South Australia
If you suspect on reasonable grounds that a child is at risk of significant harm, contact the Department of Child Protection (external): • Child Abuse Report Line (CARL) (available 24 hours): 131 478.
3.1.6 Tasmania
If you believe, or suspect, on reasonable grounds, or know that a child is at risk of significant harm, contact the Department for Education, Children and Young People (external): • Advice and Referral Line (available 24 hours): 1800 000 123. • Online Contact Form (external).
3.1.7 Victoria
If you believe on reasonable grounds that a child is at risk of significant harm, contact Child protection (external). Use the relevant intake service for the area where the child normally lives: • After Hours Child Protection Emergency Service: 13 12 78. • North Division Intake: 1300 664 977. • South Division Intake: 1300 655 795. • East Division Intake: 1300 360 391.
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• West Division Intake (Metropolitan Only): 1300 664 977.
• West Division Intake (Rural and Regional Only): 1800 075 599.Learn more about mandatory reporting (external).
3.1.8 Western Australia
If you believe on reasonable grounds that a child is at risk of significant harm, contact Child protection (external): • Central Intake Team: 1800 273 889. • Email: cpduty@cpfs.wa.gov.au. • Online mandatory report (external).
3.2 NDIS Quality and Safeguards Commission
Registered NDIS providers are legislatively required to report incidents that relate to services and supports provided to the NDIS Quality and Safeguards Commission (external) (the NDIS Commission).
The NDIS Commission can only accept notifications of reportable incidents from registered NDIS providers. PCIs involving unregistered providers can be referred to the NDIS Commission to deal with as complaints about the provider.
You should not directly refer any PCIs to the NDIS Commission. The PCI team will refer all notifiable incidents to the NDIS Commission. This will allow the NDIS Commission to seek a notification from the registered provider. To raise a participant critical incident with the PCI team, go to article Create a participant critical incident case.
You should continue to support the participant to contact the NDIS Commission directly (external) about provider behaviour regarding PCIs.
Learn more about registered provider requirements on the NDIS Quality and Safeguards Commission webpage (external).
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4 External reporting
4.1 Health services
A PCI may relate to services provided by a hospital, health facility or service (public or private). If so, support the participant or notifier to make a formal complaint directly to the hospital, health facility or service.
Encourage the participant or notifier to make the complaint themselves. If they don’t want to, you can report the incident to the appropriate authority with the participant’s consent.
If the participant or notifier has lodged a complaint with a public or private health service and it hasn’t been resolved to their satisfaction, they should escalate it to their relevant state ombudsman or authority. See the following contact details for each state and territory.
4.1.1 New South Wales: Health Care Complaints Commission
• Phone: 02 9219 7444
• Toll free phone: 1800 043 159
• Online: Lodge a complaint online (external)
• Email: hccc@hccc.nsw.gov.au
• Webpage: https://ecomplaints.hccc.nsw.gov.au/ (external)4.1.2 Northern Territory: Health and Community Services Complaint
Commission
• Phone: 1800 004 474 or (08) 8999 1969
• Fax: (08) 8999 6067
• Email: hcscc@nt.gov.au
• Online: Complaint Online (external)
• Webpage: https://www.hcscc.nt.gov.au/ (external)4.1.3 Queensland: Office of the Health Ombudsman
• Phone: 133 646
• Email: Complaints@oho.qld.gov.au
• Online: Health Service Complaint Form (external)
• Webpage: https://www.oho.qld.gov.au/ (external)
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4.1.4 South Australia: Health and Community Services Complaints
Commissioner
• Phone: (08) 7117 9313 or 1800 232 007 (Business Hours)
• Email: info@hscc.sa.gov.au
• Webpage: https://www.hcscc.sa.gov.au (external)4.1.5 Tasmania: Health Complaints Commissioner
• Phone: 1800 001 170 (business hours)
• Online: Online Complaint Form (external)
• Email: complaints@ombudsmand.tas.gov.au
• Webpage: https://www.healthcomplaints.tas.gov.au (external)4.1.6 Victoria: Health Complaints Commissioner
• Phone: 1300 582 113 (Business Hours)
• Online: Online Form (external)
• In Person: Level 26, 570 Bourke Street, Melbourne.
• Webpage: https://hcc.vic.gov.au/ (external)4.1.7 Western Australia: Health and Disability Services Complaints
Office
• Complaints and enquiries line: (08) 6551 7600 or 1800 813 583
• Phone: (08) 6551 7620 (Administration)
• Email: mail@hadsco.wa.gov.au
• Webpage: hadsco.wa.gov.au (external)4.2 Aged Care Quality and Safety Commission
A PCI may relate to supports and services from an approved aged care provider, including residential and home care packages. If so, encourage the notifier to lodge a complaint directly with the Aged Care Quality and Safety Commission (external).
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You can also make a report with the participant’s consent. You can do this by contacting the Aged Care Quality and Safety Commission (external). You can also lodge an Online Complaints Form (external).
Approved residential aged care service providers are required to report a suspicion or allegation of a reportable assault or a missing resident to the Aged Care Quality and Safety Commission directly. If you are notified of a reportable assault or a missing participant receiving services by an approved residential aged care service, make sure they have reported this to the Aged Care Quality and Safety Commission.
4.3 NSW Ageing and Disability Commission
A PCI may occur in New South Wales (NSW) and relate to a participant’s family, informal support, or community members known to a participant. If so, encourage the notifier to lodge a complaint directly with the NSW Ageing and Disability Commission (external). You can also make a report with the participant’s consent.
You can do this by contacting the NSW Ageing and Disability Commission (external).
You will report these incidents directly to the NSW Ageing and Disability Commission before you submit a PCI case.
The NSW Ageing and Disability Commission does not investigate the conduct of paid service providers for older people or adults with disability. Instead, they focus on the conduct of the person’s family and other informal supports, or members known to them from the community.
The Commissioner will step in where no other complaint or investigative body can in NSW. They will investigate cases of abuse, neglect and exploitation of older people and adults with disability. The Commissioner has the power to request further information from a person or body. They can also apply for and execute search warrants to collect evidence as part of an investigation.
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5 Privacy and consent
When you consider releasing information in response to PCIs, you must comply with: • provisions in the NDIS Act 2013 on ‘protected information’ • provisions in the Privacy Act 1988 on ‘personal information’ and ‘sensitive information’.
Learn more in Our Guideline – Your privacy and information (external), the Privacy webpage
(external), and the Information Law and Privacy intranet page. You can also contact the Legal
support team at redacted: s47E(d) - certain operations of agencies@ndis.gov.au.
Discuss the situation with a line manager first.
Make sure you have consent and authority before you share information with third parties. Or indicate if it’s a protected disclosure of information necessary to prevent or lessen a serious threat to an individual’s life, health or safety.
Questions you should think about include: • Was the original request raised by the participant or their legal or direct representative? • Is written consent signed by the participant, a guardianship order, court order or completed nominee process, and recorded in PACE? • If a third party or representative raised the request or report, is their written consent in PACE? Has verbal consent been provided and documented in PACE? • Is sharing information necessary to prevent or lessen a serious threat to an individual’s life, health or safety?
Learn more about checking consent in article Check evidence to consent to share information.
You must consider these requirements before any State or Territory laws, policies or working arrangements.
You may receive a request to provide information or attend legal proceedings from a legal firm, court or other state authority. If so, you must consult with a line manager and contact the Legal support team. Learn more on the General Advice and Legislation intranet page.
Local area coordinators and early childhood partners have professional and organisational responsibilities. They must comply with the relevant state, territory or Commonwealth incident management protocols or instruction. They must also comply with their relevant Contract or Grant Agreement with the NDIA. When a Partner is notified of a PCI, they must notify the NDIA.
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6 Escalation and referrals
As well as reporting PCIs, you may need to escalate and refer the incident to other stakeholders. This will depend on the situation. You and your line manager should consider any requirements to report, refer or notify, based on the staff member or organisation’s requirements.
Note: Local area coordinators and early childhood partners may have different requirements to the Agency.
Consider if the participant is currently involved with mainstream services. Notify these existing stakeholders where appropriate. Make sure you have the participant’s consent, and that the participant’s right to privacy is not breached.
Each state and territory government will have different services relevant to the participant and incident. Where the participant is not currently involved with mainstream services, consider if any referrals or disclosure are appropriate based on relevant legal and reporting requirements.
Referral and support at the local level is the preferred way to engage mainstream services.
Each state and territory, with the NDIA and Department of Social Services (DSS), has signed a Critical Services Issues Response (CSIR) agreement. This is to manage the escalation of critical issues that impact an individual (primarily an NDIS participant).
These include issues which relate to NDIS and mainstream services, including: • health services • mental health services • early childhood education • child protection and family support • school education • vocational education and training • social housing • public transport • justice and corrective services.
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7 Next steps
You must report the PCI internally within 24 hours of the Agency receiving the report. To do this, go to article Create a participant critical incident case.
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