SIRS has two key components:
- Incident Management obligations; and
- Compulsory Reporting obligations.
Incident Management Obligations
The SIRS requires all approved aged care providers to have an effective incident management system in place to manage incidents and take reasonable steps to prevent incidents.
An incident management system must establish procedures to be followed in identifying, managing and resolving incidents, including, inter alia, the following:
- how incidents are identified, recorded and reported;
- the person responsible for notifying reportable incidents to the ACQSC;
- how the provider will provide support and assistance to those affected;
- when an investigation is required; and
- when remedial action is required and the nature of that action.
These incident management systems must be documented and available to care recipients, staff members and family members/representatives.
In relation to each incident, the following must be recorded as a minimum:
- a description of the incident, including the harm caused and the consequences;
- whether the incident is a reportable incident;
- the time, date and place at which the incident occurred or was alleged/suspected to have occurred;
- the time and date the incident was identified;
- the names and contact details of person involved and/or witnesses;
- actions taken in response;
- any consultations undertaken with the persons affected by the incident;
- whether the persons affected have been provided with any reports or findings;
- the details and outcomes of an investigation (if one is undertaken); and
- the name and contact details of the person making the record of the incident.
These records must be retained for 7 years after the incident is identified.
Compulsory Reporting
SIRS requires all alleged, suspected or actual reportable incidents connected to the provision of care to be reported to the Aged Care Quality and Safety Commission (the ACQSC).
Reportable incidents
Reportable incidents include:
- unreasonable use of force (ranges from deliberate violent attacks to unwarranted use of physical force);
- unlawful sexual contact or inappropriate sexual conduct (ranges from sexual assault to sharing intimate images);
- psychological or emotional abuse (includes bullying, humiliation and unreasonable restriction of social activities);
- the unexpected death of a care recipient;
- stealing or financial coercion by a staff member of the provider (includes unreasonable control of the person’s financial affairs);
- neglect of the resident or care recipient;
- use of a physical or chemical restraint (other than in the circumstances set out in the Quality of Care Principles); and
- unexplained absences of the care recipient from care services of the provider.
Where any of the above have occurred, an approved provider is required to categorise the incident, which then determines when the reportable incident must be reported to the ACQSC.
Categorisation of reportable incidents
A Priority 1 incident is a reportable incident that:
- has caused, or could reasonable have been expected to have caused, a care recipient physical or psychological injury or discomfort that requires medical or psychological treatment to resolve; or
- where there are reasonable grounds to report the incident to police;
- concerns unlawful sexual contact or inappropriate sexual conduct; or
- concerns the care recipients unexpected death or unexplained absence from the service.
A Priority 2 incident is all other reportable incidents that result in a low level of harm to the care recipient.
Timeline of reporting
Priority 1
Incident Notification to ACQSC / Police – Within 24 hours of becoming aware of the incident
Incident Status Report to ACQSC – Within 5 business days (or date otherwise specified by the ACQSC)
Final Report to ACQSC – Within 84 business days of initial notification or such time as specified by ACQSC
Priority 2
Incident Notification to the ACQSC – Within 30 days of becoming aware of the incident
Powers of the ACQSC
Once notice of a reportable incident is received, the ACQSC may, amongst other things, refer the incident to the police, require remedial action be taken, require an investigation be performed and/ or carry out an inquiry.
The ACQSC is also empowered to take regulatory action where required, including enforcement action and the imposition of sanctions.
What can providers do to prepare?
Home Care providers should review their incident management system and ensure compliance with SIRS by 1 December 2022. It is also appropriate that staff are educated on reportable incidents, including to whom and when, reportable incidents are required to be reported.
For more information, or to discuss how we may be able to assist your business, please contact Panetta McGrath Lawyers on (08) 9321 0522.
