Introduction

At Hireup, an incident is any event or circumstance that causes or has the potential to cause physical or psychological injury, ill health, damage to property or any other loss. The term near-miss refers to an incident that resulted in no injury, ill health or loss occurring, but still had the potential to cause it. 

As a registered provider of disability supports we have legislative and regulatory requirements to report certain incidents, issues or complaints to a relevant organisation or agency.  

This Reportable Incidents and Mandatory Reporting Procedure is part of our incident management system, which covers:

• acts, omissions, events or circumstances that occur while providing supports or services to a person with disability and which have, or could have, caused harm to that person
• acts by a support worker that occur while providing supports or services to the person with disability and which have caused serious harm, or a risk of serious harm, to another person
• reportable incidents that have or are alleged to have occurred in connection with providing supports or services to a person with disability.
• notifiable incidents which involve a serious injury or illness sustained by a support worker in the course of working for Hireup.

This Procedure is for identifying, managing and reporting incidents. Depending on the state the individual resides in, there are a number of available reporting mechanisms and supporting bodies.

 

Principles

Transparency of reporting 

Hireup understands the importance of regulatory reporting in the safeguarding of support to Clients. We are committed to ensuring that we submit transparent and accurate reports on every reportable incident.

Timely reporting 

Hireup is committed to ensuring reports are submitted in a timely manner to ensure regulatory authorities are able to act quickly if required. 

Reporting Analysis

Hireup will ensure that we regularly analyse the reportable incidents register to understand any gaps in the performance of our quality and safety systems.

 

What to report?

Even if Hireup acts and responds appropriately, we must notify relevant authorities of all reportable incidents that have occurred in connection with the provision of support and services, as well as allegations of incidents. 

 

Categories of reportable incidents:

1. The death of a person with disability

• A death that occurs while a support or service is being provided 
• A death that occurs as a result of, or, in connection with the provision of support or services. 

All deaths of people with disability that occur in connection with the provision of supports or services must be notified to relevant federal (eg. NDIS), and state (eg. coroner and police) authorities 

 

2. Serious injury of a person with disability 

The serious injury of a person with disability must be notified if it occurs or is alleged to have occurred in connection with the provision of supports and services. A serious injury includes, but is not limited to: 

• fractures 
• burns 
• deep cuts 
• extensive bruising 
• concussion 
• any other injury requiring hospitalisation. 

 

3. Abuse or neglect of a person with disability 

Abuse of a person with disability

All incidents of abuse of a person with disability that occur or are alleged to have occurred in connection with the provision of supports and services must be notified. The nature of the incident or allegation and the impact on the person with disability should be the focus. Abuse may include:

• behaviour management that is seriously inappropriate or improper 
• making excessive and/or degrading demands of a person with disability 
• hostile use of force towards a person with disability 
• a pattern of seriously inappropriate, degrading comments or behaviour towards a person with disability. 

 

Psychological abuse includes: 

• A pattern of behaviour that is harassing or harmful to a person with disability. 
• Verbal abuse, including where it is intended to intimidate, threaten or belittle, gain power and control or where the intent is to cause emotional pain or is demeaning or insulting. 

A ‘pattern of abuse’ occurs where there is repeated physical abuse, ill treatment and/or harassment of a participant. 

 

Abusive conduct includes the following, alone or in any combination: 

• abuse of a sexual or non-sexual nature physical force or inappropriate physical contact
• threats of physical force or threats of inappropriate physical contact
• conduct that causes physical harm or emotional distress to the person with disability impacted by the incident
• financial abuse. 

 

Financial abuse includes: 

• withholding money belonging to a person with disability or using money for purposes not authorised by a person with disability, including NDIS funds 
• coercion or misleading behaviour to obtain money or property from a person with disability. 

 

Neglect of a person with disability

Neglect includes an action, or a failure to act, by a person who has care or support responsibilities towards a person with disability. 

Neglect can be a single significant incident resulting in actual harm, or where there is the potential for significant harm. Neglect can also be an ongoing pattern of repeated failures to meet physical or psychological needs. 

Neglect includes grossly inadequate care that involves depriving a person of the basic necessities of life. It also includes: 

Supervisory neglect - intentional or reckless failure to adequately supervise or provide support that results in the death of, or significant harm to a person with disability, or an intentional or reckless failure to adequately supervise or support a participant that also: 

• involves a gross breach of professional standards 
• has the potential to result in the death of, or significant harm to, the participant. 

Failure to protect from abuse 

An obviously unreasonable failure to respond to information, which strongly indicates actual or potential serious abuse of a participant. 

A reckless act/ failure to act. 

A reckless act, or failure to act, that: 

• involves a gross breach of professional standards
• results in or has the potential to result in the death of, or significant harm to, a participant. 

 

4. Unlawful sexual or physical contact with, or assault of, a person with disability 

Unlawful sexual contact 

Any unlawful sexual contact or assault that occurs or is alleged to have occurred, in connection with the provision of supports or services must be reported. ‘Unlawful sexual contact or assault’ is any behaviour of a sexual nature that is an offence in any state or territory of Australia. 

• Sexual offences include, but are not limited to: 
  • sexual assault 
  • indecent assault 
  • acts of indecency. 

 

Sexual assault 

Refers to: 

• Offences involving a person having sexual intercourse with another person without their consent 
• A situation where a person is forced, coerced or tricked into sexual acts against their will or without their consent. 

 

Indecent assault

Usually involves touching (or threatening to touch) a person’s body in a sexual manner without their consent. 

Unlawful physical contact 

Any unlawful physical contact with, or assault of, a person with disability that occurs, or is alleged to have occurred, in connection with the provision of supports or services must be reported. 

Physical assault 

Includes any act where a person intentionally inflicts unjustified use of physical force against a person. An assault can also occur if a person causes another person to reasonably fear that unjustified force will be used against them. Even if a person who inflicts, or causes, the fear of, physical harm does not intend to inflict the harm or cause the fear, they may still have committed an assault if they acted recklessly. 

Assaults can mean hitting, pushing, shoving, spitting, throwing objects, or making threats to physically harm a participant. 

Instances when physical contact may not need to be reported, include, for example: when necessary and reasonable force has been used to restrain a person as part of their approved and authorised behaviour support plan; or when taking reasonable steps to disarm a person who is seeking to harm themselves or others; or moving a person out of harm’s way.

 

5. Sexual misconduct committed against, or in the presence of a person with disability, including grooming of the person for sexual activity 

Sexual misconduct 

The alleged misconduct must have been committed against, with, or in the presence of, a person with disability by a person, including a worker or another participant, in connection with the provision of supports or services. 

‘Sexual misconduct’ is conduct of a sexual nature that can, but does not have to, amount to a criminal offence.

Unlawful sexual conduct 

Sexual crimes, which do not involve physical contact, also constitute sexual misconduct. For example, where a person commits an indecent act with or toward another person, but does not have any physical contact with them. There is a range of non-contact sexual offences that must be reported, including but not limited to: 

• grooming a child for sexual purposes 
• filming a person without consent 
• a pornography offence or an offence involving child abuse material. 

 

Some jurisdictions also have offences that are designed to prevent the sexual exploitation of people with a cognitive impairment by their carers, or anyone who has knowledge of the person’s impairment and enters into a sexual relationship with the intent of taking advantage.

Crimes which involve encouraging another person to commit a sexual offence against a person with disability (such as offences involving aiding, abetting, counselling or procuring) also constitute sexual misconduct. 

Crossing professional boundaries 

The support relationship between a worker and a person with disability relies on a high degree of trust. All forms of sexual misconduct constitute a breach of this trust and a breach of Hireup’s Code of Conduct. 

It is important to distinguish between sexual misconduct and legitimate conversations around a participant’s sexual support needs, family planning or that serve to meet a worker’s duty of care. 

Sexual misconduct includes behaviour that can reasonably be viewed as involving an inappropriate and overly personal or intimate relationship with, conduct towards, or focus on, a participant or group of participants. The crossing of professional boundaries can only occur in the context of a worker-participant relationship. 

Please also refer to the Hireup Codes of Conduct. 

Sexually explicit comments and other overtly sexual behaviour 

Sexual misconduct includes a broad range of sexualised behaviour with or towards people with disabilities. 

The  following should be used as a guide: 

• sexualised behaviour with or towards a participant (including sexual exhibitionism) 
• inappropriate conversations of a sexual nature 
• inappropriate comments relating to sexual acts
• unwarranted and inappropriate touching
• personal correspondence and communications (including emails, social media and web forums) with a user concerning the worker’s romantic, intimate or sexual feelings for them 
• inappropriate exposure to sexual behaviour of others 
• watching people undress in circumstances where supervision is not required and it is clearly inappropriate. 

Grooming behaviour 

Behaviour should only be seen as ‘grooming’ where there is evidence of a pattern of conduct that is consistent with grooming a user for sexual activity, and there is no other reasonable explanation for that pattern. The types of behaviours listed may lead to this conclusion: 

• Persuading a user or group of users that they have a ‘special’ relationship with the worker, eg. giving inappropriate gifts,  inappropriately showing special favours, asking the user to keep the relationship a secret. 
• ‘Testing boundaries’ can be: undressing in front of a user, encouraging inappropriate physical contact (even where it is not overtly sexual), or ‘accidental’ intimate touching. 
• Extending a relationship with a participant outside of work (except where it may be appropriate, for example, where there was a pre-existing friendship with the participant’s family, or as part of regular social interactions in the community). 
• Inappropriate personal communication, including emails, phone calls, text messaging, social media and web forums, that inappropriately explore sexual feelings or intimate personal feelings with a user. 

In the context of providing support, a worker or another person requesting that a user, or using tactics to keep any aspect of a relationship secret, would generally increase the likelihood that grooming is occurring. 

 

6. Unauthorised use of restrictive practice 

Restrictive practice is when interventions and practices are used to restrict the rights or freedom of movement of a person with disability. The use of restrictive practices are intended to protect participants from being inappropriately treated or controlled.

The following restrictive practices are regulated through behaviour support plans: 

• Seclusion - is the sole confinement of a person with disability in a room or a physical space at any hour of the day or night where voluntary exit is prevented, not facilitated, or implied that it is not permitted. 
• Chemical restraint - uses medication or chemical substances for influencing a person’s behaviour. It does not include the use of medication prescribed by a medical practitioner for the treatment of, or to enable treatment of, a diagnosed mental disorder, a physical illness or a physical condition.
• Mechanical restraint - when a device is used to prevent, restrict, or subdue a person’s movement to influence their behaviour, but does not include devices for therapeutic or non-behavioural purposes. 
• Physical restraint - is the use or action of physical force to prevent, restrict or subdue movement of a person’s body, or part of their body, to influence their behaviour. This does not include using hands-on technique in a reflexive way to guide or redirect a person away from potential harm/injury, consistent with what could reasonably be considered the exercise of care towards a person.
• Environmental restraints - restrict a person’s free access to all parts of their environment, including items and activities. 

The use or alleged use of a restrictive practice in relation to a participant, other than where the use is in accordance with an authorisation (however described) of a state or territory must be notified to the NDIS Commission. This includes the emergency use of a restrictive practice. 

It is a reportable incident when use of a restrictive practice is in accordance with an authorisation of a state or territory but is not in accordance with a behaviour support plan for the person with disability. 

 

The use of a restrictive practice is not reportable if: 

• the use is in accordance with a behaviour support plan for the person with disability 
• the state or territory in which the restrictive practice is used does not have an authorisation process in relation to the use of the restrictive practice. 

Please also refer to Hireup’s Statement on Restrictive Practices.

 

Key features of legislative reporting duties: "state of mind" that activates reporting duty and extent of harm.

 

Reporting to the Work Health and Safety Regulator

Hireup must report notifiable incidents to the local WHS regulator immediately after becoming aware of the incident.  Notifiable incidents are:

• the death of a person  
• a ‘serious injury or illness’, or  
• a ‘dangerous incident’ that exposes someone to a serious risk, even if no one is injured.  

Only the most serious health or safety incidents are notifiable, and only if they are work-related. 

Refer to the table below for state and territory regulator contact details:

 

Who to contact?

First and foremost, you should contact Hireup either by using our 24-hour online incident report form, or via phone on (02) 9113 5933.  

We are trained and experienced to make a report on your behalf, or support you in making a report. 

You will be communicated with throughout the entire process. 

 

Responsibilities

Clients and Support Workers

Observing and responding to current incidents

• Ensure the safety of yourself and those around you.
• Call emergency services (000) if anyone is in immediate danger. Emergency services will dispatch ambulance and police if required.
  • Do not move or touch any evidence the police may need in their investigation.
  • If possible, isolate the area where the incident occurred and do not allow anyone to enter the area until the police arrive.
  • In cases of alleged sexual assault preserve the person’s clothing, bedding or other relevant material where possible. Try to delay bathing/showering until the police arrive.
  • Do not ask the person questions about what happened. That is the role of the police.
• Call Hireup on 02 9113 5933 or submit an incident report through the incident reporting tool on the Hireup platform.

 

Receiving an allegation 

• Listen to the disclosure openly and without judgement.
• Advise the person you are supporting that you will need to share this information with the Hireup HQ team.
• Call Hireup on (02) 9113 5933 or submit an incident report via the Hireup platform. 

 

Hireup Support and Incident Response Teams

Receiving an allegation 

• If receiving the allegation on the phone:
  • Listen openly and without judgement to the disclosure
  • Take detailed notes of the conversation, include all facts disclosed to you.
• If receiving the allegation via email or through the incident reporting form:
  • Review the information carefully
  • Call the notifier to seek further information or clarification.
• Advise the notifier that there may be mandatory reporting requirements that Hireup needs to oblige with.
• Advise the Incident Response team leader, who will:
  • Develop an action plan and communicate this with the notifier.
  • Review reportable incidents and mandatory reporting requirements.
  • Notify the Community Support Manager and the Head of Service.

 

The Hireup team will ensure compliance with these procedures in the response to an allegation of abuse or neglect:

• Incident and Issue Response Procedure
• Reportable Incidents and Mandatory Reporting Requirements
• Information Sharing Guidelines.

 

Hireup has a Zero Tolerance policy towards the abuse, negligence, neglect and exploitation of people with disability.

 

What happens next?

1. We will make every effort to ensure that the impacted person with disability is supported throughout the reporting process.
2. We will report an allegation of a criminal offence to the police as soon as possible after it is received.
3. We will follow up on mandatory reporting processes with the relevant authorities and agencies within 24 hours of receiving an allegation.
4. We will work closely with authorities on any investigation, however, for criminal offences police will determine the extent of their investigation, along with the victim or, if they need help, with their guardian/representative, family or other supporters. 
5. We will consult and communicate with impacted people and their support network throughout the process.
6. After a police or internal investigation, if the allegation is not proven but there are still concerns that it may have occurred, we will take other action to protect participants and support workers who are the subject of allegations. 
7. We will ensure that everyone involved is afforded procedural fairness during the course of responding to an incident.
8. We will assess if any further action should be taken.
9. We will also take steps to identify the factors that may have contributed to an incident occurring and how future incidents could be prevented. 
10. We will continue to periodically review our incident management system to identify any systemic issues in relation to incidents.
11. Should Hireup change or adjust any service, process or procedure as a result of receiving an allegation, we will communicate this with the people involved, our Board of Directors and others as needed.
12. Once the investigation has been finalised, Hireup will communicate the outcome to you to the extent that it is appropriate for us to do so. This may include a summary of the process, confirmation as to whether the allegations were substantiated or not, confirmation on whether action has been taken in response to a substantiated policy breach (however, we will not be able to share the details of the action taken due to privacy legislation), and any steps that have been taken to prevent incidents of a similar nature in the future.