NDIS incidents  

 

Under the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018, registered NDIS providers are responsible for responding to and managing reportable incidents.  

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For an incident to be reportable, an incident has either occurred or alleged to have occurred, and is categorized by the NDIS Quality and Safeguards Commission into the following six types:

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• The death of a person with a disability

• Serious injury of a person with a disability

• Abuse or neglect of a person with a disability

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

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

• Unauthorized use of restrictive practices in relation to a person with disability  

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Internal handling of an NDIS reportable incident may not be appropriate, due to allegations of bias, insufficient skills or resources to conduct a thorough investigation, or a lack of experience and expertise to conduct time consuming complex investigations. Engaging an independent investigator will give you peace of mind knowing that the investigation process can commence at short notice, follow best practice guidelines and withstand external scrutiny.  

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Outsourcing the investigation process to an independent specialist is the best way to ensure that there is no compromise of procedural fairness and allows you to remain focused on your core business whilst avoiding a conflict of interest, or a perceived conflict of interest.

 

EIS will provide your organisation with an independent and impartial investigation, handled in a timely and transparent manner from commencement through to the final report. The EIS investigation will ensure that you have been provided with reliable facts and can make confident decisions.

 

An EIS reportable incident investigation will ensure that  

 

• a Terms of Reference and detailed investigation plan is prepared

• all relevant evidence is gathered and assessed

• relevant organisational policies, procedures and codes of conduct, professional standards and employment contracts are reviewed 

• interviews are conducted face to face (or where required over the telephone) with relevant employees, including the client/victim/complainant and respondent

• no emotional or psychological harm comes to witnesses as a result of the investigation process or interview

• all interviews are conducted in an environment that makes individuals feel culturally safe

• compliance to regulatory framework is maintained.

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An investigation conducted by EIS will be to the highest standard. Conclusions will be drawn from the evidence making findings of fact. The investigation report will detail whether on the balance of probabilities, the allegations are made out to the required standard of proof. The report will clearly set out all the allegations and our findings. 

 

The EIS investigation report is clear and reliable. All evidence will be contained in the report which will give you everything you need to confidently make a decision.