CTHRepealedLegislation
Aged Care Quality and Safety Commission Rules 2018
95MCommissioner may deal with a reportable incident by taking certain action
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#### 95M Commissioner may deal with a reportable incident by taking certain action
(1) This section applies if a service provider of a Commonwealth‑funded aged care service notifies the Commissioner of a reportable incident for the service provider in accordance with the funding agreement that relates to the service.
(2) The Commissioner may do any one or more of the following:
(a) refer the reportable incident to whichever of the following the Commissioner considers appropriate:
(i) the Australian Federal Police;
(ii) the police force or police service of a State or Territory;
(b) refer the reportable incident to a person or body with responsibilities in relation to the incident;
(c) require or request the service provider to undertake specified remedial action in relation to the reportable incident within a specified period, including remedial action to ensure the safety, health and well‑being of a recipient of the Commonwealth‑funded aged care service affected by the incident;
(d) require the service provider:
(i) to carry out an internal investigation of the reportable incident in the manner, and within the period, specified by the Commissioner; and
(ii) to give the Commissioner a report of the investigation in the manner, and within the period, specified by the Commissioner;
(e) require the service provider to give the Commissioner, within the period specified in subsection (3), a final report about the reportable incident that includes information specified by the Commissioner;
(f) take any other action to deal with the reportable incident that the Commissioner considers reasonable in the circumstances.
(3) The period for the purposes of paragraph (2)(e) is:
(a) the period of 84 days starting on the day after the requirement under that paragraph is made; or
(b) such other period as is specified by the Commissioner.
(4) If the Commissioner is given a report of an internal investigation of a reportable incident carried out by a service provider, the Commissioner may take any action to deal with the outcome of the investigation that the Commissioner considers appropriate.
(5) If the Commissioner is given a final report about a reportable incident, the Commissioner may take any action in response to the report that the Commissioner considers appropriate.