JavaScript is required

Terms and definitions - reporting a notifiable incident

Critical notifiable incident

A critical notifiable incident is:

  • Unexpected death of a service user, during service delivery
  • Escape from a secure facility. Applies only to service users in:
    • Secure care
    • Custodial care
    • Disability services where the relevant user is subject to compulsory treatment or judicial orders
    • (Includes where a service user fails to return from temporary leave
  • Medication error where the incident results in the service user requiring medical treatment at a hospital
  • Physical abuse where the incident results in the service user requiring medical treatment at hospital
  • Sexual abuse where the incident required police involvement and the service user required medical treatment at a hospital
  • Fire, flood or other emergency event that:
    • Results in a service user requiring medical treatment at a hospital and/or
    • The relocation of service users.

During the delivery of a social service

  • when a service user is receiving a service
  • when a service user attends a service provider’s premises, including offices, residential services, respite facilities or day services
  • for off-site/outreach services, incidents that occur at the location of service delivery and the surrounding area within sight of that location
  • for service users under the care of 24-hour services, any incident is deemed to occur during service delivery 1

Harm

Includes harm of a physical, sexual, emotional, psychological, financial or cultural nature. 2

Injury

Either or both of the following (whether temporary or permanent):

  • physical injury
  • psychological injury 3

Notifiable incident

A ‘serious incident’ that has occurred and results in serious harm or may pose a serious risk to a service user, during the delivery of a social service. 4

Prescribed incident

The unexpected death of a service user, or an incident (other than a serious incident) that results in serious injury to a service user who is a resident of a supported residential service. 5

Reasonably practicable

The Social Services Regulator considers three business days 6 as a reasonably practicable timeframe for reporting notifiable incidents.

The exception is when a service provider will be asked to undertake a 2-step process for critical notifiable incidents which result in serious harm.

  • In the instance of a critical notifiable incident, the incident and base level information need to be flagged with the Regulator by close of business the next business day
  • In the instance where a critical notifiable incident occurs on a Friday or the weekend, the next business day.
  • An incident report outlining the full details of the incident will then need to be submitted within 3 days.

Serious disfigurement

A temporary or permanent bodily injury that alters a service user’s physical appearance, often resulting from injury, disease, or medical condition.

This may impact a service user’s overall appearance and may have lasting effects on their self-esteem and social interactions. 7

Serious harm

This covers a single instance of harm, or repeated or persistent instances of harm, that results in one or more of the following:

  • death,
  • loss of a foetus,
  • permanent or long-term serious impairment,
  • permanent or long-term serious disfigurement
  • permanent or long-term severe psychological injury or developmental delay 8

Serious impairment

Substantial and long-lasting decline in the normal functioning or quality of the service user’s health, cognitive abilities, or overall well-being, which prevents the service user from performing their daily activities in the manner they were able to before the injury. 9

Serious incident

Includes the following types of incidents:

  • an incident that results in serious harm to a service user or WCES service user 10
  • an incident that is reasonably likely to cause serious harm to a service user or WCES service user 11
  • an incident (other than above) that results in serious injury to a service user who is a resident of a supported residential service 12

Serious injury

An injury (including the cumulative effect of more than one injury) that:

  • endangers life; or
  • is substantial.

In this context, injury means either or both of the following, whether temporary or permanent –

  • physical injury
  • psychological injury 13

Serious risk

Risk of a nature that could reasonably result in:

  • death, loss of foetus, a serious injury, serious impairment, serious disfigurement; or
  • severe psychological injury or severe developmental delay

Service provider

A social service provider registered under Division 1 of Part 3 of the Act.

Service user

  1. Defined in section 3(1) of the Act as:
  • a child (including an unborn child) who is at risk of harm or is in need of protection
  • a care leaver
  • a person with a disability within the meaning of section 3(1) of the Disability Act 2006
  • a resident of a supported residential service within the meaning of section 214 of the Act
  • a person who is at risk of, or who has experienced, family violence (within the meaning of section 5 of the Family Violence Protection Act 2008), sexual assault or any other sexual offence
  • a person who has committed family violence (within the meaning of section 5 of the Family Violence Protection Act 2008), sexual assault or any other sexual offence; or
  • a person who is experiencing or is at risk of homelessness, including a homeless person within the meaning of section 3(1) of the Children, Youth and Families Act 2005
  • a prescribed person (or class of persons) who are subject to social disadvantage
  • a family member or other person who has provided support to, or received support or social services with, any person referred to in the above list. 14

Developmental delay

A delay in the development of a child under the age of 6 years which:

  • is attributable to a mental or physical impairment or a combination of mental and physical impairments; and
  • is manifested before the child attains the age of 6 years; and
  • results in substantial functional limitations in one or more of the following areas of major life activity
    • self-care;
    • receptive and expressive language;
    • cognitive development;
    • motor development; and
  • reflects the child's need for a combination and sequence of special interdisciplinary, or generic care, treatment or other services which are of extended duration and are individually planned and coordinated. 15

Severe psychological injury

Significant and lasting harm to a service user’s mental and emotional well-being. It may result from traumatic experiences, such as:

  • abuse,
  • witnessing a distressing event,
  • prolonged exposure to highly stressful situations

and lead to profound and adverse effects on mental health. 16

WCES service user

A person who is:

  • receiving or has received WCES services from a WCES service provider
  • is seeking (or has sought) WCES services from a WCES service provider, whether or not the person received those services. 17

References

  1. Adapted from the definition of ‘during service delivery’ from the CIMS guide
  2. Section 3 of the Act
  3. Regulation 36(3)
  4. Section 48 of the Act
  5. Regulation 36(1)
  6. This is consistent with the reporting timeframes from CIMS
  7. Adapted from the definition of ‘Serious injury’ from Workplace Injury Rehabilitation and Compensation Act 2013
  8. Section 3 of the Act
  9. Adapted from the definition of ‘Serious injury’ from Workplace Injury Rehabilitation and Compensation Act 2013
  10. Section 48(2)(a) of the Act
  11. Section 48(2)(b) of the Act
  12. Section 48(2)(c) of the Act & Regulation 36(1)(b)
  13. Regulation 36(3)
  14. Section 3 of the Act
  15. Section 3, Disability Act 2006 (Vic)
  16. Adapted from the definition of ‘Psychological injury’ from SafeWork Australia
  17. Section 3 of the Act

Updated

Back to top