Reportable Assault Report
When to use this formTo report a reportable assault as required under theAged Care Act 1997 (theAct) (63-1AA).
Note: Information provided in this form is not a substitute for independent legal advice.
What is a reportableA reportable assault, as defined under the Act, is unlawful sexual contact, assault? unreasonable use of force, or an assault that constitutes an offence against a law of the Commonwealth or a State or Territory, that is inflicted on a person receiving residential aged care.
- unreasonable use of force or assault on a care recipient ranges from deliberate and violent physical attacks on care recipients to the use of unwarranted physical force
- unlawful sexual contact on a care recipient means any sexual contact with a care recipient where consent has not been given.
When to report aIf an approved provider receives an allegationof a reportableassault,
reportableassaultor starts to suspect on reasonable grounds that a reportable assault hasoccurred, the approvedprovider is responsible for reporting the allegation or suspicion within 24hoursto:
- apolice officer with responsibility relating to an area including the place where the assault is alleged or suspected to have occurred; and
- the Secretary (the department).
Approved providers do not have to report an alleged or suspected assault if:
- within 24 hours after the receipt of the allegation, or the start of the suspicion, the approved provider forms an opinion that the assault was committed by a care recipient to whom the approved provider provides residential care; and
- before the receipt of the allegation or the start of the suspicion, the care recipient had been assessed by an appropriate health professional as suffering from a cognitive or mental impairment; and
- within 24 hours after the receipt of the allegation or the start of the suspicion, the approved provider puts in place arrangements for management of the care recipient’s behaviour; and
- the approved provider has:
- a copy of the assessment or other documents showing the care recipient’s cognitive or mental impairment; and
- a record of the arrangements put in place for management of the care recipient’s behaviour.
Approved providers do not have to reporta later alleged or suspected assault if:
- the later allegation or suspicion relates to the same, or substantially the same, factual situation or event as an earlier allegation or suspicion of a reportable assault; and
- the earlier allegation or suspicion was reported to a police officer and the department.
However, this does not preclude an approved provider from reporting the reportable assault to the police or the department.
Who must make the report?It is the approved provider’s responsibility to ensure that all reportable assaults are reported to the department.
Further, the approved provider must take reasonable measures to require each of its staff members providing a service at a residential care service,
and who suspects on reasonable grounds that a reportable assault has occurred to report the suspicion as soon as reasonably practicable to one or more of the following chosen by the member:
(a) the approved provider;
(b)one of the approved provider’s key personnel;
(c)another person authorised by the approved provider to receive reports of suspected reportable assaults;
(d)alocal police officer;
(e)the department.
If a staff member, who is not a person identified above, makes a report directly to the department, the approved provider is still required to meet its reporting responsibility.
Why do reportable assaultsThe Act specifies thatit is an approved provider’s responsibility to ensure
have to be reported?care recipients live in a safe environment. Reporting reportable assaults to thedepartment and the police aims to ensure that any care recpients affected receive timely help and support and that an operational and organisational strategy is put in place to prevent the situation from occurring again.
If an approved provider does not meet its responsibilities related to reporting a reportable assault, the department may take compliance action.
What records need to beIf an approved provider receives an allegation of a reportable assault, or starts kept? tosuspect on reasonable groundsthat a reportable assault has occurred, the approved provider is responsible for keeping consolidated records of all incidents involving allegations or suspicions of reportable assaults.
The record for each incident must include:
- the date when the approved provider received the allegation, or started tosuspect on reasonable grounds, that a reportable assault had occurred; and
- a brief description of the allegation or the circumstances that gave rise tothe suspicion; and
- information about:
- whether a report of the allegation or suspicion was made to a policeofficer and the department; or
- whether the allegation or suspicion was not reported to a police officeror the department because the incident did not need to be reported as specified above.
For more informationGo to the Guide for reporting reportable assaultson
How to complete andThis form can be completed electronically or by hand.
return this form
- Please use black or blue pen and use BLOCK LETTERS.
- Mark boxes like this☐with a✘
Check that you have answered all the questions in this form and send the completed form to your relevant state office:
NSW/ACT:
VIC/TAS:
QLD:
NT/SA:
WA:
Notice of Collection Australian Government agencies must comply with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (the Privacy Act). The APPs cover the collection, storage, quality, use and disclosure of personal information about individuals. In this notice ‘personal information’ has the same meaning as in the Privacy Act.
You must read the Notice of Collectionbeforecompleting this form. .
The purpose of the Notice of Collection is to inform you that personal information about you is being, or has been, collected by the department under the Aged Care Act and Aged Care Principles.
☐I have read and understood the Notice of Collection
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Reportable Assault Report
This form is to be used to report a reportable assault as required under s63-1AA of the Aged Care Act 1997.
Your contact details
- Mr ☐Mrs☐Miss ☐Ms☐
OtherClick to enter details.
- Surname
Click to enter surname.
- Given name
Click to enter name.
- Position/role(e.g. CEOkey personnel, registered nurse, etc.)
- Work number
Click to enter work number.
- Mobile number
Click to enter mobile number.
- Email address
Click to enter email address.
Note: A departmental officer may contact you to seek further information in relation to this report.
Approved provider and service details
- Name of the aged care service this report relates to:
- RACS ID:Click to enter RACS ID.
- Name of the approved provider this report relates to:
Click to enter approved provider name.
Reportable assault details
- Are you making this report on behalf of the approved provider?
Yes☐
No☐
- Is this report related to:
Unreasonable use of force or assault☐
Unlawful sexual contact☐
- Please provide the date and timethe allegation/suspicion was made known to the person responsible for reporting reportable assaults:
DateClick to enter a date.
TimeUse 24hr format.
- Has the reportable assault been reported to the police?
No☐report the assault to the police
prior to completing this form
Yes☐
DateClick to enter a date.
TimeUse 24hr format.
Incident number:
Click to enter incident number.
Police station reported to (if applicable):
Click to enter police station details.
- Have the police arrestedor charged a person in relation to this reportable assault?
No☐
Yes☐
Do not know☐
- What action has been taken to ensure the health, safety and wellbeing of those care recipients involved in the reportable assault and/or other care recipients at the service?
- What action has been taken to manage or minimise the risk of the circumstances relating to this reportable assault occurring again?
- Statement
I declare thatthe information I have provided in this form is complete and correct.
Your name
Click to enter your name.
DateClick to enter a date.
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