The scheme should require approved providers to notify reportable incidents to the Aged Care Complaints Commissioner, who will oversee the approved providers investigation of and response to those incidents. Murwillumbah District Hospital [64], 11.38 An approved provider must report an allegation, or a suspicion on reasonable grounds, of a reportable assault on a care recipient to police and the Department of Health within 24 hours.[65]. Medical staff need to focus on questions related to the injury so that appropriate medical intervention is provided. Shellharbour Hospital 11.134 However, it is foreseeable that circumstances may arise where a service provider, having information about a reportable incident in relation to a particular person, may develop a concern for the welfare and safety of a care recipient and, in order to protect that person, may need to share information that would otherwise be protected from disclosure. [160], 11.143 The second is that staff members may decide not to report such abuse for fear of repercussions, meaning that much abuse remains hidden. Kempsey District Hospital Find out more about the latest news and events. 11.95 It is important to note the distinction, and in particular the different threshold, applicable to incidents where the alleged perpetrator is an employee, as opposed to a resident. Phone +61 7 3052 4224 Wyalong Hospital There are quality standards that providers are required to maintain, but these focus more broadly on quality of care provided, rather than a providers response to a particular incident. We acknowledge the ongoing connection Aboriginal people have to this land and recognise Aboriginal people as the original custodians of this land. 11.107 People with Disability Australia (PWDA) argued that the exemption risked creating two forms of justice: While we acknowledge the issue of criminalisation of people with cognitive impairments, co-residents should have their assaults taken seriously and should be given the opportunity to report to the police. Concord Repatriation General Hospital The nature of reportable incidents are indicative of potential serious risk to the individual and other care recipients. Leeton District Hospital The ALRC proposes that such protections be incorporated into the reportable incidents scheme. 11.96 These different categories have the capacity to respond to a number of concerns raised by stakeholders. The Policy Directive must not be amended, added to or otherwise altered or rebadged. Review mechanisms that are independent ensure greater accountability and transparency: that decision making by the review body is based on relevant information and facts, and free from the influence of extraneous factors which ought not be considered. For an example of an approved provider responding to such an incident, refer to case study of Mr and Mrs C in Resthaven, Submission 114. Reporting elder abuse is the critical first step in taking action to address it and get victims the help they need. Senate Standing Committee on Community Affairs, Parliament of Australia, Aged Care Amendment (Security and Protection) Bill 2007 (Provisions) (2007) 11. Current mandatory reporting requirements 5 2. When abuse has occurred in a Residential Aged Care Facility, a mandatory report is to be made within 24 hours to Police on 1800 081 549. 11.118 A number of stakeholders noted that older people are increasingly receiving flexible care or home care from approved providers, where no compulsory reporting requirements apply. Berrigan War Memorial Hospital As a ocial s worker, do I have an ethical obligation to report child . [107], 11.84 The safeguards afforded by the Charter of Residents Rights and Responsibilities were also criticised because the Charter has no enforcement or compliance mechanisms and is therefore exhortatory. Narromine Hospital & Community Health 11.105 The Office of the Public Advocate Victoria asserted that the exception to mandatory reporting of assaults under these conditions is too lenient. In summary, their concerns are that: the scope of conduct covered by the scheme was too limited and failed to include other serious forms of abuse; the scope was limited to care recipients in residential care; the exemption in respect of residentonresident assaults, where the offender had a pre-diagnosed cognitive impairment, afforded too broad a discretion to approved providers not to report, and resulted in a lack of understanding of how such incidents were managed, potentially raising broader safety issues in respect of other care recipients, and concealed the number and nature of such incidents. 1. Cowra District Hospital