Unreasonable use of force

Was physical force used against a consumer by a member of staff, another consumer or by any other person?
Was there rough handling of a consumer in the delivery of care?
Was a consumer physically attacked or assaulted?
Was the use of force reasonable in the context of providing care?
For example, gently touching a consumer to attract their attention or to guide them, or gently touching a consumer to comfort them if they are distressed, or minor disagreements between consumers.
Was the contact reasonable in the circumstances (such as pushing a consumer out of the way of danger)?
Did the incident cause (or could it reasonably have been expected to have caused) the consumer physical or psychological injury or discomfort that requires medical treatment to resolve?
Did the incident cause (or could it reasonably have been expected to have caused) the consumer physical or psychological injury or discomfort that requires psychological treatment to resolve?
Are there reasonable grounds to report the incident to the police?

The phrase ‘reasonable grounds’ may include scenarios where you are aware of facts or circumstances (alleged or known) that lead to a belief that an incident is potentially or likely to be of a criminal nature and therefore should be reported to police within 24 hours (e.g. if you as the provider suspect the incident involves an indecent assault, or if there is ongoing danger). If you become aware of reasonable grounds at a later time, you must notify the police within 24 hours of becoming aware of those grounds.

If you are in any doubt about whether an incident may be of a criminal nature, make a report to the police. Police are the appropriate authorities to investigate and identify whether an incident may involve criminal conduct.

Not reportable

Based on the information you have provided it appears that your incident is not a reportable incident under the SIRS.

However this incident, like all incidents, should be managed using your service’s Incident Management System, or IMS.

It is important that your IMS is able to record incidents in a way that allows you to identify patterns of incidents that may reflect an ongoing risk or systemic issue.

For more information, please refer to the Effective incident management systems: Best practice Guidance.

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Priority 1 reportable incident

Based on the information you have provided it appears that this incident is an Unreasonable use of force – Priority 1 reportable incident.

Priority 1 incidents must be reported to the Aged Care Quality and Safety Commission within 24 hours of you becoming aware of the incident.

What do I do next?

You must take immediate and any ongoing action to ensure appropriate support is provided to the consumer and their family and make a Priority 1 notification to the Commission within 24 hours.

You must report the incident through the My Aged Care Provider Portal.



Go to My Aged Care Provider Portal

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Priority 2 reportable incident

Based on the information you have provided it appears that this incident is an Unreasonable use of force – Priority 2 reportable incident.

Priority 2 incidents must be reported to the Aged Care Quality and Safety Commission within 30 days of you becoming aware of the incident.

Note:

It is your responsibility to initiate a timely response to every serious incident regardless of whether the incident is categorised as Priority 1 or 2. The timeframe for reporting a serious incident to the Commission is separate from and in no way modifies your obligation to respond speedily to all serious incidents.

You must report the incident through the My Aged Care Provider Portal.



Go to My Aged Care Provider Portal

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Acknowledgement of Country

In the spirit of reconciliation, the Aged Care Quality and Safety Commission acknowledges the Traditional Custodians of Country throughout Australia and their connections to land, water and community. We pay our respect to their Elders, past, present and emerging and extend that respect to all Aboriginal and Torres Strait Islander peoples.