Reportable Assaults:Managing “the discretion”

Rueben SakeyQuality and Systems Review Advisor

Presentation to the Operational Leadership Committee

1 September 2014

“Reportable Assault” or “Compulsory Report”

These terms are not interchangable

A “Reportable Assault” is an event where a resident of a care centre is the victim of an assault (alleged or suspected)

A “Compulsory Report” is one of the processes IRT can use to manage an allegation of a reportable assault, depending on the circumstances

What is a Reportable Assault

A Reportable Assault by definition is:

Unlawful sexual contact with a resident of a care centre

Unreasonable use of force on a resident of a care centre

It does not matter if the victim has a cognitive impairment. If the victim is a resident, it is a “Reportable Assault”

Reference – Section 63-1AA, Aged Care Act 1997

Who is the Alleged Offender?

Once you establish you have a Reportable Assault, you must determine - who is the Alleged Offender?

If the Alleged Offender is anyone other than a resident, you must report to the police and the Department of Social Services, within 24 hours of IRT key personnel becoming aware of the allegation.

Follow your escalation protocols to ensure timely and appropriate reporting.

What about offending residents

IRT may choose not to report some allegations or suspicions of assaults.

When the assault is committed by a resident with an assessed cognitive or mental impairment, the reporting requirements don’t apply if we follow the right process

IRT must report an assault if the victim is the only person with a cognitive impairment

Reference – Section 1.31, Accountability Principles 1998

When reporting does not apply

IRT can choose not to report;

where the Alleged Offender’s cognitive or mental impairment was assessed before IRT received the allegation or suspicion of an assault and

IRT has a copy of the assessment of cognitive or mental impairment and

IRT puts in place arrangements to manage the resident’s behaviour within 24hrs and

IRT has a record of the arrangements put in placeReference – Section 1.31, Accountability Principles 1998

Can I report if I don’t have to?

You may still want to report certain events;

Death or serious injury of a care recipient.

Media interest

High level of family dissatisfaction with IRT’s management of the event

Family intend to make a complaint to the Aged Care Complaints Scheme

If in doubt, seek advice, follow the process

The role of the Department

The Department will determine if IRT is meeting its responsibilities under the Aged Care Act 1997 including:

fulfilling reporting obligations

appropriately managing incidents

providing a safe and secure care environment

disclose relevant information to the police if the police have not been advised of the assault

The role of the Police

The police will:

Determine if the allegation is of a criminal nature

Determine if a criminal investigation is warranted

Investigate and commence a criminal prosecution if warranted.

Police will usually not review our procedures.

In cases of assault, the better we carry out our initial management, the better chance of a successful police investigation

Who has the responsibility?

Key personnel are responsible for ensuring that IRT fulfils its responsibilities.

Key personnel are generally the most senior person on duty and is any person who is at a particular time:• responsible for planning, directing or controlling IRT activities

• responsible for nursing services provided by the care centre; and

• responsible for the day-to-day operations of the care centre

This includes the Care Manager or staff member Nurse in charge of the care centre overnight

Reference – Section 8-3A, Aged Care Act 1997

Who has the responsibility?

Policy and Practice Manuals OP1.04 – Notification of Significant Events Affecting Residents/Clients and ST3.10 – Critical Incident Management Plan direct who actually does the notification.

If you can not escalate for reporting purposes due to unforseen circumstances, the responsibility to notify rests with the Key Personnel aware of the allegation at the time.

What about In Home Care

These compulsory reporting provisions only relate to residential Care Centres

There are different mandatory incident reporting provisions for In Home Care – seek advice

IRT Policy and Practice Manuals for incidents and escalation cover In Home Care clients

Certain staff may have professional reporting responsibilities in some cases – seek advice

IRT will report alleged or suspected assaults upon In Home Care clients when necessary