if the type of aged care is residential care or flexible care provided in a residential setting—to manage incidents and take reasonable steps to prevent incidents, including through:

implementing and maintaining an incident management system that complies with the Quality of Care Principles; and

complying with any other requirements for managing or preventing incidents specified in the Quality of Care Principles;

unreasonable use of force against the residential care recipient;

unlawful sexual contact, or inappropriate sexual conduct, inflicted on the residential care recipient;

psychological or emotional abuse of the residential care recipient;

unexpected death of the residential care recipient;

stealing from, or financial coercion of, the residential care recipient by a *staff member of the provider;

neglect of the residential care recipient;

use of physical restraint or chemical restraint in relation to the residential care recipient (other than in circumstances set out in the Quality of Care Principles);

unexplained absence of the residential care recipient from the residential care services of the provider.

the person is receiving residential care, or flexible care provided in a residential setting, in respect of which the provider is approved; and

either:

*subsidy is payable for provision of the care to the person; or

the person is approved under Part 2.3 as the recipient of the care.

(a) that a specified act, omission or event involving a *residential care recipient is a reportable incident;

(b) that a specified act, omission or event involving a residential care recipient is not a reportable incident.

the manner and period within which *reportable incidents must be reported to the *Quality and Safety Commissioner;

action that must be taken in relation to reportable incidents;

authorising the provision of information relating to reportable incidents to the Minister, the Quality and Safety Commissioner or other specified bodies.

requiring an approved provider to provide a *residential care recipient of the provider with information regarding the use of an advocate (including an independent advocate) in relation to an investigation into the *reportable incident; and

requiring an approved provider to arrange for, and cover the cost of, an independent investigation into the reportable incident within a specified period; and

providing a copy of any report of the independent investigation to the *Quality and Safety Commissioner.

an approved provider;

one of an approved provider’s *key personnel;

a *staff member of an approved provider;

a *residential care recipient of an approved provider, or a family member, carer, representative, advocate (including an independent advocate) of the recipient, or another person who is significant to the recipient;

a volunteer who provides care or services for an approved provider.

the disclosure is made to one of the following:

the *Quality and Safety Commissioner;

the approved provider;

one of the approved provider’s *key personnel;

a *staff member of an approved provider;

another person authorised by the approved provider to receive reports of *reportable incidents;

if the disclosure is reported to another person in accordance with the Quality of Care Principles—that person;

(vii) a police officer; and

the discloser informs the person to whom the disclosure is made of the discloser’s name before making the disclosure; and

the discloser has reasonable grounds to suspect that the information indicates that a reportable incident has occurred; and

the discloser makes the disclosure in good faith.

the person is not subject to any civil or criminal liability for making the disclosure; and

no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.

the person has qualified privilege (see subsection (3)) in respect of the disclosure; and

a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.

has qualified privilege in proceedings for defamation; and

is not, in the absence of malice on the person’s part, liable to an action for defamation at the suit of a person;

(a) a person (the employee) is employed in a particular position under a contract of employment with another person (the employer); and

the employee makes a disclosure that qualifies for protection under section 54-4; and

the employer purports to terminate the contract of employment on the basis of the disclosure;

order that the employee be reinstated in that position or a position at a comparable level; or

order the employer to pay the employee an amount instead of reinstating the employee, if the court considers it appropriate to make the order.

the first person engages in conduct; and

(b) the first person’s conduct causes any detriment to another person (the second person); and

the first person intends that the conduct cause detriment to the second person; and

the first person engages in the conduct because the second person or a third person made a disclosure that qualifies for protection under section 54-4.

(a) the first person makes to another person (the second person) a threat to cause any detriment to the second person or to a third person; and

the first person:

intends the second person to fear that the threat will be carried out; or

is reckless as to causing the second person to fear that the threat will be carried out; and

the first person makes the threat because a person:

makes a disclosure that qualifies for protection under section 54-4; or

may make a disclosure that would qualify for protection under section 54-4.

express or implied; or

conditional or unconditional.

a person contravenes subsection 54-6(1) or (2); and

another person suffers damage because of the contravention;

is a *staff member of the approved provider; and

makes a disclosure that qualifies for protection under section 54-4.

other staff members of the approved provider; and

other parties with whom the approved provider contracts (for example, an employment agency).

the *Quality and Safety Commissioner;

a person, authority or court to which the approved provider is required by a law of the Commonwealth or a State or Territory to disclose the fact;

one of the approved provider’s *key personnel;

a police officer.

one of an approved provider’s *key personnel; or

a person authorised by an approved provider to receive reports of reportable incidents;

action that may be taken by the Commissioner in dealing with a reportable incident, which may include requiring an approved provider to do something;

the circumstances in which the Commissioner may authorise or carry out an inquiry in relation to a reportable incident on the Commissioner’s own initiative;

how information given to the Commissioner about a reportable incident may be dealt with.

each civil penalty provision of this Act;

each civil penalty provision of Division 54 of the Aged Care Act.

the Federal Court;

the Federal Circuit Court of Australia;

a court of a State or Territory that has jurisdiction in relation to the matter.

a civil penalty provision of this Act;

a civil penalty provision of Division 54 of the Aged Care Act;

an offence provision in section 74GA;

an offence provision in Division 9 of the Aged Care Act.

the Federal Court;

the Federal Circuit Court;

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

the Federal Court;

the Federal Circuit Court;

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

(a) is satisfied that an approved provider is not complying with the provider’s responsibilities under paragraph 54-1(1)(e) of the Aged Care Act (the incident management provisions); or

is aware of information that suggests that an approved provider may not be complying with the incident management provisions.

set out the name of the provider to which the notice is given; and

set out brief details of the non-compliance or possible non-compliance; and

specify action that the provider must take, or refrain from taking, in order to address the non-compliance or possible non-compliance; and

specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and

if the Commissioner considers it appropriate—specify a reasonable period within which the provider must provide the Commissioner with evidence that the provider has taken, or refrained from taking, the specified action; and

state that a failure to comply with the notice is subject to a civil penalty; and

state that compliance with the notice will be considered in deciding whether to impose sanctions on the provider under Part 7B in relation to the non-compliance; and

set out any other matters specified in the rules for the purposes of this paragraph.

give the Commissioner any information; or

produce to the Commissioner any documents (or copies of documents);

the person is required to give the Commissioner information, or produce to the Commissioner documents or copies of documents, in accordance with a notice given to the person under subsection (1); and

the person fails to comply with the requirement.

if the provider has given an undertaking under section 114 of the Regulatory Powers Act in relation to the non-compliance (as applied by section 74EC of this Act)—whether or not the provider has complied with the undertaking;

if the provider has been given a compliance notice in relation to the non-compliance—whether or not the provider has complied with the notice;

this Act or the Aged Care Act; or

(b) the Crimes Act 1914 or the Criminal Code that relates to this Act or the Aged Care Act.

an offence provision of this Act or the Aged Care Act; or

(b) an offence provision of the Crimes Act 1914 or the Criminal Code that relates to this Act or the Aged Care Act; or

a civil penalty provision of this Act or Division 54 of the Aged Care Act.

the performance of the Commissioner’s functions on or after the commencement of this Schedule, including in relation to the affairs of an approved provider or a former approved provider before, on or after that commencement; and

information and documents created before, on or after that commencement.

the Federal Circuit and Family Court of Australia (Division 2);