Incident reporting and duty of care for support workers
What duty of care means for support workers, how to balance it with dignity of risk, and how to recognise and report incidents — including reportable incidents.
What does duty of care mean for a support worker?
Duty of care vs dignity of risk: getting the balance right
What counts as an incident you need to report?
NDIS reportable incidents: the categories the Commission must hear about
What to do the moment an incident happens
How to write an incident report that actually helps
Reporting timeframes at a glance
Restrictive practices and your duty of care
Whistleblowing: when you must report others
Protecting yourself while you meet your duty
A realistic scenario: putting it together
Frequently asked questions
What is the difference between duty of care and dignity of risk?
Duty of care is your obligation to take reasonable steps to protect people from foreseeable harm, while dignity of risk is a person's right to make their own choices, including risky ones, like anyone else. They are not opposites but two sides of good support — your job is to inform the person of the risks, support them to choose safely, respect their decision and document it, rather than making decisions for them. You escalate to your supervisor only when a choice creates a serious, foreseeable danger, could harm others, or the person cannot understand the risk.
Do I report an incident to the NDIS Commission myself?
Usually not directly. If you work for a registered provider, you report the incident to your supervisor and through your employer's incident system, and the organisation makes any formal notification to the NDIS Quality and Safeguards Commission. If you are a self-employed or unregistered worker, or if your employer fails to act on a serious concern, you can raise it with the Commission yourself, and criminal matters should also go to the police.
What are the NDIS reportable incident categories?
They are the death of a person with disability, serious injury, abuse or neglect, unlawful sexual or physical contact or assault, sexual misconduct including grooming, and the use of a restrictive practice that is not authorised under a behaviour support plan. Registered providers must notify the NDIS Commission about these. The exact definitions and rules can change, so confirm the current list with the NDIS Quality and Safeguards Commission and follow your employer's procedure.
How quickly do I need to report an incident?
Tell your supervisor or on-call as soon as it is safe — immediately for emergencies, serious injuries or crimes, and generally within the same shift for other incidents. For registered providers, most reportable incidents must be notified to the NDIS Commission within 24 hours with a fuller report within 5 business days, and unauthorised restrictive practices within 5 business days. These timeframes are indicative and can change, so check the current NDIS Commission guidance and your workplace policy.
What should I do if I made the mistake that caused the incident?
Report it promptly and honestly through the normal process, exactly as you would any other incident. Incident reporting is a safety process, not a disciplinary trap, and organisations rely on accurate reports to prevent the same thing happening again. Hiding, delaying or altering a report is far more likely to cause you serious problems, including a breach of the Code of Conduct, than the original mistake.
Can I be held personally liable for a participant being harmed?
In most cases your employer carries primary responsibility and insurance for harm that occurs while you are doing your job properly, but you can face consequences if you act outside your training, ignore plans, breach the Code of Conduct, or fail to report. Working within your scope, following the participant's plans, documenting contemporaneously and reporting incidents are your best protection. If you are worried about your position, seek advice from your union or a senior colleague.
What counts as an unauthorised restrictive practice?
It is any practice that restricts a person's rights or freedom of movement — such as locking them in, withholding items or food, using a belt to stop them moving, or medicating to sedate — that is not authorised and set out in a behaviour support plan. Using one, even with good intentions or in an emergency, is a reportable incident and must be documented and reported. If you are ever asked to use a restrictive practice that is not in the plan, raise it with your supervisor rather than going along with it.