Managers, Paperwork and Compulsory Reporting

Approved Providers and in practical terms Facility Managers must ensure compliance with the compulsory reporting  guidelines which  commenced on 1 July 2007 following amendments to The Aged Care Act 1997 (the Act).
The importance of being timely in reporting, notifying, investigating and documenting can't be underestimated, yet can be difficult to achieve on top of everyday  work demands. Managers who have been through the reporting and investigative processes   often  find it useful to create  a checklist  for future  reference which  may include the following suggestions to reduce the potential to 'forget' or not have timely access to vital information when the investigative team comes to the facility and  / or when you  send  the related information to the Complaints Investigation Scheme (CIS).

Use a template for your internal investigation process:

• Remember to include dates, times, full names,  the  designations and  the physical location of all parties concerned e.g. resident and relevant staff.   Ensure staff member contact  details are enclosed and also  include their  police check number, and expiry dates.
• Remember to save the  current staff roster- have a  copy available, and remember to include the original and a copy with  any  changes in your documentation.
• Notate time of notification to local police station and  job number allocated- notate name of officer initially spoken to.
• Notate date, time and to whom   notification  was made to the  Complaints Investigation Scheme - remember to document the Case ID when allocated.
• Notate timely contact with residents  next of kin  &  medical officer (as required )  include  the next of kins response and agreed action / outcomes.
• Ensure timely  and professionally appropriate discussion with any staff member concerned - provide written evidence of the  initial  and subsequent discussion held with staff member ( if suspected of being a perpetrator to the compulsory reporting event) include e.g. standing  staff member down on full pay pending the investigation. The importance of the staff member being supported throughout the process  must not be forgotten - staff may be offered counselling  etc. Note the staff member may seek Union support during this time.
• Gather evidence of mandatory staff education on Elder Abuse/ Compulsory Reporting - staff training records and education evaluation forms.
• Ensure copies of any related memorandum's and  meeting minutes.
• Ensure copies of all subsequent related correspondence .
• Ensure  copies  of resident care plans, progress notes relative to the event  concerned.
• Ensure copies  of incident report / wound forms/ wound photographs ( if applicable).
• Include internal findings from internal investigation.
• When emailing the interim information to the CIS - include a read receipt for the  email and ask for confirmation of the information being received.
• It is useful to bind the hard copy documentation prior to housing in the Compulsory Reporting Folder at your facility.

The 5 key elements to compulsory reporting requirements  are;

 1 All approved providers of Australian Government subsidised residential aged care must encourage staff to report alleged or suspected reportable assaults to enable approved providers to comply with their responsibility under the Act. This requirement recognises that in many cases, it may be staff who first notice assaults. The legislation therefore requires that approved providers not only give staff information about how to report assault, but also to actively require staff to make reports if they see, or suspect, an assault on a resident.

 A reportable assault as defined in the Act (section 63–1AA) means: unlawful sexual contact with a resident of an aged care home; or
unreasonable use of force on a resident of an aged care home.
2 The Act requires that, except in very specific and sensitive circumstances, all approved providers of residential aged care must report all allegations or suspicions of reportable assaults. The discretion not to report applies to circumstances involving residents affected by an assessed cognitive or mental impairment, and where there are repeated allegations of the same assault. An approved provider should not wait until an allegation is substantiated – the fact that a person has alleged that someone has assaulted a resident is sufficient to trigger the reporting requirements.

 3 Reports must be made to both the Police and the Department within 24 hours of the allegation being made or the approved provider starting to suspect on reasonable grounds, that a reportable assault may have occurred. These tight time frames ensure that alleged assaults are acted upon immediately.

 4 If a staff member makes a disclosure qualifying for protection under the Act, the approved provider must protect the identity of the staff member and ensure that the staff member is not victimised. This is important in encouraging ongoing reporting by staff members.

 5 If an approved provider fails to meet compulsory reporting requirements, the Department may take compliance action.

 

 

More information  can be found at  the  Department of Health and Aging