Incidents and Complaints Management Policy
1.0 Aim
Mable is committed to delivering a platform that is responsive to the needs of its users, provides adequate safeguards and serves the community in which it operates. This policy provides guidance to anyone who wishes to notify us or the NDIS Commission of an incident or make a complaint. It sets out the approach we take when responding to such matters, the principles we apply, and highlights our commitment to consistency, quality, and continuous improvement.
2.0 Key definitions
‘Complaint‘ means an expression of dissatisfaction made to or about Mable where a response is expected.
‘Incident‘ means an act, omission, event, or circumstance that causes harm, or could reasonably be expected to cause harm, during or in connection with an arranged service between platform users.
You do not have to actively make a complaint or notify us of an incident, for it to be dealt with under this policy. We may become aware of complaints or incidents via other means, including timesheets, shift notes, social media activity, reviews, user feedback, and Mable’s moderation service.
3.0 Who and when to notify?
In order to keep our community safe and to support compliance with any relevant regulation or guidelines, Mable requires notification of any incident taking place during or in relation to the provision of a service via its platform. However, before notifying us, it is important to consider who else to notify about your incident or complaint. For instance, where a registered or approved service provider is involved, it may be necessary to notify them as well.
It is also important to note that there are separate mandatory reporting requirements in place for both NDIS participants and Aged Care customers.
NDIS Reportable Incidents
For incidents and complaints relating to services provided to NDIS participants, all “reportable incidents” should also be reported to the NDIS Commission. You must report all “reportable incidents” within 24 hours of the incident occurring.
Reportable incidents are serious incidents or alleged incidents which result in harm to an NDIS participant and occur in connection with NDIS supports and services. Specific types of reportable incidents include:
- The death of a person with disability. Serious injury of a person with disability.
- Abuse or neglect of a person with disability.
- Unlawful sexual or physical contact with, or assault of, a person with disability (excluding, in the case of unlawful physical assault, contact with, and impact on, the person that is negligible).
- Sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity.
- The use of a restrictive practice in relation to a person with disability, other than where the use is in accordance with an authorisation (however described) of a State or Territory in relation to the person or a behaviour support plan for the person.
Phone number: 1800 035 544 Email: reportableincidents@ndiscommission.gov.au
Serious Incident Response Scheme (SIRS) Reportable Incidents – Aged Care
If you are providing services to aged care consumers (Consumers), you must ensure you are aware of your requirements under SIRS to assist Approved Providers to fulfil their obligations to report reportable incidents to the Aged Care Quality and Safety Commission (Commission).
Reportable Incidents are those that:
- Occur in connection with the provision of care or services;
- Have caused harm to a Consumer; and
- Are one of the Eight Types of Reportable Incidents for home services, which include:
- Unreasonable use of force;
- Unlawful sexual contact or inappropriate sexual conduct;
- Psychological or emotional abuse;
- Unexpected death;
- Stealing or financial coercion;
- Neglect;
- Inappropriate use of restrictive practices; or
- Missing Consumers (this is intended to capture situations where a provider has the Consumer in their physical care immediately prior to their absence. It is not intended to require notification to the Commission when a provider arrives for a scheduled visit and there is no reason to be concerned about their absence, or where a Consumer leaves their home whilst, for example, home maintenance services are provider).
Reportable Incidents must be reported to the Commission. They are classified as “Priority 1” or “Priority 2” Reportable Incidents. If either of these incidents occur during your support session, you must notify Mable’s Trust and Safety Team as soon as possible, so that they can notify the Approved Provider for the Consumer. This is due to the fact that if an Approved Provider becomes aware of a Reportable Incident and has reasonable grounds to believe that the incident is a Priority 1 Reportable Incident, it must notify the Commission within 24 hours of becoming aware of the Reportable Incident. Where required, these incidents must also be reported to the Police.
A “Priority 1” Reportable Incident is an incident:
- That is an unexpected death of a Consumer;
- That caused (or reasonably have been expected to cause) a Consumer physical or psychological injury or discomfort that requires medical or psychological treatment to resolve;
- Where there are reasonable grounds to report the incident to Police;
- Involving unlawful sexual contact or inappropriate sexual conduct inflicted on a Consumer; or
- Where a Consumer goes missing in the course of provision of home services.
A “Priority 2 Reportable incident is an incident that does not meet the criteria for a Priority 1 Reportable Incident, but is listed above as one of the Eight Types of Reportable Incidents. These incidents must be reported to the Commission by the Approved Provider for the Consumer within 30 days of it becoming aware of the incident.
Notifications to the police
For Priority 1 incidents, there is also a requirement to notify the Police where there are reasonable grounds to do so, within 24 hours of becoming aware of the incident. This includes scenarios where you are aware of facts or circumstances that lead to a belief that an incident is unlawful or considered to be of a criminal nature (for example sexual assault).
Reporting to Police in relation to criminal conduct should occur regardless of whether the incident is alleged or suspected to have occurred.
If you are in any doubt about whether an incident is of a criminal nature, make a report to the Police.
For further information in relation to SIRS in Home Service, including examples of Reportable Incidents, please refer to the following website:
https://www.agedcarequality.gov.au/sirs/sirs-home-services
If you have a SIRS enquiry, you can:
- Call the Commission on 1800 081 549 between 9:00 am and 5:00 pm (AEST) Monday to Friday, or between 8:30 am and 5:00 pm (AEST) Saturday and Sunday
- Email the Commission at sirs@agedcarequality.gov.au.
Contact us
If you have any questions at all about the above reporting requirements, then please talk to us. Our Trust & Safety team can assist you with making reports to commissions, addressing incidents and resolving complaints.
4.0 How to notify us
You may report an incident or complaint to us in a number of ways, including:
- Incident Report Form submitted via our website
- Incident Report submitted as part of a timesheet lodgement
- Feedback & Complaint Form submitted via our website
- Telephone call to our Customer Support Team 1300 736 573
Whilst we accept anonymous complaints and incidents, if we cannot identify you, it often makes it difficult for us to investigate and provide feedback.
5.0 Your privacy
We protect your identity where practical and appropriate. Personal information that identifies you will only be used or disclosed in accordance with relevant privacy laws or our Privacy Policy. There are some limited circumstances where we may disclose your personal information without your consent. This may include matters involving allegations of violence, exploitation, neglect, abuse and sexual misconduct, which may be reported to the police and/or external regulators. For further information please refer to our Privacy Policy.
6.0 What you can expect from us
Our approach to incidents and complaints is governed by the following key principles:
| 1 | Accessible | We provide a framework that is easy to understand and accessible to everyone. If you would like another person or organisation to assist you with an incident or a complaint, we are happy to communicate with whoever you chose to represent you (e.g. a family member, advocate, legal or community member, etc.). |
| 2 | Responsive | There is a clear process for the timely handling of incidents and complaints, and you are kept informed of our progress. |
| 3 | Respectful | You are treated with dignity and respect and listened to with empathy and compassion. |
| 4 | Fair | We approach each matter in an equitable, objective, and unbiased manner. We act with integrity, transparency, and accountability. |
| 5 | Flexible | We are people-centred. Our process is flexible enough to respond to individual needs. Our people are empowered to act promptly and with as little formality as possible. |
7.0 How are incidents managed?
| Assessment & Initial Response | Upon receipt, incidents are assigned an impact level on a scale of 1 (minor) to 5 (major), depending on the estimated severity. Immediate actions to mitigate harm may also be required, including: providing support to those involved notifying emergency services in the case of an emergency (e.g. policy, fire, ambulance, etc) |
| Acknowledgement | We will acknowledge receipt of all incidents within two-working days, and those with an Impact Level of 4 (high) or 5 (major) will be acknowledged as soon as is practicable. |
| Referral | If a registered provider is involved then the incident should also be reported to that organisation. Where appropriate, Mable will refer incidents to any responsible third parties and request acknowledgement. |
| Actions & Decisions | We will develop a plan of action based on Impact Level and the nature of the incident, which may include: the need for further dialogue with involved parties the offer of trauma counselling or other support escalation to Mable’s Risk, Trust & Safety Committee notifying external bodies suggested actions to prevent recurrence of the incident reminding users of Mable’s Code of Conduct / Terms of Use suspending or removing a user from the platform |
| Mandatory Reporting | It is a requirement by law that some incidents are reported to the NDIS Quality & Safeguards Commission or the Aged Care Quality and Safety Commission (whichever is relevant to the service provision in question). Details of the types of incidents that require reporting to each commission can be found here: Generally, it is the responsibility of the registered provider or support worker to report incidents to the relevant commission, but Mable will fulfill this role in circumstances where that is not possible. |
| Closure | If appropriate, we will report the outcome of the incident to the reporting party and any other affected persons before closure. |
8.0 How are complaints managed?
| Stage 1 | We aim to resolve complaints at the front line. This means that the Mable staff member receiving the complaint is able to resolve it themselves. If this is not possible, a formal complaint may be submitted to us via any of the channels referred to above. |
| Stage 2 | Formal complaints are dealt with by our Trust & Safety Team. This second level of complaint handling generally involves:
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| Stage 3 | Upon request, complaints will be escalated to the Head of Trust & Safety for review. This review process may also involve other key Mable staff members (as appropriate). You will be notified of any revised outcome within 14-days. The complaint will then be closed. |
| Stage 4 | The complainant has the ability to request an internal appeal or make a referral to an appropriate external body. For details, please see section 9.0 of this document. |
9.0 What if you are still not satisfied with the outcome of a complaint?
You may consider using our internal appeals process. Appeals are escalated to, reviewed by and determined by our Trust & Safety Committee. Appeals need to be submitted in writing to: trustandsafety@mable.com.au.
The appeal submission must state the reason(s) you are appealing the decision or outcome and provide the complaint case reference number (if this has been provided to you). The time limit for lodging an appeal is three months from the original decision or outcome. Appeals are determined within 21-days of the date of submission, and you will be notified in writing of the outcome. The Board reviews all appeals on a regular basis.
If you remain unsatisfied with the outcome following the conclusion of the appeals process, then you may wish to refer the matter to an appropriate external body such as:
- NDIS Quality and Safeguards Commission, Ph: 1800 035 544, Web: www.ndiscommission.gov.au
- Aged Care Quality & Safeguards Commission, Ph: 1800 951 822 Web: www.agedcarequality.gov.au
- Health and Community Services Complaints Commissioner in your State or Territory.
Version date: September 2022
