The Serious Incident Response Scheme, neglect and the dignity of risk 'exception'

In this episode, we look at the Serious Incident Response Scheme (SIRS) in residential aged care and, specifically, the category of ‘neglect’ as a reportable incident.

Here are some of the key points from the podcast.

1.  We consider the definition of ‘neglect’ within the Quality of Care Principles insofar as it incorporates the concepts of ‘breach of duty of care’ and ‘gross breach of professional standards’ by a staff member.

2.  We look at the Explanatory Memorandum issued by the government in conjunction with the SIRS legislation and how it provides guidance in relation to the intent and likely interpretation of ‘neglect’.

3.  We analyse, in the context of ‘neglect’, the general exception contained within the SIRS which acknowledges resident ‘dignity of risk’ and which excludes as a reportable incident any event or circumstance that results from the resident deciding to refuse to receive care or services offered. As part of this analysis we consider how this exception relates to, and is impacted by, duty of care.

Disclaimer: This podcast and related resources are for general information only and are not to be relied on as legal or other advice.  Please consult with your legal advisor for advice about your particular circumstances