This page details the Serious Incident Response Scheme (SIRS) for aged care consumers. For information on Serious Incident Response Scheme (SIRS) for aged care providers please visit this providers information page.
What is the Serious Incident Response Scheme (SIRS)?
As an aged care consumer, you have the right to safe and quality care and to live without abuse or neglect.
The Serious Incident Response Scheme (SIRS) is a new Government initiative to help reduce the risk of abuse and neglect for people living or staying in a residential aged care home.
The scheme requires aged care providers to identify, record, manage, resolve, and report all serious incidents that occur or are alleged or suspected to have occurred, in a residential aged care service.
Underpinning the SIRS is a requirement for residential aged care providers to have in place an effective incident management system – a documented set of protocols, processes, and standard operating procedures - to manage all incidents, respond to incidents, and take steps to make sure they do not happen again. The incident management system covers a broader range of non-reportable incidents and includes incidents that involve staff or visitors.
Why the SIRS is important
The SIRS requires every residential aged care service to adopt a systematic approach to minimising the risk of and responding to, serious incidents involving residents. The SIRS underscores the vital importance of an incident management system in helping every residential aged care service to effectively manage risks to their residents.
The SIRS also introduces explicit obligations for providers to report a broader range of serious incidents to the Aged Care Quality and Safety Commission (Commission) than is currently required under compulsory reporting obligations. This includes reports of all incidents that are alleged or suspected to have occurred, or witnessed, between consumers of an aged care service, including where the consumer who commits the incident has a cognitive or mental impairment (such as dementia).
Definition of a serious incident under the SIRS
Serious incidents include those listed below.
- Unreasonable use of force – for example, hitting, pushing, shoving, or rough handling.
- Unlawful sexual contact or inappropriate sexual conduct – such as sexual threats or stalking, or sexual activities without consent.
- Neglect – includes withholding personal care, untreated wounds, or insufficient assistance during meals.
- Psychological or emotional abuse – such as yelling, name calling, ignoring a consumer, threatening gestures, or refusing a consumer access to care or services as a means of punishment.
- Unexpected death – in the event of a fall, untreated pressure injury, or the actions of a consumer result in the death of another consumer.
- Stealing or financial coercion by a staff member – for example, if a staff member coerces a consumer to change their will to their advantage, or steals valuables from the consumer.
- Inappropriate physical or chemical restraint – for example, where physical or chemical restraint is used without prior consent or without notifying the consumer’s representative as soon as practicable; where physical restraint is used in a non-emergency situation; or when a provider issues a drug to a consumer to influence their behaviour as a form of chemical restraint.
- Unexplained absence from care – this occurs when the consumer is absent from the service, it is unexplained and has been reported to the police.
Under the SIRS, an allegation, suspicion, or witness account of any of the above serious incidents must be reported to the Commission.
SIRS commencement date
The SIRS is expected to commence from 1 April 2021 following the passage of legislation through the Federal Parliament.
Benefits of the SIRS
The SIRS will reduce the risk of abuse and neglect for people living in residential aged care homes.
SIRS and the requirement for providers to have an effective incident management system in place will:
- reduce the chance of you being subject to abuse or neglect in aged care
- help you access support sooner and on an ongoing basis if a serious incident affects you
- reduce the likelihood of the serious incident happening again.
The SIRS relates to other requirements your aged care provider must meet
The SIRS will sit alongside, and complement, other requirements that aged care providers must meet.
All providers must comply with the Aged Care Quality Standards which detail the standards of care a person can expect as an aged care consumer. For example:
• Standard 8 – Organisational Governance
Requires approved providers to have in place effective risk management systems and practices that enable them (among other things) to manage high-impact risks associated with the care of consumers, and to identify and respond to abuse and neglect of consumers.
• Standard 6 – Feedback and Complaints
Requires approved providers to demonstrate that an open disclosure process is used when things go wrong in providing care for consumers.
A provider is also legally required to help consumers understand their rights under the Charter of Aged Care Rights.
Taken together, the above requirements reinforce the importance of aged care providers having an effective incident management system in place.
An incident management system is a set of processes and procedures used to prevent, manage, and respond to incidents. This system should support an aged care provider and their staff to take appropriate action when there is an alleged, suspected, or witnessed incident.
Appropriate action includes:
- action to remove consumer/s from harm and to reduce or address the impact on any consumer/s
- identification and immediate internal reporting of the allegation, suspicion, or witnessed incident
- documenting the incident
- further investigation if warranted
- reporting to external authorities within statutory timeframes, including the police and the Commission.
The role of the Commission under the SIRS
The Commission will be responsible for administering the SIRS and will receive serious incident reports from aged care providers. The Commission will have the power to take regulatory action where appropriate to address non-compliance with provider responsibilities and will have new powers to issue compliance notices for suspected non-compliance with SIRS obligations.
The Commission will publish information regularly on the operation of the SIRS, and this information will be expanded over time.
How can I make a complaint about my aged care home?
You can raise your concern with the staff or managers at your aged care home as this is often the best way to have your concerns resolved without delay. All aged care providers are required to have a complaints system in place.
Alternatively, the Commission provides a free service for anyone to raise a concern about the quality of care or services provided to people receiving Australian Government funded aged care. Find out more at agedcarequality.gov.au or call 1800 951 822.
Accessing the Older Persons Advocacy Network (OPAN)
OPAN supports older persons and their representatives to effectively access and interact with Australian Government funded aged care services and have their rights protected. OPAN is made up of nine state- and territory-based service delivery organisations. OPAN can be reached on 1800 700 600 or by visiting opan.com.au.
Resources
Resources The Commission is working to develop helpful resources to support aged care consumers in understanding the SIRS and the obligations of the aged care service provider.
Fact Sheets
• What is the SIRS? A fact sheet for aged care consumers (download)
All SIRS resources can also be found in our resource library.
Compulsory reporting
Approved providers have existing responsibilities in relation to reporting suspicions or allegations of reportable assaults occurring at their services within 24 hours to local police and the Commission.
Read more about existing compulsory reporting responsibilities.
Department of Health website
Department of Health website More information about the SIRS is available on the Department of Health website:
- SIRS model for implementation – This paper sets out the structure and operation of the SIRS for residential aged care and flexible care delivered in a residential aged care setting.
- Serious Incident Response Scheme (SIRS) – detailed information about the SIRS.
- Email: SIRS@health.gov.au.
Make a complaint about care or services you or someone else is receiving
Complaints are important because they can help your aged care service improve the quality of care and services they provide to you. Your complaint can help other people too.
If you feel comfortable, you can raise your concern with the staff or managers at your aged care service first, as this is often the best way to have your concerns resolved. All aged care providers are required to have a complaints system in place. If this doesn’t work or you don’t feel comfortable, the Commission can support you to resolve your concern with your aged care provider.
The Commission provides a free service for anyone to raise a concern or make a complaint about the quality of care or services provided to people receiving Australian Government funded aged care. Find out more at agedcarequality.gov.au or call 1800 951 822.
If you need free assistance in raising your concerns about an Australian Government funded aged care service, an aged care advocate can support you. Please visit the Older Persons Advocacy Network (OPAN) website or call 1800 700 600 to find out more.