Reportable Conduct and Information Sharing Legislation Amendment Act 2017 (ACT)

Case

Reportable Conduct and Information Sharing Legislation Amendment Act 2017

A2017-48

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Children and Young People Act 2008

4            Division 25.3.3 heading  3

5            Definitions—div 25.3.3Section 863A (1), definition of designated entity, paragraph (a)             3

6            Section 863A (1), new definitions  3

7           Section 863B heading  3

8            Section 863B (1)  4

9            Section 863B (1)  4

10          Section 863B (2)  4

11          Section 863B (2) (b)  4

12          Section 863C heading  5

13          Section 863C (1)  5

14          New section 863CA  5

15          Sections 863D, 863E and 863F  6

16          Section 863G heading  6

17          Section 863G  6

18          Dictionary, new definition of child safety information sharing entity          6

19          Dictionary, definition of designated entity  7

20          Dictionary, new definition of head  7

21          Dictionary, definition of reportable conduct information  7

Part 3Ombudsman Act 1989

22          Functions—investigating complaints under ActSection 5 (2) (l)  8

23          Section 5 (2) (l), new note  8

24          Section 5 (2) (o)  8

25          Section 5 (8), new definitions  8

26          Definitions—div 2.2ASection 17D (1), definition of designated entity  9

27          Section 17D (1), definition of employee  9

28          Section 17D (1), new definition of reportable conduct  10

29          Section 17D (2)  10

30          New sections 17EA and 17EB  10

31          Section 17H heading  12

32          Section 17H (2) and (3)  13

33          New section 34A  13

34          Dictionary, definition of designated entity  14

Reportable Conduct and Information Sharing Legislation Amendment Act 2017

A2017-48

An Act to amend legislation about reportable conduct and information sharing, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Reportable Conduct and Information Sharing Legislation Amendment Act 2017.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Children and Young People Act 2008 and the Ombudsman Act 1989.

Part 2Children and Young People Act 2008

  1. Division 25.3.3 heading

    substitute

Division 25.3.3        Sharing reportable conduct information

  1. Definitions—div 25.3.3
    Section 863A (1), definition of designated entity, paragraph (a)

    substitute

    (a)see the Ombudsman Act 1989, section 17EA; and

  2. Section 863A (1), new definitions

    insert

    child safety information sharing entity means an entity to which the ombudsman may disclose information under the Ombudsman Act 1989, section 34A.

    head, of a designated entity—see the Ombudsman Act 1989, section 17D (1).

  3. Section 863B heading

    substitute

863BEntity may request reportable conduct information

  1. Section 863B (1)

    omit

    A designated entity

    substitute

    A child safety information sharing entity or the head of a designated entity

  2. Section 863B (1)

    omit

    another designated entity

    substitute

    another child safety information sharing entity or designated entity

  3. Section 863B (2)

    before 1st mention of

    designated entity

    insert

    child safety information sharing entity or

  4. Section 863B (2) (b)

    before

    a designated entity

    insert

    a child safety information sharing entity or

  5. Section 863C heading

    substitute

863CEntity may provide reportable conduct information

  1. Section 863C (1)

    before

    a designated entity

    insert

    a child safety information sharing entity or

  2. New section 863CA

    insert

863CAUnsolicited provision of information

A child safety information sharing entity or the head of a designated entity (the providing entity) may, on the providing entity’s own initiative, give reportable conduct information to another child safety information sharing entity or a designated entity (the receiving entity) if the providing entity is satisfied on reasonable grounds that giving the information is relevant for the receiving entity to—

(a)do any of the following for the safety, welfare or wellbeing of a child, young person or class of child or young person:

(i)make a decision or an assessment;

(ii)plan, begin, or conduct an investigation;

(iii)provide any other service in accordance with the receiving entity’s functions; or

(b)deal with a risk to a child, young person or class of child or young person that might arise in the course of the receiving entity’s operation as a child safety information sharing entity or designated entity, including as an employer.

  1. Sections 863D, 863E and 863F

    before

    designated entity

    insert

    child safety information sharing entity or a

  2. Section 863G heading

    substitute

863GCoordination etc between entities

  1. Section 863G

    before

    designated entities

    insert

    child safety information sharing entities and

  2. Dictionary, new definition of child safety information sharing entity

    insert

    child safety information sharing entity, for division 25.3.3 (Sharing reportable conduct information)—see section 863A (1).

  3. Dictionary, definition of designated entity

    substitute

    designated entity, for division 25.3.3 (Sharing reportable conduct information)—see section 863A (1).

  4. Dictionary, new definition of head

    insert

    head, of a designated entity, for division 25.3.3 (Sharing reportable conduct information)—see the Ombudsman Act 1989, section 17D (1).

  5. Dictionary, definition of reportable conduct information

    substitute

    reportable conduct information, for division 25.3.3 (Sharing reportable conduct information)—see section 863A (1).

Part 3Ombudsman Act 1989

  1. Functions—investigating complaints under Act
    Section 5 (2) (l)

    after last mention of

    those persons

    insert

    , other than action taken in relation to a reportable allegation or a reportable conviction

  2. Section 5 (2) (l), new note

    insert

    NoteThe ombudsman may, under s 17K, conduct an investigation into any reportable allegation or reportable conviction involving an employee of a designated entity.

  3. Section 5 (2) (o)

    after 1st mention of

    agency

    insert

    , other than action taken in relation to a reportable allegation or a reportable conviction

  4. Section 5 (8), new definitions

    insert

    reportable allegation—see section 17D.

    reportable conviction—see section 17D.

  5. Definitions—div 2.2A
    Section 17D (1), definition of designated entity

    substitute

    designated entity—see section 17EA.

  6. Section 17D (1), definition of employee

    substitute

    employee, of a designated entity—

    (a)means a person who is engaged—

    (i)under a contract of employment with the designated entity; or

    (ii)by the designated entity to provide services to children (other than under a contract of employment); or

    Examples

    ·out-of-home carer

    ·volunteer

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (iii)by another entity (whether or not under a contract of employment) to provide services to children on behalf of the designated entity; and

    Example

    subcontractor

    (b)for a designated entity that, in accordance with the Children and Young People Act 2008, authorises an out-of-home carer to exercise daily care responsibility or long-term care responsibility for a child—includes an adult who stays for at least 21 days at premises provided by the authorised out‑of‑home carer for the child to live.

  7. Section 17D (1), new definition of reportable conduct

    insert

    reportable conduct—see section 17E.

  8. Section 17D (2)

    omit

  9. New sections 17EA and 17EB

    insert

17EAMeaning of designated entity—div 2.2A

(1)For this division, an entity is a designated entity if—

(a)it is 1 of the following:

(i)an administrative unit;

(ii)a health service;

(iii)a government school or a non-government school;

(iv)an education and care service;

(v)a childcare service;

(vi)an approved kinship and foster care organisation;

(vii)an approved residential care organisation;

(viii)any other entity prescribed by regulation; and

(b)it is not exempted by regulation.

(2)In this section:

approved kinship and foster care organisation—see the Children and Young People Act 2008, section 502.

approved residential care organisation—see the Children and Young People Act 2008, section 502.

childcare service—see the Children and Young People Act 2008, section 732.

education and care service—see the Education and Care Services National Law (ACT).

government school—see the Education Act 2004, dictionary.

health service means the following services:

(a)ambulance services;

(b)services provided by a public health facility;

(c)hospital services;

(d)any other services prescribed by regulation.

non-government school—see the Education Act 2004, dictionary.

17EBDesignated entity to have practices and procedures to deal with reportable conduct

(1)The head of a designated entity must ensure that the entity has in place practices and procedures—

(a)for preventing reportable conduct by an employee of the entity—

(i)in the course of the employee’s employment with the entity; or

(ii)other than in the course of the employee’s employment with the entity if the employment would facilitate the employee’s reportable conduct; and

(b)to enable any person, including an employee of the entity, to notify the head of the entity of a reportable allegation or reportable conviction involving an employee of the entity; and

(c)for dealing with a reportable allegation or reportable conviction involving an employee of the entity; and

(d)for the receipt, handling and disclosure of information relating to reportable allegations, reportable convictions and investigation information.

(2)In this section:

procedures includes policies.

  1. Section 17H heading

    substitute

17HInformation may be disclosed to ombudsman

  1. Section 17H (2) and (3)

    omit

  2. New section 34A

    insert

34AOmbudsman may disclose child safety information

(1)The ombudsman may, if the ombudsman is satisfied on reasonable grounds that information received by the ombudsman under this Act is relevant to the safety, health or wellbeing of a child or class of child, disclose the information to any of the following:

(a)the chief police officer;

(b)a law enforcement agency;

(c)the human rights commission;

(d)the director-general responsible for the Children and Young People Act 2008, other than that Act, chapter 20;

(e)the director-general responsible for the Education Act 2004;

(f)the director-general responsible for the Education and Care Services National Law (ACT);

(g)the chief executive officer of the ACT Teacher Quality Institute;

(h)the commissioner for fair trading;

(i)the director-general responsible for the Health Act 1993;

(j)any other entity prescribed by regulation.

(2)In this section:

ACT Teacher Quality Institute means the institute established under the ACT Teacher Quality Institute Act 2010, section 10.

law enforcement agency—see the Spent Convictions Act 2000, dictionary.

  1. Dictionary, definition of designated entity

    substitute

    designated entity, for division 2.2A (Reportable conduct)—see section 17EA.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 2 November 2017.

  2. Notification

    Notified under the Legislation Act on 12 December 2017.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Reportable Conduct and Information Sharing Legislation Amendment Bill 2017, which was passed by the Legislative Assembly on 30 November 2017.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2017

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