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CHILD WELLBEING AND SAFETY ACT 2005 - SECT 16M Head of entity to notify Commission of reportable allegation

CHILD WELLBEING AND SAFETY ACT 2005 - SECT 16M

Head of entity to notify Commission of reportable allegation

    (1)     If the head of an entity becomes aware of a reportable allegation against an employee of the entity, the head must notify the Commission in writing of the following—

        (a)     within 3 business days after becoming aware of the reportable allegation

              (i)     that a reportable allegation has been made against an employee of the entity; and

              (ii)     the name (including any former name and alias, if known) and date of birth, if known, of the employee concerned; and

              (iii)     whether Victoria Police has been contacted about the reportable allegation; and

              (iv)     the name, address and telephone number of the entity; and

              (v)     the name of the head of the entity; and

        (b)     as soon as practicable and within 30 days after becoming aware of the reportable allegation—

              (i)     detailed information about the reportable allegation; and

              (ii)     whether or not the entity proposes to take any disciplinary or other action in relation to the employee and the reasons why it intends to take, or not to take, that action; and

              (iii)     any written submissions made to the head of the entity concerning the reportable allegation that the employee wished to have considered in determining what, if any, disciplinary or other action should be taken in relation to the employee.

    (2)     This section does not apply to the head of an entity, or an entity belonging to a class of entities, that the Commission has exempted under  section 16I(1)(a) in respect of a class or kind or conduct that is the subject of the reportable allegation.

    (3)     Subsection (1)(b) does not apply to the head of an entity, or an entity belonging to a class of entities, that the Commission has exempted under  section 16I(1)(b) in respect of a class or kind of conduct that is the subject of the reportable allegation.

    (4)     The head of an entity must not fail, without reasonable excuse, to comply with subsection (1).

Penalty:     10 penalty units.

    (5)     It is a defence to a charge for an offence against subsection (4) for the person charged to prove that the person honestly and reasonably believed that another person had notified the Commission of the reportable allegation in accordance with subsection (1).

S. 16N inserted by No. 4/2017 s. 6.