Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p28
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 28/53)
Character Range: 408171–410994

enforcement of the civil penalty provisions in this section, see Part 8A of the Quality and Safety Commission Act.

54‑7  Right to compensation
  If:
 (a) a person contravenes subsection 54‑6(1) or (2); and
 (b) another person suffers damage because of the contravention;
the person in contravention is liable to compensate the other person for the damage.

54‑8  Approved providers' responsibilities in relation to informants

Ensuring staff member informants are not victimised
 (1) An approved provider is responsible for ensuring, as far as reasonably practicable, compliance with paragraphs 54‑5(1)(b) and (2)(b) and subsections 54‑6(1) and (2) in relation to a person who:
 (a) is a *staff member of the approved provider; and
 (b) makes a disclosure that qualifies for protection under section 54‑4.
Note: The responsibility under subsection (1) covers not only compliance by the approved provider itself with the relevant provisions of sections 54‑5 and 54‑6 but extends to the approved provider ensuring as far as reasonably practicable that there is also compliance by others, such as:
(a) other staff members of the approved provider; and
(b) other parties with whom the approved provider contracts (for example, an employment agency).

Protecting informants' identities
 (2) If a person reports a *reportable incident to an approved provider, the provider is responsible for taking reasonable measures to ensure that the fact that the person was the maker of the report is not disclosed, except to one or more of the following:
 (a) the *Quality and Safety Commissioner;
 (b) a person, authority or court to which the approved provider is required by a law of the Commonwealth or a State or Territory to disclose the fact;
 (c) one of the approved provider's *key personnel;
 (d) a police officer.
 (3) If a person reports a *reportable incident to someone (the report recipient) who is:
 (a) one of an approved provider's *key personnel; or
 (b) a person authorised by an approved provider to receive reports of reportable incidents;
the provider is responsible for taking reasonable measures to ensure that the report recipient does not disclose the fact that the person was the maker of the report, except to the provider or a person described in paragraph (2)(a), (b), (c) or (d).

54‑9  Restrictive practice in relation to a care recipient
 (1) A restrictive practice in relation to a care recipient is any practice or intervention that has the effect of restricting the rights or freedom of movement of the care recipient.
 (2) Without limiting subsection (1), the Quality of Care Principles may provide that a practice or intervention is a restrictive practice in relation to a care recipient.

54‑10  Matters that Quality of Care Principles must require etc.
 (1) The Quality of Care Principles made for