Document ID: chunk:federal_register_of_legislation:F2023C01018:reg:6:p7
Version: federal_register_of_legislation:F2023C01018
Segment Type: reg
Provision Reference: reg 6 (pt 7/15)
Character Range: 46211–49053

1: Company is defined in section 205‑10 of the Act to include a body corporate or any unincorporated association or body of persons (but not a partnership).
Note 2: Paragraph (c) applies in situations where paragraph (a) cannot apply, for example, if there is only one director or all the directors have a similar conflict.
Note 3: Part 7‑6 of the Act provides for the approval of forms.
Note 4: A responsible entity may disclose a conflict of interest in the form of a standing notice with ongoing effect.
 (4) If the responsible entity's conduct is consistent with Subdivision 45‑C, the responsible entity is taken to have complied with the duties mentioned in subsection (2).
 (5) In this section:
insolvent has the same meaning as in the Corporations Act 2001.

45.30  Governance standard 6—Maintaining and enhancing public trust and confidence in the Australian not‑for‑profit sector

Object
 (1) The object of this governance standard is to maintain and enhance public trust and confidence in the Australian not‑for‑profit sector by ensuring that a registered entity's governance enables it to be accountable for its past conduct relating to institutional child sexual abuse.

Standard
 (2) A registered entity must take reasonable steps to become a participating non‑government institution if the entity is, or is likely to be, identified as being involved in the sexual abuse of a person:
 (a) in an application for redress made under section 19 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 before, on or after the day this section commences; or
 (b) in information given in response to a request made under section 24 or 25 of that Act in relation to such an application.
Note 1: The reasonable steps that a registered entity could take include agreeing to participate in the National Redress Scheme for Institutional Child Sexual Abuse (the Redress Scheme) for the purposes of paragraph 115(3)(c) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
Note 2: Once a registered entity has become a participating non‑government institution, the entity is subject to the Redress Scheme.
 (3) For the purposes of subsection (2), it does not matter whether the application is valid.

Subdivision 45‑C—Protections under governance standard 5

45.100  Reasonable steps taken to ensure compliance with duties
  If a responsible entity meets a protection mentioned in this Subdivision, the registered entity is taken to have taken all reasonable steps to ensure that its responsible entities have complied with the duties set out in section 45.25.

45.105  Protection 1
 (1) A responsible entity meets this protection if the responsible entity, in the exercise of the responsible entity's duties, relies on information, including professional or expert advice, in good faith, and after