Document ID: chunk:federal_register_of_legislation:F2023L01725:reg:7
Version: federal_register_of_legislation:F2023L01725
Segment Type: reg
Provision Reference: reg 7
Character Range: 4380–6117

7  When covered person breaches code of conduct because of conduct by other persons
 (1) This section sets out the circumstance in which a covered person breaches the code of conduct set out in subsection 6(2) because of an act, or an omission to perform an act, by:
 (a) a member of the key personnel of the covered person; or
 (b) another person (an employee) who is employed, or otherwise engaged, by the person.
 (2) The circumstance is that:
 (a) the member or employee undertakes, or participates in undertaking, an eligible activity for or on behalf of the covered person by:
 (i) providing the eligible activity to a person with disability; or
 (ii) engaging with a person with disability (or the person's family or carers) regarding the person's participation in the eligible activity; or
 (iii) performing duties in relation to the complaints management and resolution system implemented and maintained by the covered person; or
 (iv) performing duties in relation to the incident management system implemented and maintained by the covered person; or
 (v) doing anything incidental to any of the matters mentioned in the preceding subparagraphs; and
 (b) while undertaking, or participating in undertaking, the eligible activity, the member or employee does not comply with the code of conduct.
Note: For the requirement for the covered person to implement and maintain a complaints management and resolution system and an incident management system, see subsections 15(4) and (5) of the Act.
 (3) Subsection (2) applies whether or not the member or employee undertakes, or participates in undertaking, the eligible activity during the ordinary working hours of the member or employee.

Part 3—Transitional code of conduct