Document ID: chunk:federal_register_of_legislation:C2007A00051:clause:2_1:p1
Version: federal_register_of_legislation:C2007A00051
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 1/3)
Character Range: 15493–18408

1  After section 63‑1
Insert:

63‑1AA  Responsibilities relating to alleged and suspected assaults

 (1) This section sets out the responsibilities of an approved provider of residential care relating to an allegation or suspicion of a *reportable assault (see subsection (9)).

Reporting reportable assaults

 (2) If the approved provider receives an allegation of, or starts to suspect on reasonable grounds, a *reportable assault, the approved provider is responsible for reporting the allegation or suspicion as soon as reasonably practicable, and in any case within 24 hours, to:
 (a) a police officer with responsibility relating to an area including the place where the assault is alleged or suspected to have occurred; and
 (b) the Secretary.

 (3) Subsection (2) does not apply in the circumstances (if any) specified in the Accountability Principles, but the approved provider is responsible for complying with the requirements (if any) that those Principles make of the provider in relation to any of those circumstances or the alleged or suspected *reportable assault.

 (4) To avoid doubt, subsections (2) and (3) do not:
 (a) affect any obligation the approved provider has under a law of a State or Territory to report a *reportable assault or an allegation or suspicion of a reportable assault; or
 (b) prevent the approved provider from reporting to a police officer or the Secretary a reportable assault or an allegation or suspicion of a reportable assault.

Requiring staff members to report reportable assaults

 (5) The approved provider is responsible for taking reasonable measures to require each of its staff members who provides a service connected with the approved provider's residential care service and who suspects on reasonable grounds that a *reportable assault has occurred to report the suspicion as soon as reasonably practicable to one or more of the following chosen by the member:
 (a) the approved provider;
 (b) one of the approved provider's *key personnel;
 (c) another person authorised by the approved provider to receive reports of suspected reportable assaults;
 (d) a police officer with responsibility relating to an area including the place where the assault is suspected to have occurred;
 (e) the Secretary.

Note: Subsection (9) defines staff member of an approved provider.

Ensuring staff member informants are not victimised

 (6) The approved provider is responsible for ensuring, as far as reasonably practicable, compliance with paragraphs 96‑8(2)(b) and (3)(b) and subsections 96‑8(6) and (7) in relation to a person who:
 (a) is one of the approved provider's staff members; and
 (b) makes a disclosure that qualifies for protection under section 96‑8.

Note 1: Under section 96‑8, some disclosures of information qualify for protection if they are made by a staff member of an approved provider and the member has reasonable grounds to suspect that