Document ID: chunk:federal_register_of_legislation:C2007A00051:clause:2_1:p2
Version: federal_register_of_legislation:C2007A00051
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 2/3)
Character Range: 18162–20974

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 the information indicates that a reportable assault has occurred.

Note 2: The responsibility under subsection (6) covers not only compliance by the approved provider itself with the relevant provisions of section 96‑8, 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

 (7) If a person reports a suspected *reportable assault to the 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) a police officer with responsibility relating to an area including the place where the assault is suspected to have occurred;
 (b) the Secretary;
 (c) 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;
 (d) one of the approved provider's *key personnel.

 (8) If a person reports a suspected *reportable assault to someone (the report recipient) who is one of the approved provider's:
 (a) *key personnel; or
 (b) staff members authorised by the provider to receive reports of suspected reportable assaults;
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 (7)(a), (b), (c) or (d).

Definitions

 (9) In this section:

reportable assault means unlawful sexual contact, unreasonable use of force, or assault specified in the Accountability Principles and constituting an offence against a law of the Commonwealth or a State or Territory, that is inflicted on a person when:
 (a) the person is receiving residential care in respect of which the provider is approved; and
 (b) either:
 (i) subsidy is payable under Chapter 3 for provision of the care to the person; or
 (ii) the person is approved under Part 2.3 as the recipient of that type of residential care.

Note: The Accountability Principles may specify an assault by reference to a class: see subsection 13(3) of the Legislative Instruments Act 2003.

staff member of an approved provider means an individual who is employed, hired, retained or contracted by the approved provider (whether directly or through an employment