Document ID: chunk:federal_register_of_legislation:F2023L01725:reg:10
Version: federal_register_of_legislation:F2023L01725
Segment Type: reg
Provision Reference: reg 10
Character Range: 8098–9841

10  When eligible organisation, person or body breaches transitional code of conduct because of conduct by other persons
 (1) This section sets out the circumstance in which an eligible organisation, person or body breaches the code of conduct set out in subsection 9(2) because of an act, or an omission to perform an act, by:
 (a) a member of the key personnel (within the meaning of the Act) of the eligible organisation, person or body; or
 (b) another person (an employee) who is employed, or otherwise engaged, by the eligible organisation, person or body.
 (2) The circumstance is that:
 (a) the member or employee undertakes, or participates in undertaking, an activity to which an arrangement or grant mentioned in subsection 9(1) relates for or on behalf of the eligible organisation, person or body by:
 (i) providing the 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 activity; or
 (iii) performing duties in relation to any complaints management and resolution system required to be implemented and maintained under the arrangement or grant; or
 (iv) performing duties in relation to any incident management system required to be implemented and maintained under the arrangement or grant; or
 (v) doing anything incidental to any of the matters mentioned in the preceding subparagraphs; and
 (b) while undertaking, or participating in undertaking, the activity, the member or employee does not comply with the code of conduct.
 (3) Subsection (2) applies whether or not the member or employee undertakes, or participates in undertaking, the activity during the ordinary working hours of the member or employee.