Australian Capital Territory
Reportable Conduct and Information Sharing Legislation Amendment Act 2017
A2017-48
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Children and Young People Act 2008
	4	Division 25.3.3 heading	3
	5	Definitions—div 25.3.3
Section 863A (1), definition of designated entity, paragraph (a)	3
	6	Section 863A (1), new definitions	3
	7	Section 863B heading	3
	8	Section 863B (1)	4
	9	Section 863B (1)	4
	10	Section 863B (2)	4
	11	Section 863B (2) (b)	4
	12	Section 863C heading	5
	13	Section 863C (1)	5
	14	New section 863CA	5
	15	Sections 863D, 863E and 863F	6
	16	Section 863G heading	6
	17	Section 863G	6
	18	Dictionary, new definition of child safety information sharing entity	6
	19	Dictionary, definition of designated entity	7
	20	Dictionary, new definition of head	7
	21	Dictionary, definition of reportable conduct information	7
Part 3	Ombudsman Act 1989
	22	Functions—investigating complaints under Act
Section 5 (2) (l)	8
	23	Section 5 (2) (l), new note	8
	24	Section 5 (2) (o)	8
	25	Section 5 (8), new definitions	8
	26	Definitions—div 2.2A
Section 17D (1), definition of designated entity	9
	27	Section 17D (1), definition of employee	9
	28	Section 17D (1), new definition of reportable conduct	10
	29	Section 17D (2)	10
	30	New sections 17EA and 17EB	10
	31	Section 17H heading	12
	32	Section 17H (2) and (3)	13
	33	New section 34A	13
	34	Dictionary, definition of designated entity	14

Australian Capital Territory
Reportable Conduct and Information Sharing Legislation Amendment Act 2017
A2017-48

An Act to amend legislation about reportable conduct and information sharing, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Reportable Conduct and Information Sharing Legislation Amendment Act 2017.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Children and Young People Act 2008 and the Ombudsman Act 1989.

Part 2	Children and Young People Act 2008
4	Division 25.3.3 heading
substitute
Division 25.3.3	Sharing reportable conduct information
5	Definitions—div 25.3.3
Section 863A (1), definition of designated entity, paragraph (a)
substitute
	(a)	see the Ombudsman Act 1989, section 17EA; and
6	Section 863A (1), new definitions
insert
child safety information sharing entity means an entity to which the ombudsman may disclose information under the Ombudsman Act 1989, section 34A.
head, of a designated entity—see the Ombudsman Act 1989, section 17D (1).
7	Section 863B heading
substitute
863B	Entity may request reportable conduct information
8	Section 863B (1)
omit
A designated entity
substitute
A child safety information sharing entity or the head of a designated entity
9	Section 863B (1)
omit
another designated entity
substitute
another child safety information sharing entity or designated entity
10	Section 863B (2)
before 1st mention of
designated entity
insert
child safety information sharing entity or
11	Section 863B (2) (b)
before
a designated entity
insert
a child safety information sharing entity or
12	Section 863C heading
substitute
863C	Entity may provide reportable conduct information
13	Section 863C (1)
before
a designated entity
insert
a child safety information sharing entity or
14	New section 863CA
insert
863CA	Unsolicited provision of information
A child safety information sharing entity or the head of a designated entity (the providing entity) may, on the providing entity’s own initiative, give reportable conduct information to another child safety information sharing entity or a designated entity (the receiving entity) if the providing entity is satisfied on reasonable grounds that giving the information is relevant for the receiving entity to—
	(a)	do any of the following for the safety, welfare or wellbeing of a child, young person or class of child or young person:
	(i)	make a decision or an assessment;
	(ii)	plan, begin, or conduct an investigation;
	(iii)	provide any other service in accordance with the receiving entity’s functions; or
	(b)	deal with a risk to a child, young person or class of child or young person that might arise in the course of the receiving entity’s operation as a child safety information sharing entity or designated entity, including as an employer.
15	Sections 863D, 863E and 863F
before
designated entity
insert
child safety information sharing entity or a
16	Section 863G heading
substitute
863G	Coordination etc between entities
17	Section 863G
before
designated entities
insert
child safety information sharing entities and
18	Dictionary, new definition of child safety information sharing entity
insert
child safety information sharing entity, for division 25.3.3 (Sharing reportable conduct information)—see section 863A (1).
19	Dictionary, definition of designated entity
substitute
designated entity, for division 25.3.3 (Sharing reportable conduct information)—see section 863A (1).
20	Dictionary, new definition of head
insert
head, of a designated entity, for division 25.3.3 (Sharing reportable conduct information)—see the Ombudsman Act 1989, section 17D (1).
21	Dictionary, definition of reportable conduct information
substitute
reportable conduct information, for division 25.3.3 (Sharing reportable conduct information)—see section 863A (1).

Part 3	Ombudsman Act 1989
22	Functions—investigating complaints under Act
Section 5 (2) (l)
after last mention of
those persons
insert
, other than action taken in relation to a reportable allegation or a reportable conviction
23	Section 5 (2) (l), new note
insert
Note	The ombudsman may, under s 17K, conduct an investigation into any reportable allegation or reportable conviction involving an employee of a designated entity.
24	Section 5 (2) (o)
after 1st mention of
agency
insert
, other than action taken in relation to a reportable allegation or a reportable conviction
25	Section 5 (8), new definitions
insert
reportable allegation—see section 17D.
reportable conviction—see section 17D.
26	Definitions—div 2.2A
Section 17D (1), definition of designated entity
substitute
designated entity—see section 17EA.
27	Section 17D (1), definition of employee
substitute
employee, of a designated entity—
	(a)	means a person who is engaged—
	(i)	under a contract of employment with the designated entity; or
	(ii)	by the designated entity to provide services to children (other than under a contract of employment); or
Examples
·	out-of-home carer
·	volunteer
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(iii)	by another entity (whether or not under a contract of employment) to provide services to children on behalf of the designated entity; and
Example
subcontractor
	(b)	for a designated entity that, in accordance with the Children and Young People Act 2008, authorises an out-of-home carer to exercise daily care responsibility or long-term care responsibility for a child—includes an adult who stays for at least 21 days at premises provided by the authorised out‑of‑home carer for the child to live.
28	Section 17D (1), new definition of reportable conduct
insert
reportable conduct—see section 17E.
29	Section 17D (2)
omit
30	New sections 17EA and 17EB
insert
17EA	Meaning of designated entity—div 2.2A
	(1)	For this division, an entity is a designated entity if—
	(a)	it is 1 of the following: 
	(i)	an administrative unit;
	(ii)	a health service;
	(iii)	a government school or a non-government school;
	(iv)	an education and care service;
	(v)	a childcare service;
	(vi)	an approved kinship and foster care organisation;
	(vii)	an approved residential care organisation;
	(viii)	any other entity prescribed by regulation; and
	(b)	it is not exempted by regulation.
	(2)	In this section:
approved kinship and foster care organisation—see the Children and Young People Act 2008, section 502.
approved residential care organisation—see the Children and Young People Act 2008, section 502.
childcare service—see the Children and Young People Act 2008, section 732.
education and care service—see the Education and Care Services National Law (ACT).
government school—see the Education Act 2004, dictionary.
health service means the following services:
	(a)	ambulance services;
	(b)	services provided by a public health facility;
	(c)	hospital services;
	(d)	any other services prescribed by regulation.
non-government school—see the Education Act 2004, dictionary.
17EB	Designated entity to have practices and procedures to deal with reportable conduct
	(1)	The head of a designated entity must ensure that the entity has in place practices and procedures—
	(a)	for preventing reportable conduct by an employee of the entity—
	(i)	in the course of the employee’s employment with the entity; or
	(ii)	other than in the course of the employee’s employment with the entity if the employment would facilitate the employee’s reportable conduct; and
	(b)	to enable any person, including an employee of the entity, to notify the head of the entity of a reportable allegation or reportable conviction involving an employee of the entity; and
	(c)	for dealing with a reportable allegation or reportable conviction involving an employee of the entity; and
	(d)	for the receipt, handling and disclosure of information relating to reportable allegations, reportable convictions and investigation information.
	(2)	In this section:
procedures includes policies.
31	Section 17H heading
substitute
17H	Information may be disclosed to ombudsman
32	Section 17H (2) and (3)
omit
33	New section 34A
insert
34A	Ombudsman may disclose child safety information
	(1)	The ombudsman may, if the ombudsman is satisfied on reasonable grounds that information received by the ombudsman under this Act is relevant to the safety, health or wellbeing of a child or class of child, disclose the information to any of the following:
	(a)	the chief police officer;
	(b)	a law enforcement agency;
	(c)	the human rights commission;
	(d)	the director-general responsible for the Children and Young People Act 2008, other than that Act, chapter 20;
	(e)	the director-general responsible for the Education Act 2004;
	(f)	the director-general responsible for the Education and Care Services National Law (ACT);
	(g)	the chief executive officer of the ACT Teacher Quality Institute;
	(h)	the commissioner for fair trading; 
	(i)	the director-general responsible for the Health Act 1993;
	(j)	any other entity prescribed by regulation.
	(2)	In this section:
ACT Teacher Quality Institute means the institute established under the ACT Teacher Quality Institute Act 2010, section 10.
law enforcement agency—see the Spent Convictions Act 2000, dictionary.
34	Dictionary, definition of designated entity
substitute
designated entity, for division 2.2A (Reportable conduct)—see section 17EA.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 2 November 2017.
2	Notification
	Notified under the Legislation Act on 12 December 2017.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Reportable Conduct and Information Sharing Legislation Amendment Bill 2017, which was passed by the Legislative Assembly on 30 November 2017. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2017