Tasmania: Child and Youth Safe Organisations Act 2023 (Tas)

Child and Youth Safe Organisations Act 2023 An Act to establish standards for the safety and wellbeing of children and youths, to provide for the responsibilities of certain entities in relation to those standards, to establish a reportable conduct scheme, to provide for the application, administration and monitoring of that scheme and for related matters [Royal Assent 13 June 2023] Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Child and Youth Safe Organisations Act 2023 . 2. Commencement This Act commences on 1 July 2023. 3. Object of Act Without limiting the provisions of the Act, the object of the Act is to protect and promote the best interests of children. 4. Interpretation In this Act, unless the contrary intention appears – child means a person who has not attained the age of 18 years; conviction, in relation to an offence, includes – (a) a finding of guilt; and (b) the acceptance of a guilty plea – whether or not a conviction is recorded in respect of the offence or the offence was committed in this State or elsewhere; Deputy Regulator means the person appointed as the Deputy Independent Regulator under section 11 ; document has the same meaning as in the Evidence Act 2001 ; entity – see section 5 ; entity regulator, in relation to an entity, means a body, determined to be the entity regulator in relation to the entity under section 9 , that is one of the following: (a) a Government Agency that is responsible for regulating the entity; (b) a Government Agency that provides funding to the entity; (c) any other body – (i) that regulates or funds the entity or a worker of the entity; and (ii) that is prescribed for the purposes of this definition; Government Agency means an Agency within the meaning of the State Service Act 2000 ; guardian has the same meaning as in the Children, Young Persons and Their Families Act 1997 ; head, in relation to an entity, means – (a) if the entity is a Government Agency, the Head of Agency within the meaning of the State Service Act 2000 , or the delegate of the Head of Agency; or (b) if the regulations prescribe a person or class of persons as the head of an entity, the prescribed person or a member of the prescribed class of persons; or (c) in any other case – (i) the chief executive officer of the entity (however titled or described); or (ii) if there is no chief executive officer, the principal officer of the entity (however titled or described); or (iii) if there is no chief executive officer or principal officer, a person, or the holder of a position, in the entity who is nominated by the entity as its head and approved by the Regulator; independent investigator means an independent body or person that has appropriate qualifications, training, or experience, to investigate reportable allegations or reportable convictions; law means a law of the Commonwealth, a State or a Territory; recognised Aboriginal organisation means an organisation prescribed as a recognised Aboriginal organisation for the purposes of this Act; recognised Torres Strait Islander organisation means an organisation prescribed as a recognised Torres Strait Islander organisation for the purposes of this Act; Registrar means the Registrar appointed under section 11 of the Registration to Work with Vulnerable People Act 2013 ; regulations means regulations made and in force under this Act; Regulator means the person appointed as the Independent Regulator under section 11 ; relevant entity means an entity, or a member of a class of entities – (a) specified in Schedule 3 ; or (b) prescribed for the purposes of this definition; reportable allegation means information that leads a person to form a reasonable suspicion that a worker of an entity has committed reportable conduct, whether or not the alleged reportable conduct occurred within the course of the worker's duties in respect of the entity, and regardless of whether the alleged reportable conduct occurred before the commencement of this Act; reportable conduct – see section 7 ; reportable conviction means a conviction for an offence that involves reportable conduct, regardless of whether the conduct or conviction occurred before the commencement of this Act; scheme means the obligations and requirements in relation to reportable conduct set out in Part 4 ; standards means the child and youth safe standards set out in Schedule 1 ; universal principle – means the requirement set out in section 15 ; worker – see section 8 ; youth means a person who has attained the age of 16 years but has not attained the age of 18 years. 5. Meaning of entity (1) In this section – relevant body includes, but is not limited to – (a) the Crown; and (b) an individual who carries on a business; and (c) an incorporated body or association; and (d) an unincorporated body or association (however structured). (2) For the purposes of this Act, a relevant body is an entity if – (a) the relevant body is an entity or a member of a class of entities – (i) specified in Schedule 2 or 3 ; or (ii) prescribed for the purposes of this section; and (b) in performing the functions of, or undertaking the business of, the relevant body, all or any part of the relevant body – (i) provides services specifically for children; or (ii) provides facilities specifically for use by children who are under the supervision of the entity. 6. Meaning of grooming (1) For the purposes of section 7 , grooming, in relation to a child, means conduct of a person that – (a) is intended to establish trust with the aim of normalising sexually harmful behaviour towards, or allowing the person to engage in an unlawful act, sexual offence, or sexual misconduct, against, the child; and (b) forms part of a pattern of manipulative or controlling behaviour in relation to – (i) the child; or (ii) the child's guardian, family or friends; or (iii) a worker of a relevant entity that provides services to, or has dealings with, the child. (2) Without limiting subsection (1) , grooming may – (a) take place in a range of interpersonal and social settings; and (b) employ a variety of forms of communication. 7. Meaning of reportable conduct (1) In this section – emotional or psychological harm means harm to a child's wellbeing or development, or both; neglect, of a child, means the deliberate or reckless failure to meet the basic needs of the child; physical violence means – (a) the intentional or reckless application of physical force to a person without lawful justification or excuse; or (b) any act which intentionally or recklessly causes a person to apprehend immediate and unlawful violence to the person; relevant offence means – (a) a sexual offence; or (b) an offence under section 105A of the Criminal Code ; or (c) an offence under section 178A of the Criminal Code ; or (d) an offence under section 298 , 299 or 300 of the Criminal Code in respect of an offence specified in paragraphs (b) and (c) ; sexual misconduct includes, but is not limited to, the following conduct when performed in a sexual manner or with a sexual intention: (a) inappropriate behaviour; (b) physical contact; (c) voyeurism; (d) speech or other communication including electronic communication; sexual offence means an offence of a sexual nature under a law such as, but not limited to, the following offences: (a) an offence under section 122 , 124 , 124A , 124B , 124C , 125 , 125A , 125B , 125C , 125D , 126 , 127 , 129 , 130 , 130A , 130B , 130C , 130D , 133 , 137 or 185 of the Criminal Code ; (b) an offence under section 298 , 299 or 300 of the Criminal Code in respect of an offence specified in paragraph (a) ; (c) an offence under section 72 , 72A , 73 , 73A , 74 or 74A of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 ; (d) an offence under section 8(1A)(a) or 35(3) of the Police Offences Act 1935 ; (e) an offence under section 4 , 7 , 8(2) or 9 of the Sex Industry Offences Act 2005 ; significant, in relation to emotional or psychological harm or neglect, means that the harm or neglect is more than trivial or insignificant, but is not required to be deemed serious or deemed to have a lasting permanent effect. (2) For the purposes of this Act, reportable conduct is – (a) a relevant offence committed against, with or in the presence of a child, whether or not criminal proceedings in relation to the offence have been commenced or concluded; or (b) sexual misconduct, that does not form part of a sexual offence, against, with or in the presence of a child; or (c) physical violence against a child; or (d) grooming of a child; or (e) conduct that causes, or is likely to cause, significant emotional or psychological harm to a child; or (f) significant neglect of a child; or (g) conduct prescribed for the purposes of this section – regardless of whether or not the alleged conduct occurred within the course of a worker's duties in respect of an entity. 8. Meaning of worker For the purposes of this Act, a worker, of an entity, is a person who has attained the age of 18 years who – (a) is employed by the entity, whether or not the person is employed in connection with any work or activity of the entity that relates to children; or (b) is engaged by the entity to provide services, including as a volunteer, contractor, subcontractor, consultant, director, member of a management committee, office holder or officer, whether or not the person is engaged in connection with any work or activity of the entity that relates to children; or (c) is elected to a role in respect of an entity, such as as an alderman, councillor or member of Parliament, whether or not the person provides services to children in that elected role; or (d) is engaged in training or work experience with the entity, whether or not the person is engaged in connection with any work or activity of the entity that relates to children; or (e) is carrying out work under the supervision of the entity in accordance with the order of a court, whether or not the person is working in connection with any work or activity of the entity that relates to children; or (f) if the entity is a religious body, is a minister of religion, a religious leader, a worker (within the meaning of this definition) or officer of the religious body, whether or not the person is engaged in connection with any work or activity of the entity that relates to children; or (g) is a member, in respect of the entity, of a class of persons prescribed for the purposes of this section. 9. Regulator to determine entity regulators (1) The Regulator is to determine the entity regulator in relation to each entity. (2) The Regulator is to ensure that a list of entity regulators, and the entities in relation to which they are an entity regulator, is published on a website maintained by, or on behalf of, the Regulator. 10. Delegations (1) The Regulator may delegate, to a person employed or engaged by the Regulator, any of the functions or powers of the Regulator under this Act other than this power of delegation. (2) The Regulator may delegate, for the purposes of section 36 , to an entity regulator any of the following powers of the Regulator: (a) the power to inspect premises under section 25 ; (b) the power to interview persons under sections 26 , 27 and 28 ; (c) the power to give a notice to produce a document or information under section 29 . (3) A head of an entity may delegate, to a worker of the entity, any of the functions or powers of the head under this Act other than this power of delegation. PART 2 - Independent Regulator and Deputy Independent Regulator 11. Appointment of Independent Regulator and Deputy Independent Regulator (1) In this section – known to be Aboriginal or Torres Strait Islander, in relation to a person, means that the person – (a) is of Aboriginal or Torres Strait Islander descent; and (b) identifies as Aboriginal or Torres Strait Islander; and (c) is accepted as Aboriginal by a recognised Aboriginal organisation or as a Torres Strait Islander by a recognised Torres Strait Islander organisation. (2) The Governor may appoint a person – (a) as the Independent Regulator; and (b) as the Deputy Independent Regulator. (3) If the Governor appoints a person under each of subsection (2)(a) and (b) , the Governor is to ensure that at least one of the persons so appointed, at any one time, is known to be Aboriginal or Torres Strait Islander. (4) Schedule 4 has effect in respect of an appointment made under subsection (2) . 12. Deputy Independent Regulator (1) During any illness or absence of the Regulator, or during any vacancy in the office of the Regulator, the Deputy Regulator has the functions and powers of the Regulator. (2) Any function performed or power exercised by the Deputy Regulator while acting under subsection (1) is taken to have been performed or exercised by the Regulator. (3) The Deputy Regulator, in performing and exercising the functions and powers of the Regulator, is taken to have sufficient authority to do so. 13. Performance and exercise of Regulator's functions and powers generally (1) The Regulator and Deputy Regulator are not subject to the direction or control of the Minister in respect of the performance or exercise of the functions or powers of the Regulator. (2) In addition to any other powers that are conferred on the Regulator under this or any other Act, the Regulator and Deputy Regulator have the power to do all things reasonably necessary or convenient to be done for or in connection with the performance of the functions of the Regulator under this or any other Act. (3) Unless otherwise specified, the Regulator and Deputy Regulator must act independently, impartially and in the public interest when performing a function, or exercising a power, under this Act. PART 3 - Child and Youth Safe Standards 14. Entities to comply with child and youth safe standards (1) Subject to subsections (2) and (3) , an entity is to comply with the standards. (2) An entity, or member of a class of entities, specified in clause 2 of Schedule 2 , is not required to comply with the standards until on and after 1 January 2024. (3) An entity, or member of a class of entities, specified in clause 3 of Schedule 2 , is not required to comply with the standards until on and after 1 July 2024. 15. Universal principle relating to child and youth safe standards In complying with the standards in accordance with section 14 , an entity must provide an environment that ensures that the right to cultural safety of children who identify as Aboriginal or Torres Strait Islander is respected. 16. Functions of Regulator in relation to child and youth safe standards and universal principle The Regulator has the following functions in relation to the standards and the universal principle: (a) educating, and providing advice to, entities to promote compliance by entities with the standards and the universal principle; (b) educating, and providing advice to, entities to ensure that, in the operation of the entity – (i) the safety of children is promoted; and (ii) child abuse is prevented; and (iii) allegations of child abuse are responded to properly; (c) oversight and enforcement of compliance by entities with the standards and the universal principle; (d) coordinating the ongoing provision of information, relating to the compliance by entities with the standards and the universal principle, between entity regulators; (e) collecting, analysing and publishing data in relation to the standards and the universal principle; (f) reporting – (i) to Parliament in accordance with section 60 ; and (ii) in relation to any matter arising in connection with the performance of the functions, or exercise of the powers, of the Regulator, at any other time that the Regulator thinks fit; (g) such other functions as may be prescribed. 17. Powers of Regulator in relation to child and youth safe standards and universal principle The Regulator has the following powers in relation to compliance with the standards and the universal principle: (a) to request a document or information in accordance with section 18 ; (b) to inspect premises in accordance with section 19 ; (c) to issue a notice to produce a document or information in accordance with section 20 ; (d) to issue a notice to comply with the standards or the universal principle in accordance with section 21 ; (e) to share information in accordance with Part 5 . 18. Requests for document or information The Regulator may, by written notice, request a worker of an entity, an entity or an entity regulator to provide any document or information that the Regulator reasonably requires to determine whether an entity is complying with the standards or the universal principle. 19. Inspection of premises (1) The Regulator may enter premises occupied or used by an entity, at any reasonable time, to inspect the premises, or any thing on or within the premises, if the Regulator believes on reasonable grounds that entering the premises is necessary to determine whether the entity is not complying, or not reasonably likely to comply, with the standards or the universal principle. (2) An entry onto premises may be made under subsection (1) with, or without, the consent of the person with management or control of the premises. (3) An entry onto premises may be made under subsection (1) without prior notice to any person. (4) The Regulator is to, as soon as practicable after entering premises under this section, take all reasonable steps to give notice of the entry to a worker conducting the business or undertaking of the entity in relation to which the power to enter is being exercised. (5) Despite subsection (4) , the Regulator is not required to notify a worker under that subsection if to do so would defeat the purpose for which the premises were entered or cause unreasonable delay. (6) During an inspection of premises under subsection (1) , the Regulator may – (a) observe the activities carried out at the premises; and (b) search, examine, record or film any part of the premises, or any thing on or within the premises; and (c) inspect, take an extract from, copy or remove for the purpose of copying, any document that the Regulator reasonably requires to determine whether the entity is complying with the standards or the universal principle; and (d) request any person to provide to the Regulator any information that the Regulator reasonably requires to determine whether the entity is complying with the standards or the universal principle; and (e) remain at the premises for the time necessary to achieve the purpose of the inspection of the premises. 20. Notice to produce document or information (1) If the Regulator believes on reasonable grounds that a document or information is necessary to determine whether an entity is not complying, or is not reasonably likely to comply, with the standards or the universal principle, the Regulator may give a written notice to a worker of the entity, or to the entity itself, requiring the worker or entity to produce such a document or information. (2) A notice given under subsection (1) is to specify the following: (a) the worker or entity to whom the notice is given; (b) the document or information, or the category of document or information, that must be produced; (c) the standards or the universal principle to which the document or information relates or in relation to which it is to be used; (d) the date by which the document or information must be produced, being not less than 14 days after the day on which the notice is given to the worker or entity; (e) any action that may be taken against the worker or entity under this Act for failing to comply with the notice; (f) the maximum penalty under section 45 for failing to comply with the notice; (g) the process that the worker or entity may use to seek an internal review of the decision to issue the notice; (h) any other prescribed matter. (3) Despite subsection (2)(d) , the Regulator may, if satisfied that exceptional circumstances exist, specify a date by which the document or information must be produced that is less than 14 days after the day on which the notice is given. (4) The Regulator may, by further written notice given to a worker or entity, and at any time, vary or revoke a notice given to the worker or entity under subsection (1) to produce a document or information. 21. Notice to comply with child and youth safe standards or universal principle (1) If the Regulator believes on reasonable grounds that an entity is not complying with the standards or the universal principle, the Regulator may give to the entity a written notice requiring the entity to comply with the standards or the universal principle. (2) A notice given under subsection (1) – (a) is to specify the following: (i) the reason for the issue of the notice to comply; (ii) each standard or the universal principle with which the Regulator believes the entity is not complying and the grounds for that belief; (iii) the action that the entity is required to take to address the matters that have been specified in the notice to comply; (iv) the date by which the entity must take the action specified in the notice to comply, being not less than 14 days after the day on which the notice is given; (v) any action that may be taken against the entity under this Act for failing to comply with the notice; (vi) the maximum penalty under section 45 for failing to comply with the notice; (vii) the process that the entity may use to seek an internal review of the decision to issue the notice; (viii) any other prescribed matter; and (b) may be accompanied by any recommendations or advice available to assist the entity to address the matters specified in the notice. (3) Despite subsection (2)(a)(iv) , the Regulator may, if satisfied that exceptional circumstances exist, specify a date by which the standards or the universal principle must be complied with that is less than 14 days after the day on which the notice is given. (4) The Regulator may, by further written notice given to an entity, and at any time, vary or revoke a notice given to the entity under subsection (1) to comply with the standards or the universal principle. PART 4 - Reportable Conduct Scheme Division 1 - Functions and powers of Regulator 22. Functions of Regulator in relation to scheme The Regulator has the following functions in relation to the scheme: (a) administering, overseeing and monitoring the scheme; (b) educating and providing advice to relevant entities to assist them to identify reportable conduct and to report and investigate reportable allegations and reportable convictions; (c) educating and providing advice to entity regulators to promote compliance by relevant entities with the scheme; (d) monitoring the investigation of reportable allegations or reportable convictions by a relevant entity or entity regulator; (e) conducting, on the Regulator's own motion, investigations in relation to reportable allegations or reportable convictions, and making findings and recommendations in relation to those investigations, in accordance with section 24 ; (f) investigating whether reportable allegations or reportable convictions have been appropriately handled by a relevant entity or entity regulator and making findings and recommendations in relation to that handling; (g) monitoring compliance by relevant entities with investigations conducted by other independent persons or bodies in relation to reportable conduct or reportable convictions; (h) providing information relevant to reportable convictions, reportable allegations and reportable conduct to, and receiving such information from, the following persons and bodies: (i) entity regulators; (ii) relevant entities; (iii) the Commissioner of Police; (iv) the Registrar; (v) police authorities of the Commonwealth, a State or a Territory; (vi) a person, in the Commonwealth, a State or a Territory, who holds an office that substantially corresponds with that of the Regulator; (vii) a person, in the Commonwealth, a State or a Territory, who holds an office that substantially corresponds with that of the Registrar; (i) collecting, analysing and publishing data in relation to the scheme; (j) reporting – (i) to Parliament in accordance with section 60 ; and (ii) in relation to any matter arising in connection with the performance of the functions, or exercise of the powers, of the Regulator, at any other time that the Regulator thinks fit; (k) such other functions as may be prescribed. 23. Powers of Regulator in relation to scheme The Regulator has the following powers in relation to the scheme: (a) to require any person to provide information, answer questions, or produce documents, so far as may be relevant to the performance of the functions, or the exercise of the powers, of the Regulator or the administration of this Act; (b) to inspect premises in accordance with section 25 ; (c) to enter premises to conduct an interview in accordance with section 26 , 27 or 28 ; (d) to issue a notice to produce a document or information in accordance with section 29 ; (e) to issue a notice to investigate in accordance with section 36 ; (f) to share information in accordance with Part 5 . 24. Regulator may investigate reportable allegation or reportable conviction (1) The Regulator may, of the Regulator's own motion, conduct an investigation concerning a reportable allegation made against, or reportable conviction recorded against, a worker of a relevant entity if the Regulator – (a) receives information about the reportable allegation or reportable conviction from any person; and (b) believes on reasonable grounds that reportable conduct may have been committed by a worker of the relevant entity; and (c) considers that it is in the public interest that the Regulator investigate the reportable allegation or reportable conviction. (2) The Regulator may, of the Regulator's own motion, conduct an investigation concerning a reportable allegation or reportable conviction against a worker of a relevant entity if the Regulator is advised by the head of the relevant entity that the relevant entity is not able, or does not intend, to comply with section 35(1) in relation to the reportable allegation or reportable conviction. (3) The Regulator may, of the Regulator's own motion or in response to a complaint, conduct an investigation concerning any inappropriate handling of, or response to, a reportable allegation or a reportable conviction by a relevant entity or an entity regulator if the Regulator considers that it is in the public interest to do so. (4) At the conclusion of an investigation by the Regulator in relation to the relevant entity to which the investigation was related, the Regulator – (a) must make findings, give reasons for the findings and make recommendations, if any, for action to be taken in relation to the matter investigated; and (b) must provide to the head of the relevant entity the findings, reasons and recommendations, if any, of the Regulator, together with any necessary information relating to the recommendations; and (c) may provide to the entity regulator in relation to the relevant entity the recommendations of the Regulator for action to be taken by the entity regulator. 25. Inspection of premises (1) The Regulator may enter premises occupied or used by an entity, at any reasonable time, to inspect the premises, or any thing on or within the premises, for the purposes of an investigation being conducted under section 24 . (2) An entry onto premises may be made under subsection (1) with, or without, the consent of the person with management or control of the premises. (3) An entry onto premises may be made under subsection (1) without prior notice to any person. (4) The Regulator is to, as soon as practicable after entering premises under this section, take all reasonable steps to give notice of the entry to a worker conducting the business or undertaking of the entity in relation to which the power to enter is being exercised. (5) Despite subsection (4) , the Regulator is not required to notify a worker under that subsection if to do so would defeat the purpose for which the premises were entered or cause unreasonable delay. (6) During an inspection of premises under subsection (1) , the Regulator may – (a) observe the activities carried out at the premises; and (b) search, examine, record or film any part of the premises, or any thing on or within the premises; and (c) inspect, take an extract from, copy or remove for the purpose of copying, any document that the Regulator reasonably requires in connection with the performance of the functions of the Regulator in respect of the scheme; and (d) request any person to provide to the Regulator any information that the Regulator reasonably requires in connection with the performance of the functions of the Regulator in respect of the scheme; and (e) remain at the premises for the time necessary to achieve the purpose of the inspection of the premises. 26. Regulator may interview a person In conducting an investigation under section 24 , the Regulator may interview a person at any reasonable time if the Regulator considers that the person may have information about a reportable allegation, reportable conduct or reportable conviction. 27. Regulator may interview child (1) In conducting an investigation under section 24 , the Regulator may arrange for the interview of a child – (a) in relation to whom a worker of a relevant entity is alleged to have committed reportable conduct; or (b) who may be a witness to reportable conduct or alleged reportable conduct. (2) Before arranging an interview under subsection (1) , the Regulator must gain consent to conduct the interview – (a) if the child is a youth, from the youth; or (b) subject to subsection (3) , if the child is not a youth, from a guardian of the child. (3) Despite subsection (2) , the Regulator is not required to gain the consent of a guardian of a child if the only guardian of the child is the worker referred to in subsection (1)(a) . (4) The Regulator must engage a person with appropriate qualifications, training or experience in interviewing child complainants of alleged abuse to conduct an interview on behalf of the Regulator under subsection (1) . (5) Before arranging an interview under subsection (1) , the Regulator, and any person conducting an interview on the Regulator's behalf, must consider, and take all reasonable steps to mitigate, any negative effect that the interview may have on the child. (6) Without limiting subsection (5) , the Regulator must consider whether it is appropriate for the guardian of the child to be present during the interview. (7) Despite subsection (6) , a child must be offered the opportunity for a support person to be present at an interview of the child. (8) In relation to the opportunity offered under subsection (7) , a child who identifies as Aboriginal or Torres Strait Islander must be offered the opportunity for the support person referred to in that subsection to be a person who is a member of a recognised Aboriginal organisation or recognised Torres Strait Islander organisation. 28. Regulator may interview worker subject of reportable allegation or reportable conviction In conducting an investigation under section 24 , the Regulator may interview a worker, of a relevant entity, who is the subject of a reportable allegation or reportable conviction. 29. Notice to produce document or information (1) The Regulator may give to a worker of a relevant entity, a relevant entity or an entity regulator a written notice requiring the worker, relevant entity or entity regulator to produce any document or information that the Regulator reasonably requires to perform the functions of the Regulator. (2) A notice given under subsection (1) must specify the following: (a) the worker, relevant entity or entity regulator to whom the notice is issued; (b) the document or information, or the category of document or information, that must be produced; (c) the date by which the document or information must be produced, being not less than 14 days after the day on which the notice is given to the worker, relevant entity or entity regulator; (d) the maximum penalty under section 46 for failing to comply with the notice; (e) the process that the worker, relevant entity or entity regulator may use to seek an internal review of the decision to issue the notice; (f) any other prescribed matter. (3) Despite subsection (2)(c) , the Regulator may, if satisfied that exceptional circumstances exist, specify a date by which the document or information must be produced that is less than 14 days after the day on which the notice is given. (4) The Regulator may, by further written notice given to the worker, relevant entity or entity regulator, and at any time, vary or revoke a notice given under subsection (1) to the worker, relevant entity or entity regulator to produce a document or information. 30. Regulator may monitor investigation The Regulator may monitor the progress of an investigation of a reportable allegation or reportable conviction by the head of a relevant entity or an entity regulator if the Regulator considers it is in the public interest to do so. 31. Liaison with entity regulators The Regulator must regularly liaise with entity regulators – (a) to avoid unnecessary duplication in the oversight of the investigation of reportable allegations or reportable convictions; and (b) to avoid duplication of an investigation by the entity regulator; and (c) to share information and provide advice and guidance in relation to the protection of children. Division 2 - Reportable conduct scheme 32. Application of scheme (1) A relevant entity, or member of a class of relevant entities, specified in clause 2 of Schedule 3 is not required to comply with the scheme until on and after 1 January 2024. (2) A relevant entity, or member of a class of relevant entities, specified in clause 3 of Schedule 3 is not required to comply with the scheme until on and after 1 July 2024. 33. Disclosure of reportable allegation or conviction Any person may disclose a reportable allegation or reportable conviction in relation to a worker of a relevant entity to – (a) the head of the relevant entity; or (b) the Regulator. 34. Head of relevant entity to notify Regulator of reportable allegation or reportable conviction (1) If the head of a relevant entity becomes aware of a reportable allegation or a reportable conviction against a worker of the relevant entity, the head must notify the Regulator, in writing, of the following: (a) within 3 business days after becoming aware of the reportable allegation or reportable conviction – (i) that a reportable allegation has been made against, or a reportable conviction recorded against, a worker of the relevant entity; and (ii) the name (including any former names or aliases, if known) and date of birth, if known, of the worker concerned; and (iii) if the notification relates to a reportable allegation, whether Tasmania Police has been informed about the reportable allegation; and (iv) the name, address and telephone number of the relevant entity; and (v) the name of the head of the relevant entity; (b) as soon as practicable, and no later than 30 days after becoming aware of the reportable allegation – (i) all known detailed information about the reportable allegation or reportable conviction; and (ii) whether or not the head of the relevant entity has taken, or intends to take, any action in relation to the worker and the reasons why the head has taken, or intends to take or not to take, any such action; and (iii) any written submissions, made to the head of the relevant entity concerning the reportable allegation or reportable conviction, that the worker requested to have considered in determining what, if any, action should be taken by the head in relation to the worker. (2) The head of a relevant entity must not fail, without reasonable excuse, to comply with subsection (1) . Penalty: Fine not exceeding 120 penalty units. (3) A requirement under this section is in addition to, and does not derogate from, the requirement, under a provision of another law, for the head of a relevant entity to notify of, or report, information. 35. Investigation by head of relevant entity (1) As soon as practicable after the head of a relevant entity becomes aware of a reportable allegation or reportable conviction against a worker of the relevant entity, the head – (a) must – (i) investigate the reportable allegation or reportable conviction; or (ii) engage an independent investigator to investigate the reportable allegation or reportable conviction on behalf of the head; and (b) must inform the Regulator of the identity of the body or person who will conduct the investigation. (2) If the head of a relevant entity is unable, or does not intend, to comply with subsection (1) , the head of the relevant entity is to – (a) notify the Regulator as soon as practicable; and (b) provide reasons for the non-compliance. (3) An investigation conducted under this section must be completed despite the person who is the subject of the investigation ceasing to be a worker of the relevant entity during the period in which the investigation is being conducted. (4) As soon as practicable after an investigation has been completed, the head of the relevant entity must give to the Regulator – (a) a copy of the findings of the investigation and the reasons for those findings; and (b) details of any disciplinary or other action that the relevant entity has taken, or proposes to take, in relation to the worker, and the reasons for that action; and (c) if the relevant entity does not propose to take any disciplinary or other action in relation to the worker, the reasons why no action is to be taken. 36. Notice to entity regulator to investigate (1) If – (a) the head of a relevant entity notifies the Regulator in accordance with section 35(2) ; and (b) the Regulator has gained the agreement of the entity regulator of the relevant entity to investigate a reportable allegation or reportable conviction in respect of a worker of the relevant entity – the Regulator may, by written notice given to the entity regulator of the relevant entity, require the entity regulator to investigate the reportable allegation or reportable conviction in respect of a worker of the relevant entity. (2) A notice given to an entity regulator under subsection (1) must specify the following: (a) the reportable allegation or reportable conviction in relation to which the investigation is to take place; (b) any powers of the Regulator that the Regulator intends to delegate to the entity regulator under section 10(2) ; (c) the maximum penalty for failing to comply with the notice; (d) the process for seeking an internal review of the decision to issue the notice; (e) any other prescribed matter. (3) The Regulator may, by further written notice given to the entity regulator, and at any time, vary or revoke a notice given to the entity regulator under subsection (1) . 37. Investigation by entity regulator (1) If the Regulator gives to an entity regulator a notice to investigate under section 36 , the entity regulator to whom the notice is given is to conduct an investigation into the reportable allegation or reportable conviction specified in the notice. (2) As soon as practicable after an investigation under subsection (1) has been completed, the entity regulator must give to the Regulator, and to the relevant entity in respect of the worker to whom the reportable allegation or reportable conviction specified in the notice relates – (a) a copy of the findings of the investigation and the reasons for those findings; and (b) details of any disciplinary or other action in relation to the worker that the entity regulator recommends be taken by the relevant entity, and the reasons for that action; and (c) if the entity regulator does not recommend that any disciplinary or other action is taken in relation to the worker, the reasons why no action is to be taken. PART 5 - Information Sharing 38. Use of information by Regulator (1) Despite any other Act or law to the contrary, the Regulator may, subject to this section – (a) obtain information; and (b) make a record of information; and (c) disclose information to any person; and (d) otherwise use information. (2) The Regulator may only take an action under subsection (1) in respect of information if – (a) the identity of the child who is the subject of the information is protected as far as is practicable; and (b) the action is taken for one or more of the following purposes: (i) to protect and promote the safety and wellbeing of children; (ii) to enable the investigation or the enforcement of a law; (iii) for investigatory, disciplinary or employment-related purposes related to the safety or wellbeing of children; (iv) to share information with other jurisdictions and other child safety oversight bodies for the purposes of those jurisdictions or bodies in collecting, analysing and publishing data on approaches to child safety; (v) for the purposes of, or in connection with, the performance of functions or the exercise of powers under this Act; (vi) for a prescribed purpose. (3) In the event of an inconsistency between this Part and another provision of this Act or a provision of another Act, this section prevails unless specifically excluded. 39. Right to Information Act 2009 and Personal Information Protection Act 2004 do not apply in certain circumstances (1) In this section – relevant person means – (a) the Regulator; or (b) a person required, or engaged by, the Regulator to do or not to do a thing; or (c) a person engaged in the administration of this Act; or (d) a person prescribed for the purposes of this section. (2) The Right to Information Act 2009 does not apply to information in the possession, for the purposes of this Act, of a relevant person unless the information relates to the administration of a public authority within the meaning of that Act. (3) The Personal Information Protection Act 2004 does not apply to the obtaining or possession of information, or to information so obtained or possessed, by a relevant person for the purposes of this Act. 40. Disclosure of information to and by Regulator, head of an entity, relevant entity, entity regulator, Tasmania Police, authorities of other jurisdictions, &c. (1) In this section – contractor includes – (a) a subcontractor; and (b) an employee of the contractor; and (c) an employee of a third-party employer; third-party employer means an entity, other than a relevant entity, who engages a person to provide services to children on behalf of a relevant entity, including as a contractor. (2) This section applies to information or documents in relation to the following matters: (a) a failure to comply, or a concern that there has been a failure to comply, with the standards or the universal principle; (b) a reportable allegation or reportable conviction; (c) a concern or belief that reportable conduct has been committed; (d) the investigation under Part 4 of a matter referred to in paragraphs (a) , (b) and (c) ; (e) the findings, reasons for the findings, and the recommendations made, at the conclusion of that investigation; (f) the action taken in response to those findings. (3) Subject to subsection (4) , and despite any law to the contrary, each of the following persons and bodies may disclose the information or documents referred to in subsection (2) to the following persons or bodies: (a) the Regulator; (b) an entity regulator; (c) the head of an entity; (d) the Commissioner of Police or a commissioned police officer; (e) if necessary for the purposes of an investigation, an independent investigator; (f) the Registrar; (g) the Chief Commissioner appointed under section 15 of the Integrity Commission Act 2009 ; (h) a Minister of the Crown; (i) the police authority of the Commonwealth, another State or a Territory; (j) if the worker who is the subject of the reportable allegation or reportable conviction is a contractor, the head of each relevant entity with whom the worker is engaged as a contractor; (k) a prescribed person or body, for a prescribed purpose or in relation to a prescribed matter, or a prescribed class of matters; (l) a prescribed person or body, for a prescribed purpose or in relation to a prescribed matter, or a prescribed class of matters, if the information relates to the performance of a function conferred on the person or body by or under the laws of the Commonwealth, a State or a Territory. (4) The disclosure of information or documents under subsection (3) must relate to one or more of the following: (a) the purposes of the Act; (b) the promotion of the safety and wellbeing of children; (c) a prescribed purpose. (5) Despite any law to the contrary, the head of an entity may disclose the information or documents referred to in subsection (2) to a worker of the entity if it is necessary or appropriate to do so for one or more of the following purposes: (a) the purposes of the Act; (b) the promotion of the safety and wellbeing of children; (c) a prescribed purpose. 41. Disclosure of information about investigation to worker concerned (1) This section applies to the following information in relation to an investigation conducted under section 24 , section 35 or section 37 : (a) information that a reportable allegation or reportable conviction has been disclosed; (b) details of the method employed in conducting the investigation; (c) the findings, reasons for the findings and the recommendations made at the conclusion of the investigation; (d) information on any action that is to be taken in response to those findings. (2) The Regulator, the head of a relevant entity or an entity regulator may disclose information, to which this section applies, to a worker who is the subject of the reportable allegation or reportable conviction to which the investigation relates. 42. Disclosure of information about investigation to children, youths and guardians (1) This section applies to the following information in relation to an investigation conducted under section 24 , section 35 or section 37 : (a) information about the progress of the investigation; (b) the findings, reasons for the findings and the recommendations made at the conclusion of the investigation; (c) information on any action that is to be taken in response to those findings. (2) The Regulator, the head of a relevant entity or an entity regulator may disclose the information, to which this section applies, to one or more of the following persons: (a) a child in relation to whom the investigation is being conducted; (b) the guardian of a child, other than a youth, referred to in paragraph (a) ; (c) if the child referred to in paragraph (a) is a youth who consents to the disclosure, the guardian of the youth; (d) a person who has daily care and control, within the meaning of the Children, Young Persons and Their Families Act 1997 , of a child referred to in paragraph (a) , other than a youth; (e) if the child referred to in paragraph (a) is a youth who consents to the disclosure, a person who has daily care and control, within the meaning of the Children, Young Persons and Their Families Act 1997 , of the youth; (f) a person who has disclosed, under section 33 , the reportable allegation or reportable conviction to which the investigation relates; (g) an authority or other body prescribed for the purposes of this section. (3) Despite subsection (2) , disclosure of information in relation to an investigation is not to be made under this section to a person referred to in paragraph (b) , (c) , (d) or (e) if that person is the subject of the reportable allegation or reportable conviction to which the investigation relates. (4) Nothing in this section limits any disclosure that may otherwise be made under any Act or law. 43. Regulator to notify Registrar of finding of reportable conduct (1) In this section – relevant finding means – (a) a finding made by the Regulator under this Act that a worker of a relevant entity has committed reportable conduct; or (b) if the Regulator is given a copy of findings under section 35(4)(a) or section 37(2)(a) , a finding by the head of a relevant entity, or an entity regulator, that a worker of the relevant entity has committed reportable conduct. (2) The Regulator is to notify the Registrar of each of the following matters, for the purposes of assessing registration under the Registration to Work with Vulnerable People Act 2013 : (a) the fact that a relevant finding has been made; (b) an outline of the relevant finding and the reasons for the relevant finding; (c) the name (including any former names or aliases, if known) of the worker who is the subject of the finding; (d) the date of birth (if known) of the worker. (3) The Regulator may, but need not, notify the Registrar of a relevant finding if – (a) the finding has already been referred to the Registrar by another person or body; or (b) for any other reason, the Regulator considers that it is not appropriate for the Regulator to give the notification in respect of the relevant finding. 44. Prohibition on disclosing identifying information other than in accordance with a law (1) A person must not disclose any information that would enable the identification of a person who has notified the Regulator of – (a) a reportable allegation or reportable conviction; or (b) a concern that reportable conduct has occurred. Penalty: Fine not exceeding 120 penalty units. (2) A person must not disclose any information that would enable the identification of a child in relation to whom – (a) a reportable allegation was made or a reportable conviction was notified under this Act; or (b) a finding of reportable conduct was made under this Act. Penalty: Fine not exceeding 120 penalty units. (3) It is a defence to proceedings for an offence against subsection (2) if – (a) the person disclosing the identifying information is the child to whom the identifying information relates; and (b) the disclosing of the information by the person does not enable any other child to be identified in relation to that or any other matter under this Act. (4) A person must not disclose any information, during the period in which an investigation is being conducted, that would enable the identification of the person who is the subject of the investigation. Penalty: Fine not exceeding 120 penalty units. (5) Nothing in this section prevents a person – (a) who is the head of an entity from disclosing information to a worker of the entity if the head reasonably believes that the disclosure is necessary or appropriate for – (i) the purposes of this Act; or (ii) the promotion of the safety and wellbeing of children; or (b) from disclosing information if authorised or required to do so by this Act, another Act or a law; or (c) from disclosing information to Tasmania Police or an equivalent authority of the Commonwealth, a State or a Territory. PART 6 - Offences 45. Failure to comply with notice in relation to child and youth safe standards or universal principle A worker of an entity or an entity must comply with a notice given to that worker or entity, respectively, by the Regulator under section 20 or 21 . Penalty: In the case of – (a) a worker, a fine not exceeding 120 penalty units; and (b) an entity, a fine not exceeding 360 penalty units. 46. Failure to comply with notice in relation to scheme A worker of a relevant entity, a relevant entity or an entity regulator must comply with a notice given to that worker, relevant entity or entity regulator, respectively, by the Regulator under section 29 or 36 . Penalty: In the case of – (a) a worker, a fine not exceeding 120 penalty units; and (b) an entity or entity regulator, a fine not exceeding 360 penalty units. 47. False or misleading information (1) A person must not give information in complying or purportedly complying with this Act that the person knows – (a) to be false or misleading in a material particular; or (b) omits any matter or thing without which the information is misleading. Penalty: Fine not exceeding 120 penalty units. (2) It is a defence to proceedings for an offence under subsection (1) if, at the time of giving the information in complying or purportedly complying with this Act, the person – (a) indicated the respect in which it was false or misleading and, if practicable, provided correct information; or (b) accompanied the information with a written statement signed by the person – (i) stating that the information was, to the knowledge of the person, false or misleading in a material particular or omission; and (ii) setting out, or referring to – (A) the material particular in which the information was, to the knowledge of the person, false or misleading; and (B) the matter or thing that had, to the knowledge of the person, been omitted from the information. 48. Unauthorised use of information A person to whom information is disclosed in accordance with this Act must not use or disclose that information other than – (a) for the purpose for which the information was disclosed to the person; or (b) in accordance with this Act, another Act or a law. Penalty: Fine not exceeding 120 penalty units. 49. Interference with records and documents A person must not interfere with, alter, remove without reasonable excuse or destroy any record or document in the possession of, or under the control of, an entity that is, or is likely to be – (a) requested by the Regulator in accordance with section 18 ; or (b) specified in a notice to produce a document or information given under section 20 or section 29 . Penalty: Fine not exceeding 120 penalty units. 50. Proceedings for offences (1) Proceedings for an offence – (a) are to be dealt with summarily; and (b) may be instituted by the Regulator; and (c) must be instituted within 3 years after the day on which the offence is alleged to have been committed. (2) A court of competent jurisdiction may permit proceedings to be instituted outside of the period specified in subsection (1)(c) . 51. Court may make orders In addition to any penalty imposed on a person or entity for an offence under this Act, a court may make one or more of the following orders: (a) an order requiring the person or entity to provide information, answer questions, or produce documents, to the Regulator in accordance with the order; (b) an order requiring any information or documents in relation to the proceedings for the offence to be returned to any person or entity or to be destroyed. PART 7 - Review of Decisions 52. Internal review (1) The Regulator must prepare and implement a process for the internal review of – (a) a decision to give a notice to produce a document or information under section 20 ; and (b) a decision to give a notice to comply with the standards or the universal principle under section 21 ; and (c) a finding made by the Regulator at the conclusion of an investigation under section 24 ; and (d) a decision to give a notice to produce a document or information under section 29 ; and (e) a decision to give a notice to investigate under section 36 . (2) A worker of an entity, an entity, a relevant entity or an entity regulator may seek an internal review by the Regulator of the following decisions of the Regulator, or a delegate of the Regulator, in relation to the worker, entity, relevant entity or entity regulator: (a) to give a notice to produce a document or information under section 20 ; (b) to give a notice to comply with the standards or the universal principle under section 21 ; (c) to give a notice to produce a document or information under section 29 ; (d) to give a notice to investigate, or provide information in relation to an investigation under section 36 . (3) A worker of a relevant entity may seek a review of a finding made by the Regulator, or a delegate of the Regulator, at the conclusion of an investigation under section 24 . (4) If a worker of an entity, an entity, a relevant entity or an entity regulator seeks an internal review under subsection (2) or (3) , the Regulator is to undertake and complete the internal review in accordance with the process prepared and implemented under subsection (1) . 53. External review (1) In this section – reviewable decision means – (a) a decision to give a notice to produce a document or information under section 20 ; and (b) a decision to give a notice to comply with the standards or the universal principle under section 21 ; and (c) a finding made by the Regulator at the conclusion of an investigation under section 24 ; and (d) a decision to give a notice to produce a document or information under section 29 ; and (e) a decision to give a notice to investigate under section 36 . (2) If the Regulator, or a person acting as the delegate of the Regulator, makes a reviewable decision, and an internal review of that decision has been completed in accordance with section 52(4) – (a) a person aggrieved by the outcome of the internal review may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision; and (b) that decision is a reviewable decision for the purposes of the Magistrates Court (Administrative Appeals Division) Act 2001 . (3) Despite section 36 of the Magistrates Court (Administrative Appeals Division) Act 2001 , the review by the Magistrates Court (Administrative Appeals Division) of a reviewable decision made under this Act is to be held in private. (4) Despite subsection (3) , the Magistrates Court (Administrative Appeals Division) – (a) is to order that the review, or any part of the review, of a reviewable decision made under this Act is to be held in public or only partly in private if the Regulator requests it; and (b) may, on its own motion or on the application of the applicant fo