13Reports may be made to Commissioner

#### 13 Reports may be made to Commissioner 13 Reports may be made to Commissioner > > (1) A person may make a report to the Commissioner about the following— > > > > > (a) an adult with disability or older adult if the person has reasonable grounds to believe the adult is subject to, or at risk of, abuse, neglect or exploitation, > > > > > (b) circumstances that the person has reasonable grounds to believe will result in the abuse, neglect or exploitation of an adult with disability or older adult. > > > (2) Without limiting subsection (1), an adult with disability or older adult may make a report to the Commissioner if the adult has reasonable grounds to believe the adult is subject to, or at risk of, abuse, neglect or exploitation. > > > (3) A report does not need to be in writing. > > > (4) If a person, acting in good faith, makes a report to the Commissioner in accordance with this section, that person is not liable to any civil or criminal action, or any disciplinary action, for making the report. > > > (5) The Commissioner may do any one or more of the following in respect of a report— > > > > > (a) conduct an investigation, > > > > > (b) make a referral to another person or body, > > > > > (c) decline to take action on the report. > > > (6) The Commissioner may, at the Commissioner’s own initiative, decide to deal with a matter as a report under this section if the matter relates to an adult with disability or older adult that the Commissioner has reasonable grounds to believe is subject to, or at risk of, abuse, neglect or exploitation. > > > (7) The Commissioner may make preliminary inquiries for the purposes of deciding how to deal with a report and may request further information from the person making the report. > > > (8) If the Commissioner is of the opinion that a report, or part of a report, constitutes a complaint that may be made to any of the following persons or bodies, the Commissioner may refer the report, or the part of the report, to the person or body— > > > > > (a) the Health Care Complaints Commission under the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105), > > > > > (b) the Commissioner of the Aged Care Quality and Safety Commission under the [Aged Care Quality and Safety Commission Act 2018](http://www.legislation.gov.au/) of the Commonwealth, > > > > > (c) the NDIS Commissioner, > > > > > (c1) the Children’s Guardian under the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), > > > > > (d) any other person or body prescribed by the regulations. > > > (9) If the Commissioner is of the opinion that a report, or part of a report, may provide evidence of the commission of a criminal offence, the Commissioner must refer the report, or the part of the report, to the Commissioner of Police or the Director of Public Prosecutions. > > > (9A) The Commissioner is not required to refer a report, or part of a report, under subsection (9) if the Commissioner believes on reasonable grounds that the adult with disability or older adult does not wish to have the report, or part of the report, referred. > > > (10) The Commissioner may conduct an investigation of a report that the Commissioner has referred to another person or body under subsection (8), including in consultation with the person or body, if the Commissioner is of the opinion that conducting an investigation may be necessary to protect an adult with disability or older adult from abuse, neglect or exploitation. > > > (11) The Commissioner must not conduct an investigation into an allegation of abuse, neglect or exploitation of an adult with disability or older adult unless the Commissioner has obtained the adult’s consent. > > > (12) The Commissioner is not required to obtain the adult’s consent if— > > > > > (a) the Commissioner— > > > > > > > (i) has made reasonable efforts to obtain access to the adult, and > > > > > > > (ii) has not been able to obtain access to the adult, or > > > > > (b) the Commissioner considers that— > > > > > > > (i) the adult is incapable of giving consent despite being provided with appropriate support to make a decision about consent, or > > > > > > > (ii) it is not necessary to obtain consent due to the seriousness of the allegation or the risk to the personal safety of the adult, or > > > > > > > (iii) circumstances prescribed by the regulations exist. > > **s 13:** Am 2019 No 25, Sch 5.3; 2024 No 14, Sch 1\[3\]–\[6\].