sec.36Head of reporting entity must investigate reportable allegation or reportable conviction

sec.36 Head of reporting entity must investigate reportable allegation or reportable conviction

As soon as practicable after the head of a reporting entity becomes aware of a reportable allegation or reportable conviction relating to a worker of the entity, the head of the entity must— ensure an investigation of the reportable allegation or reportable conviction is conducted; and notify the commission that the investigation is being conducted and provide contact details for a person the commission may contact in relation to the investigation. However, if the head of the reporting entity is not reasonably able to investigate the reportable allegation or reportable conviction, the head of the entity— need not comply with subsection (1) ; and must, as soon as practicable after the head of the entity becomes aware of the allegation or conviction— notify the commission of the allegation or conviction; and give the commission reasons why the head of the entity can not reasonably investigate. Before an investigation under subsection (1) ends, the head of the reporting entity must ensure the worker the subject of the reportable allegation or reportable conviction is given a written notice stating— any proposed findings for the investigation that may be adverse to the worker; and that the worker may, within a reasonable stated period, give written submissions to the person conducting the investigation about the proposed findings. The head of the reporting entity must ensure the worker’s submissions are considered in preparing a report under section 37 . (sec.36-ssec.1) As soon as practicable after the head of a reporting entity becomes aware of a reportable allegation or reportable conviction relating to a worker of the entity, the head of the entity must— ensure an investigation of the reportable allegation or reportable conviction is conducted; and notify the commission that the investigation is being conducted and provide contact details for a person the commission may contact in relation to the investigation. (sec.36-ssec.2) However, if the head of the reporting entity is not reasonably able to investigate the reportable allegation or reportable conviction, the head of the entity— need not comply with subsection (1) ; and must, as soon as practicable after the head of the entity becomes aware of the allegation or conviction— notify the commission of the allegation or conviction; and give the commission reasons why the head of the entity can not reasonably investigate. (sec.36-ssec.3) Before an investigation under subsection (1) ends, the head of the reporting entity must ensure the worker the subject of the reportable allegation or reportable conviction is given a written notice stating— any proposed findings for the investigation that may be adverse to the worker; and that the worker may, within a reasonable stated period, give written submissions to the person conducting the investigation about the proposed findings. (sec.36-ssec.4) The head of the reporting entity must ensure the worker’s submissions are considered in preparing a report under section 37 .