sec.37Report by head of reporting entity

sec.37 Report by head of reporting entity

As soon as practicable after the investigation is completed, the head of the reporting entity must prepare, and give to the commission, a written report that complies with subsection (2) (a final report ). Maximum penalty—100 penalty units. The report must include— information about the facts and circumstances of the reportable allegation or reportable conviction; and the findings the head of the reporting entity has made about the reportable allegation or reportable conviction after completing the investigation, including whether or not the worker has engaged in reportable conduct; and the reasons for the findings; and copies of documents relied on by the head of the reporting entity in making the findings; and statements taken during the investigation documents mentioned in the report submissions made by the worker if the matter involves any other entities—information about whether the matter has been referred to another entity, including details of the other entity; and if the worker currently performs work for the entity—any action, including risk management action, taken in response to the reportable allegation or reportable conviction, including, for example— any immediate steps taken to prevent the worker from having contact with children; and any disciplinary action taken or proposed to be taken against the worker; and any action taken, or proposed to be taken, to improve the reporting entity’s ability to identify reportable conduct and to report and investigate reportable allegations and reportable convictions; and reviewing systems or policies improving the implementation of, and compliance with, the child safe standards and universal principle if no action mentioned in paragraph (f) or (g) is to be taken—the reasons why no action is to be taken. However, subsection (1) does not apply if, before the head of the reporting entity complies with this section— a sector regulator agrees to conduct an investigation of the reportable allegation or reportable conviction under section 42 and the sector regulator has given a written notice asking the entity to end the investigation under that section; or the commission gives a written notice of the commission’s investigation of the reportable allegation or reportable conviction under section 43 (2) (c) asking the head of the entity to end the investigation. (sec.37-ssec.1) As soon as practicable after the investigation is completed, the head of the reporting entity must prepare, and give to the commission, a written report that complies with subsection (2) (a final report ). Maximum penalty—100 penalty units. (sec.37-ssec.2) The report must include— information about the facts and circumstances of the reportable allegation or reportable conviction; and the findings the head of the reporting entity has made about the reportable allegation or reportable conviction after completing the investigation, including whether or not the worker has engaged in reportable conduct; and the reasons for the findings; and copies of documents relied on by the head of the reporting entity in making the findings; and statements taken during the investigation documents mentioned in the report submissions made by the worker if the matter involves any other entities—information about whether the matter has been referred to another entity, including details of the other entity; and if the worker currently performs work for the entity—any action, including risk management action, taken in response to the reportable allegation or reportable conviction, including, for example— any immediate steps taken to prevent the worker from having contact with children; and any disciplinary action taken or proposed to be taken against the worker; and any action taken, or proposed to be taken, to improve the reporting entity’s ability to identify reportable conduct and to report and investigate reportable allegations and reportable convictions; and reviewing systems or policies improving the implementation of, and compliance with, the child safe standards and universal principle if no action mentioned in paragraph (f) or (g) is to be taken—the reasons why no action is to be taken. (sec.37-ssec.3) However, subsection (1) does not apply if, before the head of the reporting entity complies with this section— a sector regulator agrees to conduct an investigation of the reportable allegation or reportable conviction under section 42 and the sector regulator has given a written notice asking the entity to end the investigation under that section; or the commission gives a written notice of the commission’s investigation of the reportable allegation or reportable conviction under section 43 (2) (c) asking the head of the entity to end the investigation.