Child Safe Organisations Act 2024
sec.39Commission may exempt reporting entities from complying with part
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sec.39 Commission may exempt reporting entities from complying with part
This section applies in relation to a reporting entity if the commission is satisfied— the entity has the competence and resources to investigate a reportable allegation or reportable conviction without the oversight of the commission; and the entity has demonstrated competence in taking appropriate action in response to a finding of reportable conduct. The commission may exempt the reporting entity from complying with section 34 , 35 or 37 , or a particular requirement under section 33 or 36 , in relation to the conduct, or a class of conduct, of workers. If the commission exempts a reporting entity under subsection (2) , the commission must— notify the entity of the exemption; and publish the exemption on the commission’s website. Subsection (5) applies if the commission exempts a reporting entity from the requirement to give a final report about an investigation of conduct, or a class of conduct, the subject of a reportable allegation or reportable conviction. The head of the reporting entity must, as soon as practicable after the completion of an investigation into the conduct, or conduct of that class, give the commission written notice stating— the findings of the head of the entity in relation to the reportable allegation or reportable conviction; and the reasons for the findings; and the action taken by the entity in relation to the findings. A regulation may prescribe a matter for the giving of an exemption by the commission under this section, including, for example, the following— a requirement for the giving of an exemption under subsection (2) ; a limitation on the reporting entities that may be given an exemption. (sec.39-ssec.1) This section applies in relation to a reporting entity if the commission is satisfied— the entity has the competence and resources to investigate a reportable allegation or reportable conviction without the oversight of the commission; and the entity has demonstrated competence in taking appropriate action in response to a finding of reportable conduct. (sec.39-ssec.2) The commission may exempt the reporting entity from complying with section 34 , 35 or 37 , or a particular requirement under section 33 or 36 , in relation to the conduct, or a class of conduct, of workers. (sec.39-ssec.3) If the commission exempts a reporting entity under subsection (2) , the commission must— notify the entity of the exemption; and publish the exemption on the commission’s website. (sec.39-ssec.4) Subsection (5) applies if the commission exempts a reporting entity from the requirement to give a final report about an investigation of conduct, or a class of conduct, the subject of a reportable allegation or reportable conviction. (sec.39-ssec.5) The head of the reporting entity must, as soon as practicable after the completion of an investigation into the conduct, or conduct of that class, give the commission written notice stating— the findings of the head of the entity in relation to the reportable allegation or reportable conviction; and the reasons for the findings; and the action taken by the entity in relation to the findings. (sec.39-ssec.6) A regulation may prescribe a matter for the giving of an exemption by the commission under this section, including, for example, the following— a requirement for the giving of an exemption under subsection (2) ; a limitation on the reporting entities that may be given an exemption.