sec.49Particular entities may share information for reportable conduct scheme

sec.49 Particular entities may share information for reportable conduct scheme

This section applies in relation to the following entities (each a prescribed RCS entity )— the commission; a sector regulator for a reporting entity; a reporting entity if a worker of the entity is, or has been, the subject of a reportable allegation or reportable conviction; a department; the Crime and Corruption Commission; the Office of the Director of Child Protection Litigation established under the Director of Child Protection Litigation Act 2016 , section 35 ; the inspector of detention services under the Inspector of Detention Services Act 2022 ; the Office of the Ombudsman established under the Ombudsman Act 2001 , section 73 ; the police service; a police force or service of another State or the Commonwealth; the office of the public guardian established under the Public Guardian Act 2014 , section 102 ; the Public Sector Commission under the Public Sector Act 2022 ; an entity performing functions under a law of another State or the Commonwealth that are substantially the same as the functions of the commission under chapter 3 ; another entity prescribed by regulation. The head of a prescribed RCS entity may disclose relevant information to the head of another prescribed RCS entity (the receiving entity ) for the following purposes— to lessen or prevent a serious risk or threat to the life, health or safety of a child or class of children; if the receiving entity is the police service or a police force or service of another State or the Commonwealth—to enable the investigation of criminal conduct; if the receiving entity is the commission—for the performance of the commission’s functions under chapter 3 ; for an investigation by the receiving entity of a reportable allegation or reportable conviction; for taking appropriate action by a reporting entity or sector regulator for a reporting entity in relation to a finding that reportable conduct has been engaged in by a worker of the reporting entity; or for a receiving entity other than an entity mentioned in subsection (1) (c) —for the performance of a function by the receiving entity under an Act that relates to the protection of children from harm; for another purpose necessary for the effective administration of the reportable conduct scheme prescribed by regulation. A prescribed RCS entity may disclose relevant information in a circumstance mentioned in subsection (2) whether or not the receiving entity has requested the information. For subsection (2) , a reference to the head of the commission is a reference to each commissioner. A regulation prescribing an entity under subsection (1) (n) may limit the purposes for which the entity may receive or disclose information. In this section— relevant information — means the following— information about the progress of an investigation of a reportable allegation or reportable conviction; the findings and reasons for the findings of an investigation mentioned in subparagraph (i) ; any action that is to be taken in response to the findings mentioned in subparagraph (ii) ; any other information about a reportable allegation or reportable conviction that would assist a prescribed RCS entity to comply with chapter 3 ; but does not include evidentiary material or a relevant record or transcript under section 52 (9) . s 49 amd 2025 No. 24 s 39C (sec.49-ssec.1) This section applies in relation to the following entities (each a prescribed RCS entity )— the commission; a sector regulator for a reporting entity; a reporting entity if a worker of the entity is, or has been, the subject of a reportable allegation or reportable conviction; a department; the Crime and Corruption Commission; the Office of the Director of Child Protection Litigation established under the Director of Child Protection Litigation Act 2016 , section 35 ; the inspector of detention services under the Inspector of Detention Services Act 2022 ; the Office of the Ombudsman established under the Ombudsman Act 2001 , section 73 ; the police service; a police force or service of another State or the Commonwealth; the office of the public guardian established under the Public Guardian Act 2014 , section 102 ; the Public Sector Commission under the Public Sector Act 2022 ; an entity performing functions under a law of another State or the Commonwealth that are substantially the same as the functions of the commission under chapter 3 ; another entity prescribed by regulation. (sec.49-ssec.2) The head of a prescribed RCS entity may disclose relevant information to the head of another prescribed RCS entity (the receiving entity ) for the following purposes— to lessen or prevent a serious risk or threat to the life, health or safety of a child or class of children; if the receiving entity is the police service or a police force or service of another State or the Commonwealth—to enable the investigation of criminal conduct; if the receiving entity is the commission—for the performance of the commission’s functions under chapter 3 ; for an investigation by the receiving entity of a reportable allegation or reportable conviction; for taking appropriate action by a reporting entity or sector regulator for a reporting entity in relation to a finding that reportable conduct has been engaged in by a worker of the reporting entity; or for a receiving entity other than an entity mentioned in subsection (1) (c) —for the performance of a function by the receiving entity under an Act that relates to the protection of children from harm; for another purpose necessary for the effective administration of the reportable conduct scheme prescribed by regulation. (sec.49-ssec.3) A prescribed RCS entity may disclose relevant information in a circumstance mentioned in subsection (2) whether or not the receiving entity has requested the information. (sec.49-ssec.4) For subsection (2) , a reference to the head of the commission is a reference to each commissioner. (sec.49-ssec.5) A regulation prescribing an entity under subsection (1) (n) may limit the purposes for which the entity may receive or disclose information. (sec.49-ssec.6) In this section— relevant information — means the following— information about the progress of an investigation of a reportable allegation or reportable conviction; the findings and reasons for the findings of an investigation mentioned in subparagraph (i) ; any action that is to be taken in response to the findings mentioned in subparagraph (ii) ; any other information about a reportable allegation or reportable conviction that would assist a prescribed RCS entity to comply with chapter 3 ; but does not include evidentiary material or a relevant record or transcript under section 52 (9) .