Child Safe Organisations Act 2024
sec.91Power to require information or attendance
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sec.91 Power to require information or attendance
This section applies if an authorised officer reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence. Also, this section applies if an authorised officer reasonably believes a relevant person may be able to give the following information— information about whether a child safe entity has implemented and is complying with the child safe standards and universal principle under section 11 ; information about whether a reporting entity has systems in place as required under section 30 ; further information mentioned in section 38 about the head of an entity’s final report; information mentioned in section 41 (2) (d) in relation to the monitoring of an investigation by the commission; information mentioned in section 42 (4) in relation to an investigation by a sector regulator; information relevant to an investigation conducted on the commissioner’s own initiative under section 43 . The authorised officer may, by written notice given to the person, require the person to— give the authorised officer within a stated reasonable period of at least 14 days— the information mentioned in subsection (1) or (2) ; or if the information is kept, stored or recorded electronically—a clear written reproduction of the information; or attend before the authorised officer at a stated reasonable time and place to answer questions, or produce documents related to the offence or matter. In this section— relevant person means— for a matter mentioned in subsection (2) (a) — a child safe entity; or the head, or a worker, of a child safe entity; or a sector regulator for a child safe entity; or for a matter mentioned in subsection (2) (b) —any person who may have information about the matter, including— a reporting entity; or the head, or a worker, of a reporting entity; or a sector regulator for a reporting entity; or for a matter mentioned in subsection (2) (c) or (d) —the head of the reporting entity to whom the request is made; or for a matter mentioned in subsection (2) (e) —the sector regulator mentioned in section 42 (4) ; or for a matter mentioned in subsection (2) (f) —any person. (sec.91-ssec.1) This section applies if an authorised officer reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence. (sec.91-ssec.2) Also, this section applies if an authorised officer reasonably believes a relevant person may be able to give the following information— information about whether a child safe entity has implemented and is complying with the child safe standards and universal principle under section 11 ; information about whether a reporting entity has systems in place as required under section 30 ; further information mentioned in section 38 about the head of an entity’s final report; information mentioned in section 41 (2) (d) in relation to the monitoring of an investigation by the commission; information mentioned in section 42 (4) in relation to an investigation by a sector regulator; information relevant to an investigation conducted on the commissioner’s own initiative under section 43 . (sec.91-ssec.3) The authorised officer may, by written notice given to the person, require the person to— give the authorised officer within a stated reasonable period of at least 14 days— the information mentioned in subsection (1) or (2) ; or if the information is kept, stored or recorded electronically—a clear written reproduction of the information; or attend before the authorised officer at a stated reasonable time and place to answer questions, or produce documents related to the offence or matter. (sec.91-ssec.4) In this section— relevant person means— for a matter mentioned in subsection (2) (a) — a child safe entity; or the head, or a worker, of a child safe entity; or a sector regulator for a child safe entity; or for a matter mentioned in subsection (2) (b) —any person who may have information about the matter, including— a reporting entity; or the head, or a worker, of a reporting entity; or a sector regulator for a reporting entity; or for a matter mentioned in subsection (2) (c) or (d) —the head of the reporting entity to whom the request is made; or for a matter mentioned in subsection (2) (e) —the sector regulator mentioned in section 42 (4) ; or for a matter mentioned in subsection (2) (f) —any person.