16BPrinciples

16B Principles

(1) The reportable conduct scheme is based on the fundamental principles that—

(a) the protection of children is the paramount consideration in the context of child abuse or employee misconduct involving a child;

(b) criminal conduct or suspected criminal conduct should be reported to the police;

(c) a police investigation into the subject matter of a reportable allegation has priority and, unless the investigation may otherwise be conducted under any other Act, an investigation under the reportable conduct scheme must be suspended or must not be commenced until the police advise or agree that it may proceed;

S. 16B(1)(d) amended by No. 58/2025 s. 55(Sch. 1 item 1.2(a)).

(d) the Social Services Regulator and others involved in the reportable conduct scheme should work in collaboration to ensure the fair, effective and timely investigation of reportable allegations;

(e) employees who are the subject of reportable allegations are entitled to receive natural justice in investigations into their conduct;

(f) regulators have specific knowledge of the roles of the entities or the professional responsibilities of the employees they regulate and, if their functions permit, play an important role in the investigation of reportable allegations;

S. 16B(1)(g) amended by No. 58/2025 s. 55(Sch. 1 item 1.2(b)).

(g) information should be shared during and after the conclusion of an investigation into a reportable allegation.

S. 16B(1)(h) amended by No. 34/2020 s. 171, repealed by No. 58/2025 s. 55(Sch. 1 item 1.2(c)).

S. 16B(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.3).

(2) The Social Services Regulator should educate and guide—

(a) entities in order to improve their ability to identify reportable conduct and to report and investigate reportable allegations; and

(b) regulators in order to promote compliance by entities with the reportable conduct scheme.

S. 16C inserted by No. 4/2017 s. 6.