16IExemption by Social Services Regulator

16I Exemption by Social Services Regulator

S. 16I(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(a)).

(1) The Social Services Regulator, in accordance with the regulations, if any, may exempt the head of an entity or a class of entities from—

(a) the requirements of section 16M in respect of a class or kind of conduct; or

S. 16I(1)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(a)).

(b) the requirement under section 16M(1)(b) to provide information to the Social Services Regulator in respect of a class or kind of conduct.

S. 16I(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(b)).

(2) The Social Services Regulator may give an exemption under subsection (1) if the Social Services Regulator considers that—

S. 16I(2)(a) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(b)).

(a) the entity is competent to investigate, without the oversight of the Social Services Regulator, a reportable allegation in respect of the class or kind of conduct to which the exemption relates; and

(b) the entity has demonstrated competence in responding to reportable allegations in respect of that class or kind of conduct.

S. 16I(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(c)(i)).

(3) The Social Services Regulator must—

(a) notify the entity concerned of an exemption under subsection (1); and

S. 16I(3)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(c)(ii)).

(b) publish the exemption on the Social Services Regulator's website.

S. 16I(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(d)).

(4) The head of an entity exempted under subsection (1)(b), or a regulator of the entity, that conducts an investigation into conduct of a class or kind exempted under subsection (1)(b) must inform the Social Services Regulator of the findings, the reasons for the findings and the action taken in response to those findings as soon as practicable after the conclusion of the investigation or within a period agreed with the Social Services Regulator.

S. 16IA inserted by No. 58/2025 s. 4.

16IA Exemption from requirement to investigate

S. 16IA(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.14).

(1) If the Social Services Regulator is satisfied that a reportable allegation is being investigated under a corresponding reportable conduct law, the Social Services Regulator may, in accordance with the regulations, if any, exempt the head of an entity from the requirements under section 16N to investigate the reportable allegation or permit a regulator or an independent investigator engaged by the entity or regulator to investigate the reportable allegation.