16MHead of entity to notify Social Services Regulator of reportable allegation

16M Head of entity to notify Social Services Regulator of reportable allegation

S. 16M(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.19).

(1) If the head of an entity becomes aware of a reportable allegation against an employee of the entity, the head must notify the Social Services Regulator in writing of the following—

(a) within 3 business days after becoming aware of the reportable allegation—

(i) that a reportable allegation has been made against an employee of the entity; and

(ii) the name (including any former name and alias, if known) and date of birth, if known, of the employee concerned; and

(iii) whether Victoria Police has been contacted about the reportable allegation; and

(iv) the name, address and telephone number of the entity; and

(v) the name of the head of the entity; and

(b) as soon as practicable and within 30 days after becoming aware of the reportable allegation—

(i) detailed information about the reportable allegation; and

(ii) whether or not the entity proposes to take any disciplinary or other action in relation to the employee and the reasons why it intends to take, or not to take, that action; and

(iii) any written submissions made to the head of the entity concerning the reportable allegation that the employee wished to have considered in determining what, if any, disciplinary or other action should be taken in relation to the employee.

S. 16M(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.19).

(2) This section does not apply to the head of an entity, or an entity belonging to a class of entities, that the Social Services Regulator has exempted under section 16I(1)(a) in respect of a class or kind or conduct that is the subject of the reportable allegation.

S. 16M(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.19).

(3) Subsection (1)(b) does not apply to the head of an entity, or an entity belonging to a class of entities, that the Social Services Regulator has exempted under section 16I(1)(b) in respect of a class or kind of conduct that is the subject of the reportable allegation.

S. 16M(3A) inserted by No. 58/2025 s. 5.

(3A) This section does not apply to a reportable allegation if the head of the entity has been exempted under section 16IA in respect of that reportable allegation, whether or not that exemption is revoked.

(4) The head of an entity must not fail, without reasonable excuse, to comply with subsection (1).

Penalty: 10 penalty units.

S. 16M(5) amended by No. 58/2025 s. 55(Sch. 1 item 1.19).

(5) It is a defence to a charge for an offence against subsection (4) for the person charged to prove that the person honestly and reasonably believed that another person had notified the Social Services Regulator of the reportable allegation in accordance with subsection (1).