52Investigation of conduct before commencement day

52 Investigation of conduct before commencement day

(a) after the commencement day the Commission, a sector regulator or an integrated sector regulator proposes to determine whether a relevant entity has not complied with the Child Safe Standards; and

(b) the conduct alleged to constitute the failure to comply with the Child Safe Standards allegedly occurred before the commencement day; and

(c) immediately before the commencement day the Commission, sector regulator or integrated sector regulator had not done any of the following for the purposes of determining whether the alleged conduct constitutes a failure to comply with the Child Safe Standards—

(i) made a request under section 26, 27 or 28; or

(ii) inspected premises under section 29; or

(iii) issued a notice to comply or a notice to produce.

(2) Subject to subsection (3), the Commission, sector regulator or integrated sector regulator may exercise any power under Part 6 (as in force at the time the power is exercised) for the purposes of determining whether the alleged conduct constitutes a failure to comply with the Child Safe Standards.

(3) The Commission or sector regulator may not do any of the following in relation to the alleged failure to comply (whether or not the relevant entity is finally determined to have failed to comply with the Child Safe Standards)—

(a) issue an official warning to the relevant entity under section 36A;

(b) apply for an interim injunction under section 34B;

(c) accept an enforceable undertaking from the relevant entity under section 36C.

Pt 9 Div. 4 (Heading and ss 53, 54) inserted by No. 17/2023 s. 32.

Division 4—Transitional provisions—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self‑determination and Other Matters) Act 2023

S. 53 inserted by No. 17/2023 s. 32.

53 Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023

This Act as amended by sections 19 and 20 of the Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023 applies to—

(a) a reportable allegation made in relation to a person referred to in paragraph (ba), (bb), (bc) or (bd) of the definition of employee on and after the commencement of sections 19 and 20 of that Act, irrespective of when the conduct that is the subject of the reportable allegation occurred; and

(b) a reportable allegation made in relation to a person referred to in paragraph (e) of the definition of on and after the day that the class of person to which that person belongs is prescribed for the purposes of paragraph (e) of that definition, irrespective of when the conduct that is the subject of the reportable allegation occurred.