51Notice to particular persons of reportable conduct or reportable conviction

51 Notice to particular persons of reportable conduct or reportable conviction

51 Notice to particular persons of reportable conduct or reportable conviction

(1) This section applies if—

(a) the Children’s Guardian makes a finding of reportable conduct or a determination that a conviction is a reportable conviction in relation to an employee of a relevant entity, and

(b) in the Children’s Guardian report the Children’s Guardian makes a recommendation for dismissal, removal or punishment of the employee.

(2) The Children’s Guardian must advise the following persons of the finding or determination, the recommendation and the reasons—

(a) the Minister,

(b) the head of the relevant entity,

(c) if the finding or determination has been made about a person employed in, or by, a government sector agency within the meaning of the Government Sector Employment Act 2013—the Secretary of the Premier’s Department,

(d) the employee the subject of the finding or determination.

(3) The Children’s Guardian may advise the following persons of the finding or determination, the recommendation and the reasons—

(a) the responsible Minister for the relevant entity concerned,

(b) if the investigation or determination arose from a complaint—the entity that made the complaint.

(4) Subsection (2)(d) does not apply to the extent the Children’s Guardian reasonably believes advising the employee would—

(a) put a person’s health or safety at serious risk, or

(b) put a person who made a report, complaint or notification, or other person, at risk of being harassed or intimidated, or

(c) prejudice any other investigation or inquiry.

s 51: Am 2023 No 35, Sch 4.5[1].