65Procedure and criteria for exempting conduct from notification

65 Procedure and criteria for exempting conduct from notification

65 Procedure and criteria for exempting conduct from notification

(1) For the Act, section 30(2)(a), the Children’s Guardian must consult on the proposed exemption with persons or other bodies that, in the Children’s Guardian’s opinion, are relevant, including the following—

(a) the relevant entity intended to be subject to the exemption,

(b) if applicable—the relevant regulator or the representative body of the relevant entity.

(2) For the Act, section 30(2)(b), the prescribed criteria a relevant entity must satisfy for a class or kind of conduct of its employees to be exempt is that—

(a) the relevant entity has—

(i) systems and practices that comply with the Act, section 54(2) for identifying and responding to reportable allegations and convictions, and

(ii) a consistent record of identifying and responding to reportable allegations and convictions in accordance with the Act, or

(b) the relevant entity must be required to report the class or kind of conduct of its employees to a relevant regulator, or

(c) the relevant entity must be a member of a representative body that provides advice, guidance and support on matters under the reportable conduct scheme.

(3) In this section—

relevant regulator means a body, other than the Children’s Guardian, that, under a State, Territory or Commonwealth law—

(a) the relevant entity must notify in relation to reports about the class or kind of conduct proposed to be exempted, and

(b) must respond, or oversee the relevant entity’s response, to the class or kind of conduct proposed to be exempted.

representative body means a body that—

(a) is an organisation of which the relevant entity is a member, and

(b) provides advice, support and guidance to the relevant entity on matters under the reportable conduct scheme.

s 65: Ins 2024 (486), Sch 1[6].