11Obligations of responsible institution

11 Obligations of responsible institution

(1) In preparing for and giving the direct personal response, the responsible institution has the following obligations: (a) to provide clear and consistent information to the survivor about the following: (i) the institution’s process for arranging direct personal responses; (ii) the methods the institution is able to use to engage in direct personal responses; (b) to ensure the institution is able to engage successfully in each direct personal response given by the institution; (c) to ensure the survivor’s needs (including cultural needs), expectations and preferences dictate the way the direct personal response is given; (d) to pay the costs associated with engaging in the direct personal response; (e) to seek to avoid further harming or traumatising the survivor by prioritising and applying trauma informed principles of safety, trust, collaboration, choice and empowerment.; (f) subject to subsection (2), to protect the confidentiality of all information relating to the direct personal response to the extent that disclosure is not required by a law of the Commonwealth, a State or Territory; (g) to demonstrate that the survivor’s testimony has been listened to or heeded; (h) not to question the survivor’s testimony. (2) Every aspect of the direct personal response is confidential unless: (a) all participants agree otherwise; or (b) an actual or potential threat to human life, health or safety is revealed in the course of giving the direct personal response. (3) If paragraph (2)(a) or (b) applies, the institution must ensure that any disclosure of information relating to the direct personal response is within the limits agreed by the participants, or proportionate to the threat, as the case requires.