17EMeaning of reportable conduct—div 2.2A

17E Meaning of reportable conduct—div 2.2A reportable conduct means conduct— (a) engaged in by an employee of a designated entity, whether or not in the course of employment with the entity; and (b) that results in any of the following, regardless of a child’s consent: (i) ill treatment or neglect of the child; (ii) exposing or subjecting the child to— (A) behaviour, or a circumstance, that psychologically harms the child; or (B) misconduct of a sexual nature that does not form part of an offence mentioned in subparagraph (iii); Example—par (ii) (B) engaging in contact with a child as a preliminary step to obtaining the child’s compliance in sexual activities (iii) an offence against any of the following provisions of the Crimes Act 1900 for which the child is either present or a victim at the time of the conduct: (A) part 2 (Offences against the person); (B) part 3 (Sexual offences); (C) part 4 (Female genital mutilation); (D) part 5 (Sexual servitude);

(iv) an offence against either of the following provisions of the Education and Care Service National Law (ACT): (A) section 166 (Offence to use inappropriate discipline); (B) section 167 (Offence relating to protection of children from harm and hazards). (2) However, reportable conduct does not include conduct— (a) that is reasonable discipline, management or care of a child taking into account the characteristics of the child, and any relevant code of conduct or professional standard that at the time applied to the discipline, management or care of the child; or (b) if the conduct is investigated and recorded as part of workplace procedure—that is trivial or negligible; or (c) prescribed by regulation. Examples—s (2) 1 touching a child to attract the child’s attention, to guide a child, or to comfort a distressed child 2 a school teacher raising the teacher’s voice to attract attention or restore order in a classroom 3 accidental conduct characteristics, of a child, includes the age, health and developmental stage of the child. conduct means an act or an omission to do an act. 17EA Meaning of designated entity—div 2.2A (1) For this division, an entity is a designated entity if— (a) it is 1 of the following: (i) an administrative unit; (ii) a health service;

(iii) a government school or a non-government school; (iv) an education and care service; (v) a childcare service; (vi) an approved kinship and foster care organisation; (vii) an approved residential care organisation; (viii) a religious body not otherwise included in this paragraph; (ix) any other entity prescribed by regulation; and (b) it is not exempted by regulation. approved kinship and foster care organisation—see the Children and Young People Act 2008, section 502. approved residential care organisation—see the Children and Young People Act 2008, section 502. childcare service—see the Children and Young People Act 2008, section 732. education and care service—see the Education and Care Services National Law (ACT). government school—see the Education Act 2004, dictionary. health service means the following services: (a) ambulance services; (b) services provided by a public health facility; (c) hospital services; (d) any other services prescribed by regulation. non-government school—see the Education Act 2004, dictionary.