161Regulator may issue public warning notice

161 Regulator may issue public warning notice

(1) The Regulator may issue a public warning notice in respect of a social service provider if the Regulator reasonably believes that—

(a) the provider has failed—

(i) to provide the social service in accordance with this Act or the regulations; or

(ii) to comply with the Child Safe Standards; and

(b) a person has suffered, or is likely to suffer, serious harm as a result of the failure; and

(c) it is in the public interest to do so.

(2) Before issuing a public warning notice, the Regulator must—

(a) give to the social service provider a written notice stating—

(i) the Regulator's intention to issue the notice and the grounds for doing so; and

(ii) that the social service provider may make oral or written submissions to the Regulator regarding the intended public warning notice within a period of not less than 10 days as specified in the notice; and

(3) Despite subsection (2), the Regulator may issue a public warning notice with immediate effect and without giving notice or considering submissions if the Regulator reasonably believes that it is necessary to do so to protect a person from a risk of serious harm.