Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 54.8

Ensuring staff member informants are not victimised

  (1)   An approved provider is responsible for ensuring, as far as reasonably practicable, compliance with paragraphs 54 - 5(1)(b) and (2)(b) and subsections   54 - 6(1) and (2) in relation to a person who:

  (a)   is a * staff member of the approved provider; and

  (b)   makes a disclosure that qualifies for protection under section   54 - 4.

Note:   The responsibility under subsection   (1) covers not only compliance by the approved provider itself with the relevant provisions of sections   54 - 5 and 54 - 6 but extends to the approved provider ensuring as far as reasonably practicable that there is also compliance by others, such as:

(a)   other staff members of the approved provider; and

(b)   other parties with whom the approved provider contracts (for example, an employment agency).

Protecting informants' identities

  (2)   If a person reports a * reportable incident to an approved provider, the provider is responsible for taking reasonable measures to ensure that the fact that the person was the maker of the report is not disclosed, except to one or more of the following:

  (a)   the * Quality and Safety Commissioner;

  (b)   a person, authority or court to which the approved provider is required by a law of the Commonwealth or a State or Territory to disclose the fact;

  (c)   one of the approved provider's * key personnel;

  (d)   a police officer.

  (3)   If a person reports a * reportable incident to someone (the report recipient ) who is:

  (a)   one of an approved provider's * key personnel; or

  (b)   a person authorised by an approved provider to receive reports of reportable incidents;

the provider is responsible for taking reasonable measures to ensure that the report recipient does not disclose the fact that the person was the maker of the report, except to the provider or a person described in paragraph   (2)(a), (b), (c) or (d).