Victorian Current Acts

CHILD WELLBEING AND SAFETY ACT 2005 - SECT 16I

    (1)     The Commission, in accordance with the regulations, if any, may exempt the head of an entity or a class of entities from—

        (a)     the requirements of section 16M in respect of a class or kind of conduct; or

        (b)     the requirement under section 16M(1)(b) to provide information to the Commission in respect of a class or kind of conduct.

    (2)     The Commission may give an exemption under subsection (1) if the Commission considers that—

        (a)     the entity is competent to investigate, without the oversight of the Commission, a reportable allegation in respect of the class or kind of conduct to which the exemption relates; and

        (b)     the entity has demonstrated competence in responding to reportable allegations in respect of that class or kind of conduct.

    (3)     The Commission must—

        (a)     notify the entity concerned of an exemption under subsection (1); and

        (b)     publish the exemption on the Commission's website.

    (4)     The head of an entity exempted under subsection (1)(b), or a regulator of the entity, that conducts an investigation into conduct of a class or kind exempted under subsection (1)(b) must inform the Commission of the findings, the reasons for the findings and the action taken in response to those findings as soon as practicable after the conclusion of the investigation or within a period agreed with the Commission.

S. 16J inserted by No. 4/2017 s. 6, amended by No. 4/2018 s. 4 (ILA s. 39B(1)).