Page 2131 - Week 07 - Thursday, 4 June 2015
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Amendment agreed to.
MS LAWDER (Brindabella) (6.05): I seek leave to move amendments Nos 11 and 12 circulated in my name together [see schedule 7 at page 2147].
Leave not granted.
MS LAWDER (Brindabella) (6.06): I move amendment No 11 circulated in my name [see schedule 7 at page 2147].
This relates to a new section 352V(2)(g) and (h). There is no requirement currently in section 352V that the organisation register be updated to reflect when an organisation complies with a notice or direction. Section 352V(3) enables the director-general to include anything in the organisation’s register that he or she considers is in the public interest. This achieves a fine balance between the protection of children and young people and the reputational risk for organisations.
MR GENTLEMAN (Brindabella—Minister for Planning, Minister for Roads and Parking, Minister for Workplace Safety and Industrial Relations, Minister for Children and Young People and Minister for Ageing) (6.07): The government does not agree to this amendment. There will be a public register of organisations that are approved for care and protection purposes. The publication of this information is aimed at providing the public with information on organisations that have been assessed and approved by the territory as being capable of providing high quality services in accordance with public expectations. If an organisation’s approval for a purpose is suspended or they are not compliant with the conditions of their approval, it is in the public interest that the information is also known.
The publication of this information is not unique to the system. It already occurs in the regulation of childcare services in the ACT and is common practice in the out-of-home care sector both within Australia and internationally. How the register will operate will be detailed in the intervention guidelines. This will be a disallowable instrument and will be developed in consultation with stakeholders.
It is proposed that the reasons for suspension or noncompliance will be identified in the register. This will provide for a differentiation between a risk identified in the organisation, for example, its governance or financial viability, and the risk identified with the service it provides to children and young people, for example, not undertaking background checks on employees.
Consideration will be given to lower level statutory interventions such as a notice of noncompliance direction or a noncompliance direction being on the public register until the issue is resolved and then removed. Notice of intent to cancel approval or to suspend an approval may remain on the register with information on the outcome of the intervention.
The government has made a commitment to consult with stakeholders in the development of this disallowable instrument and, therefore, at this time, cannot make decisions on how the register will be operationalised before these consultations have taken place.
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