Victorian Numbered Acts Victorian Numbered ActsAfter section 36 of the Principal Act insert —
(1) A sector regulator may issue an official warning to—
(a) a relevant entity for which it is a sector regulator; or
(b) any relevant entity, person or body to which it has issued a notice to produce; or
(c) any relevant entity to which it has issued a notice to comply.
(2) An official warning must state—
(a) that the sector regulator suspects one or more of the following—
(i) the person, body or relevant entity is failing, or has failed, to comply with a notice to produce or notice to comply;
(ii) the person, body or relevant entity is failing, or has failed, to comply with the Child Safe Standards;
(iii) the person, body or relevant entity is committing, or has committed, an offence against this Part other than Division 4; and
(b) the details of the suspected failure or offence specified under paragraph (a); and
(c) the grounds for the sector regulator's suspicion; and
(d) that non-compliance or offending may be the subject of enforcement action by the sector regulator under this Act; and
(e) any other matter the sector regulator considers appropriate.
(1) A sector regulator may issue to or serve an infringement notice on any person, body or relevant entity that the sector regulator reasonably believes has committed a prescribed offence.
(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .
(3) The infringement penalty for an offence referred to in subsection (1) is the prescribed penalty.
(4) For the purposes of subsection (1), an infringement notice—
(a) must be in the form required by the Infringements Act 2006 ; and
(b) may contain any additional information approved by the sector regulator.
(1) A sector regulator may accept an enforceable undertaking from a relevant entity for which it is a sector regulator in connection with—
(a) a failure to comply with the Child Safe Standards or a notice to comply; or
(b) a reasonable suspicion of the sector regulator that there is, or has been, a failure to comply with the Child Safe Standards or a notice to comply.
(2) An enforceable undertaking accepted by a sector regulator under subsection (1) must—
(a) be in writing; and
(b) state the name of the relevant entity offering the undertaking; and
(c) specify the day on which the undertaking commences; and
(d) state the grounds for the sector regulator's belief that the relevant entity is failing or has failed to comply with the Child Safe Standards or a notice to comply; and
(e) specify the Child Safe Standard or notice to comply with which the sector regulator believes the relevant entity is failing, or has failed, to comply; and
(f) state the action that the relevant entity proposes to take; and
(g) specify the day by which the relevant entity must take that action; and
(h) set out any other matter agreed between the sector regulator and the relevant entity; and
(i) contain any prescribed matter.
(3) The relevant entity may, by written notice, withdraw or vary an enforceable undertaking accepted by the sector regulator under subsection (1) with the consent of the sector regulator.
(1) Each sector regulator must establish and maintain a register of enforceable undertakings it accepts under section 36C.
(2) A register maintained under subsection (1) must contain the following information in relation to each undertaking accepted by the sector regulator—
(a) the name of the relevant entity giving the undertaking;
(b) the day on which the undertaking commences.
(3) A sector regulator may record the following in a register maintained under subsection (1) in relation to each undertaking accepted by the sector regulator—
(a) the grounds stated in the undertaking under section 36C(2)(d);
(b) the Child Safe Standard or notice to comply specified in the undertaking under section 36C(2)(e);
(c) the action stated in the undertaking under section 36C(2)(f);
(d) the day specified in the undertaking under section 36C(2)(g);
(e) any other matter set out in the undertaking under section 36C(2)(h);
(f) any prescribed matter contained in the undertaking under section 36C(2)(i).
(4) The sector regulator may, if it is in the public interest—
(a) keep a copy of an enforceable undertaking accepted by the sector regulator in the register it maintains under subsection (1); or
(b) publish any enforceable undertaking accepted by the sector regulator.
(5) The sector regulator must ensure that the register it maintains under subsection (1) is available for public inspection at any reasonable time without charge.
If a sector regulator accepts an enforceable undertaking in relation to a failure or alleged failure to comply with the Child Safe Standards or a notice to comply, while the enforceable undertaking is in force, the sector regulator must not commence—
(a) criminal proceedings for an offence under this Part that is constituted by the failure or alleged failure to which the undertaking relates; or
(b) civil proceedings under this Part in relation to the failure or alleged failure to which the undertaking relates.
If a sector regulator accepts an enforceable undertaking in relation to a failure or alleged failure to comply with the Child Safe Standards or a notice to comply, and the relevant entity withdraws the enforceable undertaking before the sector regulator is satisfied the enforceable undertaking has been complied with, the sector regulator may commence proceedings for any offence under this Part that is constituted by the failure or alleged failure to which the undertaking relates.
If a sector regulator accepts an enforceable undertaking in relation to a failure or alleged failure of the Child Safe Standards or a notice to comply and the sector regulator is satisfied the enforceable undertaking has been complied with, the sector regulator must not commence—
(a) criminal proceedings for an offence under this Part that is constituted by the failure or alleged failure to which the undertaking relates; or
(b) civil proceedings under this Part in relation to the failure or alleged failure to which the undertaking relates.
(1) A sector regulator may apply to a magistrate for an enforcement order under subsection (2) if the sector regulator considers that a relevant entity has failed to comply with an enforceable undertaking.
(2) If the magistrate is satisfied a relevant entity has failed to comply with an enforceable undertaking, the magistrate may make any of the following orders—
(a) an order directing the relevant entity to comply with the enforceable undertaking;
(b) an order that the relevant entity take any specified action for the purpose of complying with the enforceable undertaking;
(c) an order that the enforceable undertaking is no longer in force;
(d) any other order that the magistrate considers appropriate in the circumstances.
(1) Subject to any order of the court, a sector regulator may, if the sector regulator considers it in the public interest, publish information specified in subsection (2) on a website maintained by the sector regulator if—
(a) a relevant entity for which it is a sector regulator is convicted or found guilty of an offence against this Part; or
(b) a court has made a declaration under section 33(1)(a) or (1A)(a) that the relevant entity has failed to comply with a notice to produce or a notice to comply.
(2) If a sector regulator publishes any information under this section relating to a conviction, finding of guilt or declaration, the following information must be included in the publication—
(a) the name of the relevant entity, including any business or trading name of the relevant entity;
(b) the date of the conviction, finding of guilt or declaration;
(c) in the case of a conviction or finding of guilt, the offence to which the conviction or finding of guilt relates;
(d) in the case of a declaration, details of the notice to produce or notice to comply that is the subject of the declaration;
(e) whether the court imposed any other penalty in respect of the conduct that was the subject of the conviction, finding of guilt or declaration;
(f) the date on which the sector regulator most recently updated the information on the website published under this section;
(g) any other prescribed matter.".