This factsheet will introduce you to the reportable conduct scheme in Victoria.
This is a scheme which obliges certain VIC-based employers who provide services to children, to report allegations made against their employees of child-related misconduct to the Victorian Commission for Children and Young People.
Child Wellbeing and Safety Act 2005 (Vic)
Is my organisation covered by the scheme?
The majority of organisations who provide services to children are covered by the scheme (including primary, secondary schools, and overnight camps for children, residential facilities of boarding schools and after hours care services) are covered.
Who do I report to?
The Commission for Children and Young People (‘the Commission’) – http://www.ombudsman.act.gov.au/
What is reportable conduct?
Under the Child Wellbeing and Safety Act 2005 (Vic) ‘reportable conduct’ is defined as:
Whose conduct is reportable?
For Education providers reportable conduct is conduct of individuals of or over the age of 18 years who are:
What level of knowledge does an organisation need to have of the reportable conduct?
Any information that leads a person to form a reasonable belief that an employee has committed reportable conduct or misconduct that may involve reportable conduct. It is irrelevant whether or not the conduct or misconduct is alleged to have occurred within the course of the person’s employment.
What do we have to notify the Commission of and when do we have to do it?
The head of the entity must notify the Commission in writing within 3 business days after becoming aware of that a reportable allegation has been made against an employee of the entity.
The following must be reported:
As soon as practicable and within 30 days after becoming aware of the reportable allegation the head of the entity must notify the Commission of:
Do I have to investigate and if so when?
After you become aware of a reportable allegation you must investigate the reportable allegation or permit a regulator, or an independent investigator engaged by the organisation/regulator to investigate the reportable allegation.