Reportable Conduct Scheme
The Reportable Conduct Scheme requires leaders of specific organisations to notify an independent regulator when concerns are raised about conduct related to child abuse involving a worker, and conduct investigations.
What is the Reportable Conduct Scheme?
“Silence allows abuse to continue.”
- Victim-survivor of child sexual abuse in a Tasmanian institution.
The Reportable Conduct Scheme is about creating a culture where organisations that engage with children and young people investigate concerns about their wellbeing in a thorough, transparent, safe and child-centred way.
It does this by requiring leaders of specific organisations to:
- report concerns of conduct related to child abuse involving a worker in their organisation to the Independent Regulator, and
- investigate these concerns (or engage an independent investigator to do so).
By ‘worker’, we mean volunteers too.
The Reportable Conduct Scheme is primarily about ensuring reportable conduct is investigated properly: the fact of reporting the conduct to the Independent Regulator doesn’t automatically mean that investigation must reach a certain outcome.
It is complemented by the Child and Youth Safe Standards, as the other element of the Child and Youth Safe Organisations Framework.
How do I know if my organisation is required to comply with the Reportable Conduct Scheme?
“You should never feel unsafe around someone that you should be trusting of.”
- Becca, who is passionate about make up and fashion.
The Reportable Conduct Scheme is aimed at organisations that:
- have a high degree of responsibility for children
- engage with children and young people in ways that place them at higher risk of harm.
Find out if your organisation is likely to have to comply with the Reportable Conduct Scheme.
What are the key things I need to know about the Reportable Conduct Scheme?
“Organisations shouldn't be protecting abusers. They've got a responsibility to be transparent."
- Victim-survivor of child sexual abuse in a Tasmanian institution.
- It encompasses criminal and non-criminal behaviour.
Reportable conduct includes criminal and non-criminal behaviour. Broadly speaking, reportable conduct includes: - significant emotional or psychological harm
- significant neglect
- physical violence
- a sexual offence
- sexual misconduct
- grooming
- relevant offences such as failing to report child abuse and female genital mutilation.
- It puts responsibilities on leaders of organisations.
The Reportable Conduct Scheme requires leaders of specific organisations to report concerns of conduct related to child abuse involving a worker of their organisation, and conduct investigations.
Such leaders must report any reportable conduct once becoming aware of it, even if the alleged conduct is historical in nature.
- It's overseen by an independent regulator.
The Independent Regulator that monitors compliance of the Framework will have oversight of the Reportable Conduct Scheme.
- In most cases, the organisation itself will investigate the conduct. But the Independent Regulator will be able to provide support and advice.
Leaders will be required to conduct a reportable conduct investigation and must give to the Independent Regulator the investigation findings, reasons for findings and actions.
The Independent Regulator will provide advice and guidance to leaders on how to conduct a reportable conduct investigation.
While this localised guidance is being developed, Tasmanian organisations might like to check out resources from other states that already have their versions of the Framework in place, as well as national tools and templates.
This includes:
These resources should be reviewed with the knowledge that the Independent Regulator of Tasmania's Reportable Conduct Scheme will release its own guidance in due course.
- Anyone can make a report about reportable conduct.
While leaders of organisations covered by the Reportable Conduct Scheme are legally required to report instances of reportable conduct, the Independent Regulator can receive voluntary reports from anyone.
This includes people who aren’t leaders of organisations, and children and young people themselves.
What is meant by the term ‘reportable conduct’?
"You can tell if an adult is freaked out and don’t want to talk about this stuff because it's uncomfortable if they don’t know what to do. But even if it's uncomfortable we need them to do it."
- Young person in the "Take notice, believe us, and act!" report.
The definition of reportable conduct under the Reportable Conduct Scheme is broader than suspected criminal behaviour alone.
Reportable conduct includes:
- significant emotional or psychological harm
- significant neglect
- physical violence
- a sexual offence
- sexual misconduct
- grooming
- relevant offences such as failing to report child abuse and female genital mutilation.
How does the Reportable Conduct Scheme work in practice?
“If kids who come forward feel like they're being heard, it's going to have a snowball effect. More kids will have the confidence to come forward and know that they are being heard, and they will be heard.”
- Victim-survivor of child sexual abuse in a Tasmanian institution.
In cases where the leader of the organisation conducts the investigation, the following steps must be taken:
- Within three business days: Leaders must report reportable conduct to the Independent Regulator in writing and provide basic details such as the worker’s name.
- As soon as possible: Leaders must start an investigation (or get an independent investigator to do so).
- Within 30 days: Leaders must provide detailed information to the Independent Regulator, including:
- information about the allegation or conviction
- whether any actions have been taken (for example, placing a limit on a worker’s contact with children)
- any written submissions.
- At the end of the investigation: Leaders must provide the following information to the Independent Regulator:
- findings of the investigation
- reasons for the findings
- details of any actions that have been taken as a result.
Importantly, the Independent Regulator has significant powers that it can use if looks like an investigation isn’t being done properly, or at all.
For example, the Independent Regulator has the power to request documents and inspect premises without giving notice beforehand.
If necessary, it can also choose to do the investigation itself, or ask an entity regulator to do so.
What can my organisation do now to prepare for the Reportable Conduct Scheme?
- Review your organisation’s complaints handling processes and procedures.
- Sign up for our newsletter to stay up to date about new resources and information
- Check out the National Office for Child Safety’s Complaints Handling Guide, the resources offered by the Victorian Commission for Children and Young People or the New South Wales Office of the Children’s Guardian
What resources are available about the Reportable Conduct Scheme?
While this localised guidance is being developed, Tasmanian organisations might like to check out resources from other states that already have their versions of the Framework in place, as well as national tools and templates.
This includes:
- Victorian resources for their Reportable Conduct Scheme
- NSW resources for their Reportable Conduct Scheme.
These resources should be reviewed with the knowledge that the Independent Regulator of Tasmania's Reportable Conduct Scheme will release its own guidance in due course.
Test your understanding of the Reportable Conduct Scheme
Learn more about the Reportable Conduct Scheme by taking this true or false quiz:
1. The leader of an organisation must notify the Independent Regulator of any reportable conduct once becoming aware of it, even if the alleged conduct is historical in nature.
True
Well done, you chose the correct answer.
It doesn't matter if an instance of reportable conduct happened a week ago or multiple years ago — the leader of the organisation must report it to the Independent Regulator when they become aware.
False
In fact, the statement is true.
It doesn't matter if an instance of reportable conduct happened a week ago or multiple years ago — the leader of the organisation must report it to the Independent Regulator when they become aware.
2. Under the Reportable Conduct Scheme, the leader of an organisation can take an unlimited amount of time to make a report to the Independent Regulator.
True
In fact, the statement is false.
On becoming aware of the reportable conduct, the leader of an organisation has three business days to notify the Independent Regulator.
Penalties could apply if leaders don’t notify the Independent Regulator within that time period.
False
Well done, you chose the correct answer.
On becoming aware of the reportable conduct, the leader of an organisation has three business days to notify the Independent Regulator.
3. Making a report to the Independent Regulator under the Reportable Conduct Scheme means the organisation will have to discipline or let go a worker.
True
In fact, the statement is false.
The Reportable Conduct Scheme is about ensuring a thorough investigation takes place and then arriving at appropriate next steps.
In other words: the fact of reporting to the Independent Regulator will not compel an organisation to take a predetermined action, such as letting someone go.
False
Well done, you chose the correct answer.
The fact of reporting to the Independent Regulator will not compel an organisation to take a predetermined action, such as letting someone go.
4. While the Independent Regulator will have oversight of the investigation, in most cases, the organisation will drive it.
True
Well done, you chose the correct answer.
In most instances, the Independent Regulator will have a role in educating and guiding organisations in their own investigations.
False
In fact, the statement is true.
The Independent Regulator will have a role in educating and guiding organisations in their own investigations. The Independent Regulator can decide to do an investigation themselves if it is in the public interest to do so.
5. Making a report to the Independent Regulator under the Reportable Conduct Scheme means organisations no longer have an obligation to:
- report criminal offences to police
- a reporting obligation as a mandatory reporter under the Children Young Persons and Their Families Act 1997
- a reporting obligation as an employer of someone who holds a Working with Vulnerable People registration.
True
In fact, the statement is false.
Existing processes relating to alleged harm and abuse of children and young people will still need to be followed.
The Reportable Conduct Scheme will complement, rather than replace or supersede, them.
False
Well done, you chose the correct answer.
The Reportable Conduct Scheme complements, rather than replaces or supersedes, existing child safeguarding processes.
Seeking help?
We encourage anyone affected by, or with concerns about, child sexual abuse or other types of child abuse to access advice and support.
National:
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For domestic, family, and sexual violence counselling and support, contact
1800RESPECT:- Phone: 1800 737 732
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For short-term support if you are feeling overwhelmed or having difficulty coping or staying safe, contact Lifeline:
- Phone: 13 11 14
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For free professional phone and online counselling for anyone affected by suicide living in Australia, contact Suicide Call Back Service:
- Phone: 1300 659 467
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For information and support for anxiety, depression and suicide prevention for everyone in Australia, contact Beyond Blue:
- Phone: 1300 224 636
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For information and support for anyone who is affected by complex trauma, contact
Blue Knot Foundation:- Phone: 1300 657 380
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For counselling and support for Australian men, contact MensLine Australia:
- Phone: 1300 789 978
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For advice for men about family violence, contact Men's Referral Service:
- Phone: 1300 766 491
- Phone: 1800 55 1800
Tasmania:
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For information about child wellbeing and safety, contact
Strong Families, Safe Kids Advice and Referral Line:- Phone: 1800 000 123
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For free and confidential support for people who have been affected by sexual violence, contact the Tasmanian Sexual Assault Support Line (24 hour response state-wide):
- Phone: 1800 697 877
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For information and support for children, young people and adults affected by family violence, contact
Family Violence Counselling and Support Service:- Phone: 1800 608 122
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For free and confidential support for people impacted by crime, contact
Victims of Crime Service:- Phone: 1300 300 238
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For support for relationships and to live positive lives, contact
Relationships Australia Tasmania:- Phone: 1300 364 277