Reportable Conduct
The definition of reportable conduct under the Reportable Conduct Scheme includes a range of conduct committed against or in the presence of children, including criminal and non-criminal behaviour.
What is grooming?
“(Abusers) usually are charismatic. They usually are well-liked; they usually are in high positions of power that can't be challenged. That’s why we need to shift the way people think about child sexual abuse, because it’s often not ‘a creepy guy in a dark alley’ who is a stranger.”
- Victim-survivor of child sexual abuse in a Tasmanian institution.
Grooming means befriending and establishing an emotional connection with a child (and/or the child’s guardian, family or friend or a worker) for the purpose of establishing trust to normalise sexually harmful behaviour or engage in an unlawful act, sexual offence or sexual misconduct against a child.
Grooming occurs in a pattern of manipulative or controlling behaviours. These behaviours can take place in a range of settings.
Examples of grooming behaviour include:
- isolating a child from their peers to spend time alone
- befriending a child in person and continuing to communicate with the child online
- giving gifts, money or alcohol to a child, parent or friend to gain access to a child
- inappropriate touching of a child, including tickling and play fighting
- asking a child not to tell anyone about their behaviour.
For the purpose of:
- establishing trust to normalise sexually harmful behaviour or engage in an unlawful act, sexual offence or sexual misconduct against a child.
Grooming behaviour can also be a sexual offence under section 125D of the Criminal Code Act 1924.
If you are unsure if an allegation of grooming behaviour is a sexual offence, you should contact Tasmania Police.
What is a sexual offence and/or sexual misconduct?
Sexual offences
Sexual offences include:
- bestiality (given this often co-occurs with sexual abuse of people)
- penetrative sexual abuse of child or young person
- person permitting penetrative sexual abuse of child or young person on premises
- persistent sexual abuse of child or young person
- indecent act with child or young person
- procuring child or young person for sexual abuse
- communications with intent to procure child or young person
- penetrative sexual abuse of person with mental impairment
- indecent assault
- procuring a person for penetrative sexual abuse by threats or fraud
- involving person under 18 years in production of child exploitation material
- production of child exploitation material
- distribution of child exploitation material
- possession of child exploitation material
- accessing child exploitation material
- incest
- indecency
- rape
- inciting to commit crimes
- attempts to commit crimes
- accessories after the fact
- wilfully and obscenely expose one's person in public
Sexual misconduct
When performed in a sexual manner or with a sexual intention, sexual misconduct includes:
- inappropriate behaviour
- physical contact
- voyeurism (which means watching someone or others)
- speech or other communication, including electronic communication.
Sexual misconduct is conduct that doesn’t meet the acceptable standard of behaviour by a worker or volunteer and is committed in a sexual manner or with sexual intention.
Sexual misconduct may occur in a variety of settings, including in person communication and online communication.
Examples of sexual misconduct include inappropriate comments to a child about an area of their body in a sexual manner and inappropriate touching of a child.
Another example would be intentionally showing a sexually explicit movie to a child for sexual gratification.
What is physical violence?
Physical violence means
- actual physical violence: the intentional or reckless application of physical force to a person without lawful justification or excuse; or
- apprehended physical violence: any act which intentionally or recklessly causes a person to apprehend immediate and unlawful violence to the person.
Examples of actual physical violence include hitting, punching, pushing, kicking and spitting.
Examples of apprehending physical violence include words or actions which indicate that physical violence will occur to the child in the future.
What is significant emotional or psychological harm?
Emotional or psychological harm means harm to a child’s:
- wellbeing
- development
- or both.
Significant means the harm is more than trivial. It is also important to know that something doesn’t have to have a permanent impact or effect to be considered significant.
Examples of significant emotional or psychological harm include:
- direct and indirect exposure to domestic and family violence
- verbal abuse, such as telling a child they are worthless
- humiliating a child in front of their peers.
What is significant neglect?
Neglect of a child means the deliberate or reckless failure to meet one or more of that child’s basic needs.
Significant means the neglect is more than trivial or insignificant, but is not required to be deemed serious or to have a lasting permanent effect.
There are several types of neglectful behaviour.
These include
- supervisory neglect: for example, leaving a child in a hot car in summer time
- physical neglect: a child being extremely dirty and suffering a skin condition as a result of poor hygiene
- educational neglect: preventing a child from attending school for no valid reason
- emotional neglect: rejecting a child from a family, home, school or other situation for no valid reason.
What is a relevant offence?
The definition of reportable conduct includes ‘a relevant offence’ because there are other types of conduct that need to be reported, but don’t easily fit into the other categories.
Under the Reportable Conduct Scheme, a relevant offence is:
- a sexual offence under the Criminal Code Act 1924
- failing to report the abuse of a child
- female genital mutilation
- inciting to commit a relevant offence(s)
- attempts to commit a relevant offence(s)
- accessories after the fact to a relevant offence(s).
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