Reportable conduct resource kit

Overview of the scheme

Practice guides

Forms

Reportable Conduct s 17G Notification form – for notifying the Ombudsman about reportable conduct

Final 17J investigation report coversheet - for the final investigation report

Nomination form head of entity - religious bodies

Public statement about a reportable conduct investigation

In October 2018 the Ombudsman investigated the response of the ACT Education Directorate to an allegation of reportable conduct, about a teacher and their interactions with a student. Due to the sensitive nature of the subject matter, the Ombudsman will not release the report or discuss the investigation.

However, the Ombudsman decided to release this public statement to highlight the relationship between reportable conduct and workplace relations, and the importance of employees having a clear understanding of what constitutes reportable conduct, and what to do if such conduct was observed.

See full statement here.

Useful links

The National Office for Child Safety delivers national policies and strategies to enhance children’s safety and reduce future harm to children. Resources include:

The Child and Youth Protection Services in the Community Services Directorate- supports children, young people and families requiring a care or justice response. It is the statutory child protection body in the ACT.

Information about making a Child Concern report (including mandatory reports) is contained in its guide, Keeping Children and Young People Act 2008. There is also an e-learning module.

Reportable conduct definitions

Who is an organisation?

Organisations covered by the scheme are referred to as ‘designated entities’ and include:

  • all ACT directorates
  • health services, including hospital and ambulance services
  • kinship and foster care organisations
  • residential care organisations
  • government and non-government schools
  • a religious body
  • child care services
  • education and care service providers, including after school care.

Some organisations providing services to children that are not covered under the scheme include:

  • sporting clubs
  • organisations that provide instruction in a particular activity (e.g. ballet, piano, swimming)
  • Scouts and Girl Guides
  • Universities.

The scheme does not cover personal arrangements such as babysitting or private tuition.

Who is an employee?

All employees under a contract of employment with a designated entity are included in the scheme. This includes employees that do not work directly with children.

Volunteers, contractors or employees of another organisations engaged by the entity are considered to be employees if they are engaged to provide services to children.

For a religious body an employee includes:

  • a Minister or leader
  • a person under a contract of employment
  • a person engaged to provide services, such as a volunteer or contractor (including those who do not work with children).

The employee does not have to be employed with an organisation when the alleged conduct occurred. However an employee needs to be engaged by an organisation at the time an allegation is made.

Who is a child?

A child is defined as a person under 18 years old at the time of the alleged conduct.

Allegation or conviction

An allegation is a claim that someone’s conduct is reportable. Proof is not required.

Allegations, convictions and findings of guilt must be reported in the reportable conduct scheme.  The threshold for notifying an allegation to the Ombudsman is lower than the threshold for making a finding that reportable conduct occurred.

If an allegation about a current employee is made after 1 July 2017 about reportable conduct before 1 July 2017 then organisations should report to the Ombudsman.

E-Newsletter Sign-up

If you would like to be kept up to date on information about the Reportable Conduct Scheme, including notification of upcoming information sessions, please register your details here.