Reportable Conduct Schemes by state: who must notify and when

What a Reportable Conduct Scheme is

A Reportable Conduct Scheme (RCS) is a regulatory framework that places obligations on the heads of specific organisations. These organisations work with children and are required to notify a state oversight body when allegations or convictions of ‘reportable conduct’ arise concerning their employees.

RCS operates in conjunction with other child protection measures. These include child-safe-organisation duties, the mandatory reporting of child abuse to police and child protection authorities, and the processes for police checks and working-with-children clearances. Organisations should use a workplace investigation timer to ensure timely responses to allegations.

It is important to recognise that RCS is an organisational-level reporting and oversight regime. It is not intended to replace the obligation to report criminal matters to the police.

Where schemes operate

The Reportable Conduct Schemes operate in New South Wales, Victoria, and the Australian Capital Territory. In New South Wales, the scheme is established under the Children's Guardian Act 2019 and administered by the Office of the Children's Guardian. Victoria’s scheme is governed by the Child Wellbeing and Safety Act 2005 and overseen by the Commission for Children and Young People. The ACT scheme is administered by the ACT Ombudsman and commenced operation from 1 July 2017.

Outside of these three jurisdictions, formal Reportable Conduct Schemes do not currently exist.

Instead, other states and territories have child-safe organisation frameworks in place. The head-of-entity notification model is currently specific to New South Wales, Victoria and the Australian Capital Territory.

Categories of reportable conduct

Reportable conduct schemes across Australian states share common themes in the types of allegations that must be reported. These generally relate to harm suffered by a child.

The categories of reportable conduct typically encompass sexual offences, sexual misconduct, ill-treatment, neglect, and assault involving a child. Additionally, behaviour that causes significant emotional or psychological harm to a child falls within the scope of reportable conduct. Convictions for certain offences are also included.

The schemes apply broadly, encompassing allegations against employees, contractors, volunteers, and others who meet the definition of 'employee' as specified within each state's legislation.

Notification timeframes and obligations

Notification timeframes differ across states and territories. In New South Wales, the head of entity must notify the Office of the Children's Guardian within specified business-day timeframes. Victoria and the Australian Capital Territory also have their own statutory notification timeframes that must be adhered to.

Following initial notification to the relevant oversight body, organisations have ongoing obligations. These include conducting an investigation into the reportable conduct, maintaining communication with the oversight body regarding the investigation's progress, and submitting a final report detailing the outcomes.

Failure to notify reportable conduct is a significant compliance breach. Oversight bodies prioritise enforcement programs to address non-compliance with notification obligations.