Reportable Conduct Investigations
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Defining Reportable Conduct
The Children’s Guardian Act 2019 defines reportable conduct as a sustained finding of:
A sexual offence
Sexual misconduct
Ill-treatment of a child
Neglect of a child
Assault against a child
An offence under section 43B (failure to protect) or section 316A (failure to report) of the Crimes Act 1900
Behaviour that causes significant emotional or psychological harm to a child.
Exemptions of Reportable Conduct
Not all incidents of reportable conduct are directed to the Ombudsman or Office of the Children's guardian, however alternate strategies will need to be developed to provide safe care.
Exemptions include:
Conduct that is reasonable for the purposes of management or care of children - due to age, maturity, health etc. Physical abuse which causes harm is considered unacceptable under any circumstances.
Use of physical force that, in all circumstances is trivial or negligible, but only if the matter is to be investigated.
Conduct of a class or kind exempted from being reportable conduct by Ombudsman Act under section 25CA.
The Reportable Conduct Process
A reportable conduct process is lengthy and can differ between circumstances. You and the child can be required to answer questions in an interview format. An assessment will follow and a report will be written outlining whether an allegation is substantiated or not substantiated. Decisions will be made on the balance of probability or beyond a reasonable doubt.
Who is involved?
NSW Ombudsman
Office of the Children's Guardian
Carer's register
Funded service providers
Employees
Carers
Children
Department of Communities and Justice/Joint Child Protection Unit
Guiding policy and legislation
What if I am the subject of a reportable conduct investigation?
A report will be made and forwarded to appropriate bodies.
An investigation will take place and a risk assessment will be completed separately.
You will be informed of the allegation via a document - the specific allegation is not clear, however you may be notified of the type of allegation.
After further investigation a list of allegations will be provided to you in legal terms, you will be required to:
Respond in writing
Engage in an interview
Or not respond at all
A finding will be made on the balance of evidence before the investigator.
It is important you have a support structure in this high anxiety process.
The Investigation
When an allegation is made, the agency should:
Clarify the allegation - who, what, where, when & how
Assess whether the child is at risk of significant harm
Consider whether there is a criminal offence
Notify the Ombudsman, police or DCJ
Conduct an investigation that takes action and reports findings
The CEO or delegated officer should keep parties updated. The child and their birth parents should also be updated.
Involved parties should be informed by their agency of:
the status of investigation,
findings of investigation, particularly those which may impact WWCC,
actions which will be taken in response to the investigation.
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