Reportable and Notifiable Conduct

Policy

The purpose of this policy is to ensure required employees notify the relevant departmental officer where there is an allegation of reportable conduct (involving abuse against a child) or notifiable conduct (involving inappropriate conduct by an education support staff member or inclusion support worker in an early learning centre providing a disability service).

Summary

• Principals of Victorian government schools, nominated supervisors in Early Learning Victoria (ELV) early learning centres (nominated supervisors), and VPS managers must notify Conduct and Integrity Division as soon as possible after becoming aware of a reportable conduct allegation against an adult engaged by the department, ELV centres, school or school council in any capacity. This includes employees, contractors, volunteers (including parents) allied health staff, school council employees, agency casual relief staff, labour hire workers and pre-service teachers.
• It is important to contact Conduct and Integrity Division even if you are unsure about whether the conduct is reportable, or if the person is included in the scheme.
• Principals or nominated supervisors must also notify Conduct and Integrity Division as soon as possible after becoming aware of a notifiable conduct allegation involving education support staff members who provide a disability service in a school or for a school council. This is also a requirement for inclusion support workers within an early learning centre setting.
• The obligation to report to Conduct and Integrity Division applies regardless of whether the principal or nominated supervisor has formed a reasonable belief that the conduct occurred – this is different to mandatory reporting. If the person who raises the concern with the principal or nominated supervisor has a reasonable belief, the principal or nominated supervisor must report to Conduct and Integrity Division at employee.conduct@education.vic.gov.au. For further information, refer to: Report: respond to child abuse by an adult engaged by a government school.
• It is possible that conduct might be both reportable and notifiable conduct.
• Conduct and Integrity Division will assess the allegations and report them to the Social Services Regulator and/or the Victorian Disability Workers Commission, if appropriate.
• CID will also ensure that reportable and notifiable conduct allegations are appropriately investigated.
• The Reportable Conduct Scheme and Disability Workers Regulation Scheme do not change or replace other reporting obligations, such as mandatory reporting or notifications required under the Education and Care Services National Law for early learning centres.

Details

Reportable Conduct Scheme

The Reportable Conduct Scheme (the scheme) is a child safety mechanism introduced as a result of the Betrayal of Trust report. The scheme complements the Child Safe Standards and other existing child safety measures.

The department's Conduct and Integrity Division (CID) has responsibility for reporting any allegations of ‘reportable conduct’ raised against certain adults engaged by the department, ELV centres, school or school council to the Social Services Regulator (SSR), on behalf of the department.

CID is also responsible for ensuring that a reportable conduct allegation is appropriately investigated and for providing a copy of the findings of the investigation to the SSR and to the Victorian Institute of Teaching (for registered teachers).

There is an allegation of reportable conduct under the scheme where a person has a reasonable belief that there has been:

• a sexual offence committed against, with or in the presence of a child,
• sexual misconduct committed against, with or in the presence of a child
• physical violence committed against, with or in the presence of a child
• behaviour causing significant emotional or psychological harm to a child, or
• significant neglect of a child.

Principals, nominated supervisors and VPS managers must notify CID as soon as possible after becoming aware of a reportable allegation, so that CID can assess the allegations and report them to the SSR, if appropriate. Where allegations relate to a contractor and may not require notification to the SSR, principals, nominated supervisors and VPS managers must still contact Conduct and Integrity Division for advice.

Principals, nominated supervisors and VPS managers must first contact Victoria Police if they suspect a criminal offence has occurred, even if they believe the allegation has already been reported to Victoria Police.

The scheme does not change a principal’s or nominated supervisor's mandatory reporting or other reporting responsibilities.

Below is the appropriate reporting mechanism within the department to ensure appropriate notification to the SSR under the scheme.

Disability Worker Regulation Scheme

The Disability Worker Regulation Scheme was established by the Disability Service Safeguards Act 2018 (Vic), and involves the regulation of registered and unregistered disability workers in Victoria.

Department policy is that CID has responsibility for reporting any allegations of ‘notifiable conduct’ raised against department employees and school council employees who are disability workers to the Victorian Disability Workers Commission (VDWC), on behalf of the department.

Under the Disability Worker Regulation Scheme, a disability worker is any person who directly provides a disability service to a person with a disability. Under Victoria law, a disability is defined as permanent or temporary physical, mental, intellectual, or sensory impairments that may hinder an individual’s full and effective participation in society on an equal basis with others.

A disability service includes a service that:

• involves more than incidental contact with a person with a disability
• is specifically provided to the person for the principal purpose of caring for, or treating, the person or supporting the person to manage the person's limitations in undertaking one or more of the following activities:
  • communication
  • social or economic participation
  • social interaction
  • learning
  • mobility
  • self-care
  • self-management.

Teachers and principals who are registered with the Victorian Institute of Teaching are exempt from the operation of the Disability Worker Regulation Scheme in their capacity as delivering services to students with disability, or supervising other employees who are delivering disability services.

Education support staff who directly provide a disability service to students or children with disabilities are considered disability workers and are covered by the Disability Worker Regulation Scheme. This includes education support staff who are department employees, school council employees or contractors (for example, visiting teachers, school nurses, psychologists, speech pathologists, social workers, professional practice leaders, Koorie engagement support officers). This includes education support staff or inclusion support workers who provide a service to all students if some of those students have a disability.

There is an allegation of notifiable conduct under the Disability Worker Regulation Scheme where a person has a reasonable belief that a disability worker has:

• practised as a disability worker while intoxicated by alcohol or drugs
• engaged in sexual misconduct while practising as a disability worker
• placed, or may place, the public at risk of harm because the disability worker has an impairment that detrimentally affects, or is likely to detrimentally affect, the disability worker's capacity to practise as a disability worker
• placed, or is placing, the public at risk of harm because the disability worker practised, or is practising, as a disability worker in a manner that constitutes a significant departure from accepted professional standards.

Principals and nominated supervisors in Early Learning Victoria (ELV) early learning centres (nominated supervisors) must notify the CID as soon as possible after becoming aware of an allegation of notifiable conduct, so that the CID can assess the allegations and report them to the VDWC, if appropriate.

Principals and nominated supervisors must still contact Victoria Police if they suspect a criminal offence has occurred.

The Disability Worker Regulation Scheme does not change a principal’s or nominated supervisor's mandatory reporting, reportable conduct or other reporting responsibilities.

The Disability Worker Regulation Scheme includes separate reporting obligations for disability workers. Where a disability worker has formed a reasonable belief that another disability worker has behaved in a way that constitutes notifiable conduct, they are required to notify the VDWC as soon as practicable after forming the reasonable belief.

Teachers registered with the Victorian Institute of Teaching are not regulated by the Disability Worker Regulation Scheme. However, if a teacher forms a reasonable belief that a disability worker (for example, an education support staff member or inclusion support worker) has engaged in notifiable conduct, they must inform their principal or nominated supervisor so that further advice can be sought from the department's CID.

Below is the appropriate reporting mechanism within the department to ensure notification to the VDWC under the Disability Worker Regulation Scheme.

School councils and ELV centres

School councils and ELV centres are not required to report allegations to the CCYP or VDWC directly. Rather, school councils must instruct the principal, as the executive officer of the school council to notify CID as soon as possible after becoming aware of a reportable or notifiable allegation, so that the CID can assess the allegations and report them to the CCYP or VDWC, if appropriate. In ELV centres the nominated supervisor is responsible for notifying CID.

Supporting impacted students following a reportable conduct allegation

For reportable conduct allegations relating to conduct against, with or in the presence of a current or former student, schools must ensure immediate and ongoing support is provided to all impacted students.

The Guidance tab provides detailed guidance on the actions schools must take to support impacted students and also outlines the roles and responsibilities of schools and relevant teams within the department when supporting students in these circumstances.

Definitions

The following terms used in this policy and guidance are consistent with the definitions provided in the Commission for Children and Young People’s information sheet explaining the 5 different types of reportable conduct under the Reportable Conduct Scheme.

Sexual misconduct
In this policy and guidance, any reference to sexual misconduct includes conduct against, with or in the presence of a child, including behaviour such as:

• unwanted or inappropriate touching
• inappropriate conversations or communication about an area of the body or a sexual activity (including a desire to act in a sexual manner)
• grooming behaviours (such as gift-giving or favouritism)
• overly personal or intimate behaviours
• communication outside the scope of reasonable teacher-student communication, for example, via social media or other channels.

Sexual offence
In this policy and guidance any reference to ‘sexual offence’ includes:

• sexual assault against, with or in the presence of a child
• indecent acts against, with or in the presence of a child
• offences relating to child abuse material
• ‘grooming’ a child in order to commit a sexual offence.

A full list of the relevant sexual offences is set out in Schedule 1 to the Sentencing Act 1991 (Vic).

For detailed definitions on the other reportable conduct types (physical violence, significant emotional or psychological harm, and significant neglect) refer to the Commission for Children and Young People’s information sheet on what is reportable conduct.

Related policies

• Child Abuse (including grooming) – Identification and Response
• Child Safe Standards
• Managing Conduct and Unsatisfactory Performance in the Teaching Service
• Working with Children and Other Suitability Checks for School Volunteers and Visitors

Relevant legislation

• Child Wellbeing and Safety Act 2005 (Vic)
• Disability Service Safeguards Act 2018 (Vic)
• Education and Care Services National Law Act 2010 (Vic)
• Ministerial Order 1359 - Implementing the Child Safe Standards (PDF)
• Sentencing Act 1991 (Vic)

Guidance

Supporting impacted students following reportable conduct allegations

This guidance outlines the actions schools must take to support impacted students following a reportable conduct concern or allegation relating to a staff member working in a Victorian government school (including employee, contractor or volunteer).

It also outlines the roles and responsibilities of schools and relevant teams within the department when supporting students in these circumstances.

Overarching policies and guidance for reporting and supporting students

School staff must follow the 4 Critical Actions when responding to an allegation, complaint, disclosure or concern of child abuse (including grooming) by an adult engaged by the school (a reportable conduct allegation).

The 4 Critical Actions are:

• Identify child abuse
• Report to authorities
• Support students through your school
• Refer to community services.

There is also detailed policy and guidance for schools on identifying and responding to child abuse (including grooming) on the Policy and Advisory Library (PAL) at:

• Child Abuse (including grooming) – Identification and Response.

Support for impacted students following any reportable conduct allegation

When allegations or concerns are raised in relation to a reportable conduct allegation, the school must provide immediate and ongoing support to all impacted students. This includes support for:

• students who experienced abuse (including grooming)
• others who may be affected such as siblings or friends who know about the abuse or were impacted in other ways.

This is an essential part of a school’s duty of care obligations.

The type and duration of support schools need to provide to impacted students will depend on the individual circumstances. It is likely to include regular contact and consultation with the family and student, where appropriate. It may also include referrals to and consultation with relevant external support agencies.

For detailed guidance on the actions schools must take to support impacted students refer to PROTECT:

• Support: respond to abuse by an adult engaged by a government school
• Refer: respond to abuse by an adult engaged by a government school.

Actions in the guidance on ‘support’ complement the actions in guidance on ’refer’ and can happen at the same time if that is the best way to support the student.

Support for impacted students following sexual offence allegations

When schools notify the Conduct and Integrity Division (CID) of a reportable conduct allegation, CID will assess what harm type the allegation will be recorded under, being one of the following:

• sexual offence
• sexual misconduct
• physical violence
• significant emotional or psychological harm
• significant neglect.

The following information outlines department roles and responsibilities in relation to support for impacted students following a sexual offence harm type reportable conduct allegation.

These teams will also support schools in relation to sexual misconduct and other reportable conduct allegations, on a case-by-case basis as required.

Refer to the definitions section of the Policy tab for the meaning of sexual offence and sexual misconduct under the Reportable Conduct Scheme.

Conduct and Integrity Division

When CID becomes aware of a reportable conduct allegation involving a sexual offence against, with or in the presence of a student, they will notify the Sexual Harm Response Unit as soon as possible so that the Sexual Harm Response Unit can contact the school principal and regional team to determine the appropriate next steps for supporting impacted students.

CID are also responsible for ensuring students are appropriately supported during any involvement in a department investigation. More detailed guidance on support for students during a department investigation is outlined further below.

Sexual Harm Response Unit

When notified of a reportable conduct allegation involving a sexual offence against, with or in the presence of a student, the Sexual Harm Response Unit will work with CID, the relevant regional executives (including the senior education improvement leader, area executive director and regional director), Student Support Services team leader, and the school leadership team to gather appropriate information in order to determine:

• who is best placed to make initial contact with impacted student(s) and parents/carers, to consult on immediate safety and wellbeing actions and referrals (documented in the department’s optional template Student Safety and Wellbeing Plan (DOCX) (staff login required) or other school-based document where appropriate)

  Note: This action will generally be the school depending on their current relationship with the student and family or a Student Support Services Officer from the region. However, in some cases the Sexual Harm Response Unit may contact families directly to support this process.

• who will conduct regular check-ins with the student and family throughout the police or department investigation, or throughout any criminal proceedings, to keep them informed of relevant updates and check that the student continues to have appropriate supports in place
• who will contact external agencies and support services to support impacted students and families, for instance, the relevant sexual assault service for that area
• who will liaise with impacted families and police (where relevant) regarding any communications to the broader community or any other sensitive issues that may arise (for example, anticipated media coverage)
• who will support the school to respond to concerns or queries from the broader school community.

The Sexual Harm Response Unit will liaise closely with schools on allocating responsibility for the actions above and will seek updates from the school principal on local arrangements and other supports at schools where any impacted student is enrolled. The Sexual Harm Response Unit will play an ongoing role throughout the course of the matter, to ensure appropriate support is provided to impacted students.

General information about the role of the Sexual Harm Response Unit is available at: Child Abuse (including grooming) – Identification and Response.

Regional and Area teams

Regional and Area teams will work with the Sexual Harm Response Unit and the school from the time that allegations come to light, to help determine who is best placed to support students and families at each step outlined in the actions above.

Relevant factors to support this work are local circumstances and any existing school or regional relationships with key support services, existing relationships between families and their schools, and preferences of students and their families for how they are supported.

Support for students during the investigation phase

The Conduct and Integrity Division (CID) are responsible for ensuring reportable conduct allegations are appropriately investigated. Detailed information on investigation procedures is available at: Managing Conduct and Unsatisfactory Performance in the Teaching Service: Part 3 – Managing misconduct under Division 10 of Part 2.4 of the ETRA.

CID will ensure that a specially trained investigator is appointed to look into the allegations in a way that focuses on fairness, safety, and evidence-based decision-making.

Note: CID will always inform police immediately of any criminal matters and will not investigate until clearance is given by police.

During any misconduct investigation involving students, schools and CID must ensure that appropriate safety and wellbeing supports are in place. This includes ensuring culturally safe practices, supports for students with disability, and appropriate adjustments for students with communication needs.

In consultation with the investigator, school leadership will typically advise families of impacted students that:

• their child has been identified as someone who may have been impacted or may have information
• an interview is requested (where appropriate and safe to do so)
• interviews are conducted by trained investigators, questions are age-appropriate, children can take breaks, a support person may be present, and participation is voluntary
• support options are available, including a contact person at the school for wellbeing support.

Investigators may attend the school to:

• speak to students who may have relevant information
• interview staff witnesses
• access records or physical evidence.

Schools are often the most appropriate location for interviews because it is familiar to the students and allows supports to be provided. School leaders must ensure interviews can be conducted in a quiet, private room, that supports student wellbeing and the integrity of the process, ideally with a nearby waiting space.

The school can assist by explaining to families that interviews are conducted by trained investigators, questions are age-appropriate (and consider any communication needs of students with disability), children can take breaks, a support person may be present, and participation is voluntary. Where appropriate, school leaders must provide a contact person for wellbeing support.

On the interview day, school leaders must:

• ensure a trusted wellbeing staff member (such as a key person identified in any Student Safety and Wellbeing Plan) is available
• ensure access to counselling or student services can be arranged
• make a plan for students after the interviews (for example, not returning immediately to class if distressed).

Supports for students should continue beyond the interview day.

Review child safety practices

School leaders must review their current child safety policies and practices and consider any immediate changes required to manage risks following any reportable conduct allegation.

This includes a review of the physical environment, supervision arrangements and any other risks to identify and implement any changes needed to manage further risk.

Assistance to undertake this review can be provided by the School Compliance Unit: school.compliance@education.vic.gov.au or 03 9084 8788.

For matters involving sexual offence allegations, the Sexual Harm Response Unit will work with the school and the School Compliance Unit to review the school’s child safety practices.

Record keeping

Accurate and timely record keeping is essential to ensure accountability, continuity of support, and compliance with requirements.
School leaders must maintain clear, accurate, and contemporaneous records of key information, decision-making, and relevant discussions and meetings.

For further information refer to the PROTECT guidance at: Document your actions.

Resources

Downloadable resources

• Reportable Conduct Scheme – FAQs (DOCX) (staff login required): for answers to frequently asked questions about Reportable Conduct
• Reportable Conduct Scheme – scenarios (DOCX) (staff login required): for example scenarios of what is and what is not Reportable Conduct
• Reportable Conduct Scheme – conversation starter (DOCX) (staff login required): to support staff understanding of the Reportable Conduct Scheme
• Child safety case study: potential grooming (DOCX) (staff login required)
• School-based and Early Learning Victoria employees subject to the Reportable Conduct Scheme at the Department of Education (PDF) (staff login required)
• School-based and Early Learning Victoria employees subject to the Reportable Conduct Scheme at the Department of Education (DOCX) (staff login required)

Useful links

• Child Protection and Child Safe Standards (PROTECT)
• For more information about the Reportable Conduct Scheme visit the Commission for Children and Young People – Reportable Conduct Scheme page
• For more information about the Disability Worker Regulation Scheme visit the Victorian Disability Worker Commission website