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 providing a disability service).

Summary

• Principals 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, 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 even if you are unsure about whether the conduct is reportable, or if the person is included in the scheme.
• Principals must 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.
• The obligation to report to Conduct and Integrity Division applies regardless of whether the principal 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 has a reasonable belief, the principal must report to Conduct and Integrity Division at employee.conduct@education.vic.gov.au. For further information, refer to: Report child abuse in schools.
• 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 Commission for Children and Young People and/or the Victorian Disability Workers Commission, if appropriate.
• The Reportable Conduct Scheme and Disability Workers Regulation Scheme do not change or replace other reporting obligations, such as mandatory reporting.

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, school or school council to the Commission for Children and Young People (CCYP), on behalf of the department.

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 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 CCYP, if appropriate. Where allegations relate to a contractor and may not require notification to the CCYP, principals and VPS managers must still contact Conduct and Integrity Division for advice.

Principals 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 mandatory reporting or other reporting responsibilities.

Below is the appropriate reporting mechanism within the department to ensure appropriate notification to the CCYP 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 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 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 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 must still contact Victoria Police if they suspect a criminal offence has occurred.

The Disability Worker Regulation Scheme does not change a principal’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) has engaged in notifiable conduct, they must inform their principal 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

School councils 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 the 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.

Related policies

• Protecting Children – Reporting and other Legal Obligations
• Child Safe Standards
• Complaints, Misconduct and Unsatisfactory Performance – 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)
• Ministerial Order 1359 - Implementing the Child Safe Standards (PDF)