Reportable Conduct

Policy

The purpose of this policy is to ensure all department employees (including all school-based employees) and school councils notify the relevant departmental officer where there is an allegation of reportable conduct.

Summary

• Principals must notify the Employee Conduct Branch as soon as possible after becoming aware of a reportable conduct allegation involving any employees, contractors, volunteers (including parents), allied health staff and school council employees.
• The Employee Conduct Branch will assess the allegations and report them to the Commission for Children and Young People, if appropriate.
• The Reportable Conduct Scheme does not change or replace other reporting obligations such as mandatory reporting.

Details

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

Department policy is that the department's Employee Conduct Branch has responsibility for reporting any allegations of ‘reportable conduct’ raised against department employees, volunteers and school council employees who are 18 years or over to the Commission for Children and Young People (CCYP), on behalf of the department.

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

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

Principals and VPS managers should notify the Employee Conduct Branch as soon as possible after becoming aware of a reportable allegation, so that the Employee Conduct Branch 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 the Employee Conduct Branch should be contacted for advice.

Principals must still contact Victoria Police if they suspect a criminal offence involving a child has occurred.

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.

School Councils

School councils are not required to report allegations to the CCYP directly. Rather, school councils should instruct the principal, as the executive officer of the school council, to notify the Employee Conduct Branch as soon as possible after becoming aware of a reportable allegation, so that the Employee Conduct Branch can assess the allegations and report them to the CCYP, 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)