Reportable and Notifiable Conduct

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.