Reportable conduct resource kit

Overview of the scheme

• Introduction to the ACT Reportable Conduct Scheme
• Introduction to the ACT Reportable Conduct Scheme for Employees
• Introduction to the ACT Reportable Conduct Scheme for the ACT community (including parents)
• Reportable Conduct Scheme Self-Assessment Checklist
• ACT Ombudsman's Reportable Conduct Process Flow Chart
• Reportable Conduct Scheme Poster for Employers

Practice guides

• No. 1 - How the ACT Ombudsman responds to notifications and reports
• No. 2 - Identifying Reportable Conduct
• No. 3 - Risk management following an allegation of reportable conduct against an employee
• No. 4 - Planning and conducting an investigation
• No. 5 - Employer responsibilities
• No. 6 - Making a finding of reportable conduct
• No. 7 - How to write a final 17J investigation report
• No. 8 - Information Sharing and Reportable Conduct
• No. 9 - How the ACT Ombudsman assesses an employer's response or investigation
• No. 10 - Addressing child protection issues in a code of conduct
• No. 11 - Reportable Conduct Case Studies

Flowcharts

• Flowchart One - Identifying Allegations of Reportable Conduct
• Flowchart Two - Reporting Allegations of Reportable Conduct
• Flowchart Three - Investigating Allegations of Reportable Conduct
• Flowchart Four - Making a Reportable Conduct Finding
• Flowchart Five - Finalising a Reportable Conduct Investigation

Forms

Reportable Conduct s 17G Notification form – for notifying the Ombudsman about reportable conduct

Final 17J investigation report coversheet - for the final investigation report

Nomination form head of entity - religious bodies

Reportable Conduct E-Learning Module

The e-learning module is designed to provide an easily accessible overview of the Scheme to support designated entities to properly respond to and investigate allegations of reportable conduct. This is essential to our oversight function and to support designated entities meet the requirements of the Scheme.

Providing an e-learning module allows entities to access the content from our information sessions at a time suitable to them and directly from our website.

The e-learning module will also help cater for any future inclusions to and/or expansions of the Scheme in being able to provide a readily accessible training package to a large audience.

We will continue to offer face to face sessions or online sessions on an ad hoc basis where there is a need, for example, to a larger entity, or a group of entities experiencing similar issues so we can tailor the content to meet their needs.

Reportable Conduct E-Learning Module (it takes about 30 minutes, but you can pause and resume as required).

ACT Reportable Conduct Practitioners’ Forum

14 November 2024 – Communique
23 February 2023 – Communique

Public statement about a reportable conduct investigation 2024

The Ombudsman investigated Barnardos’ handling of an allegation of reportable conduct. Due to the sensitive nature of the subject matter, the Ombudsman will not release the report or discuss the investigation.

However, the Ombudsman decided to release this public statement to highlight the issues discovered, and share the lessons learned with the community, and other entities covered by the scheme.

See full statement here.

Public statement about a reportable conduct investigation 2018

In October 2018 the Ombudsman investigated the response of the ACT Education Directorate to an allegation of reportable conduct, about a teacher and their interactions with a student. Due to the sensitive nature of the subject matter, the Ombudsman will not release the report or discuss the investigation.

However, the Ombudsman decided to release this public statement to highlight the relationship between reportable conduct and workplace relations, and the importance of employees having a clear understanding of what constitutes reportable conduct, and what to do if such conduct was observed.

See full statement here.

Useful links

The National Office for Child Safety delivers national policies and strategies to enhance children’s safety and reduce future harm to children. Resources include:

• National Principles for Child Safe Organisations poster
• Complaint-Handling Guide: Upholding the rights of children and young people

The Child and Youth Protection Services in the Community Services Directorate- supports children, young people and families requiring a care or justice response. It is the statutory child protection body in the ACT.

Information about making a Child Concern report (including mandatory reports) is contained in its guide, Keeping Children and Young People Act 2008. There is also an e-learning module.

Reportable conduct definitions

Who is an organisation?

Organisations covered by the scheme are referred to as ‘designated entities’ and include:

• all ACT directorates
• health services, including hospital and ambulance services
• kinship and foster care organisations
• residential care organisations
• government and non-government schools
• a religious body
• child care services
• education and care service providers, including after school care.

Some organisations providing services to children that are not covered under the scheme include:

• sporting clubs
• organisations that provide instruction in a particular activity (e.g. ballet, piano, swimming)
• Scouts and Girl Guides
• Universities.

The scheme does not cover personal arrangements such as babysitting or private tuition.

Who is an employee?

All employees under a contract of employment with a designated entity are included in the scheme. This includes employees that do not work directly with children.

Volunteers, contractors or employees of another organisations engaged by the entity are considered to be employees if they are engaged to provide services to children.

For a religious body an employee includes:

• a Minister or leader
• a person under a contract of employment
• a person engaged to provide services, such as a volunteer or contractor (including those who do not work with children).

The employee does not have to be employed with an organisation when the alleged conduct occurred. However an employee needs to be engaged by an organisation at the time an allegation is made.

Who is a child?

A child is defined as a person under 18 years old at the time of the alleged conduct.

Allegation or conviction

An allegation is a claim that someone’s conduct is reportable. Proof is not required.

Allegations, convictions and findings of guilt must be reported in the reportable conduct scheme.  The threshold for notifying an allegation to the Ombudsman is lower than the threshold for making a finding that reportable conduct occurred.

If an allegation about a current employee is made after 1 July 2017 about reportable conduct before 1 July 2017 then organisations should report to the Ombudsman.

E-Newsletter Sign-up

If you would like to be kept up to date on information about the Reportable Conduct Scheme, including notification of upcoming information sessions, please register your details here.