Guidance for organisations

Identifying the head of an organisation

The head of an organisation is the person responsible for key decisions within an organisation. This will usually be the Chief Executive Officer (CEO) or for Victorian Government Departments, the Secretary.

For organisations that do not have a CEO, it will be the Principal Officer. While the titles of a Principal Officer can vary across organisations, they can usually be recognised by their responsibilities and authority.

Nominating a head of organisation

If your organisation does not have a CEO, Principal Officer or equivalent, the organisation should nominate a person to be the head of the organisation for the purpose of the Reportable Conduct Scheme.

To make a nomination, please complete the Head of organisation nomination webform.

The nominee and a witness will also need to sign the nomination declaration for head of an organisation which you can download from below.

When the head of organisation is not clear

Some organisations have more complex structures. For example, boards, religious groups or volunteer-led organisations. In these cases, the organisation should look at their governance structure to identify the most senior position. They may wish to get legal advice to identify that position.

What the head of an organisation is required to do

The head of the organisation carries all of the legal obligations under the Reportable Conduct Scheme (the Scheme).

Heads of organisations can get help from other people within the organisation to fulfil their obligations but they ultimately maintain responsibility for the organisation’s compliance with the Scheme.

The head of the organisation is required to have systems in place to:

• Prevent reportable conduct from being committed by workers and volunteers. Implementing the Child Safe Standards will help organisations achieve this.
• Enable anyone to notify the head of organisation of a reportable allegation
• Enable anyone to notify the SSR of a reportable allegation involving the head of the organisation
• Investigate and respond to reportable allegations made against workers and volunteers from that organisation.

The Scheme also requires heads to do the following once becoming aware of a reportable allegation:

• report allegations which may involve criminal conduct to the police
• notify the SSR of reportable allegations within three business days of becoming aware of the allegation
• investigate the reportable allegations
• provide an update with certain information about the allegation to us within 30 days of becoming aware of the allegation
• provide us certain information once an investigation about the allegation has concluded, including a copy of the findings of the investigation.

Learn more in our Responsibilties of the head of an organisation information sheet.

Notifying and responding to allegations

Under the Reportable Conduct Scheme, the head of an organisation is legally required to ensure all allegations of reportable conduct against a child by a worker or volunteer are taken seriously, reported and investigated.

Once the head of an organisation becomes aware of a reportable allegation, they are required to notify the SSR of that allegation and then provide further information to us at specific points:

• Notification of a reportable allegation: heads of organisations must notify us that a reportable allegation has been made against one of their workers or volunteers within three business days of becoming aware of a reportable allegation. Information about how risks to children are being managed should also be provided.
• Advice on Investigation: regardless of whether the organisation completes the investigation themselves or engages an external investigator, they must let the SSR know who will conduct the investigation.
• 30 calendar day update: heads of organisations must provide certain detailed information about the allegation and their proposed response within 30 calendar days of becoming aware of a reportable allegation. An update about the investigation should also be provided.
• Outcome of investigation: heads of organisations must prepare a final investigation report at the conclusion of an investigation into a reportable conduct allegation. The final investigation report should set out the findings, reasons for the findings and recommendations made at the conclusion of investigation. Once a reportable conduct investigation has been finalised, organisations must notify the SSR of all findings and outcomes. A copy of the investigation report should also be provided to the SSR with all evidence gathered.

Learn more about what information to provide SSR and when in the Reporting to the SSR information sheet.

The SSR operates an online webform for heads of organisations to make a report, update us and submit all required information about an investigation. Guidance to help you complete this online webform, such as what information you will be asked to provide, can be found in our make a report under the Reportable Conduct Scheme webpage.

Notifying the SSR ensures we have visibility of your matter. This allows us to assess risk and determine an appropriate level of oversight.

Allegations about the conduct of workers and volunteers must be reported even if:

• they do not have direct contact with children in their role at the organisation
• the conduct occurred outside of their work.

Allegations about the conduct of workers or volunteers may need to be reported to the SSR under the Reportable Conduct Scheme even when the alleged conduct happened before they started working for the organisation or when the allegation is raised after they have left the organisation. Further information on reporting historical allegations can be found in our historical allegations information sheet.

Reporting to Victoria Police and Child Protection

All suspected criminal behaviour should be reported to Victoria Police.

You can call 131 444 to report some non-urgent crime and events to Victoria Police, more information can be found here: Police Assistance Line and online reporting.

If the reportable allegation involves suspected criminal behaviour, both Victoria Police and the SSR must be notified.

If an allegation might involve criminal conduct and has been reported to Victoria Police, an organisation must not start their own investigation until and unless police have provided clearance to commence.

To report concerns about a child who may be in need of protection from harm, abuse or neglect, contact Child Protection.

Manage risks to children

Taking action to prioritise children’s safety should be the organisation’s focus when an allegation or safety concern has been raised. It is important to take a moment to assess the immediate risks so these can guide the next steps your organisation takes. You will need to assess the risks to the safety of all children (not just the alleged victim) and any other affected people. The risks will depend on the nature and seriousness of the allegation.

Depending on the nature and seriousness of the complaint or safety concern you may need to arrange urgent medical assistance, call 000 for urgent Victoria Police assistance if you have concerns that are life threatening or posing an immediate risk to the health and safety of anyone, tell the child’s parents and carers about the allegation unless the disclosure is related to abuse within the family. Organisations must take action to keep all children in the organisation safe, including while the complaint is investigated.

You may need to manage risks to children in your organisation posed by the subject of an allegation. Your organisation’s response will depend on the nature of the allegations and the subject’s level of engagement with, responsibility for and access to children and their information.

Actions to manage this risk could include standing down the subject of allegation during the investigation, altering their duties including not permitting them to engage with children, not permitting them to have unsupervised contact with children, removing their access to any sensitive IT systems, files or facilities.

Risk management is ongoing. As your organisation collects more information about a complaint or safety concern, it is important to manage any new risks or issues that emerge.

For more information about managing risk to children see the SSR’s Guide for creating a child safe organisation.

Investigations and findings

Planning and conducting an investigation

When planning an investigation, organisations should consider how it will be conducted in a way that is fair, timely and prioritises the safety of children. Organisations may use an internal investigator. They can also decide to use an external investigator due to organisational capacity, resourcing or the need to manage a conflict of interest.

The SSR has developed resources to help guide the approach of organisations to conduct reportable conduct investigations.

This includes:

• An investigation overview information sheet which provides a general overview of a reportable allegation investigation and factors to consider.
• An investigation findings information sheet which provides an overview of the types of findings that can be made and what factors must be considered when making a finding.
• Comprehensive guidance for organisations conducting a reportable conduct allegation which sets out a series of minimum standards for investigations to support organisations and investigators that may not have formal investigation training or experience.

In some cases, WWC Check might suspend a worker or volunteer’s Working with WWC Clearance after an allegation is reported. Suspended individuals cannot work or volunteer with children until their WWC Clearance re-assessment is finalised and a decision is made.

The head of organisation must conduct an investigation under the Reportable Conduct Scheme regardless of any regulatory action taken by WWC Check.

Including children in investigations

Children should always be interviewed as part of reportable conduct investigations unless there is a good reason not to. This shows children that their voice is valued and that they will be listened to and also makes for more thorough investigations into reportable conduct allegations.

The approach to interviewing a child is different to interviewing an adult, with careful thought and planning required.

How to be a good questioner of children

The short video below provides an introduction to interviewing children and addresses some common myths.

A guide has been developed with the assistance of Griffith University’s Centre for Investigative Interviewing to help organisations to conduct trauma-informed, effective and appropriate interviews with children.

View the guide for including children and young people in reportable conduct investigations. The guide has two parts:

• Part A: Standard Child Interview Method – a technique for how to interview children
• Part B: Guidance for taking a trauma-informed approach to investigations.

The guide outlines a standard child interview method. You can view a mock interview using this method in the video below.

Isabella’s bruise – a mock interview

Isabella’s bruise – the mock interview with commentary by Professor Martine Powell

Professor Martine Powell from Griffith University also explains the use of this method in the mock interview in another video below.