Historical allegations

The Reportable Conduct Scheme (the Scheme) requires certain allegations of past or historical reportable conduct to be notified to the Social Services Regulator (SSR).

This information sheet will help organisations that are covered by the Scheme to consider whether the SSR needs to be notified about an allegation that concerns conduct which occurred before your organisation was covered by the Scheme, or for allegations raised after a worker or volunteer has left the organisation.

The timing of the following may affect whether the SSR needs to be notified about an allegation:

• when an allegation is made (or remade)
• the employment or engagement of a worker or volunteer by an organisation
• when conduct is alleged to have occurred.

Who might historical allegations apply to?

Many organisations will have been operating long before the Scheme started. Some of those organisations may be aware of, or have records of, allegations about reportable conduct by their workers or volunteers that were made before the start of the Scheme.

A reportable allegation can be made about certain workers or volunteers¹ over 18 years of age who are or were:

• an employee of an organisation covered by the Scheme
• a minister of religion, religious leader or officer of a religious body
• a foster or kinship carer
• a volunteer, contractor, office holder, officer or other position directly engaged by an organisation covered by the Scheme to provide services
• a worker or volunteer supplied by a provider*
• a secondee*
• a company director*
• an individual who carries on a business and engages or employs people to provide services*.

*Only for allegations made from 1 July 2024.

The Scheme commenced on 1 July 2017 and organisations were covered by the Scheme in four phases.

How to decide if the SSR needs to be notified about an allegation

When deciding if an allegation must be notified to the SSR under the Scheme, it is helpful to consider:

• the timing of the allegation
• if the alleged conduct was within the course of the worker’s or volunteer’s employment or engagement with the organisation
• the timing of that employment or engagement
• the timing of the alleged conduct.

Allegations about the conduct of a worker or volunteer may need to be notified to the SSR under the 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.

Heads of organisations do not need to report and investigate allegations concerning workers or volunteers who are deceased.

Timing of allegations

Allegations made before the Scheme covered an organisation.

The Scheme does not require organisations to notify the SSR about every allegation that has ever been known to an organisation prior to the organisation being covered by the Scheme. Rather, the Scheme only requires that allegations be reported to the SSR if that allegation was made, and the head of organisation becomes aware of it, after the organisation was covered by the Scheme.

An allegation will be made, for the purposes of the Scheme, when either:

• the allegation is conveyed or communicated to another person or organisation, or
• the head of an organisation personally witnessed relevant conduct.²

In other words, if an allegation of reportable conduct has only ever been made before the worker’s or volunteer’s organisation was covered by the Scheme, it does not need to be reported to the SSR.

Remaking allegations

If, after an organisation started being covered by the Scheme, an allegation is ‘remade’ or repeated (for example, an allegation previously made before the organisation was covered by the Scheme, is again conveyed or communicated after the organisation started being covered by the Scheme) that allegation may need to be reported to the SSR. Remade allegations may need to be reported to the SSR even if the allegation concerns the same or substantially the same conduct that was alleged before the organisation was covered by the Scheme.

In cases where allegations are remade, an organisation will not always need to conduct a new investigation. For example, if an organisation is satisfied that it has already properly investigated and made findings about the alleged reportable conduct, it may submit the findings from its previous investigation to the SSR. In cases where allegations are remade and new relevant evidence comes to light, organisations are encouraged to contact the SSR for guidance on whether a fresh investigation should be conducted.

If an allegation has only ever been made before an organisation was covered by the Scheme, a head of an organisation may choose to report the allegation to the SSR. Once that allegation has been reported to the SSR by the head of an organisation, that head must investigate the allegation, provide the 30-day update and make reportable conduct findings.

Worker or volunteer employment or engagement

Whether the worker or volunteer about whom an allegation is made (the subject of allegation) is currently employed or engaged by your organisation impacts whether an allegation must be notified to the SSR.

Workers or volunteers currently employed or engaged by organisation

Allegations made about workers or volunteers currently engaged or employed by an organisation currently covered by the Scheme must be notified to the SSR and investigated under the Scheme regardless of:

• whether or not the alleged conduct occurred in the course of the person’s employment or engagement or in their private lives
• when the conduct is alleged to have occurred.

Worker or volunteer not currently employed or engaged by organisation

Allegations made about workers or volunteers who are no longer employed or engaged by the organisation must be notified to the SSR and investigated under the Scheme:

• where the alleged conduct occurred after the organisation was covered by the Scheme regardless of whether the conduct is alleged to have occurred within the course of employment or engagement with the organisation, or in their private life, or
• where the alleged conduct occurred before the organisation was covered by the Scheme and is alleged to have occurred within the course of employment or engagement with the organisation.

Reportable allegations concerning former workers or volunteers are not required to be reported to the SSR:

• if the alleged conduct occurred before the organisation was covered by the Scheme and is alleged to have occurred outside the course of employment or engagement with the organisation.

You also may still be required to:

• report to Child Protection if you form a reasonable belief that a child is in need of protection from physical injury or sexual abuse
• report to Victoria Police if a criminal offence may have occurred
• take all reasonable steps to remove or reduce risks of sexual abuse, especially if you are in a position of authority.

Contact us

For further information about the Reportable Conduct Scheme, to talk through issues of concern, or to make a notification, contact SSR by phone on 1300 310 778 or via email at contact@ssr.vic.gov.au.

For all WWC Check queries contact 1300 652 879.

If you need an interpreter, please call the Translating and Interpreting Service on 13 14 50 and ask them to contact the Services Regulator on 1300 310 778.

If you are deaf, or have a hearing or speech impairment, contact us through the National Relay Service. For more information, visit: https://www.accesshub.gov.au/about-the-nrs.

^{[1] See Information sheet 1: About the Reportable Conduct Scheme and Information sheet 19: New types of workers and volunteers covered by the Reportable Conduct Scheme for details on which workers and volunteers are covered by the Scheme.}

^{[2] See Information sheet 2: What is reportable conduct? and Information sheet 3: Responsibilities of the head of an organisation for more detailed information about reportable allegations that must be notified to the Commission and the obligations of heads of organisations.}

Download this information sheet