Information for workers and volunteers about the Reportable Conduct Scheme

Information sheet 13

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Purpose

The purpose of this information sheet is to provide guidance to workers and volunteers (you) about the Reportable Conduct Scheme (the Scheme), particularly if you are the subject of a reportable allegation.

About the Reportable Conduct Scheme

The Reportable Conduct Scheme seeks to improve organisations’ responses to allegations of child abuse and neglect by their workers and volunteers. The Scheme is established by the Child Wellbeing and Safety Act 2005.

Under the Scheme, heads of organisations must notify the Social Services Regulator (SSR) about allegations of certain types of conduct involving a child by their workers and volunteers.

A child is a person under the age of 18.

Allegations must be reported about workers and volunteers even if:

  • they do not have direct contact with children as part of their work
  • the conduct occurred within or outside the course of employment.
  • Heads of organisations then have to investigate these allegations.

What types of workers and volunteers are covered by the Scheme?

The Scheme applies to the conduct of any person over the age of 18 years who is employed or engaged1 by an organisation covered by the Scheme including:

  • those directly engaged by an organisation covered by the Scheme to provide services, including as a volunteer, contractor, office holder, officer or other position
  • foster or kinship carers
  • ministers of religion, religious leaders or officers of a religious body
  • workers and volunteers provided by labour hire agencies or other providers
  • secondees
  • company directors
  • individuals who carry on a business.

Further information about allegations regarding these workers and volunteers can be found in Information sheet 19: New types of workers and volunteers covered by the Reportable Conduct Scheme.

If the organisation that you work or volunteer for is covered by the Scheme, then your conduct is covered by the Scheme.

More information about organisations covered by the Scheme can be found on the Who the Reportable Conduct Scheme applies to page.

Are you the subject of an allegation?

The following sections provide guidance if you become the subject of a reportable allegation.

Procedural fairness

One of the fundamental principles of the Scheme is that if you are the subject of a reportable allegation, you are entitled to receive natural justice in investigations into your behaviour. Natural justice is often called procedural fairness.

It is important that the reportable allegation process is conducted in a fair and reasonable manner and without undue delay.

Procedural fairness does not require that you be notified, straight away, that a reportable allegation has been made about you.

The investigator will need to consider the most appropriate and earliest opportunity to notify you, while ensuring the integrity of that investigation and the wellbeing of everyone involved.

There should not be an unreasonable delay in giving you notice about a reportable allegation.

In limited cases, for example, when an allegation is plainly false and can be dealt with and resolved in your favour without your involvement, it may be that you are not told about that allegation.

You may be notified of the allegation via a letter of allegation. A letter of allegation is a written document that clearly tells you the details of the reportable allegations made against you.

If a letter of allegation is provided, the letter should clearly set out each allegation and should contain enough information for you to understand exactly what the allegation(s) are so that you can respond to them.

A letter of allegation may include:

  • what conduct allegedly occurred
  • when and where the alleged conduct occurred
  • who was involved in the alleged conduct.

What happens once a reportable allegation is made against me?

Regardless of whether you received a letter of allegation or if you are notified of a reportable allegation in some other way, you should generally expect to:

  • be told about the details of the allegation
  • have an appropriate amount of time to consider the allegation, including so that you may suggest persons you believe should be interviewed as part of the allegation
  • be able to ask that an appropriate support person is present if you are interviewed
  • be invited to respond, either verbally or in writing, to the reportable allegation and any adverse information that is credible, relevant and significant
  • have an investigator who is impartial.

You may also have rights to seek advice and/or representation from a lawyer, union or other representative body as part of the investigation.

Putting your version in writing and/or attending an interview enables you to respond to the allegation. You may choose to seek advice before putting forward your version as there can be some serious consequences if the allegation is substantiated.

Stand down, suspension and other actions

Some organisations may consider if they should stand you down or suspend you while they investigate. The head of your organisation considers different issues, such as the risks to children and other people in their organisation, when making this decision.

Organisations might also:

  • prevent you from having contact with children
  • transfer you to other duties
  • ensure that you have additional support and supervision at work
  • direct you not to discuss the matter with other workers or volunteers
  • request that you hand over equipment or remove document access.

Each organisation will have to apply different laws and policies about these actions. Ask your organisation for more information if you need it.

Assessing the evidence

Balance of probabilities – Measure of proof

The level of certainty and degree of evidence required to establish proof for reportable allegations is called the ‘balance of probabilities’. This is a lower standard than is required for criminal cases in which an allegation must be proved beyond reasonable doubt. Therefore, when conducting an investigation, the investigator thinks about whether it is more likely than not that the reportable conduct occurred.

Finalising the investigation

Opportunity for you to respond

Before any adverse findings are made or disciplinary action is taken against you, the organisation should ensure that you are given an opportunity to comment on and respond to the allegation. That response should be carefully considered before the investigation is finalised.

Notification to the SSR

After considering your response, the organisation will prepare its investigation findings (and reasons for the findings). These are given to the SSR.

You should also be told about the outcome, particularly if that outcome is unfavourable. However, you may not always receive the full detailed investigation findings, report and reasons. This could be because these include sensitive information about children or private information.

Potential findings and action

There are different potential findings that can be made at the end of an investigation. Refer to Information Sheet 8 – Investigation Findings for detailed information on this.

In summary, if:

  • the evidence suggests it was more likely than not that the reportable conduct happened, then a substantiated finding may be made
  • there is not enough evidence to suggest that it was more likely than not that the reportable conduct happened, then an unsubstantiated – insufficient evidence finding may be made
  • there is not enough evidence to establish whether the reportable conduct did or did not happen, then an unsubstantiated – lack of evidence of weight finding may be made
  • there is strong evidence that reportable conduct did not happen, then an unfounded finding may be made
  • if the conduct occurred but it does not fit any of the types of reportable conduct listed above, then a finding of conduct outside Scheme may be made.

Organisations may take a range of actions on the basis of these findings.

Disagreeing with a finding and action

If you disagree with a finding or action taken by an organisation in response to a finding, you should refer to your internal organisational dispute resolution procedures.

You should also consider obtaining advice, support or guidance from:

Working with Children Check and Victorian Institute of Teaching information sharing

In addition to any action that your organisation may take, all reportable conduct allegations and all findings, and any information, reports or evidence shared with the Reportable Conduct Scheme will be shared with WWC Check. This will be used to assess if a person should hold a WWC Clearance.

A substantiated finding that a person has engaged in reportable conduct triggers an assessment of whether that person is suitable to continue to work or volunteer with children. An assessment may also take place where WWC Check is made aware of child safety risk information like serious allegations of abuse that are under investigation. This may lead to the suspension or revocation of a person’s WWC Clearance.

In some cases, the SSR may suspend a worker or volunteer’s WWC Clearance while it reassesses their eligibility and while an investigation under the Reportable Conduct Scheme is underway. A person whose Clearance is suspended cannot work or volunteer in child-related work until the reassessment is complete and a decision has been made.

Your organisation is responsible for ensuring allegations of reportable conduct are investigated and findings made, regardless of any regulatory action taken with a WWC Check.

If you are a registered teacher, the Victorian Institute of Teaching will be notified of the findings of all reportable conduct allegations.

The SSR is required to advise VIT when they receive a reportable allegation about a registered teacher.

Reports by workers or volunteers

If you form a reasonable belief that someone in an organisation has committed reportable conduct or misconduct that may involve reportable conduct, you may notify your head of organisation or the SSR. Reporting to the SSR does not replace your existing reporting obligations.

For example, you 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.

Note: The Scheme provides certain legal protections to any person who makes a reportable allegation to the SSR in good faith.

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 Social 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.

Download this information sheet

Information sheet 13 Information for Workers and Volunteers about the Reportable Conduct Scheme
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[1] The SSR uses the term ‘workers and volunteers’ to refer to employee as defined in section 3(1) of the Child Wellbeing and Safety Act 2005, and from 1 July 2024 this will include the new employees.

Updated

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