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Watch a video of our Commissioners talking about the Reportable Conduct Scheme.
Who is the head of my organisation?
Depending on the structure of your organisation, the 'head' may be:
- the chief executive officer (CEO) or principal officer
- the Secretary of a Victorian Government Department.
Determining who is the CEO or Principal Officer may depend on each organisation's structure, governance and legal obligations. Some organisations may wish to obtain their own legal advice to identify that position.
Guidance to help you identify the head of your organisation can be found in the Information Sheet: Identifying the head of an organisation
Nominating a head of organisation
It may be possible that an organisation has no CEO or principal officer.
In such cases, a person nominated by the organisation, and approved by the Commission can be the head for the purposes of the scheme.
To find out more about nominating a head of organisation and what you will need to prepare before nominating, please see Information Sheet: Identifying the head of an organisation
To make a nomination, please fill in our Head of organisation nomination form
What does the scheme require the head to do?
Importantly, the scheme requires heads to:
- respond to a reportable allegation made against a worker or volunteer from their organisation, by ensuring that allegations are appropriately investigated
- report allegations which may involve criminal conduct to the police
- notify us of allegations within three business days after becoming aware of the allegation
- give us certain detailed information about the allegation within 30 days after becoming aware of the allegation
- after the investigation has concluded, give us certain information including a copy of the findings of the investigation
- ensure that their organisation has systems in place to:
- prevent reportable conduct from being committed by a worker or volunteer within the course of their employment
- enable any person to notify the head of a reportable allegation
- enable any person to notify us of a reportable allegation involving the head
- investigate and respond to a reportable allegation against a worker of volunteer from that organisation.
For more details, please see our information sheet Responsibilities of the head of an organisation
How do I tell the Commission about a reportable allegation?
Heads of organisations must use our online form Notify and update reportable allegations
Members of the public may make disclosures either through our online form, by phone or letter.
When should I tell the Commission?
Within three business days of becoming aware of an allegation, heads of organisations must notify us that a reportable allegation has been made against one of their workers or volunteers.
Within 30 calendar days heads of organisations must provide certain detailed information about the allegations and their proposed response.
It is a criminal offence for a head of an organisation to fail to comply with the three-day and 30-day notification obligations without a reasonable excuse.
For more details, please see our information sheet Reporting to the Commission
Who does the scheme apply to?
Reportable conduct can apply to the following people associated with an organisation in scope:
- office holders
- ministers of religion
- officers of a religious body
- foster and kinship carers in a formal care arrangement.
We can only accept an allegation about a person who is 18 years or older.
Organisations in scope were required to start complying with the scheme in one of four phases between 1 July 2017 and 1 May 2020. These phases are outlined in Schedules 3-5 of the Child Wellbeing and Safety Act 2005 and the Child Wellbeing and Safety Regulations 2017.
Phase 1: 1 July 2017 (Schedule 3 Child Wellbeing and Safety Act 2005)
- An organisation that operates a registered government or non-government school
- an organisation that is registered in respect of an accredited senior secondary course or registered senior secondary qualification
- an organisation that is approved to:
- provide certain courses to students from overseas
- operate an overseas student exchange program
- an organisation that is:
- a disability service provider that provides residential services for children with a disability
- a mental health service provider with in-patient beds
- an organisation that receives State Government funding and:
- is a drug or alcohol treatment service with in-patient beds
- is a housing service or other assistance to homeless persons with overnight beds for children and young people
- provides child protection services
- an organisation that is an out-of-home care service
- Victorian Government departments.
Phase 2: 1 January 2018 (Schedule 4 Child Wellbeing and Safety Act 2005)
- Religious bodies
- an organisation that:
- operates a residential facility for a boarding school
- provides overnight camps for children as part of its primary activity (except certain youth organisations)
- is a public or denominational hospital or operates a private hospital
- is a public health service
- an organisation that provides disability services, including but not limited to, registered disability service providers.
Phase 3: 1 January 2019 (Schedule 5 Child Wellbeing and Safety Act 2005)
- Approved education and care services (e.g. kindergartens, after hours care services)
- children’s services (e.g. occasional care providers)
- certain prescribed art centres, libraries, museums, zoos, parks and gardens.
Phase 4: 1 May 2020 (Child Wellbeing and Safety Regulations 2017)
- Youth organisations that provide overnight camps for children as part of their primary activity.
An organisation may provide services or activities that put it in more than one phase of the Reportable Conduct Scheme. If your organisation falls into more than one phase, your organisation as a whole needs to comply with the scheme from the earliest phase relevant to your organisation.
If you are unsure about whether your organisation is required to comply with the Reportable Conduct Scheme, contact us for further advice.
Please see our Resources and support page for Reportable Conduct Scheme information sessions, information sheets, videos, presentations and guides.
For resources on interviewing children and young people as part of a reportable conduct investigation, click here.
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