team meeting

For organisations

The scheme imposes some new obligations on the ‘head’ of some organisations.

team meeting

Watch an overview of the scheme in our narrated presentation - Victoria's Reportable Conduct Scheme - an introduction.

Who is the head of my organisation?

Depending on the structure of your organisation, the 'head' may be:

  • the chief executive officer (CEO), principal officer or equivalent
  • the Secretary of a Victorian Government Department.

Determining who the Principal Officer, CEO or equivalent 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.

Nominating a head of organisation

It may be possible that an organisation has no CEO, principal officer or equivalent.

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 make a nomination, please fill in our Head of organisation nomination form

Please complete the form and email a signed and scanned copy (with any attachments) to us.

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?

People

Reportable conduct can apply to the following people associated with an organisation in scope:

  • employees
  • volunteers
  • contractors
  • 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

Organisations in scope are required to comply with the scheme in one of three phases over 18-month period from 1 July 2017. The first phase focusses on organisations that operate schools and provide government services. These phases are outlined in schedules 3-5 of the Child Wellbeing and Safety Act. 

Phase 1: 1 July 2017 (Schedule 3)

  • 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)

  • 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)

  • 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

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 is within the scheme from the earliest phase relevant to your organisation.

Once part of your organisation is within the scheme, all of your organisation is within the scheme, and you must notify us about and investigate reportable allegations across your whole organisation.

If you are unsure about whether or when your organisation is or will be within the Reportable Conduct Scheme, Contact us for further advice.

Guidance

We have prepared a series of Reportable Conduct Scheme information sheets with guidance on organisations' obligations under the scheme. 

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