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Allegations can be raised about the conduct of the following people employed or engaged by an organisation that is in scope for the Reportable Conduct Scheme:
- 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 the conduct of a person who is 18 years or older against, with or in the presence of a child who is under 18 years.
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.