The New South Wales Reportable Conduct Scheme

From 1 March 2020, the Reportable Conduct Scheme is operated by the Office of the Children’s Guardian under the Children's Guardian Act 2019.

The scheme monitors how certain organisations (‘relevant entities’) investigate and report on types of conduct ('reportable allegations' or 'reportable convictions') made against their employees, volunteers or certain contractors who provide services to children. The scheme will also cover religious bodies, in response to recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse.

From 1 March 2020, when the head of a 'relevant entity' (Chairman of Session (church Council)) becomes aware of a reportable allegation or a reportable conviction, the head of that entity must notify the Office of the Children's Guardian within seven business days and conduct an investigation into the allegations. If the final entity report is not ready to submit within 30 calendar days, the head must provide an interim report with information about the progress of the investigation and an expected timeframe for completion.

Under the new Act, the Office of the Children’s Guardian will monitor the entity's response to the allegation. The Children’s Guardian may also monitor the progress of an entity’s investigation if the Children’s Guardian considers it is in the public interest to do so.

Under the Children’s Guardian Act 2019  there are certain organisations or relevant ‘entities’ that have legal obligations under the Reportable Conduct Scheme.

These entities are required to notify and investigate certain allegations (reportable allegations) of abuse involving a child when the allegation is against someone they employ, engage or contract in circumstances outlines by the legislation. See Organisations in the scheme

While a police investigation may have priority in these matters, the head of an entity still has to notify the Office of the Children’s Guardian within 7 business days of becoming aware of any reportable allegation or conviction and provide a final entity report or interim/update report within 30 calendar days.

More information about identifying reportable allegations

Following notification of a reportable allegation, the Office of the Children’s Guardian can provide guidance to your entity about how to respond to the allegation.

The Reportable Conduct Directorate at the Office of the Children’s Guardian can also:

• monitor and guide the progress of the entity’s investigation into the reportable allegation or conviction
• require further information about the allegation or the entity's response to it
• assess whether the entity conducted a fair, transparent, effective and timely investigation
• determine whether appropriate actions have been taken by the entity following the investigation
• work with relevant entities to help them improve their systems for preventing reportable conduct and responding to reportable allegations.

Certain information may be shared within the Office of the Children’s Guardian and with external agencies to keep children safe.