What is reportable conduct?

What types of conduct are reportable?

There are five types of ‘reportable conduct’ listed in the Child Wellbeing and Safety Act 2005:

• sexual offences (against, with or in the presence of, a child)
• sexual misconduct (against, with or in the presence of, a child)
• physical violence (against, with or in the presence of, a child)
• behaviour that causes significant emotional or psychological harm
• significant neglect.

A short description of the types of reportable conduct is provided below.

What are sexual offences?

In Victoria, it is an offence to engage in certain sexual behaviours against, with or in front of, a child. Many of these behaviours are reportable conduct under the Reportable Conduct Scheme. This includes:

• sexual assault
• indecent acts
• possession of child abuse material
• ‘grooming’ a child in order to commit a sexual offence.

A full list of the relevant sexual offences is set out in clause 1 of Schedule 1 to the Sentencing Act 1991.

A worker or volunteer does not need to be charged with, or found guilty of, a sexual offence for their behaviour to be reportable conduct.

The terms worker and volunteer are used to cover a range of people subject to the scheme. Further details are provided in Information Sheet 1 – About the Victorian Reportable Conduct Scheme, under the heading Who can a reportable allegation be made about under the scheme?

What is sexual misconduct?

‘Sexual misconduct’ captures a broader range of inappropriate behaviours of a sexual nature that are not necessarily criminal.

Sexual misconduct refers to conduct that:

• amounts to misconduct
• is of a sexual nature, and
• occurred against, with, or in the presence of, a child.

Please refer to Information Sheet 9 – Sexual misconduct for further guidance.

What is physical violence?

Physical violence committed against, with or in the presence of a child can fall into two categories. Physical violence can be either:

• actual physical violence - a worker or volunteer intentionally or recklessly uses physical force against, with, or in the presence of a child without a lawful reason, which has the ability to cause injury or harm to the child. Actual physical violence can include hitting, punching, kicking, pushing or throwing something that strikes a child or another person.
  
• apprehended physical violence - a worker or volunteer intentionally or recklessly engages in conduct or behaviour against, with, or in the presence of a child that is capable of causing a child to think that physical force is about to be used against them or another person. This could include words, gestures or actions that cause a child to believe physical force is about to be used against them, regardless of whether or not the worker or volunteer actually intended that any physical force would be applied.

Please refer to Information Sheet 10 – Physical violence for further guidance.

What is behaviour that causes emotional or psychological harm to a child?

Each allegation of this type of reportable conduct should be considered carefully, keeping in mind the context in which the behaviour occurred and the child’s circumstances. In determining whether behaviour has caused significant emotional or psychological harm, you should consider the following:

1. What were the worker’s or volunteer’s behaviours? It is important to clearly identify the behaviour. The investigation must find that the behaviour was either intentional or reckless.
2. Did the behaviour cause emotional or psychological harm that is significant? If a child was harmed, consideration should be given to:

• whether that harm amounts to emotional or psychological harm that is significant, and
• whether the behaviour caused the harm.

(If there is nothing to indicate that the child was harmed then it will not be necessary to consider the two dot points above.)

Please refer to Information Sheet 18 – Behaviour that causes emotional or psychological harm to a child for further guidance.

What is significant neglect?

Significant neglect occurs when there is a significant, deliberate or reckless failure to meet the basic needs of a child in circumstances where the adult understood the needs of the child or could have understood those needs if they had turned their mind to the question, and had the opportunity to meet those needs but failed to do so.

Examples of different types of neglect could include:

• Supervisory neglect: This may occur when a person responsible for the care of a child is unable or unwilling to exercise adequate supervision or control of the child or young person or fails to seek or comply with appropriate medical treatment.
• Physical neglect: This may occur where there is the failure to meet a child’s physical needs including the provision of adequate and appropriate food, clothing, shelter or physical hygiene needs.
• Educational neglect: This may occur when there is a failure to ensure that a child’s formal education needs are being met.
• Emotional neglect: This may occur where there is a failure to provide adequate nurturing, affection encouragement and support to a child.

‘Significant’ neglect

Neglect will be significant where there has been a deliberate or reckless omission or omissions that separately or together have had, or could have, considerable force or effect on the safety or wellbeing of the child who is the victim of the neglect. For detailed guidance on significant neglect together with some practical examples, please refer to Information sheet 11 – Significant neglect.

What is a reasonable belief?

A reportable allegation is made where a person makes an allegation, based on a reasonable belief, that a worker or volunteer has committed reportable conduct or misconduct that may involve reportable conduct. This includes where a reportable allegation is made against the head of the organisation.

A reasonable belief is more than suspicion. There must be some objective basis for the belief. However, it is not the same as having proof and does not require certainty.

For example, a person is likely to have a reasonable belief if they:

• observed the conduct themselves
• heard directly from a child that the conduct occurred
• received information from another credible source (including another witness).

Heads of entity do not need to agree with or share the belief that the alleged conduct has occurred. However, they do not need to notify the Social Services Regulator (SSR) about the allegation if it is plainly wrong or has no basis at all in reality.

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