The Reportable Conduct Scheme: the Five Types of Reportable Conduct

The Reportable Conduct Scheme: the Five Types of Reportable Conduct

Understanding the Reportable Conduct Scheme

In Victoria, the Reportable Conduct Scheme (RCS) (Scheme) plays a crucial role in protecting children and young people. The Scheme seeks to improve the response of organisations to allegations of child abuse and neglect by their workers, volunteers, or contractors.

With the Child Safe Standards (CSS) as its foundation, the RCS helps organisations prioritise child safety, prevent abuse, and respond appropriately when concerns arise. This Scheme is not just about compliance but also fosters a proactive culture of accountability, transparency, and safety within every organisation entrusted with the care of children and young people.

How the Scheme Works

Under the RCS, the Commission for Children and Young People (CCYP)
(Commission) has broad oversight powers. The Commission can:

• Receive allegations and findings of reportable conduct;
• Review an organisation’s systems for preventing, notifying and investigating
  allegations;
• Oversee workplace investigations or, in some cases, conduct its own investigations;
• Refer findings to professional registration bodies or the Department of
  Government Services (Working with Children Check); and
• Report to Parliament on trends and performance under the Scheme.

The RCS does not replace or interfere with police investigations. If there is any
suspicion of criminal behaviour, the matter must still be referred to Victoria Police.

From 1 July 2024, the Scheme’s coverage expanded to include labour-hire workers, secondees, individual business owners, and company directors who perform work for or within a relevant organisation. This ensures that all adults who have contact with children, regardless of how they are engaged, fall within the Scheme’s scope.

The CCYP is legally responsible for ensuring that organisations meet their obligations under the RCS. This includes ensuring that allegations are reported and investigated promptly, that effective systems are in place to prevent and respond to reportable conduct, and that all compliance requirements are fulfilled. Failing to uphold these duties can have serious consequences, exposing both the organisation and its leaders to regulatory action and potential criminal liability.

The Five Types of Reportable Conduct

There are five types of reportable conduct that must be reported to the CCYP when
alleged to have been committed by a worker, volunteer or other covered person under the Scheme.

Sexual Offences Committed Against, With or in the Presence of a Child

These are criminal acts of a sexual nature committed against, with, or in the presence of a child. Examples include sexual assault, indecent acts, or possession of child abuse material. Any such allegation must be treated as both a criminal and reportable conduct matter.

Sexual Misconduct Committed Against, With or in the Presence of a Child

This is misconduct of a sexual nature. This covers inappropriate sexual behaviour that may not amount to a criminal offence but still breaches professional boundaries. Examples include grooming, sexualised conversations, suggestive comments, or exposure to sexual material.

Physical Violence Against, With or in the Presence of a Child

This involves the use of physical force or threats of force against a child, or in the child’s presence. This includes actual physical violence and apprehended physical violence and must be either intentional or reckless. This type of reportable conduct includes acts such as hitting, shaking, or any form of physical aggression that causes or creates a risk of harm.

Behaviour Causing Significant Emotional or Psychological Harm

This category addresses behaviour that results in significant distress or trauma for a child. There are a broad range of behaviours that can cause significant harm, including one-off events, a series of behaviour and behaviour that is linked to another type of reportable conduct. Examples include bullying, humiliation, intimidation, or sustained verbal abuse by a worker or volunteer.

Significant Neglect

Neglect occurs when a person fails to provide proper care, supervision, or protection to a child in circumstances where they have that duty. Significant neglect is more than a minor oversight but involves a serious failure that places a child’s wellbeing or safety at risk.

The Commission also notes that reportable conduct can occur both inside and outside work settings if there is a connection to the person's role within the organisation.

Why This Matters for Organisations

Building stronger systems for preventing and responding to reportable conduct is not just about protecting children. It also protects your workforce, reputation, and the long-term integrity of your organisation.

Understanding and complying with the RCS is an essential part of responsible
governance. Organisations that take the Scheme seriously are better equipped to:

• Protect children and young people by identifying risks early and responding
  effectively to allegations;
• Promote accountability and trust, showing families, clients and the community
  that child safety is a top priority;
• Maintain compliance with the CCYP’s requirements, avoiding penalties or
  referrals to other regulatory bodies;
• Strengthen internal systems, ensuring clear reporting lines, trained staff, and
  strong investigatory procedures;
• Reinforce the CSS, as both frameworks are designed to work together to build
  safer, more transparent environments;

How Can Safe Space Legal Help?

At Safe Space Legal, we have extensive experience supporting schools, early learning centres and other organisations working with children and young people to ensure they are meeting their child safety obligations.

Safe Space Legal has significant legal and holistic expertise to empower organisations to be child safe. Our services include:

• Supporting organisations and staff to comply with reporting obligations;
• Drafting best practice child safety policies, procedures and codes of conduct;
• Conducting root-cause analyses of critical incidents;
• Providing training on legal obligations, duty of care and child safety;
• Conducting reportable conduct investigations which are compliant with relevant
  state and territory schemes; and
• Providing sound legal advice on risk mitigation and critical incident response.

Contact office@safespacelegal.com.au or call (03) 9124 7321 to organise a
complementary discussion in relation to your organisation’s child safety and
safeguarding needs.