Which states have a reportable conduct scheme?

Reportable conduct schemes currently operate in New South Wales, Victoria and the Australian Capital Territory, each administered by a dedicated oversight body. Other states and territories are moving toward similar child-safe reporting frameworks.

How quickly must reportable conduct be notified?

Heads of covered entities must notify the relevant oversight body within set timeframes — commonly within 7 days of becoming aware of a reportable allegation — and provide updates on the progress and outcome of any investigation.

Safeguarding guidance

Reportable conduct schemes in Australia

Q: What is reportable conduct?

Reportable conduct generally means allegations or convictions involving harm to a child by an employee of an organisation covered by a reportable conduct scheme. It typically includes sexual offences, sexual misconduct, physical assault, significant emotional or psychological harm, and significant neglect of a child.

Reportable conduct schemes place legal obligations on organisations that work with children to report, investigate and respond to allegations of harm by their workers. This guide explains how the schemes work and what they mean for your organisation.

What is a reportable conduct scheme?

A reportable conduct scheme is a legislated oversight framework that requires certain organisations to report allegations of child abuse and misconduct by their employees — including volunteers and contractors — to an independent oversight body, and to investigate those allegations appropriately.

The schemes exist so that concerns about the safety of children are not handled quietly or internally without scrutiny. They give regulators visibility of patterns of concern across organisations and help ensure investigations are timely, fair and child-focused.

What is reportable conduct?

While each jurisdiction defines it slightly differently, reportable conduct generally covers allegations or findings of:

Sexual offences or sexual misconduct committed against, with or in the presence of a child
Physical assault of a child
Behaviour that causes significant emotional or psychological harm to a child
Significant neglect of a child

Some schemes also capture grooming behaviour, inappropriate relationships that cross professional boundaries, and convictions for relevant offences that occur outside the workplace.

Where do schemes operate, and who oversees them?

Reportable conduct schemes currently operate in New South Wales, Victoria and the Australian Capital Territory. Each scheme is administered by an independent oversight body:

New South Wales — the Office of the Children's Guardian
Victoria — the Commission for Children and Young People
Australian Capital Territory — the ACT Human Rights Commission

Organisations covered by a scheme typically include education and care services, health services, out-of-home care providers, disability services, religious bodies, and clubs or associations with significant child membership. If your organisation operates across multiple states, obligations under each scheme may apply at the same time.

Even in states without a legislated scheme — including Queensland, where Paventia Partners is based — organisations are still expected to meet Child Safe Standards and may face similar reporting expectations through funding agreements, regulators and sector-specific legislation.

Your organisation's obligations

If your organisation is covered by a scheme, the head of the organisation generally must:

Notify the oversight body of reportable allegations within set timeframes — commonly within 7 days of becoming aware
Investigate the allegation, or arrange for it to be investigated, in a fair and timely way
Provide the oversight body with updates and a final report on the investigation's findings and outcomes
Have systems in place to prevent, identify and respond to reportable conduct
Support procedural fairness for employees who are the subject of allegations, while keeping the child's safety paramount

Failing to notify or investigate properly can expose the organisation and its leaders to regulatory action — and, far more importantly, can leave children at ongoing risk.

How a reportable conduct investigation works

A reportable conduct investigation is an administrative investigation. It is not a criminal process, and it applies a different standard of proof — findings are made on the balance of probabilities. A sound investigation will:

Be planned carefully, with clear terms of reference and an assessment of any immediate risks to children
Gather evidence through interviews, documents and other relevant records
Give the subject of the allegation a genuine opportunity to respond (procedural fairness)
Make clear, reasoned findings about whether the conduct occurred and whether it constitutes reportable conduct
Recommend appropriate action, and be reported to the oversight body where required

Where allegations may involve criminal conduct, organisations should contact police before beginning their own investigation so that criminal processes are not compromised.

Need help with reportable conduct?

Paventia Partners supports organisations to build reportable conduct capability — from policies and training through to independent, trauma-informed investigations. Get in touch to discuss how we can help.