NSW Focus: Changes to the Reportable Conduct Scheme
Has your organisation updated its processes to ensure you will be able to comply with changes to the New South Wales Reportable Conduct Scheme which come into effect on March 1, 2020?
For Religious Bodies, this will be the introduction of a new process as they come into the scheme for the first time, but there are changes for all organisations already in the scheme which will require existing processes to be reviewed and updated. These changes are a result of the new Children’s Guardian Act 2019 which consolidates some powers of the NSW Children’s Guardian into this Act rather than being spread across multiple pieces of legislation (Note: some functions continue in the Child Protection (Working with Children) Act 2012). Amongst other things, it transfers the responsibility for administering the NSW Reportable Conduct Scheme and the Community Visitor scheme from the NSW Ombudsman to the NSW Children’s Guardian.
What should your organisation do?
Your organisation should review your existing (or develop) policies and procedures to ensure that your organisation:
Has a process to identify and classify behaviour which meets the definition of a ‘reportable conduct’ or ‘reportable convictions’
Has a clear understanding of the Act’s definition of an “employee” and has widened the scope of your process to include contractors and subcontractors where necessary
Can comply with the new timeframe for your Head of Entity (such as your CEO) to provide written notice to the Children’s Guardian (shortened to seven business days)
Has a process to carry out an investigation and provide an investigation report to the Children’s Guardian within calendar 30 days, or if the investigation is not complete, an interim report which satisfies the Children’s Guardian’s requirements, and
If your organisation is a Public Authority under The Act, that your process includes conduct which occurs at work for all staff/volunteers and both at work and outside work for staff/volunteers who hold a Working with Children Check for the purpose of their work.
Under the Act, the Office of the Children’s Guardian have the power to review your organisation’s systems to prevent, identify and respond to reportable conduct. The Children’s Guardian may monitor your progress of an investigation, observe interviews, discuss and provide advice/guidance with the organisation or compel the organisation to provide specific documents and records to the Children’s Commissioner. The Children’s Guardian may also investigate a reportable allegation at your organisation themselves or may investigate the way in which your organisation handled/responded to a reportable allegation.
Compliance with the scheme is not optional for organisations which meet the definition of a ‘Relevant Entity’ in the Act and additional organisations will continue to come into the scheme in the future. Financial penalties exist for failing to comply with the requirements of the scheme, which are outlined in the Act. However, penalties will not be enforced for the first three months after the new Act commences on March 1, 2020.
Need Help to ensure your organisation is compliant?
Whether you’re only coming in to the Scheme for the first time on March 1, 2020 or making changes to your existing process, PCA can help ensure your organisation is able to comply with the new requirements.
If you have already updated/drafted your new processes, for a relatively low cost, PCA can review your ‘ready for release’ version and supply a recommendation report to provide external assurance of compliance for your organisation
If you have an existing process which will cease to be compliant on March 1, 2020, PCA can review and update your process and associated forms/documents to provide assurance of continuing your organisation’s compliance with the scheme
If your organisation currently has no process to comply with the scheme, either because you’re coming into the scheme for the first time or due to oversight, your organisation must act immediately to address this. PCA can work with you to develop a process that is compliant with the requirements of the scheme and works for your organisation
PCA is also able to coach your organisation through the process after a reportable allegation has been made or conduct a Critical Incident Review after your organisation has closed out their response to a reportable conduct matter.
Use the Contact Us page to start a conversation with PCA.