Reportable Conduct Scheme

Preventing harm to children by holding organisations accountable for the conduct of their staff.

In WA, the Reportable Conduct Scheme is legislated under the Parliamentary Commissioner Amendment (Reportable Conduct) Act 2022 and requires the head of an organisation to notify the Ombudsman WA of allegations of, or convictions for, child abuse by their employees, volunteers and contractors, and then investigate these notifications.

If you have formed a belief on reasonable grounds that someone who works or volunteers at DLGSC, or is a contractor engaged to undertake child related work, has or may have engaged in reportable conduct at work or outside of work, you are encouraged to notify DLGSC as soon as practicable.

What are reportable conduct behaviours?

Reportable conduct behaviours are:

  • sexual offences (against, with or in the presence of, a child)
  • sexual misconduct (against, with or in the presence of, a child)
  • physical assault (against, with or in the presence of, a child)
  • significant neglect of a child
  • any behaviour that causes significant emotional or psychological harm to a child.
Definitions and further information on the types of behaviours covered under the scheme can be found in the Ombudsman WA Information Sheet 3 — Identifying Reportable Conduct.

What is a belief on reasonable grounds?

A belief on reasonable grounds is more than suspicion. There must be some reasonable basis for the belief, however, it is not the same as having proof. For example, a person is likely to form the belief on reasonable grounds if they:

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

What is a reportable allegation?

A reportable allegation is any information that leads a person to form the belief on reasonable grounds that a DLGSC staff member, volunteer or a contractor engaged to undertake child-related work has engaged in reportable conduct, whether or not the conduct is alleged to have occurred in the course of the employee’s employment.

What is a reportable conviction?

A reportable conviction is an offence of a sexual nature committed against, with, or in the presence of a child. A conviction for an offence committed by a person includes:

  • a court making a finding of guilt in relation to the offence
  • if there has been no formal finding of guilt before conviction, a court convicting the person of the offence
  • a court accepting a plea of guilty from the person in relation to the offence
  • a court acquitting the person following a finding under the Criminal Code section 27 that the person is not guilty on account of unsoundness of mind or an acquittal following an equivalent finding under a law of another State, a Territory or the Commonwealth
  • a conviction that is a spent conviction (but does not include a conviction that is subsequently quashed or set aside by a court).

Detailed information about the Reportable Conduct Scheme.

What happens when you make a report?

All notifications of reportable conduct made to DLGSC will be received by its Human Resources unit. To keep information provided confidential, certain protections are provided.

If a person makes a report of a reportable allegation or reportable conviction acts in good faith, they are protected from liability and the disclosure of information is regulated and limited to certain persons.

Submitting a notification

After submitting a notification, you will receive email confirmation of the submitted report. Upon receipt, Human Resources will review the information and may contact you to clarify or seek further detail.

If the notification reaches the required threshold for reportable conduct, it will be provided to the Ombudsman of Western Australia within 7 working days.

DLGSC will liaise with any relevant parties if a reportable conduct investigation is required. If an investigation is carried out, the Ombudsman of Western Australia will oversee the process and be informed of its outcome. The principles of natural justice (PDF 189 KB) will be maintained throughout the process.

If you have any questions regarding the Reportable Conduct Scheme, or require assistance to complete this form, please review the information provided at Ombudsman WA Reportable Conduct Scheme or contact DLGSC via email: reportableconduct@dlgsc.wa.gov.au

To submit a notification, please complete Reportable Conduct Scheme reporting form.

Reportable Conduct Scheme reporting form

*required fields

 

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Your details

You may be contacted to clarify information or to seek further detail.

Your identity will not be disclosed unnecessarily. It is important to know that your details and the information you provide may be shared in order to progress a notification an investigation.

Preferred contact*
Are you an employee of DLGSC?*

DLGSC is required to treat information about reportable allegations confidentially.

DLGSC's ability to disclose information to you about the response to this allegation may depend on your relationship to the organisation or the individual or the alleged victim.

What is the nature of your employment with DLGSC?*
What is your relationship to the person you are making a report about?*

Consent

Do you consent to DLGSC disclosing your details to the Ombudsman Western Australia?*

Report details

Refer to the Ombudsman WA Definitions Reportable Conduct for the relevant definitions of a sexual offence, sexual misconduct and physical assault. Reportable conduct is behaviour by any employee, volunteer or contractor as defined, regardless of whether they work with children or their behaviour has occurred during work hours or outside of work hours.

Currently, the following behaviour can be considered reportable conduct:

  • a sexual offence as defined
  • sexual misconduct against, with or in the presence of a child
  • a physical assault committed against, with or in the presence of a child
  • significant neglect of a child
  • any behaviour that causes significant emotional or psychological harm to a child.

You can select more than one reportable conduct type, however at least one must be selected.

Reportable conduct type*

(If known or estimated date)

Has the conduct been reported to WA Police?*

(If known)

Have you discussed or reported this matter to anyone else?*

You may be contacted to discuss this in further detail. It is helpful if you can please briefly describe the behaviour including details such as:

  • who is alleged to have demonstrated the behaviour
  • where the behaviour occurred
  • when the behaviour occurred
  • an indication of any witnesses to the behaviour
  • on how many occasions the behaviour is alleged to have occurred
  • who the behaviour was directed towards/who is the recipient of the behaviour
  • what behaviour occurred including what was done and said
  • how you became aware of the behaviour.

Page reviewed 11 November 2024