Reportable Conduct Scheme Policy

1. Purpose
   1. The ACT Reportable Conduct Scheme (the Scheme) is an employment-based child protection measure designed to ensure allegations and convictions against employees, related to abuse and misconduct against children, are identified and acted on appropriately.
   2. The safety, welfare and wellbeing of students is paramount to the work of the Education Directorate. This policy outlines the Education Directorate’s responsibilities as a ‘designated entity’ and commitment to ensuring child safety under the Scheme.
   3. This policy establishes a mandatory process for all staff to understand and meet their responsibilities under the Scheme.
2. Policy Statement
   1. This policy outlines the responsibilities of all Education Directorate employees within the Scheme.
3. Scope
   1. This policy applies to all Education Directorate employees in ACT Public Schools and the Education Support Office.
   2. For the purposes of the Scheme and this policy, a Directorate employee will also include:
      • pre-service teachers and trainees who are providing services to children,
      • contractors engaged by the school or Directorate, and
      • volunteers and other people engaged by the school or Directorate with or without payment.
4. Context
   1. This policy operates in accordance with the Scheme as defined in Section 17E of the Ombudsman Act 1989. The Scheme will, through the provisions of oversight, build on the capacity of organisations in the ACT to respond appropriately and effectively to allegations of abuse, mistreatment, or neglect of children in their care, and will be a key feature of child-safe organisations.
   2. The Scheme’s primary purpose is to provide oversight of reportable conduct inquiries into employee conduct when a child’s safety or wellbeing is at risk. Additionally, providing an additional level of monitoring, and enhancing public confidence in the outcomes of the Directorate’s inquiries.
   3. The Education Directorate, as a ‘designated entity’, has the following responsibilities under the Scheme:
      • notify the Ombudsman about any reportable conduct allegations or convictions involving an employee as soon as possible and within 30 days,
      • conduct inquiries into all allegations of reportable conduct and provide a final report to the Ombudsman,
      • report to other entities as required, and
      • develop and update policies and procedures reflecting these responsibilities to inform and support all staff.
   4. The policy must be read in conjunction with the Reportable Conduct Scheme Procedures. The implementation documents, identified in section 9.3, will also support all staff in understanding their responsibilities under the Scheme.
5. Responsibilities
   1. Director-General: The Director-General is responsible for notifying the ACT Ombudsman of any allegation of reportable conduct or convictions involving an employee within 30 days from when the Directorate has been made aware of a reportable conduct allegation or conviction. This responsibility is facilitated by the People and Performance Branch.
   2. Principal and Managers: All principals and managers are responsible for reporting any allegation of reportable conduct or convictions involving an employee as soon as possible to the People and Performance Branch. Principals and Managers will also undertake further enquiries to inform the final report to the ACT Ombudsman.
   3. Directorate Employees: All employees, as identified in section 3 of this policy, are responsible for complying with this policy, specifically in reporting an allegation of reportable conduct or convictions involving an employee to their principal or manager as soon as possible after becoming aware of the allegation or conviction.
   4. Policy Owner: People and Performance Bran.ch is responsible for this policy.
6. Monitoring and Review
   1. The People and Performance Branch is responsible for keeping the policy up to date. A full review of the policy will be conducted within a three-year period.
7. Contact
   1. For assistance and/or information contact People and Performance, People Cases Team (02) 6207 9772 or Email edu.peoplecases@act.gov.au
8. Feedback
   1. Any concerns about the application of this policy or the policy itself, should be raised with:
      • the school principal in the first instance;
      • the Directorate’s Feedback and Complaints team via the Education Directorate Contact Form;
      • See also the Complaints Policy on the Directorate’s website.
9. References
   1. Definitions
      • Designated Entity: organisations covered by the Scheme.
      • Employee: a person who is employed by the school or Directorate on a full -time, part time, permanent, temporary, casual or contract basis and those persons identified as employees in section 3.2 of this policy.
      • Pre-service teacher: a person undertaking tertiary study for a teaching qualification.
      • Trainee: a person contracted through a third party to provide services to children as part of their training for a qualification.
      • Volunteer: a person who supports the delivery of educational programs in schools either through direct contact with students or through school activities without financial gain or reward. They may volunteer either directly to a school as individuals or through the auspices of a community or other organisation.
   2. Legislation
      • Children and Young People Act 2008
      • Ombudsman Act 1989
      • Public Sector Management Act 1994
   3. Implementation Documents
      • ACT Ombudsman Reportable Conduct Scheme
      • EDU Code of Conduct Teachers, School Leaders and Principals
      • EDU Code of Conduct School Based Officers
   4. Related Policies and Information
      • Child Protection and Reporting Child Abuse and Neglect Policy
      • Safe and Supportive Schools Policy
      • Incident and Emergency Management Policy
      • Working with Children and Young People - Volunteer and Visitors in Schools Policy

00039 is the unique identifier of this document. It is the responsibility of the user to verify that this is the current and complete version of the document, available on the Directorate’s website at http://www.education.act.gov.au/publications_and_policies/school_and_corporate_policies/A-Z/.