All employers have a duty of care to take reasonable steps to protect employees, children, vulnerable adults, volunteers, contractors, clients, and others from harm and unsafe practices. For organisations that provide child-related services, or whose workers engage with children and young people, these responsibilities may also include specific obligations under Australian Reportable Conduct Schemes.
Reportable conduct investigations require specialist handling that goes well beyond a standard HR grievance process. At Centium, our specialist reportable conduct team helps safeguarding and HR teams navigate these complex obligations with the rigour and independence they demand.
In broad, practical terms, reportable conduct involves allegations about a worker or volunteer’s conduct towards a child or young person that may need to be notified to an independent oversight body, under the applicable Australian Reportable Conduct Scheme.
Importantly, reportable conduct is not limited to conduct that amounts to a criminal offence. Both the NSW and Victorian schemes make clear that a much broader range of conduct is captured, whether or not a criminal proceeding has been, or ever will be, commenced. Depending on the scheme, reportable conduct can include:
Sexual offences involving a child
Employers have a duty of care to protect children and young people from harm, but they must also respond in a way that meets the requirements of the relevant Reportable Conduct Scheme. A poorly handled response can affect child safety, regulatory compliance, and workplace reputation.
These matters often involve sensitive allegations and in some cases, it can be difficult to ascertain whether the conduct meets the threshold for notification. There can also be flow-on effects for a worker’s ongoing suitability to work with children, including their Working with Children Check. That’s why these investigations need to be handled carefully, with both child safety and procedural fairness front of mind.
Reportable conduct matters often require employers to make careful, well-informed decisions quickly.
The first challenge is determining whether an allegation meets the relevant reporting threshold under the applicable Reportable Conduct Scheme. This can be straightforward where the allegation involves clear physical or sexual misconduct, but becomes more complex where the concern involves psychological harm, coercion, humiliation, neglect, or boundary-crossing behaviour.
Allegations of reportable conduct must be reported to the appropriate authority, if the conduct towards a child or young person fits the definition of reportable conduct. It is not up to the employer to determine whether the matter is sufficiently serious to report.
Employers must also manage strict notification timeframes, differing requirements across Australian jurisdictions, and the potential overlap between a worker's private and professional conduct. For example, NSW requires notification to the Office of the Children’s Guardian within seven business days, while Victoria requires notification within three business days, with further information required within 30 calendar days.
Reportable conduct obligations aren’t confined to the workplace. In some circumstances, conduct in a worker’s private life may still be relevant if it involves a child or young person and indicates a potential risk to children.
This can be difficult for employers to assess. The question is not simply where the conduct occurred, but whether it falls within the relevant Reportable Conduct Scheme and has implications for the worker’s suitability to engage in child-related work.
An independent reportable conduct investigation helps employers respond with confidence. Independent investigation can also help address the real or perceived conflict of interest that may arise when a matter is handled internally, particularly where the allegation involves a senior or long-standing staff member.
A specialist investigator can assess the allegation, gather evidence, speak with relevant witnesses, and consider the matter against the applicable scheme and reporting obligations.
Handled well, an independent investigation supports both child safety and procedural fairness. It gives decision-makers findings that are grounded in evidence, rather than assumption or internal pressure.
Centium’s reportable conduct investigations are handled by specialist investigators with experience in sensitive, child-focused matters. We understand that these investigations must be carefully planned and properly documented.
Our approach is independent and evidence-based. We work with safeguarding, HR, and leadership teams to clarify the allegation and provide clear findings that help employers meet their obligations, protect child safety, and make fair decisions about any further action required.
Does a reportable conduct allegation need to be proven before it is reported?
No. Reportable Conduct Schemes are allegation-based. In NSW, the Office of the Children’s Guardian states that at the allegation stage, there does not need to be proof that the alleged conduct occurred or was likely to have occurred. If the allegation meets the relevant threshold, the matter may need to be notified before the facts are fully established.
Who investigates reportable conduct allegations?
In many cases, the employer or relevant entity is responsible for investigating the allegation, while the relevant oversight body monitors or oversees the process. Because these matters involve child safety, procedural fairness, and regulatory obligations, many organisations engage an independent reportable conduct investigator to support a fair and objective process.
Can conduct outside work be reportable conduct?
Yes, in some circumstances. Conduct in a worker’s private life may still be relevant where it involves a child or young person and indicates a potential risk to children. The key issue is whether the conduct falls within the relevant Reportable Conduct Scheme and affects the worker’s suitability for child-related work.
Can a reportable conduct investigation affect a Working with Children Check?
Yes. Depending on the jurisdiction and outcome, information from a reportable conduct investigation may affect a worker’s ongoing suitability to work with children. In NSW, the Office of the Children’s Guardian states that its Reportable Conduct Directorate may notify the Working with Children Check Directorate of concerns identified during a workplace investigation that are relevant to the person working with children.
