Reportable Conduct Scheme Policy PDF

REPORTABLE CONDUCT SCHEME POLICY Our Family Day Care (FDC) Service is committed to the safety, wellbeing, and support of all children in our care. From January 1^st^, 2019, the Reportable Conduct Scheme has been implemented in Victoria. This aims to complement the [Child Safe Standards](https://ccy...

REPORTABLE CONDUCT SCHEME POLICY Our Family Day Care (FDC) Service is committed to the safety, wellbeing, and support of all children in our care. From January 1^st^, 2019, the Reportable Conduct Scheme has been implemented in Victoria. This aims to complement the [Child Safe Standards](https://ccyp.vic.gov.au/child-safe-standards/) and other existing child safety measures and ensure that timely reports are made and investigated should there be allegations against employees, volunteers, or visitors of the Service (**State of Victoria \[Commission for Children and Young People\], 2018)**. [PURPOSE\ ]{.smallcaps}The approved provider, coordinators and FDC educators are committed to identifying possible risk and significant risk of harm to children and young people at the Family Day Care Service. We understand our duty of care to protect children from all types of abuse, including protecting them from potential abuse that could occur within the service by employees, visitors, students or contractors. It is therefore imperative that all staff have a thorough knowledge and understanding of the requirements of the Reportable Conduct Scheme, which seeks to improve the responses of organisations to allegations of child abuse and neglect by their employees or volunteers. [SCOPE\ ]{.smallcaps}This policy applies to the approved provider, coordinator, educators, educator assistants, children, families, and visitors of the FDC Service. DEFINITIONS **Reportable Conduct** There are five types of 'reportable conduct': - Sexual offences committed against, with or in the presence of a child. - Sexual misconduct committed against, with or in the presence of a child. - Physical violence against, with or in the presence of a child. - Any behaviour that causes significant emotional or psychological harm to a child. - Significant neglect of a child. **Head of the organisation** The structure of the organisation will determine the 'head'. In Early Childhood Services this will likely be the Approved Provider, or Chief Executive Officer (CEO) of larger organisations. **Failure to disclose** Under the *Crimes Act 1958* (Vic) all adults must make a report to the Victoria Police if they hold a reasonable belief that a sexual offence has been committed by an adult against a child under the age of 16 years. **Failure to protect** Under the *Crimes Act 1958* (Vic) a person in a position of authority in an organisation must act to reduce or remove a substantial risk to a child under 16 years of age who is under their care or supervision who may become the victim of sexual abuse committed by an adult associated with their organisation. **Mandatory reporters** Professional groups, including early childhood teachers and workers, who are mandated under the *Children, Youth and Families Act 2005* (CYFA) (s. 182) to report a reasonable belief of child physical or sexual abuse to child protection authorities. (Source: Victorian Government: Child Protection Manual). **Reasonable grounds** A belief on reasonable grounds is formed if a reasonable person in the same position would have formed the belief on the same grounds. For example, - a child states they have been physically or sexually abused - a child states they know someone who has been physical or sexually abused (sometimes the child may be talking about themselves) - someone who knows the child states the child has been physically or sexually abused - professional observations of the child's behaviour or development leads the mandated professional to form a belief the child has been abused or is likely to be abused - signs of physical or sexual abuse leads to a belief the child has been abused. **IMPLEMENTATION** **The Head of the organisation must:** - be fully aware of, and knowledgeable about the responsibilities of the head of an organisation, which include all points below - sign up and maintain a subscription for Commission updates in order to maintain current knowledge on Child Protection issues in Victoria (See Resources). - ensure there are systems in place to prevent child abuse (See: *Child Safety and Wellbeing Policy*; *Child Protection Policy, Child Safe Environment Policy*) - ensure allegations are brought to the attention of appropriate persons for investigation and response - ensure that all allegations based on reasonable grounds are reported, including allegations made against employees who do not have direct contact with children, and conduct that allegedly occurred outside of their work - contact 000 if they have immediate safety concerns about a child or young person - Contact the Commission if unclear on whether or not a reportable allegation should be made about a person: Phone **1300 78 29 78** - Email: contact\@ccyp.vic.gov.au - gather the information required to complete the report. *Note: The types of information required can be found in Appendix A.* - notify the Commission **within three business days** of becoming aware of a reportable allegation, using the online forms found at *Note: You are not able to save the form once commenced: It must be completed in one session.* - make a report to Victoria Police as soon as you aware that a reportable allegation may involve criminal conduct (if any reportable allegation involves suspected criminal behaviour, notify both the Victoria police and the Commission) - understand that police investigations take priority over reportable allegation notifications and as such the organisation's investigation may need to be deferred until the police investigation has been completed - provide the Commission with details of who is conducting the investigation - begin an investigation using the CCYP Investigation Guide (see Resources) - manage risks to children whilst undertaking the investigation - maintain detailed and objective notes on all aspects of the investigation - provide the Commission with updates on the organisation's response to the allegation via the online forms - assess the evidence and make a decision based on the strength of the evidence as to whether or not the Reportable Conduct occurred - provide the Commission with detailed information on the reportable allegation and any action taken **within thirty calendar days** of the initial notification via the online forms. This should include (Source: CCYP Information sheet 8: Investigation findings.): The findings: - ***Substantiated** -* This finding should be used when a decision maker has decided that the reportable conduct has been proven to have happened on the balance of probabilities. **The evidence suggests it is more likely than not that the reportable conduct happened because there is enough reliable, convincing, evidence of weight.** - ***Unsubstantiated - insufficient evidence*** - This finding should be used when there was some evidence of weight to support the allegation, but not enough for the decision maker to make a substantiated finding. **The evidence does not suggest that it is more likely than not that the reportable conduct happened.** - ***Unsubstantiated - lack of evidence of weight*** - This finding should be used when there is not enough evidence to properly investigate the allegation, or the small amount of evidence available is contradictory or confusing. **There is not enough evidence to establish whether the reportable conduct did, or did not happen.** - ***Unfounded** -* This finding should be used when there is strong evidence that the reportable conduct did not happen. **The evidence suggests that it is more likely than not that the reportable conduct did not happen.** - ***Conduct outside scheme** -* This finding should be used when the decision maker has investigated the conduct and, although the conduct occurred, **it does not fit any of the types of reportable conduct listed in the Act.** An example of this might be slapping a child's hand away from a hot stove. - How the investigation was done. - The evidence that was collected and how it was assessed. - Whether the evidence was relevant and reliable. - How the evidence supported or contradicted the allegation of Reportable Conduct. - How convincing the evidence was in all of the circumstances. - Seek help from the Commission if there are any concerns or guidance is required: Phone: 1300 78 29 78 - Understand that the Reportable Conduct Scheme does not replace the legal requirement to report allegations to the Victoria Police. **THE APPROVED PROVIDER/MANAGEMENT AND COORDINATORS WILL ENSURE:** - a robust recruitment process is implemented with effective pre-employment screening including at least 2 reference checks (if possible), WWCC and where applicable National Police criminal history checks - induction includes relevant information on child safe practices adhering to the new Child Safe Standards, Code of Conduct, strategies that identify, assess and minimise risks to children and mandatory reporting procedures - new employees (including the nominated supervisor and staff members), engaged FDC educators, students and volunteers are to familiarise themselves with the Child Protection Policy to understand the Child Protection Law and their obligations and mandatory reporting duties to ensure the safety and well-being of children at the FDC service - that they, and all employees and engaged educators have an in-depth understanding of the Reportable Conduct Scheme and how to notify reportable conduct - all employees and educators are aware of who holds the position of 'head of organisation' - there are systems in place to prevent child abuse - that they, and all educators maintain a current Working with Children Check - all student and volunteer WWCCs are verified prior to placement. Any visitor who has direct contact with children will be required to provide a WWCC for verification prior to coming into contact with children (*best practice*). The approved provider will keep a record for each day a student or volunteer participates in the service including date and hours of participation - that they, and all educators follow policies and procedures concerning Child Protection, Child Safe Environments, Child Safety and Wellbeing -- including the [New Child Safe Standards](https://ccyp.vic.gov.au/child-safe-standards/new-child-safe-standards-now-apply/) for Victoria and Reportable Conduct - allegations are immediately brought to the attention of the Head of the organisation - that they will notify the Commission of any alleged Reportable Conduct if the Head of the organisation fails to do so for any reason - educators employ '*active supervision'* strategies at all times - visitors, students are never left with children unsupervised **FAMILY DAY CARE EDUCATORS WILL ENSURE:** - that they have a thorough understanding of their duty of care in relation to Child Protection - that they maintain a current Working with Children Check (WWCC) - that they have an in-depth understanding of the Reportable Conduct Scheme and how to notify Reportable Conduct - they have a thorough understanding, and follow all policies and procedures concerning Child Protection, the new Child Safe Standards, and Reportable Conduct - all allegations are immediately brought to the attention of the Head of the organisation and/or the Nominated Supervisor and/or Responsible Person - they contact 000 if they have any immediate safety concerns about a child or young person - that they will notify the Commission of any alleged Reportable Conduct if the Head of the organisation and/or the Nominated Supervisor and/or Responsible Person fails to do so for any reason - that they understand that failure to comply with the Reportable Conduct Scheme requirements may lead to their Working with Children Check being revoked - they are always actively supervising children whilst providing education and care in their residence or approved venue - to keep a record of all visitors to the FDC residence or approved venue - visitors and/or students are never left alone with a child whilst at the service under any circumstance.