Stage 1: within 3 business days

Responsibilities begin immediately on receiving an allegation.

If assessed as being a reportable allegation or conviction, the head of the organisation is responsible for ensuring the following occur within 3 business days of becoming aware of the concern:

• Managing risk: Conduct an immediate risk assessment and take action
• Reporting: Submit your initial report to us.

Assess the allegation

When an allegation or report is received, the head of the organisation must decide if it is a reportable allegation.

To do this, they should consider:

• Does the behaviour fit one of the six types of reportable conduct?
• Is it more than a minor mistake, reasonable action, or trivial issue?
• Could it cause harm if it happens again or is not addressed?
• Would a reasonable person think it should be investigated?
• Is there a pattern of behaviour? Even if single incidents seem minor, repeated behaviour may meet the threshold of reportable conduct
• Could the behaviour be criminal, or is there a suspicion of a crime?

The head of the organisation also needs to determine how many incidents are involved. A report may include more than one incident of behaviour that need to be looked at together, not separately.

If the behaviour is criminal, or is suspected to be criminal, it must be reported to the Queensland Police Service (QPS) immediately.

Managing risk: Immediate risk assessment and action

When a reportable allegation or conviction is received, the head of the organisation must quickly review all available information to identify any risks to:

• the safety of the child or children involved
• other children or young people
• families or carers
• adult witnesses
• the worker
• other investigations (such as by police or sector regulators)
• digital or information risks (for example, access to systems or databases).

Any actions taken to manage these immediate risks must be reported to us as part of the initial report.

At this stage, the organisation should also consider whether it needs to work with the police (QPS). If needed, they should check with the police or another relevant body to make sure that any internal investigation does not interfere with an external investigation.

Things to consider in the initial risk assessment

When carrying out an initial risk assessment, think about:

• how serious the allegation is
• how the worker has contact with children (in person, online or through relationships)
• whether there are past concerns or signs of ongoing behaviour
• the work environment, such as how closely staff are supervised
• how vulnerable the child or children may be (for example, age, disability, cultural needs or past trauma)
• any advice from police, especially about protecting evidence
• human rights considerations.

Immediate actions to manage risk

Actions to reduce risk straight away may include:

• increasing supervision
• changing the worker’s duties or location
• removing access to systems, personal information, CCTV or records
• limiting contact with staff, families or witnesses
• suspending the worker (if appropriate to the level of risk)
• securing evidence (such as records, CCTV or devices)
• notifying regulators or police
• reporting concerns to Child Safety if there is a reasonable belief a child has been harmed or is at risk and does not have a parent able to protect them.

Protecting children and families

Risk management should always focus on the safety and wellbeing of children and young people. Organisations should:

• support families and carers
• reduce any further risk to children
• keep parents or carers informed during the process, unless this could increase risk or affect an investigation
• communicate in a trauma-informed way (recognising trauma and avoiding further harm)
• consider cultural safety and accessibility needs
• take into account risks related to family or domestic violence
• involve police quickly if criminal behaviour is suspected.

Protecting the worker

Organisations should consider:

• offering appropriate support to the worker, such as counselling or a support person
• deciding whether the worker should stay in their role, move to another role, or be suspended, based on the seriousness of the allegation
• clearly setting out the duties the worker can perform and how any risks will be monitored if they remain at work.

The worker’s privacy must be protected. Information should only be shared with people who need to know, and they must keep it confidential.

Reporting: Submit your initial report to us

The initial report gives us early visibility of the matter and helps us to assess risk and determine an appropriate level of oversight.

What it should include

Under the Act, initial notifications must be made within 3 business days. The Act also specifies the minimum requirements for initial notifications and the information they must include. It should include the following details:

The allegation or conviction

• description of the allegation or conviction, including dates, times, locations and circumstances
• the type/s of reportable conduct involved, noting the incident being reported can include more than one type
• whether it occurred within or outside the organisation making the report
• when the notifier became aware of the allegation or conviction.

The worker

• their name, date of birth if known, and any other names they may be known by
• their role, duties and level of contact with children
• whether they currently work for the notifier, and if there are any other organisations the notifier is aware they are involved with
• their Blue Card or exemption notice number if known.

The reporting entity

• contact details for the organisation
• the name of the head of the entity and any authorised delegate/s
• the type of organisation, to help determine if it is in scope for the Reportable Conduct Scheme.  

Immediate risk management

• steps taken to safeguard children and others while an investigation is conducted, if the allegation is about a current worker (for example, changes to supervision, duties or access)
• any disciplinary or administrative action taken or proposed.

Who else has been notified

• any reports or notifications made, either mandatory or non-mandatory, to police, other regulators or other organisations.

How to notify us

Who else to notify

The Reportable Conduct Scheme does not replace other reporting requirements already in place. Organisations should look at how reportable conduct scheme reporting requirements can be built into existing reporting processes.

Police

If the allegation involves, or may involve, a criminal offence, it must be reported immediately to police.

Although police investigations always take priority, they do not remove the obligation under the Reportable Conduct Scheme to report to us, manage risk, and investigate reportable conduct.

Police involvement includes:

• determining whether the alleged conduct may be a criminal offence
• providing direction on how to avoid compromising a criminal investigation – for example, prematurely interviewing key witnesses or not adequately preserving evidence
• advising whether internal investigation processes can proceed – some aspects may need to be paused until police provide clearance
• working with the Commission to coordinate processes – including sharing information, and helping determine systemic risks or oversight needs
• ensuring children’s safety is a priority – including assistance where urgent intervention is needed to protect children and young people.

Other regulators

Some sector regulators have their own reporting requirements that organisations will still need to follow. This could include:

• providing guidance or advice – for example, on risk assessment appropriate for the sector or organisation, or professional behaviour standards
• receiving parallel notifications – for example, regulators such as the NDIS Quality and Safeguards Commission, Early Childhood Regulatory Authority, the Queensland College of Teachers or Office of the Health Ombudsman may also need to be notified about the same matter
• requesting additional information – some regulators may ask for extra information to fulfil their own statutory functions and obligations. 

It is the responsibility of the head of a reporting entity to fulfil all legal reporting obligations.

What to expect from us

When receiving notifications of reportable conduct matters, we will:

• assess immediate risks
• identify high-risk matters early, triage those requiring rapid oversight, and assess whether the reporting organisation is an appropriate boy to conduct the investigation
• share information with prescribed entities – for example, Blue Card or other regulators
• track trends and systemic issues across sectors and identify where additional support or intervention may be needed.