Stage 3: Finalising a reportable conduct matter

Responsibilities once an investigation is complete include:

• Investigating: Finalise your investigation
• Managing risk: Conduct a final risk assessment
• Reporting: Submit your final report to us.

Investigating: Finalise your investigation

When an investigation is concluded, an organisation must prepare a final report, implement any outcomes as a result of the findings, and engage with our oversight process.

Assess the evidence

When reviewing evidence, decisions must be made in a fair and reasonable way. More weight should be given to evidence that is clear, consistent and supported by other information, and findings should not be based on rumours or suspicions.

When deciding how much importance to give evidence, consider:

• reliability and consistency – does other evidence support or contradict it?
• credibility – does it make sense when viewed alongside all the information?
• source of the evidence – is it objective (for example, CCTV) or based on opinion or hearsay?
• fairness – has the person involved been given a proper chance to respond to the evidence?

Make a finding

The outcome for each allegation must be clearly explained on the basis of the evidence. Investigation findings should use the “balance of probabilities” test, which is whether it is more likely than not that the conduct occurred. This is a lower standard of proof that is required in criminal cases and reportable conduct investigation findings do not need proof beyond reasonable doubt; however, the more serious the allegation, the stronger evidence needed to make a finding.

There are four possible findings in a reportable conduct investigation:

• substantiated: there is enough evidence to show it is more likely than not the conduct occurred
• unsubstantiated: the evidence suggests the conduct is more likely than not did not occur\
• no outcome: in rare cases, the allegation can’t be substantiated or unsubstantiated (for example, very old allegations where evidence cannot be found, despite reasonable efforts being made)
• conduct outside the scheme: something happened, but it does not meet the definition of reportable conduct under the law (for example the young person was not aged 17 or younger or the conduct doesn’t meet the threshold to be considered reportable).

Submit a final report

A final report needs to be provided to us as soon as possible after the investigation is completed. All outcomes need to be reported to us, even when the finding is unsubstantiated, there is no outcome or it is determined to be conduct outside of the scheme.

Final reports allow us to carry out our oversight functions and ensure matters have been handled appropriately. We will document the outcome and may review the investigation and risk management undertaken by the organisation.

Final reports should clearly explain how an investigation was conducted, show that fair findings were made on the evidence, and be written so that anyone can understand what was done and how conclusions were reached.

Implement any actions

Once the investigation is finished and the final report is completed, organisations should act quickly to implement any actions recommended by the findings. These could include:

• ongoing support for affected children, young people, families and workers
• system or practice improvements, such as updating policies, improving supervision, making any changes to the physical or online environments, improving reporting pathways, and cultural safety
• employment actions including disciplinary actions, training, changing of duties or terminating employment
• notifying sector regulators, Blue Card Services or professional registration bodies, where required.

Communicate the outcome

Communicating outcomes from an investigation should be handled carefully to balance openness, privacy, and safety. The head of the organisation:

• may inform the child or their parent or guardian about the progress and outcomes of the investigation
• must inform the worker of the findings and any employment or disciplinary consequences
• may notify relevant staff about changes to practice, supervision or procedures.

Finalise records

Organisations must keep clear and secure records, including:

• the full investigation file
• the final report
• decisions and actions taken
• communications and notifications
• safety plans and risk assessments.

These records may be needed later for reviews, audits, or legal purposes.

Demonstrate continuous improvement

Investigation findings should be used to improve safety and prevent future harm. This connects to the Child Safe Standards, which all organisations that need to comply with the Reportable Conduct Scheme also need to implement, particularly Standard 9.

Organisations should:

• review what caused or contributed to the issue
• update policies, training, supervision, and environments
• improve safeguarding practices
• strengthen reporting processes
• improve staff skills and knowledge
• check whether changes have reduced risks.

Managing risk: Conduct a final risk assessment

After the investigation is finished, a final risk assessment must be completed. This helps decide what actions the head of the organisation should take.

The assessment should look at:

• the child or children and their family, including any need for counselling, ongoing support, or future contact with the worker
• the worker, including any support, training, or disciplinary action needed
• the organisation’s culture and expectations, especially how children’s safety and wellbeing are understood and promoted
• systems and processes, including any gaps or work practices that led to the issue or delayed earlier detection
• policies and procedures, and whether they need to be improved.

The final report provided to us once an investigation has concluded must include:

• the actions taken in response to the allegation or conviction
• any steps taken to stop the worker from having contact with children or young people
• any disciplinary action taken or planned.  

To help reduce risks into the future, we may also direct the organisation to review itself against the Child Safe Standards.

Reporting: Submit your final report to us

When a reportable conduct investigation has been finalised, there are several steps an organisation must take to meet its obligation under the Act. Making a final report to us is one of these steps. Organisations must also implement any outcomes, engage with our oversight process, and conduct a final risk assessment.

Final reports must be provided to us as soon as practicable after the investigation is completed.

What it should include

A final report should clearly explain how the investigation was conducted and show that the findings are fair and based on the evidence. It should be written so anyone can understand what was done, what evidence was considered, and how any findings were reached.

The Act specifies the minimum requirements for a final report. Each reportable allegation or conviction should be clearly identified and described, and for each allegation or conviction the report must include:

• the definitions applied and the scope of the investigation
• the findings made, with written reasoning
• a clear analysis of the evidence
• copies of any documents relied upon in making the finding – for example, witness statements or submissions.

The report must also detail:

• whether other organisations have been involved, or had the matter referred to them during the investigation
• what risk management activities were undertaken throughout the investigation, and if any disciplinary action was taken
• any actions already taken or proposed to be taken, as a result of the investigation, to strengthen the organisation’s safeguarding practices and implementation of the Child Safe Standards, or ability to report and investigate any future matters.

How to report

We will accept final reports in any format provided they contain the information required under the Act. This means reporting entities can use reporting templates that may be required under other reporting obligations or arrangements. Final reports will be able to be submitted to us online, via email, post or in person. We will have report templates available for you to use and you will be able to submit final reports to us via our website.

Who else to report to

While the Act does not specify additional reports under the Reportable Conduct Scheme on completion of an investigation and final report, organisations may be separately required to make notifications to other regulators, professional registration bodies, or Blue Card Services as a result of the investigation’s findings. Ensuring these notifications are made as required are the responsibility of the head of the organisation.

What to expect from us

After a final report has been submitted, we will assess it to ensure:

• the investigation process was thorough, impartial and properly documented
• procedural fairness requirements were met
• findings and conclusions are supported by evidence
• the investigation was thorough and evidence-based
• children’s safety was prioritised
• risks were identified and managed appropriately
• the reporting entity has taken or proposed reasonable actions to prevent recurrence.

As a result of this we might request more information, commence our own investigation, provide advice and recommended actions to improve the organisation’s safeguarding practice or capability to investigate future reports. The outcomes may also trigger an assessment of an organisation’s Child Safe Standards.

We will also use insights from investigations to inform prevention and capability building strategies across sectors.