Under the Reportable Conduct Scheme, the head of an organisation subject to the scheme has explicit legal obligations to ensure any concerns are taken seriously, reported and investigated.
Find out more about reporting requirements
Find out more about managing risk
Detailed guidance on investigations process is available in our Guide to Queensland's Reportable Conduct Scheme.
Step by step: when does an investigation need to occur?
An investigation is required to be undertaken as soon as practicable after the matter has been notified to us.
Find out more about what is required and when:
Roles in an investigation
This information is summarised from our Guide to Queensland's Reportable Conduct Scheme, which should be referred to for more detailed guidance on investigations processes.
Role of the investigator
The person conducting the investigation is referred to as an investigator regardless of their role title, qualifications or level of seniority. In a reportable conduct matter, the investigator’s role is to:
- gather all relevant information about the allegation or conviction
- assess the evidence to work out what happened
- make findings based on the facts.
In some cases, the investigator may also be responsible for ensuring an investigation report is prepared. This is the responsibility of the head of an organisation but can be delegated to the investigator or another appropriate person.
Role of the organisation
Organisations managing reportable conduct concerns have responsibilities that belong to the head of the organisation. They are legally responsible for ensuring the organisation:
- conducts an investigation, unless directed otherwise by the Queensland Police Service (or engages an external investigator to investigate if the organisation lacks the capacity or expertise)
- manages risks to children throughout the process and monitors safety plans to ensure this happens
- ensures procedural fairness is provided to the worker under investigation
- keeps accurate records of the investigation including evidence, decisions and outcomes
- submits all required reports to us within the legislated timeframes
- implements any changes or improvements identified as part of the investigation’s outcome.
If a reportable conduct concern involves suspected criminal conduct, organisations must report it to police immediately and follow their direction about the investigation. In some cases this may relate to whether or not an investigation is carried out by the organisation, how evidence is protected and dealt with, and how to avoid compromising a police investigation.
Role of the Commission
We hold several responsibilities as the regulator of the Reportable Conduct Scheme. These include:
- receiving reports
- monitoring investigations and conducting our own where appropriate and necessary
- assessing investigation reports for quality as well as outcomes
- facilitating information access and exchange with reporting organisations, Blue Card, police, sector regulators and interstate bodies where applicable.
Role of sector regulators
Depending on your organisation, you may need to notify your sector regulator about a reportable conduct concern. In some cases, sector regulators may run a concurrent investigation into specific aspects of the matter, which overlap with reportable conduct but are carried out under the regulator’s own legislation and powers. If a sector regulator is involved in a reportable conduct concern, their role may be to:
- investigate whether a worker or organisation has met professional, licensing or accreditation requirements
- request documents or evidence from the organisation, where they have the legal authority to do so
- direct organisations to take steps to reduce risks, fix issues, and meet required standards – for example, changes to policies, practices or governance
- review how an organisation has handled reportable allegations or convictions to make sure it meets sector requirements and child safety obligations
- share information lawfully with us and work together to ensure investigations are handled properly and risks to children are managed
- coordinate with us and other regulators to avoid duplication or conflict, while still meeting their legal responsibilities.
Role of the Queensland Police Service
The QPS investigates alleged criminal offences. Organisations that receive a reportable conduct allegation and suspect criminal conduct must report it to police immediately. The role of QPS when this occurs is to:
- determine whether the reported behaviour may be a criminal offence
- tell the organisation what they can and cannot do in the investigation
- interview children, witnesses and the worker involved
- make decisions about charges and the criminal process.
