How to report

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
• what type/s of reportable conduct are involved
• 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 or other regulators.

The Reportable Conduct Scheme does not replace other reporting mechanisms 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 notify the Commission, 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 Early Childhood Regulatory Authority, NDIS Quality and Safeguards Commission, 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.

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.

If an investigation is not finished and an organisation cannot provide a final report within 30 business days, an interim report needs to be provided.

As with initial notifications, the Act specifies the minimum requirements for information to be included in interim reports to the Commission.

Interim reports should include as much detail as possible about:

• the allegation or conviction – include a factual description of the allegation along with any further detail that has been provided or determined since the initial notification
• actions taken – include any actions taken, particularly any to assess and manage the risk to children and young people
• evidence from the worker – if the worker has made any submissions to the organisation, these must be provided to the Commission in the interim report.

We will accept interim 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. Interim reports will be able to be submitted to the Commission online or via email. We will also have report templates available for you to use and you will be able to submit interim reports to us via our website.

The provision of an interim report in isolation does not require a reportable conduct matter to be reported elsewhere, but organisations should ensure that any existing reporting requirements for other schemes or purposes are adhered to. Any criminal matters uncovered at any stage during a reportable conduct investigation should be reported to police immediately.

We oversee the quality and fairness of reportable conduct investigations. This means that in response to the information contained in interim reports, we may:

• review investigation plans and risk management decisions
• ask for additional information or updates
• ensure that investigations progress with procedural fairness and within reasonable timeframes.  

This may result in more frequent information requests, meetings with senior leaders of reporting entities, or requiring entities to adjust their investigation approach.

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.

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 the Commission online or via email. We will have report templates available for you to use and you will be able to submit final reports to us via our website.

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.

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 and cultural safety were 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.