The ACT’s Reportable Conduct Scheme – The role of the Employer in the investigation process

If the reportable conduct scheme applies to your organisation in the ACT, you have a mandatory obligation to respond to reportable allegations.

Below we have listed the key tasks of the Employer who receives a reportable allegation under the ACT’s Reportable Conduct Scheme. This list is provided for general guidance only and as the scheme and case law develops this list is likely to change.

The obligations set out below rest with the “head” of the organisation as per section 17 of the Ombudsman Act 1989 (ACT).

Initial steps

  • Immediate assessment and immediate action
  • Remove child from risk of danger
  • Report allegations – section 17J Report
  • Include the investigation plan (if applicable)
  • Include risk management plan
  • Speak with the authorities
  • Consider competing investigations and how you will proceed
  • Advise parents/carers and the employee of allegation
  • Consider if an investigation is required
  • Document decisions and actions

Investigation process

  • Set the scope of the investigation and finalise instructions to Investigator
  • Appoint an appropriate independent investigator
  • Receive Investigator’s report with preliminary findings
  • Put preliminary findings to the employee
  • Allow employee time to respond to preliminary findings
  • Have the Investigator finalise findings
  • Ongoing risk management throughout the investigation process
  • Document decisions and actions

Post investigation

  • Communicate findings to relevant parties
  • Consider and impose sanctions (if any)
  • Lodge Report – section 17J Final report to ACT Ombudsman
  • Receive feedback from the ACT Ombudsman
  • Consider and implement recommendations from Report and/or ACT Ombudsman
  • Advise the Board/comply with internal reporting obligations
  • Review policies, procedures and risk management
  • Ongoing education and training obligations
  • Document decisions and actions

If you require any assistance in ensuring your organisation complies with the Scheme, we can assist with:

  • policy and procedure development
  • risk management
  • template documents
  • staff and volunteer training
  • investigations

If you would like further information or guidance, please contact Claire Carton or Shannon Say at (02) 6198 3100.

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