Reportable Conduct Scheme

This page includes descriptions of reportable conduct. Please reach out to support services if needed.

The Reportable Conduct Scheme (the Scheme) requires leaders of specific organisations to:

  • notify the Independent Regulator upon becoming aware of conduct related to child abuse involving an adult worker (this is called reportable conduct), and
  • conduct investigations (they may engage an investigator).

The definition of worker under the Child and Youth Safe Organisations Act 2023 includes paid workers, volunteers and contractors.

The Reportable Conduct Scheme is about ensuring reportable conduct is investigated properly in a child-centred way. This is done through oversight by the Independent Regulator, who must receive:

  • Within three business days: Leaders must report reportable conduct to the Independent Regulator in writing and provide basic details such as the worker’s name. As soon as possible, leaders must start an investigation.
  • Within 30 days: Leaders must provide an update including information about the allegation or conviction, whether any actions have been taken (for example, placing a limit on a worker’s contact with children) and any written submissions.
  • At the end of the investigation: Leaders must provide findings of the investigation, reasons for the findings and details of any actions that have been taken as a result.

You can make the above reports from the Report a concern page.

All reportable concerns must be reported to the Independent Regulator by the leader of the organisation (or their delegate). If the person raising the reportable concern reasonably believes the conduct to have occurred, this is enough for it to be reported. It is not relevant whether the leader of the organisation also holds that reasonable belief.

Leaders must also report any reportable conduct concerns about current workers, even if the alleged conduct is historical in nature.

There should already be processes for investigating concerns such as misconduct or work health and safety matters.

The Independent Regulator has significant investigation and infringement powers if an organisation is found to be non-compliant with the Child and Youth Safe Organisations Framework. For example, the Independent Regulator has the power to request documents and inspect premises without giving notice beforehand.

Reportable Conduct includes both criminal and non-criminal behaviour. Click on the banners below to read more about each type of reportable conduct.

Significant emotional or psychological harm

Emotional or psychological harm means harm to a child’s:

  • wellbeing
  • development
  • or both.

Significant means the harm is more than trivial. It is also important to know that something doesn’t have to have a permanent impact or effect to be considered significant.

Examples of significant emotional or psychological harm include:

  • direct and indirect exposure to domestic and family violence
  • verbal abuse, such as telling a child they are worthless
  • humiliating a child in front of their peers.
Significant neglect

Neglect of a child means the deliberate or reckless failure to meet one or more of that child’s basic needs.

Significant means the neglect is more than trivial or insignificant, but is not required to be deemed serious or to have a lasting permanent effect.

There are several types of neglectful behaviour.

These include:

  • supervisory neglect: for example, leaving a child in a hot car in summer time
  • physical neglect: a child being extremely dirty and suffering a skin condition as a result of poor hygiene
  • educational neglect: preventing a child from attending school for no valid reason
  • emotional neglect: rejecting a child from a family, home, school or other situation for no valid reason.
Physical violence

Physical violence means

  • actual physical violence: the intentional or reckless application of physical force to a person without lawful justification or excuse; or
  • apprehended physical violence: any act which intentionally or recklessly causes a person to apprehend immediate and unlawful violence to the person.

Examples of actual physical violence include hitting, punching, pushing, kicking and spitting.

Examples of apprehending physical violence include words or actions which indicate that physical violence will occur to the child in the future.

Sexual offence and or sexual misconduct

Sexual offences

Sexual offences include:

  • bestiality (given this often co-occurs with sexual abuse of people)
  • penetrative sexual abuse of child or young person
  • person permitting penetrative sexual abuse of child or young person on premises
  • persistent sexual abuse of child or young person
  • indecent act with child or young person
  • procuring child or young person for sexual abuse
  • communications with intent to procure child or young person
  • penetrative sexual abuse of person with mental impairment
  • indecent assault
  • procuring a person for penetrative sexual abuse by threats or fraud
  • involving person under 18 years in production of child exploitation material
  • production of child exploitation material
  • distribution of child exploitation material
  • possession of child exploitation material
  • accessing child exploitation material
  • incest
  • indecency
  • rape
  • inciting to commit crimes
  • attempts to commit crimes
  • accessories after the fact
  • wilfully and obscenely expose one's person in public

Sexual misconduct

When performed in a sexual manner or with a sexual intention, sexual misconduct includes:

  • inappropriate behaviour
  • physical contact
  • voyeurism (which means watching someone or others)
  • speech or other communication, including electronic communication.

Sexual misconduct is conduct that doesn’t meet the acceptable standard of behaviour by a worker or volunteer and is committed in a sexual manner or with sexual intention.

Sexual misconduct may occur in a variety of settings, including in person communication and online communication.

Examples of sexual misconduct include inappropriate comments to a child about an area of their body in a sexual manner and inappropriate touching of a child.

Another example would be intentionally showing a sexually explicit movie to a child for sexual gratification.

Grooming

Grooming means befriending and establishing an emotional connection with a child (and/or the child’s guardian, family or friend or a worker) for the purpose of establishing trust to normalise sexually harmful behaviour or engage in an unlawful act, sexual offence or sexual misconduct against a child.

Grooming occurs in a pattern of manipulative or controlling behaviours. These behaviours can take place in a range of settings.

Examples of grooming behaviour include:

  • isolating a child from their peers to spend time alone
  • befriending a child in person and continuing to communicate with the child online
  • giving gifts, money or alcohol to a child, parent or friend to gain access to a child
  • inappropriate touching of a child, including tickling and play fighting
  • asking a child not to tell anyone about their behaviour.

For the purpose of:

  • establishing trust to normalise sexually harmful behaviour or engage in an unlawful act, sexual offence or sexual misconduct against a child.
  • Grooming behaviour can also be a sexual offence under section 125D of the Criminal Code Act 1924.
  • If you are unsure if an allegation of grooming behaviour is a sexual offence, you should contact Tasmania Police.
Relevant offences such as failing to report child abuse and female genital mutilation.

The definition of reportable conduct includes ‘a relevant offence’ because there are other types of conduct that need to be reported, but don’t easily fit into the other categories.

Under the Reportable Conduct Scheme, a relevant offence is:

  • a sexual offence under the Criminal Code Act 1924
  • failing to report the abuse of a child
  • female genital mutilation
  • inciting to commit a relevant offence(s)
  • attempts to commit a relevant offence(s)
  • accessories after the fact to a relevant offence(s).

Whilst the reporting obligation is on the head of entity, the Independent Regulator can receive voluntary reports from anyone including children, parents and workers. If the head of entity is made aware of a report against a worker in their organisation, they must also report to the Independent Regulator as part of their responsibility under the legislation.

The Reportable Conduct Scheme does not replace other reporting obligations which may include the police (if the alleged conduct is criminal) or the Registration to Work with Vulnerable People scheme.

Seeking help?

We encourage anyone affected by, or with concerns about, child sexual abuse or other types of child abuse to access advice and support.

Tasmania:

  • For information about child wellbeing and safety, contact
    Strong Families, Safe Kids Advice and Referral Line:
    • Phone: 1800 000 123
  • For free and confidential support for people who have been affected by sexual violence, contact the Tasmanian Sexual Assault Support Line (24 hour response state-wide):
    • Phone: 1800 697 877
    • This line is run by the Sexual Assault Support Service in the South, and Laurel House in the North West.
  • For information and support for children, young people and adults affected by family violence, contact
    Family Violence Counselling and Support Service:
    • Phone: 1800 608 122
  • For free and confidential support for people impacted by crime, contact Victims of Crime Service:
    • Phone: 1300 300 238
  • For support for relationships and to live positive lives, contact Relationships Australia Tasmania:
    • Phone: 1300 364 277
  • For culturally appropriate, trauma-informed legal and non-legal services and assistance to Aboriginal and Torres Strait Islander victims/survivors of family violence and sexual assault, contact SIS.
    • Phone: 1800 747 827

National:

  • For domestic, family, and sexual violence counselling and support, contact
    1800RESPECT:
    • Phone: 1800 737 732
  • For short-term support if you are feeling overwhelmed or having difficulty coping or staying safe, contact Lifeline:
    • Phone: 13 11 14
  • For free professional phone and online counselling for anyone affected by suicide living in Australia, contact Suicide Call Back Service:
    • Phone: 1300 659 467
  • For information and support for anxiety, depression and suicide prevention for everyone in Australia, contact Beyond Blue:
    • Phone: 1300 224 636
  • For information and support for anyone who is affected by complex trauma, contact
    Blue Knot Foundation:
    • Phone: 1300 657 380
  • For counselling and support for Australian men, contact MensLine Australia:
    • Phone: 1300 789 978
  • For advice for men about family violence, contact Men's Referral Service:
    • Phone: 1300 766 491
  • For free 24/7, confidential and private counselling service specifically for children and young people aged 5 to 25 years, contact Kids Helpline:
    • Phone: 1800 55 1800
Last updated: 13th December 2023