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.

Any suspected reportable conduct must be reported to the Independent Regulator by the leader of the organisation (or their delegate). If the person raising the reportable concern reasonably suspects 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 suspicion.

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.

Grooming

Grooming refers to behaviours that manipulate and control a child or young person for the purpose of eventually sexually abusing them. Trusted adults, friends, parents and workers in an organisation can also be groomed by a perpetrator to access and abuse a child or young person.

Grooming includes the ways a person who intends to sexually abuse a child or young person will:

gain access to the child or young person
create the conditions for the abuse to happen
ensure they won’t get caught.

Grooming behaviours can be difficult to identify and don’t necessarily ‘look’ explicitly sexual, directly abusive, or criminal.In these cases, the main difference between acceptable behaviours and grooming behaviours is the motivation of the perpetrator to ultimately abuse the child or young person.

What it might look like

befriending a child or young person in person and continuing to communicate with them online
bribing, complimenting, or rewarding the child or young person to build a ‘special’ relationship with them
building trust by giving the child or young person special attention or gifts
building a relationship with the caregivers of the child or young person to establish trust
inappropriate touching of a child or young person, including tickling and play fighting
asking a child or young person not to tell anyone about their behaviour
inappropriately allowing a child or young person to overstep boundaries.

Grooming may involve additional behaviours, and can be perpetrated by strangers, or someone the child or young person knows and trusts.

Where does it happen?

in person
online
a combination of both.

These behaviours include finding ways to

spend time alone with the child or young person
create a special relationship with the child or young person, their caregivers, or other trusted adults
isolate the child or young person from their peers and the adults in their lives
make the child or young person feel responsible for the abuse they are experiencing
exert power and control over the child or young person to make them feel dependent on the abuser and feel they cannot speak out against the abuse.

Online grooming

This is the process of establishing and building a relationship with a child or young person while online to facilitate sexual abuse or other forms of exploitation that is either:

physical (in person)
or online.

What are the signs to look for?

Signs that a child or young person is experiencing or has experienced grooming may include, but are not limited to:

changes in behaviour
being in possession of unexplained gifts
being secretive.

“(Abusers) usually are charismatic. They usually are well-liked; they usually are in high positions of power that can't be challenged. That’s why we need to shift the way people think about child sexual abuse, because it’s often not ‘a creepy guy in a dark alley’ who is a stranger.”

- From a victim-survivor of child sexual abuse in a Tasmanian institution

Myth	Fact
Only the child or young person themselves can be groomed by the perpetrator.	Trusted adults, friends, and other workers in an organisations can also be groomed by a perpetrator.
A child or young person always knows when they are being groomed.	A child or young person may not realise they are being groomed. The abuser may make the child or young person believe they are in a special or caring relationship to make the child or young person less likely to tell someone about the abuse.
Grooming is well understood by the community.	Research tells us that more education is needed to make sure people understand what grooming is. For example, a national study, conducted in 2021 found 10% of people who responded, were either uncertain or didn’t believe that an adult manipulating a child or teenager into sending an explicit photo of themselves, is grooming or abuse/exploitation.
Providing appropriate sexuality and gender diversity education material and support services, with the intention of supporting a child or young person, is grooming.	Providing appropriate sexuality and gender diversity education material and support services, with the intention of supporting a child or young person, is not grooming. Grooming is conduct committed with the ultimate aim of abusing a child or young person. You can find out more about supporting and empowering LGBTIQA+ children and young people through online resources such as the Department for Education, Children and Young People’s LGBTIQA+ equality in Tasmanian government schools resources.

Resources

Resource link	Description
TedX - To stop abuse, we first need to understand grooming - Grace Tame	This 20-minute video is about the tactics used by perpetrators of abuse.
NSW Office of the Children's Guardian - About grooming - Information for child-related organisations video	This is a four-minute video developed by the Office of the Children’s Guardian to help people learn about what grooming can look like.

Physical violence

Physical violence is a type of reportable conduct under the Reportable Conduct Scheme.

This includes both actual and apprehended physical violence.

What is actual physical violence?

Actual physical violence is the intentional or reckless application of physical force to a person without lawful justification or excuse.

Examples of actual physical violence include:

hitting
striking
punching
pushing
kicking
spitting
dragging
using an object to hit or strike
using restraint or excessive force that is inappropriate to the situation.

What ‘counts’ as lawful excuse?

Lawful excuse may also include physical force that would usually amount to physical violence, but was reasonably applied to protect a child or young person from harming themselves or others, or causing damage to property.

By ‘reasonably applied’, we mean force that is appropriate and no more excessive than it needs to be in the circumstances.

Where lawful excuse can be demonstrated, the behaviour would not be considered reportable conduct.

What is apprehended physical violence?

Apprehended physical violence is any act which intentionally or recklessly causes a person to apprehend immediate and unlawful violence to the person.

Examples of apprehended physical violence include:

angrily punching a wall next to a child or young person’s head causing them to fear they were about to be punched

standing over a child or young person in an intimidating way that causes them to fear they will be hurt

verbally threatening to physically harm a child or young person.

What type of behaviour does the OIR still expect to be notified about even if it appears minor, trivial and/or negligible?

Physical force that doesn’t involve lasting injury – and had no potential to – may be considered minor, trivial and negligible in nature. For example, a teacher tilting a child’s head up from their phone to regain their attention in class.

We say ‘may’ because every situation is different, and due consideration needs to be given to the context and circumstances in which the alleged assault took place.

For all organisations except out-of-home care and Ashley Youth Detention Centre, this means the following:

if, within 3 business days, the application of physical force is found to be minor, trivial or negligible, as long as a workplace investigation is conducted, there is no need to notify the OIR, or conduct an investigation into reportable conduct

if there is no workplace investigation or the matter cannot be resolved within 3 business days and needs fuller investigation, you must notify the OIR and then investigate.

If an investigation does proceed, the organisation may find:

the conduct was more serious than first thought and did amount to reportable conduct

the conduct was minor, trivial and/or negligible in nature and therefore is not reportable conduct.

Why is it different for Ashley Youth Detention Centre and out-of-home care?

Agencies providing out-of-home care and Ashley Youth Detention Centre must notify and investigate allegations of physical force, even if minor, trivial or negligible.

They also cannot deem the use of physical force by adults towards children as non-reportable conduct solely on the basis that it was minor, trivial, or negligible.

However, lawful excuse may still be relied on to consider that the application of force did not amount to reportable conduct.

This is because out-of-home care and custodial youth justice settings carry a higher level of risk for children and young people. For example, they are contexts in which children are held within custodial facilities, or able to be harmed without the same level of external surveillance as other contexts.

Importantly, this does not mean Ashley workers and carers who use physical force to stop a child hurting themselves should hesitate to do so, for fear of their actions being deemed reportable conduct. If such a scenario happened, their intervention would be considered lawful excuse and therefore not reportable conduct.

In these instances, we would not expect to be notified of the conduct.

"Being aware of your body language is important when a child or young person is disclosing any type of harm. But for physical harm, it can be especially important to avoid sudden gestures or movement that may remind the child or young person of being hit or grabbed."

- Advice from a young Tasmanian with lived experience of sexual abuse or violence

Sexual offence and or sexual misconduct

Sexual offences and sexual misconduct are types of reportable conduct under the Reportable Conduct Scheme.

What are sexual offences?

Sexual offences are criminal offences of a sexual nature.

Examples of sexual offences include:

persistent sexual abuse of child
procuring child or young person for sexual abuse
rape
distributing, possessing, making and/or accessing child exploitation material offences
incest.

What is sexual misconduct?

Sexual misconduct includes inappropriate behaviour, physical contact, voyeurism, speech or communication (including electronic communication) performed in a sexual manner and/or with a sexual intention.

Examples of sexual misconduct include:

an adult massaging a child or young person’s shoulders, when it does not form part of their role and for the adult’s sexual gratification
an adult communicating with a child or young person in a sexualised way, such as a teacher texting a student in the school holidays asking them if they want to meet up ‘so they can get to know each other better’
an adult having inappropriate conversations with a child or young person of a sexual nature, such as making comments that sexualises the younger person’s body and appearance.

What type of behaviour does not meet the definition of sexual misconduct?

Behaviour that is not carried out in a sexual way or with a sexual intention is not likely to be sexual misconduct, as a type of reportable conduct.

In these scenarios, an organisation will still need to take steps to educate the adult worker about appropriate professional behaviour and boundaries.

This information should be captured in a Code of Conduct that makes it clear what behaviour towards children and young people is and isn’t acceptable in the organisation.

Organisations should also be vigilant to grooming behaviours, which may not immediately seem sexual in nature, but ultimately form part of a process of manipulation that prepares a child for abuse.

Myth	Fact
A teenager inadvertently overhearing an adult conversation of a sexual nature is an example of sexual misconduct.	An adult deliberately engaging a teenager in a conversation of a sexual nature is an example of sexual misconduct.
Sexual abuse of a child or young person is rare.	This is not the case. A recent study has shown nearly 1 in 10 Australian men have sexually offended against children or young people.

Resources

Resource link	Description
Victorian CCYP Fact Sheet: Sexual misconduct under the Reportable Conduct Scheme	This resources, developed by the Victorian Commission for Children and Young People, provides guidance on identifying sexual misconduct. It relates to Victoria’s Reportable Conduct Scheme (which is distinct from Tasmania’s) but may still be a useful resource for Tasmanian organisations.

Significant emotional or psychological harm

Significant emotional or psychological harm is when the conduct of an adult causes (or is likely to cause) harm to a child or young person’s wellbeing and/or development.

As a type of reportable conduct, there needs to be a direct connection between the adult’s behaviour and the emotional and psychological harm done to the child and/or young person.

What is significant emotional or psychological harm?

continually ignoring or rejecting a child or young person
forcing a child or young person to do things by scaring them
constantly criticising, humiliating or blaming a child or young person
constantly swearing, yelling or screaming at a child or young person
telling a child or young person that they’re worthless, unloved or not enough
withholding love, support, praise or attention from a child or young person
bullying, teasing, insulting or belittling a child or young person
treating a child or young person badly because of things they can’t change (e.g. disability, gender, sexuality)
threatening abuse or threats to harm loved ones or pets
a child or young person witnessing a serious family violence incident involving their caregiver.

It’s important to know emotional and psychological harm often co-exists with other types of harm and can be caused by a one-off act or by a series of behaviours.

What are the signs to look for?

Significant emotional or psychological harm can be hard to identify, and a child or young person may have difficulty articulating that they are suffering this type of harm.

However, changes in a child or young person’s normal behaviour or temperament may indicate that they are experiencing emotional or psychological harm.

What type of behaviour does not meet the definition of significant emotional or psychological harm?

Organisations should note the following is not likely to qualify as significant emotional or psychological harm, as a type of reportable conduct:

a child or young person witnessing a heated disagreement between two adults, but not suffering significant psychological or emotional harm as a result of being present.

“It can be hard to speak about something like this and getting out the thoughts. Some people think that children are lying if they take big pauses, but it’s because it’s hard to find the words.”

- Advice from a young Tasmanian with lived experience of sexual abuse or violence

Myth	Fact
Emotional or psychological abuse is less serious than physical abuse.	The impacts of emotional or psychological abuse are just as harmful as physical abuse. Although physical abuse may lead to more visible signs of harm, it's crucial to fully grasp the significance of safeguarding a child or young person’s emotional and psychological wellbeing.
Gender is not a relevant factor in the prevalence of emotional abuse.	Child maltreatment is a gendered problem. Emotional and psychological abuse, as well as sexual abuse and neglect, disproportionately affects girls (1.5 times the rate for boys).

Significant neglect

Significant neglect of a child or young person is a type of reportable conduct under the Reportable Conduct Scheme. It is the deliberate or reckless failure to meet the basic needs of the child or young person. It is not accidental, or a result of the child’s family or carer experiencing poverty or financial hardship.

When neglect is significant, it is a type of reportable conduct. Significant neglect means the neglect is more than trivial or insignificant. But the behaviour doesn’t need to have a lasting, permanent effect to be considered significant neglect.

Neglect usually involves a pattern of repeated failure to meet a child or young person’s wellbeing needs, but in some circumstances may be a single, significant incident where a caregiver fails to fulfil their duty, resulting in actual harm to a child or young person, or where there is the potential for significant harm to a child or young person.

‘Cumulative neglect’ can also occur through a combination of different adverse circumstances or events. Cumulative neglect recognises the compounding or combined impact that numerous less significant failures can have on a child or young person.

What it might look like

deliberately preventing a child or young person from attending school because it’s ‘not worth it’
leaving a child or young person alone or unsupervised for an extended period of time
a failure to acknowledge the seriousness of a medical condition or illness and therefore not seeking or complying with appropriate treatment when able to.
deliberately leaving a child or young person extremely dirty or suffering from a skin condition due to poor hygiene
rejecting, abandoning, belittling, or calling a child or young person names
shaming, isolating or demeaning a child or young person.

Ask yourself

Was there a deliberate or intentional failure to meet a child or young person’s basic needs?
Was there a reckless failure to meet a child or young person’s basic needs?
Could the person have chosen to meet the needs of the child or young person but didn’t?
Could their decision have had a significant effect on the safety or wellbeing of the child or young person who is the victim of the neglect?

Myth	Fact
It’s easy to recognise significant neglect.	In fact, neglect is often hard to recognise. Often there is no specific incident that reaches a ‘threshold’. Rather, neglect is often characterised by low or inconsistent levels of care over long periods of time.
A single incident or behaviour can never amount to significant neglect. It must be a course of conduct	In fact, in certain circumstances, single, serious acts can constitute significant neglect such as leaving an infant alone overnight.

Resources

Resource link	Description
Victorian Commission for Children and Young People - Fact Sheet: What is significant neglect?	This is a fact sheet developed by the Victorian Commission for Children and Young People to help people learn about what significant neglect can look like. It relates to Victoria’s Reportable Conduct Scheme (which is distinct from Tasmania’s) but may still be a useful resource for Tasmanian organisations.

Relevant offences such as failing to report child abuse and female genital mutilation

The definition of ‘reportable conduct’ in the Child and Youth Safe Organisations Act 2023 includes ‘relevant offences’ because there are other types of conduct that need to be reported, but don’t easily fit into the other categories of reportable conduct.

What it might look like

Sexual offences such as committing an indecent act with a child, production of child exploitation material, or assault with indecent intent (when committed against, with, or in the presence of a child). Sexual offences are also their own category of reportable conduct.
Failing to report the abuse of a child without reasonable excuse. For example, a child’s family friend knows they are being intentionally deprived of food, water and clean clothes but fails to report this to anyone because they ‘don’t want to go to the effort’.
Female genital mutilation when committed against, with, or in the presence of a child.

"Once everyone comes on board (with the Child and Youth Safe Organisations Framework) it will be so powerful.”

- From a victim-survivor of child sexual abuse in a Tasmanian institution

Myth	Fact
If an offence isn’t specifically listed in the Act or the Regulations, it isn’t a ‘relevant offence’ and therefore, isn’t reportable conduct.	‘Relevant offences’ can also include equivalent or similar offences committed in other states or territories.

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.

Learn more about:

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 and 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: 13 March 2025