Teachers and early childhood educators alike are finding themselves the subject of allegations under the reportable conduct scheme.
This is what you need to know to protect yourself and your career:
What is the Reportable Conduct Scheme?
The Commission for Children and Young People (CCYP) is responsible for administering, overseeing and monitoring the Reportable Conduct Scheme (Scheme). The Scheme was introduced in 2017 to improve the reporting and investigation of child abuse and misconduct.
The Scheme encompasses 5 separate offences;
- Sexual offence committed against, with or in the present of a child (whether or not a criminal offence has been commenced or concluded)
- Sexual misconduct committed against, with or in the present of a child
- Physical violence committed against, with or in the present of a child
- Any behaviour that causes significant emotional or psychological harm to a child
- Significant neglect of a child
The Scheme is broad in nature and does not provide distinction between low-level offences and high-level offences. By virtue, the CCYP investigate all conduct which might constitute reportable conduct.
Obligations to report
Educational Institutions and Early Childhood Centres have an obligation to report anything which might constitute reportable conduct. This means that even conduct which may not necessarily be substantiated as reportable conduct needs to be investigated to determine whether a breach of the Scheme has occurred.
Being investigated for reportable conduct
- School investigation
- Department of Education/ Archdiocese Investigation
- VIT investigation
The process of being investigated for reportable conduct is lengthy and stressful. Within the investigation process, you may be invited at various stages to submit responses to the allegations. It is important that educators respond properly and carefully to the alleged conduct, from the first instance. This is because at each stage on the investigation process, each of the organisations may be privy to any responses and information you provide.
Possible outcomes if you are found to have engaged in reportable conduct
There are many consequences of being investigated for allegations of reportable conduct, even for low-level offences which can be caught by the Scheme.
These include:
- Suspending your teaching registration and employment on an interim basis (with or without pay)
- Termination of employment
- Cancellation of your teaching registration
- Imposed restrictions on your teaching registration
- Cancelling your Working with Children Check
- Finding in your favour, which means taking no further action and concluding the investigation
The benefits of engaging Grazia Legal from the beginning!
Once a decision has been made to investigate alleged reportable conduct, it can be a slippery slope! Even more so, once a decision is made it is very difficult and expensive to appeal that decision. With such broad application and strenuous reporting obligations on Schools, sometimes the most minor incidents are reported, and need to be responded to with care. Engaging our lawyers to assist you from the outset, ensures that the decision makers are provided with all the information necessary, and your position properly articulated so that they can make an informed decision. We can help you articulate your response, and guide you through the investigation process offering support, and a means to be able to communicate your version of events the way you need to be heard.
What we can do to support teachers and early childhood educators
Grazia Legal is one of the leading law firms helping teachers and early childhood educators in education law.
Grazia Legal can:
- Advise you about the investigation process
- Assist you in participating in the investigation process
- Formulate responses that articulately demonstrate your point of view
- Provide you the best opportunity for a success and fair outcome.
Contact Grazia Legal today on (09) 9279 2884
*Nothing in this article constitutes legal advice, this advice is of a general in nature.
