1. Purpose
At the EPA we care about children and young people’s safety and wellbeing. We have zero tolerance of child abuse and harm. We will treat all allegations and safety concerns seriously, in line with our policies and procedures, and in compliance with the
Child and Youth Safe Organisations Act 2023 (the Act).
The EPA is committed to creating a culture where children and young people, families, workers, and members of the community are encouraged and supported to disclose or report concerns about conduct related to a child or young person involving a worker and investigating those concerns in a thorough, transparent, safe and child-centred way.
The
Reportable Conduct Scheme was established through the Act and requires leaders of certain organisations, including all Tasmanian Government agencies, to report and investigate concerns about conduct related to a child or young person involving a worker to the Independent Regulator.
The purpose of this procedure is to:
ensure workers are aware of and comply with their responsibilities to respond to and report concerns about conduct related to a child or young person involving another worker,
outline the process for workers, children, young people, families, and members of the community to report concerns about conduct related to a child or young person involving a worker,
describe the process the EPA will follow upon receiving a report.
2. Scope
The CEO is responsible for notifying the Independent Regulator of reportable conduct involving a worker, and the conduct of investigation(s).
Workers include employees, volunteers, officers, contractors, consultants, board members, students and trainees.
Reportable conduct includes criminal and non-criminal behaviour including (but not limited to):
- significant neglect
- physical violence
- a sexual offence
- sexual misconduct
- grooming
- causing significant emotional or psychological harm
- failing to report child abuse.
The Reportable Conduct Scheme covers conduct alleged to have occurred:
- at work
- outside of work
- before the worker was employed at the organisation
- before the Scheme commenced.
3. Process
If a child or young person is at immediate risk, call 000 or contact the Strong Families, Safe Kids Advice and Referral Line on 1800 000 123.
1. Safety
Workers have a responsibility to ensure that children and young people are safe. If the child or young person is in a situation involving another worker that places the child at immediate risk, then appropriate steps should be taken to ensure their safety. This may be as simple as removing the child from the situation and immediately contacting your manager, People and Culture or the CEO. Alternatively, if it is a more serious matter, call Tasmania Police on 000.
2. Provide support
Provide support and reassurance to a child or young person disclosing the conduct. Listen and allow the young person to tell their story but don’t interview or investigate. Ensure all facts are recorded and keep the information secure.
3. Notify
Every worker has an obligation to report concerns about conduct related to a child or young person involving another worker. This includes reports of physical violence, sexual misconduct, sexual offences, grooming or other reportable conduct committed against, or in the presence of, children and young people.
To report concerns about conduct related to a child or young person involving another worker, complete the
online child and youth safety reporting form.
- Notification may also need to be made to the following external authorities:
If a worker is uncomfortable about reporting through the EPA’s process, they can report directly to the
Independent Regulator or the Strong Families Safe Kids Advice and Referral Line on
1800 000 123, or if they believe an offence has been committed, to Tasmania Police on
131444.
The Strong Families Safe Kids Advice and Referral Line can also be used to report any concerns involving a child or young person, such as those that are observed, reasonably suspected or disclosed in a public or private setting.
Any member of the community who has observed behaviour by a EPA worker that causes concern should report it. Information for children, young people, families, and members of the community on how to report is available at
epa.tas.gov.au/ChildSafety
Anyone who makes a report has a legal right to confidentiality. This means that the EPA will not disclose the identity of the person making a report without their consent unless required under the information sharing rights under the
Child and Youth Safe Organisations Act 2023 or other legislation.
Workers making a report must ensure that confidentiality is maintained and information is shared only with people who need to know.
Workers who report child safety concerns in good faith are protected from reprisal.
The CEO is required by law to notify the Independent Regulator of concerns about conduct related to a child or young person involving a worker within three (3) business days after becoming aware of the concern.
Where there is doubt about whether the conduct is reportable conduct, the Independent Regulator will still be notified.
- The report will include:
- After a report has been made, People and Culture will offer referrals to support services to the child(ren) involved in the matter, the worker who is the subject of the allegation and any other relevant parties.
4. Look after yourself
Being concerned or knowing about child abuse can be challenging. We encourage anyone affected by, or with concerns about child sexual abuse or other types of child abuse to access advice and support. This can assist and support your wellbeing at work and in your personal life.
Community support services
There are a wide range of organisations who provide support and advice to people about child safety. A comprehensive listing and contact information can be found on the here: Useful support services | Office of the Independent Regulator (oir.tas.gov.au)
Employee Assistance Program (EAP)
Confidential support is available through the EAP for all EPA workers and impacted family members:
Positive Solutions
Call: 1800 064 039
Email:
admin@positivesolutions.com.au
Website:
https://positivesolutions.com.au/employee-assistance-program
5. Response
The CEO must start an investigation as soon as possible.
Where conduct is suspected to be criminal, the CEO must also notify Tasmania Police so they may conduct a criminal investigation. In circumstances where reportable conduct is also a criminal offence, concurrent investigations (by both the agency and Tasmania Police) will be running in relation to the same alleged incident. However, it is imperative that a police investigation is not compromised by an agency undertaking their investigation, and therefore the CEO must work collaboratively with Tasmania Police on investigation approaches and information sharing.
In the first instance, the CEO will engage an independent investigator to investigate the concern on its behalf. The investigation may be conducted internally if deemed appropriate. Within 30 days of becoming aware of the reportable conduct, the CEO must provide updated information to the Independent Regulator, including:
We seek to adopt a trauma-informed approach which actively recognises the widespread impact of trauma on individuals and aims to minimise re-traumatisation. In the context of this procedure, a trauma-informed approach involves:
The Universal Principle will also be embedded into the investigation process. For example, before interviewing an Aboriginal or Torres Strait Islander child or young person, the investigator will offer them the opportunity to have a member of an Aboriginal or Torres Strait Islander organisation present and will consult them on where and how the interview occurs.
During the investigation we will uphold procedural fairness, including:
- At the completion of an investigation, the CEO must provide the following information to the Independent Regulator:
Disciplinary action could result in sanctions which may include termination of employment.
EPA has a focus on continuous improvement for a child safe culture. Any learnings from the investigation will be used to update relevant policies, procedures and practices in order to prevent child harm and improve child safety in the EPA.
4. Information sharing
Heads of Agencies have specific information sharing rights under the Act, which overrides other laws such as the
Personal Information Protection Act 2004. Heads of Agencies can share reportable conduct information with:
- the Independent Regulator
- the Police (in Tasmania, interstate police and federal police)
- an independent investigator that they have appointed to conduct a reportable conduct investigation
- leaders of other organisations that are required to comply with the Child and Youth Safe Organisations Framework
- an entity regulator
- the Integrity Commissioner
- a government minister.
Heads of Agencies can share reportable conduct information when they:
need to comply with the Act, for example to report information to the Independent Regulator, or to conduct a reportable conduct investigation
are complying with another law, for example reporting suspected child abuse to police
are promoting the safety and wellbeing of children and young people, for example to tell the leader of another organisation that one of their workers is alleged to have abused a child or young person.
There are specific situations where information can be shared with others such as the child or young person concerned, their guardian, other workers, the person who disclosed the reportable conduct, contracted organisations and workers who are subject to reportable conduct investigations. These are described in the
Information Sheet.
5. Responsibility
All workers
| Report ny concerns about conduct related to a child or young person involving another worker whether observed, reasonably suspected or disclosed. Treat children and young people with respect and provide a working environment that is safe and free from harm, and fulfil their responsibilities as outlined in the Child and Youth Safety and Wellbeing Policy, and this procedure.
|
Managers
| - Supervising and holding staff accountable for complying with this procedure.
The effective implementation of this procedure, including raising awareness, provision of information, leading by example, participating in training and ongoing education and facilitating worker participation in training and ongoing education. Promoting a culture of reporting that recognises and responds to child abuse and harm, including reporting breaches of this procedure. Respecting privacy and confidentiality in reporting. Taking prompt and appropriate action reporting a reportable allegation or a reportable conviction. Ensuring induction training for all new workers includes advice, education and training on responsibilities for child and youth safety and reportable conduct. Ensuring training and education resources and opportunities are provided to all staff on regular basis.
|
People and Culture
| Providing advice and support to employees, workers and managers about the procedure.
|
CEO
| - Notifying the Independent Regulator of reportable conduct involving a worker.
- Notify the Independent Regulator of the conduct and outcome of investigation(s).
- Share specific information as required under the
Child and Youth Safe Organisations Act 2023.
- Ownership, regular review and updating of this procedure.
|
6. Definitions
Child
| A person under the age of 18 years
|
Youth
| A person between 16 years to 18 years
|
Worker
| A person who has attained the age of 18 years, who carries out work in any capacity for the EPA. This includes as an employee, volunteer, contractor, subcontractor, consultant, director, member of a management committee, student or trainee, office holder or officer.
|
Reportable Conduct
| Emotional or psychological harm, significant neglect, physical violence, sexual offence, sexual misconduct, a relevant offence and grooming.
|
Reportable conduct information
| Means information or documents relating to:
- a reportable allegation or reportable conviction
- a concern or belief that reportable conduct has been committed
- the reportable conduct investigation
- the findings, reasons for the findings, and the recommendations made, at the conclusion of that investigation.
|
Independent investigator
| An independent body or person that has appropriate qualification, training, or experience, to investigate reportable allegations for reportable convictions.
|
7. Supporting documents
8. Related Legislation
9. Review
The procedure will be reviewed in three (3) years.
10. Approval
Version 2.0 approved September 2024
12. Contact
For further information, please contact:
Section: Workplace Relations Branch
Email:
workplacerelations@nre.tas.gov.au