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Organisations in the scheme

The Children’s Guardian Act 2019 defines all organisations, agencies or bodies to which the Reportable Conduct Scheme applies as relevant ‘entities’.

The scheme covers all of the entities’ relevant workers including paid employees or volunteers providing services to children as well as contractors delivering services to children (who hold, or are required to hold, a Working With Children Check) in those entities.

The scheme does not cover personal arrangements made for the education and care of children by parents and carers, such as babysitting arrangements or private tuition and coaching.

From 1 March 2020, the heads of relevant entities must notify the Office of the Children’s Guardian of all reportable allegations and convictions. That includes the inside work conduct of all employees and outside work conduct of employees of Schedule 1 entities and of any relevant entities where a volunteer or contractor required to hold a Working With Children Check.

Heads of relevant entities are responsible for ensuring their organisation complies with the legislative obligations under the Reportable Conduct Scheme.

Responsibilities of the head of a relevant entity (PDF 906KB)

All public authorities have legislative obligations under the Reportable Conduct Scheme. They all have to notify reportable allegations against their employees that occur in the course of their employment and (in the case of employees, volunteers or contractors who hold or are required to hold a WWCC clearance) they also have to notify reportable allegations that are not related to their employment.

Some public authorities and non-government entities must notify all reportable allegations against their employees – both inside and outside work allegations – whether or not those employees work with children or hold or are required to hold a WWCC. These public authorities and non-government entities are listed in Schedule 1 of the Children’s Guardian Act 2019:

  • the Department of Education, including a government school within the meaning of the Education Act 1990
  • the Ministry of Health
  • a local health district within the meaning of the Health Services Act 1997
  • a non-government school within the meaning of the Education Act 1990
  • a designated agency
  • an approved education and care service within the meaning of the Children (Education and Care Services) National Law (NSW) or the Children (Education and Care Services) Supplementary Provisions Act 2011
  • that part of the Department of Communities and Justice with staff administering legislation under the Minister for Families, Communities and Disability Services
  • a statutory health corporation within the meaning of the Health Services Act 1997
  • an affiliated health organisation within the meaning of the Health Services Act 1997
  • the Ambulance Service of NSW within the meaning of the Health Services Act 1997
  • the TAFE Commission within the meaning of the Technical and Further Education Commission Act 1990
  • an agency providing substitute residential care for children.

Religious bodies

From 1 March 2020, religious bodies will also have reporting obligations under the Reportable Conduct Scheme in NSW.

A religious body is one that has been established for a religious purpose; or directs, controls or administers an educational or other charitable entity in accordance with religious doctrines, beliefs or principle. This includes faith-based bodies that provide services, programs and activities that involve children including childcare, education, social groups and meetings, spiritual guidance, sports and recreation programs.

The nominated heads of religious bodies will be required to notify and respond to reportable allegations against any of their workers, volunteers and contractors who are required to hold a WWCC clearance for the purpose of their employment or engagement with the religious body.

The head of the religious body will be required to notify the Office of the Children’s Guardian of any reportable allegation within 7 business days of being made aware of the allegation, and provide an update with further information within 30 calendar days.

The Office of the Children's Guardian is working with religious sector representatives to assist religious and faith-based entities to be ready to comply with their reportable conduct obligations when the Children's Guardian Act 2019 commences on 1 March 2020.

Class or kind determinations

Class or kind determinations established under the Ombudsman Act (exemptions to the obligation to notify reportable allegations) will continue with the Office of the Children's Guardian until further notice. The details of the class/kind determinations will be published on this website.