Notify the Children's Guardian
The head of a relevant entity is responsible for notifying the Office of the Children’s Guardian within 7 business days when they become aware of any reportable allegations or convictions made against relevant employees, volunteers or contractors (where a Working With Children Check is required).
- 7-day notification form
- 30-day interim report form
- Entity report form (to be provided after the investigation or determination is completed)
Go to notification forms
The 7-day notification form requires relevant entities to provide the information they are obliged to provide under the Children’s Guardian Act and includes the following:
- Type of reportable conduct
- Name of employee
- Name and contact details of relevant entity and head of relevant entity (or approved delegate)
- Whether the reportable allegation has been reported to Police and Child Protection Helpline
- Nature of initial risk assessment
- Risk management action
- If the notification is made more than 7 business days after becoming aware of the alleged incident, reasons for the delay (including the date when the head of entity became aware).
The 7-day notification form also enables entities to provide additional relevant information that will assist the Reportable Conduct Directorate to guide and monitor an entity’s response to reportable allegations. While not mandatory, entities are encouraged to provide this additional information (if known):
- Details of the reportable allegation or conviction (including date or date range of alleged incident, number of employees the subject of the allegation arising from the same incident, source of the report or allegation)
- Date of birth of the employee (or age at the time of the alleged incident)
- WWCC number of the employee
- Police report reference number
- Child Protection notification number
- Any other relevant entity that employs or engages the employee (including as a volunteer or contractor).
By 30 calendar days after becoming aware of a reportable allegation or conviction, the head of a relevant entity must provide either the investigative report ("entity report") or, if the investigation is not complete, an interim report.
The interim report needs to include:
- in relation to a reportable allegation – if known, the facts and circumstances of the reportable allegation OR in relation to a conviction considered to be a reportable conviction – any known information about the conviction
- action taken since the Children’s Guardian received a notification about the reportable allegation or the conviction considered to be a reportable conviction
- further action the head of the relevant entity proposes to take in relation to the reportable allegation or conviction considered to be a reportable conviction, including if the head of the relevant entity proposes to take no further action
- the reasons for the action taken and the action proposed to be taken or the reasons for the decision to take no further action
- other information prescribed by the regulations
- be accompanied by copies of documents in the relevant entity’s possession, including transcripts of interviews and copies of evidence, and
- an estimated timeframe for completion of the entity report.
The entity report (to be provided after the investigation or determination is completed) needs to include:
- in relation to a reportable allegation – information about the facts and circumstances of the reportable allegation and the findings the head of the relevant entity has made about the reportable allegation after completing the investigation, including whether the head of the relevant entity has made a finding of reportable conduct, and an analysis of the evidence and the rationale for the findings,
- in relation to a conviction considered to be a reportable conviction – information about the conviction considered to be a reportable conviction, and the determination the head of the relevant entity has made about the conviction, including whether the head of the relevant entity has determined the conviction is a reportable conviction,
- a copy of any written submission made by the employee
- information about what action has been, or will be, taken in relation to the reportable allegation or conviction considered to be a reportable conviction, including the following –
- remedial or disciplinary action in relation to the employee,
- whether information about the matter has been referred to a different entity,
- changes to systems or policies,
- if no further action is to be taken – that no further action is to be taken,
- the reasons for the action taken, including taking no further action,
- any other information prescribed by the regulations.
- be accompanied by any copies of documents in the relevant entity’s possession that are relevant to the report, including transcripts of interviews and copies of evidence.
It is an offence for the head of an organisation to fail to comply with the 7 business days and 30 calendar days notification obligations, without a reasonable excuse (note that enforcement provisions will not be in operation for 3 months from commencement of the Children's Guardian Act 2019 on 1 March 2020).
The Reportable Conduct Scheme aims to protect children and delayed notifications can give rise to risks to children. Further guidance can be obtained from the Reportable Conduct Directorate on (02) 9286 1021.
What happens after notification to the Office of the Children’s Guardian