Help for designated agencies on how to record reportable allegations on the NSW Carers Register.
Current reportable allegations
Information about a reportable allegation must be recorded on the Carers Register when a designated agency is investigating an allegation against an authorised carer or adult household member within the meaning of section 18 of the Children’s Guardian Act 2019.
The agency that has or had a relationship with the individual is responsible for recording information about the reportable allegation on the register.
The agency must enter the information onto the register within 7 days of the Head of Relevant Entity (HRE) becoming aware of the allegation under the Children’s Guardian Regulation 2022.
Finalised reportable allegations
The register maintains a permanent record of finalised reportable allegations showing the outcome of the reportable conduct investigation. This includes the option for an information-sharing flag.
A designated agency must, within 14 business days after finalising, or becoming aware of the finalisation of, the investigation of a reportable allegation, record the following information on the register:
- the outcome of the investigation
- the date the investigation was finalised.
The designated agency should determine whether there are any ongoing risks or information that should be shared if the individual became associated with another agency. The critical factor is not whether there has been a finding of reportable conduct, but whether there is information that may relate to the safety, welfare or wellbeing of a child in out-of-home care, or children in out-of-home care more generally.
If a designated agency holds any information relevant to ongoing risks to children, it should select ‘finalise reportable allegation – contact agency’ when it finalises the matter on the register.
This indicates that the agency has information to exchange that may relate to the safety, welfare or wellbeing of a child or class of children in out-of-home care. Agencies should keep a record of this information, along with the reason why the contact agency flag has been recorded, to support timely information exchange.
In other matters, a designated agency should select ‘finalise reportable allegation – no record’. In these cases, the records relating to the reportable allegation will not be able to be viewed by another designated agency.
Contact the Office of the Children’s Guardian
Some current and finalised cases will include highly sensitive issues. In these cases, the Reportable Conduct Directorate will ask the Carer and Residential Worker Monitoring team to place a flag on the register against the information about the reportable allegation directing the designated agency to contact the Office of the Children’s Guardian.
Designated agencies must then seek advice from the Reportable Conduct Directorate about how to proceed before taking any other action. This includes not discussing the allegation with any other person or agency, including the person who is the subject of the allegation, and not continuing with any probity checks related to the individual or their adult household members. The exception is providing information to NSW Police or the Department of Communities and Justice, if relevant.
Exemptions under the Reportable Conduct Scheme
Under the NSW Reportable Conduct Scheme, agencies must notify the OCG of a reportable allegation within 7 days. Upon receiving the 7-day notification from a designated agency, the Reportable Conduct Directorate (RCD) will review the details of the allegation and decide whether the matter is within jurisdiction.
The RCD may also apply an exemption to the agency to a specific component of the matter. The decision to apply an exemption, and the particular aspects of that exemption, will depend on a variety of considerations related to the matter. The RCD will provide details of the exemption in correspondence. If an agency is unsure what the exemption means, they should contact the RCD for clarification.
If an exemption has been applied, this means the allegation has been deemed in jurisdiction.
This is not an exemption from recording the allegation on the Carers Register.
The risk associated with the allegation should still be considered and managed by the agency and, once a final determination or outcome is made, the agency must record the outcome on the Carers Register as ‘no record’ or ‘contact agency’.
Exchange of information relating to reportable allegations
If an individual has a current or finalised reportable allegation recorded on the register, designated agencies should contact the designated agency responsible for investigating the allegation and exchange any information that may relate to the safety, welfare or wellbeing of children under Chapter 16A of the Children and Young Persons (Care and Protection) Act.
This may occur when a designated agency is assessing a carer applicant, undertaking probity checks on their adult household members, or if it receives an automatic alert that a reportable allegation against an individual, they also have a relationship with has been lodged on the register.
Agencies who receive a request for information from another agency as part of an ‘other designated agency check’ should share relevant information related to reportable allegations that has a ‘contact agency’ flag as part of the information exchange.
More information
- How the Reportable Conduct Scheme works
- Contact the Carer and Residential Worker Monitoring team: carers-register@ocg.nsw.gov.au or (02) 6588 7073
