The head of a designated* government or non-government agency is required to notify the NSW Ombudsman of any reportable** allegation or conviction against an employee of the agency within 30 days, and to report to the NSW Ombudsman the resultsof any investigation and actiontaken with respect to the reportableallegation or conviction.
Authorised carers engaged by an agency to provide services to children/young people are considered to be employees under the Ombudsman Act 1974 (S25A), and any allegation of reportable conduct towards a child/young person in out of home care, and the findings of the agency's investigation, should also be notified to the Ombudsman.
Mandatory reporters should also report allegations about reportable conduct by Community Services' employees towards any child/young person, to the Child Protection Helpline.
Where a risk of significant harm report contains an allegation of reportable conduct against an employee of another agency, in addition to investigating the risk of significant harm report, Community Services will make the employing agency aware of the allegation, and will seek the reporter's consent to disclose their identity to the employer to assist in their reportable conduct investigation.
Note:
Designated agencies* need to report such allegations or convictions, whether or not they arise in the course of the employee’s work.
Other public authorities that are not designated agencies are only required to report allegations and convictions that arise in the course of the employee’s work.
*See Glossary for definition of Designated Agency
**See Glossary for definition of Reportable Conduct
Further information is available on the Ombudsman website at http://www.ombo.nsw.gov.au/complaints/compwrkchildprotissues.html