On 1 January 2017, the Commission for Children and Young People (the Commission) became the oversight body for the Child Safe Standards (the Standards) in Victoria.

As discussed in our earlier article Vic Reportable Conduct Scheme: 1 July 2017 deadline, recent legislative activity in Victoria has resulted in further changes to the constantly evolving child protection framework in that State.

What is the Commission for Children and Young People?

The 1st of January 2017 was a significant date in Victoria for two reasons.  Firstly, that date was the date by which all relevant entities that provide services for children had to comply with the Standards.  There are two Categories of such entities, including schools and other organisations regulated and/or funded by government, providing services for children (Category One) and organisations that have limited or no funding and/or regulatory arrangements with government that provide services for children such as religious bodies, including churches and residential facilities of boarding schools and student hostels (Category Two).

Secondly, the passing of the Child Wellbeing and Safety Amendment (Oversight and Enforcement of Child Safe Standards) Bill 2016 (the Bill) by the Victorian Parliament means that the Commission now has new regulatory powers to oversee and enforce compliance with the Standards (refer to our earlier article for more information about the Bill).  The Child Wellbeing and Safety Act 2005 (Vic) has now been updated to incorporate the provisions in the Bill.

While the Department of Education and Training (DET) and the Victorian Registration and Qualifications Authority (VRQA) will continue to be the main authorities for non-government schools on the Standards and resources for compliance with the Standards, schools should still be aware of the role that the Commission will play in administering the Standards for them and other organisations with responsibilities for children.

Refer to this page on the Commission's website for more information about its function and objectives.

A useful diagram on this page also explains how the Commission will enforce the Standards.  The Commission’s compliance approach includes the following activities:

• inform and educate;
• support to comply;
• monitor compliance;
• enforce the law; and
• strengthen child safety awareness.

The Commission and the Reportable Conduct Scheme

From 1 July 2017, the Commission will administer a ‘reportable conduct scheme’ in Victoria. The scheme will improve oversight of how organisations, including schools, respond to allegations of child abuse and child-related misconduct by workers and volunteers. The Children Legislation Amendment (Reportable Conduct) Bill 2016 sets out the proposed structure of the scheme.  If passed, the draft legislation will amend the Child Wellbeing and Safety Act 2005 (Vic) (again!) to introduce the scheme.

Under the scheme, the Commission will have the power to:

• monitor organisations’ investigations of abuse or misconduct and report on trends;
• share information with key organisations, such as the Working with Children Check Unit and certain professional registration bodies, to improve child safety;
• inquire into the safety systems of organisations engaged in child-related work; and
• share relevant information to better protect children from the risks of abuse.

At a high level, the Commission's website explains that organisations including schools will need to:

• ensure that the person in a relevant position of authority (such as the Chief Executive Officer) in the organisation is made aware of and reports any allegation of reportable conduct made against a worker or volunteer to the Commission. In all circumstances, allegations of criminal conduct must be reported to Victoria Police as the first priority;
• ensure appropriate investigation of the allegation; and
• report any findings and the reasons for the outcome of an investigation to the Commission at the conclusion of the investigation.

What does your school need to do?

The Children Legislation Amendment (Reportable Conduct) Bill 2016 is still before the Victorian Parliament and so the reportable conduct scheme is not yet law. However the Commission expects that the scheme will be introduced in three phases from 1 July 2017 with schools being in the first phase of compliance.  See this page for more information about the three stages.

The Commission and the Department of Health and Human Services will release more information about the scheme and what is expected of affected organisations in the coming months.

In the meantime, schools should familiarise themselves with the powers of the Commission and the general features of the proposed reportable conduct scheme.