New child protection Reportable Conduct Scheme VIC Australia

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Reportable Conduct Scheme

For organisations

The scheme imposes some new obligations on the ‘head’ of some organisations.

Who is the head of my organisation?
Depending on the structure of your organisation, the ‘head’ of your organisation may be:
•the chief executive officer
•the Secretary, if your organisation is a Victorian Government Department
•the principal officer of your organisation.

What does the scheme require the head to do?
Importantly, the scheme requires heads to:
•respond to a reportable allegation made against a worker or volunteer from their organisation, by ensuring that allegations are appropriately investigated
•report allegations which may involve criminal conduct to the police
•notify us of allegations within three business days after becoming aware of the allegation
•give us certain detailed information about the allegation within 30 days after becoming aware of the allegation
•after the investigation has concluded, give us certain information including a copy of the findings of the investigation
•ensure that their organisation has systems in place to:
◦prevent reportable conduct from being committed by a worker or volunteer within the course of their employment
◦enable any person to notify the head of a reportable allegation
◦enable any person to notify us of a reportable allegation involving the head
◦investigate and respond to a reportable allegation against a worker of volunteer from that organisation.

How do I tell the Commission about a reportable allegation?
Heads of organisations must use our online form Notify and update reportable allegations

Members of the public may make disclosures either through our online form, by phone or letter.

Who does the scheme apply to?
People
Reportable conduct can apply to the following people associated with an organisation in scope:
•employees
•volunteers
•contractors
•office holders
•ministers of religion
•officers of a religious body.

Organisations
Phase 2: 1 January 2018 (Schedule 4)
•Religious bodies
•An organisation that: ◦operates a residential facility for a boarding school
◦provides overnight camps for children as part of its primary activity (except certain youth organisations)
◦is a public or denominational hospital or operates a private hospital
◦is a public health service

Once part of your organisation is within the scheme, all of your organisation is within the scheme, and you must notify us about and investigate reportable allegations across your whole organisation.

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Why does Victoria need a Reportable Conduct Scheme?
In 2012, the Victorian Government conducted an inquiry into the handling of child abuse by religious and other non government organisations (the Betrayal of Trust Inquiry). The inquiry found that some organisations failed to respond and act on early disclosures about child abuse and this allowed perpetrators to continue to abuse children.
The inquiry report, which was tabled in Parliament in late 2013, contained a number of recommendations designed to ensure organisations take steps to prevent child abuse within their organisations and respond appropriately when it occurs. It also recommended that an independent statutory body oversee and monitor how organisations handle allegations of child abuse.

Who is the head of an organisation?
The head of an organisation is the person who is primarily responsible for decision making in the organisation and may be a chief executive officer, a principal officer or someone in a similar position or fulfilling a similar role. Because organisational structures and governance arrangements differ between organisations, it may not always be clear who the head of an organisation is.
 
The Commission considers that the 'head' of an organisation will generally be a person with ultimate power and responsibility for:
• managing, engaging and terminating the engagement of employees
• conducting misconduct investigations
• the strategic direction of the organisation.
If you need assistance in determining who is the head of your organisation, we recommend that you review your structure and governance, which may include seeking legal advice, and contact the Commission for clarification and guidance.

What about conduct which is historical?
If an allegation is made after 1 July 2017, but relates to reportable conduct that is alleged to have taken place prior to 1 July 2017, it must still be reported to the Commission and investigated to the best of an organisation’s ability. Investigating historical conduct may present challenges for organisations. The Commission can provide advice and guidance to assist in such circumstances.


It is a criminal offence not to notify the Commission of a reportable allegation.


More info from this link:
Reportable Conduct Scheme

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when questioned about new allegations of child sexual abuse within the sect's ranks, the ''overseer'' for Victoria and Tasmania, David Leitch, 56, of Heidelberg, says: ''We are not an organisation.'' 

www.theage.com.au/victoria/friends-and-enemies-truth-and-lies-20130922-2u7t4.html

[curlywurlysammagee]

It will be the courts that decide whether the twobies is an organisation or not, the local overseer will find that out soon enough. It will cost a lot of friends money to find that out.

[snow]

This is just one more reason that church and state need to be separate. Religion is always trying to get special exemptions for their sect or religion and a secular government has to be the one that steps in and preserve the rights of everyone. It is another fine example of how religions are definitely not more moral. You would think that heathen atheists would be the ones that would be against it, but it's not. It's usually them making it mandatory and religions trying to say they are exempt because...... fill in the blanks. Same happened with the RCC when people started demanding something being done about csa. They started crying about religious persecution. Really! If an organization is too corrupt to do something on their own, that is morally and ethically right, then secular organizations need to bring them into the 20th century and let them know that 1st century and earlier definitions of morality are no longer deemed moral.

Thanks for the update

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How do I tell the Commission about a reportable allegation?

Members of the public may make disclosures either through our online form, by phone or letter.

[blandie]

Feb 6, 2018 14:28:20 GMT -5 snow said:

This is just one more reason that church and state need to be separate. Religion is always trying to get special exemptions for their sect or religion and a secular government has to be the one that steps in and preserve the rights of everyone. It is another fine example of how religions are definitely not more moral. You would think that heathen atheists would be the ones that would be against it, but it's not. It's usually them making it mandatory and religions trying to say they are exempt because...... fill in the blanks. Same happened with the RCC when people started demanding something being done about csa. They started crying about religious persecution. Really! If an organization is too corrupt to do something on their own, that is morally and ethically right, then secular organizations need to bring them into the 20th century and let them know that 1st century and earlier definitions of morality are no longer deemed moral.

Separation of church and state is an ideal - one that I agree with too - but one person's clear-cut line to another can look like government interference in their religious or nonreligious beliefs. I don't think that 'religion is always' trying to exempt them from following the law of the land tho there are areas where the boundaries are fuzzy and I think CSA is NOT one of them. The courts deal with the more ambiguous areas all the time - and probably always will in this and other areas.

In the US the constitution just says 'Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances.'

That first amendment is more a requirement to allow coexistence of a variety of religions and rejection of government creating a state cult or religion - including banning people from establishing or practicing or expressing or forming their religions - than it is a carte blanche to allow illegal activities or infringing the rights of others - like CSA or racial discrimination - in violation of the law.

The baptists first advanced the idea of separation between government and church back in the 17th century first in england and then in america and found an ally in jefferson. Having endured real persecution they knew the dangers of the state pushing religion as policy. The idea of separation has since been twisted by some over the centuries - everything from advocating that individual groups have the right to make their religious views to be public policy to mandating irreligon in the public sphere.

The bible itself upholds the requirement to follow the law - Roman 13 is one of several passages - as part of doing good. Deny it til the cows come home but 2x2-ism is an organization and its perfectly reasonable for the government to hold it responsible for what is done under the supervision of its leadership - whether it is to protect children and adults from physical predators and exploitation or to make sure that neighbors and communities aren't negatively impacted by it not exercising diligence or following the law.

[magpie]

!@#$%^&*()_ Don't you get it? The Christian Conventions of Victoria is a Registered denomination and is incorporated denomination (don't laugh) and charity. Trustees, Arthur Robertson(a brother of 2 workers "both" with little boy very bad questions over them) Alan Bird,Colin Storer. Good honest men that support the undenominational supposed no name sect. That since 1930 were registered ,as Christian Assemblies of Australia (by Bill (he really was not God sorry)Carroll) a break to the 1970's. So we were liars by default the preachers were blatant "LIARS". Didn't the Scriptures and the God that annointed them teach against lying? Where do you fit in? Or going to fit in?