Page 2085 - Week 07 - Tuesday, 2 August 2016
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fields of health, child care, foster and kinship care and residential care. These institutions will be required to set up reporting practices to ensure that the head of each institution is informed of allegations of certain types of behaviour by their staff. This behaviour may include ill treatment or neglect of children, sexual abuse and sexual misconduct and is collectively defined as reportable conduct.
I emphasise that this scheme does not alter or remove any existing reporting requirements, including those to police, Child and Youth Protection Services or professional standards bodies. Sexual offences are both underreported and difficult to prosecute. These challenges are particularly pronounced when it comes to matters involving children. Children are often abused by those they look up to, those they trust and those who have power over them. Victimised children often feel like they are not able to come forward because nobody will believe them or that they have nobody to tell.
The reportable conduct scheme will make sexual misconduct, including that which falls below a criminal threshold, reportable to the employer and by the employer to the Ombudsman. This misconduct may include crossing professional boundaries. This will ensure that well-meaning employees will no longer be able to rationalise or excuse the suspicious or borderline behaviour of their colleagues but will be required to report it to their employer. It is important that conduct outside of the workplace is also reportable.
Evidence before the royal commission has shown that child grooming that begins in institutions often happens outside the workplace too as the would-be abuser finds more ways to spend time near the child. While employers may lack the power to do thorough investigations into these allegations, it is important that they are recorded and essential that when they are informed these allegations are treated just as seriously as those that take place within work hours.
The scheme will ensure that these investigations are done properly and that employers have good processes in place so that they are informed of reportable allegations. The government considers the Ombudsman’s independence and expertise in investigating maladministration and overseeing professional practices and procedures make this office the most suitable body to oversee this scheme.
Madam Deputy Speaker, at the most recent COAG meeting in April of this year I proposed that all states and territories progress work to develop nationally harmonised reportable conduct schemes. COAG agreed in principle that all states and territories will develop such schemes.
National harmonisation is very important because it will help ensure that children in all parts of Australia receive the same levels of protection and that no would-be abuser could stand to benefit by crossing state or territory borders. Equally important is the better retention and sharing of information. Evidence before the royal commission has shown that people who abuse children often move between employers to avoid suspicion. Unless criminal charges are laid, employers have no way of knowing what accusations their employees have faced, even when another allegation has been made.
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