Organisations and employees in the Scheme

Organisations that fall under the Scheme are called ‘relevant entities’. There are 3 different types of relevant entity:

• Schedule 1 entities
• Public authorities
• Religious bodies

Because relevant entities have different types of functions and provide different kinds of services to children, the Scheme deals with them and their employees in slightly different ways. This includes how an ‘employee’ is defined for the different types of relevant entity.

Usually when the term ‘employee’ is used, it refers to someone who is paid a wage by an organisation under a formal employment contract. The Act defines ‘employee’ much more broadly. It can refer to a person who is receiving a wage for formal employment, a contractor, or even a volunteer. The way a person is covered by the Scheme, depends on:

• what type of employee they are,
• the type of entity they are engaged by, and
• in some cases, the nature of the work they do.

We’ve set out exactly which organisations are relevant entities, and what the term ‘employee’ means for each type of relevant entity.  

Schedule 1 entities

Schedule 1 entities are the government and non-government organisations listed in Schedule 1 of the Children's Guardian Act. 

Schedule 1 entities include:

• the Department of Education, including government schools within the meaning of the Education Act 1990
• the Ministry of Health
• local health districts within the meaning of the Health Services Act 1997
• non-government schools within the meaning of the Education Act 1990
• designated agencies
• approved education and care services within the meaning of the Children (Education and Care Services) National Law (NSW) or the Children (Education and Care Services) Supplementary Provisions Act 2011
• the part of the Department of Communities and Justice comprising the group of staff who are principally involved in the administration of an Act administered by the Minister for Families, Communities and Disability Services
• the part of Youth Justice within the Department of Communities and Justice comprising the group of staff who are principally involved in the administration of an Act administered by the Attorney General, and Minister for the Prevention of Domestic Violence and the Minister for Families, Communities and Disability Services
• statutory health corporations within the meaning of the Health Services Act 1997
• affiliated health organisations within the meaning of the Health Services Act 1997
• the Ambulance Service of NSW within the meaning of the Health Services Act 1997
• the TAFE Commission within the meaning of the Technical and Further Education Commission Act 1990
• agencies providing substitute residential care for children within the meaning of the Children's Guardian Act 2019.

Employees of Schedule 1 entities

When the term ‘employee’ is used by the Reportable Conduct Scheme, for Schedule 1 entities this includes:

• employees of the entity
• any volunteer engaged to provide services to children
• any contractor who holds, or is required to hold, a WWCC for the purposes of the engagement with the entity
• the head of a third-party employer contracted to provide services to children on behalf of the entity, if the individual holds or is required to hold a WWCC
• if the entity is an individual, the individual

Schedule 1 entities need to notify us of any reportable allegation or conviction against these employees, whether or not the alleged conduct is work-related. This means that for all employees of Schedule 1 entities, any reportable allegation arising in their personal life is captured by the Scheme.

Employees in Schedule 1 entities are recognised to have positions of authority over children and a duty of care to children. It is important for the relevant entity to be aware of the employee’s child-related conduct in any context so that they can assess and manage any risks in the workplace.

Public authorities

Organisations that are defined as a ‘public authority’ have obligations under the Scheme. The term ‘public authority’ is defined in section 14 of the Act. 

Public authorities include:

• a government sector agency within the meaning of the Government Sector Employment Act 2013
• a person specified in section 5(1)(a), (b) and (d)–(f) of the Government Sector Employment Act 2013
• a local government authority
• a statutory body representing the Crown
• a statutory officer
• a body, whether incorporated or unincorporated, established for a public purpose under the provisions of a legislative instrument
• a State-owned corporation
• a university established under an Act
• an Aboriginal Land Council within the meaning of the Aboriginal Land Rights Act 1983.

Employees of public authorities

When the term ‘employee’ is used by the Scheme, for public authorities this includes:

• employees of the public authority
• any volunteer who is engaged to provide services to children
• any contractor who holds, or is required to hold, a WWCC for the purposes of their engagement with the public authority
• the head of a third-party employer contracted to provide services to children on behalf of the public authority, if the individual holds or is required to hold a WWCC
• if the public authority is an individual, the individual.

The public authority needs to notify us of any work-related reportable allegations or convictions against their employees. Public authorities must also notify us of reportable allegations or convictions that happen outside of work where the employee, volunteer or contractor is required to hold a WWCC for their work with the public authority. 

Religious bodies

Religious bodies are defined under the Act as bodies established for a religious purpose  that direct, control or administer a charitable entity or educational service in line with religious doctrines, beliefs or principles.

This includes faith-based bodies providing services, programs and activities for  children, such as: 

• childcare
• education
• social groups and meetings
• spiritual guidance
• sport and other recreational activities.

Employees of Religious Bodies 

When the term employee is used by the Scheme, for religious bodies it means:

Any individual who holds, or is required by the religious body to hold, a WWCC for the purpose of engagement with the religious body.

If the religious body requires someone to hold a WWCC to be involved in a program or activity, they are considered an employee of the religious body under the Scheme. 

Religious bodies need to notify us of any reportable allegation or conviction against their employees, whether or not the conduct is work-related. This means that for employees of religious bodies, any reportable allegation arising in their personal life is captured by the Scheme. 

Enquiries

If you are unsure if your organisation or employee falls under the Reportable Conduct Scheme, you can contact our Reportable Conduct Enquiries Line for advice on 8219 3800, or email reportableconduct@ocg.nsw.gov.au 

You can also access our free eLearning about responding to reportable allegations.