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Identify reportable conduct

The head of a relevant entity must notify the Children’s Guardian if they become aware of a reportable allegation or a reportable conviction.

A ‘reportable allegation’ is an allegation that a relevant employee has engaged in conduct that may be ‘reportable conduct’.

A ‘reportable conviction’ is any conviction of an offence involving ‘reportable conduct’.

‘Reportable conduct’ is defined to mean the following conduct (whether or not a criminal proceeding in relation to the conduct has been commenced or concluded):

  • a sexual offence with or in the presence of a child,
  • sexual misconduct with, or in the presence of a child,
  • ill-treatment of a child,
  • neglect of a child,
  • an assault against a child,
  • behaviour that causes significant emotional or psychological harm to a child,
  • any offence under section 43B or 316A of the Crimes Act 1900, whether or not with the consent of the child.

Reportable conduct legal definitions

What is not reportable conduct

Reportable conduct does not include:

  • conduct that is reasonable for the purposes of the discipline, management or care of children, having regard to the age, maturity, health or other characteristics of the children and to any relevant codes of conduct or professional standard; 
  • the use of physical force that, in all the circumstances, is trivial or negligible, and the circumstances are investigated with the results of the investigation recorded in accordance with appropriate procedures; 
  • conduct of a class or kind exempt from being reportable conduct by the Children’s Guardian.

Plan and conduct an investigation

Fact sheet: Identifying reportable allegations (PDF 1MB)

If you believe on reasonable grounds that a child or young person is at risk of significant harm, you should contact the NSW Child Protection Helpline on 132 111.