In Victoria, the Reportable Conduct Scheme is in place to improve organisations’ responses to allegations of child abuse and neglect by their staff and volunteers.

There are five types of ‘reportable conduct’:

  • sexual offences committed against, with or in the presence of a child
  • sexual misconduct committed against, with or in the presence of a child
  • physical violence against, with or in the presence of a child
  • any behaviour that causes significant emotional or psychological harm to a child
  • significant neglect of a child.5

When discussing allegations of sexual misconduct, the scheme highlights:

“Even if the misconduct does not involve a part of the body, and the reasons for the misconduct did not involve potential or actual sexual arousal or gratification, misconduct may still be misconduct if it is overly personal or intimate.

Workers or volunteers from organisations that exercise care, supervision or authority over children can exercise power, influence or control over children. Mindful of this power imbalance, these workers and volunteers should always ensure that they maintain appropriate boundaries with children and not act in a manner that is overly personal or intimate.

Organisations investigating allegations of misconduct that is overly personal or intimate are encouraged to consider whether the misconduct was so personal or intimate in nature that:

  • the alleged victim considered that the misconduct was sexual; or
  • a reasonable person would regard the misconduct as sexual.
  • For example, conduct that may be overly personal or intimate may include:
    • communicating with a child outside of the usual channels of communication i.e. personal correspondence (including emails, social media and web forums) rather than sending letters home or talking with the parents
    • having inappropriate conversations about former sexual partners or crushes
    • inappropriately touching a child (even where the body part involved may not be overtly sexual, for example massaging a child in circumstances where that would not be part of the worker or volunteer’s role).” 4

Accepted physical contact (with young person’s permission)

  • Assisting to develop sports or dance skills or techniques.
  • Treating an injury.
  • Preventing an injury.
  • Meeting the requirements of sport.
  • Showering or toileting assistance to children and/or young people with a disability.

Unacceptable physical contact

  • Any unwarranted or unwanted touching of hands, other body parts or objects.
  • Corporal punishment, such as smacking or other forms of physical discipline. 
  • Initiating, permitting or requesting unacceptable physical contact with a child or young person, such as massages or kisses.  
  • Facilitating situations which unnecessarily result in close physical contact with a child or young person such as wrestling or tickling.  
  • Undertaking a task of a personal nature for a child if they can do it for themselves, such as changing clothes, feeding, personal grooming or toileting.
  • Pressuring a child to have unnecessary physical contact. 

Both you and the young people you work with should understand your responsibilities around confidentiality. In Australia, confidentiality legislation may vary from state to state, but there are some principles which are consistent when working with children and young people.

Confidential information may include:

  • a young person’s name, address, date of birth, gender identity, sexuality;
  • things the young person tells you about themselves;
  • things other people tell you about the young person, e.g. a doctor’s report on medical conditions;
  • the fact a young person was, or is, a client of your agency;
  • things that happen involving the young person at your agency
  • things you observe about the young person, i.e. their behaviour
  • your professional judgements or opinions about the young person; and
  • physical information like photographs or drawings of the young person.

Sometimes it might be beneficial to encourage a young person to share some information about their life. Below are some examples of how to do this ethically and with respect.

  • Asking the young person for consent to involve family or other relevant people.
  • Encouraging the young person to share with people in their life if it benefits them.
  • Discussing approaches to sharing information with their supports.

Strategies to prioritise the young persons interests include:

  • Developing an agreement with the young person on their boundaries, who they’re happy for you to talk to, what they’re happy for you to discuss, and who they don’t want you to share information with.2
  • Always letting the young person know when you’ll be talking to someone, and revisiting your agreement – different circumstances may impact who they want to share with at any given time.
  • Discussing your duty of care with the young person, so they understand they will be supported, involved and informed.2, 6
  • Ensuring case notes are objective and contain only relevant information.

Usually, young people have the right to access their files. So when speaking to family or friends, ask if there’s anything the young person isn’t aware of in their files, or which might affect them adversely if it’s disclosed.

Remember - never pressure a young person to share information.

There may be times when the information shared with you has impacted your own mental health or wellbeing. Be self-aware of Second-hand trauma from hearing someone else’s trauma.vicarious trauma in your work.

Vicarious trauma is a normal response when you have ongoing exposure to other people’s trauma. It can be an A risk you might be subjected to by doing a certain job.occupational risk in a job where you support young people who have experienced trauma.

Hearing, seeing and learning about their experiences can affect you and many aspects of your personal life. Employers have a duty of care to provide you with a safe workplace that minimises risks to your physical and mental health.9

This is why boundaries are a form of self-care. Make sure to practise self-care and check in with supervisors for support. There are many ways to share your own experiences without breaking confidentiality.

For a visual summary, download the ACT Government’s Vicarious Trauma poster.

  1. Office of the Children’s Guardian. (December 2021). Codes of Conduct: a guide to developing child safe Codes of Conduct. https://ocg.nsw.gov.au/sites/default/files/2021-12/ChildSafeCodeofConduct_1_3.pdf
  2. Jesuit Social Services. (2009). Confidentiality and Duty of Care Issues.  http://www.strongbonds.jss.org.au/workers/professional/confidentiality.html
  3. Youthlaw. (2012). ‘What Do I Do When...?’.  http://youthlaw.asn.au/wp-content/uploads/2012/08/What-Do-I-Do-When_2012.pdf
  4. Commission for Children and Young People. (29 November 2022). Information Sheet 9 Sexual misconduct under the Reportable Conduct Scheme. https://ccyp.vic.gov.au/resources/reportable-conduct-scheme/reportable-conduct-scheme-information-sheets#RCSInfo9
  5. Commission for Children and Young People. (n.d.). About the Reportable Conduct Scheme. https://ccyp.vic.gov.au/reportable-conduct-scheme/about-the-reportable-conduct-scheme/
  6. Department of Families, Fairness and Housing. (2023). Mandatory Reporting. https://providers.dffh.vic.gov.au/mandatory-reporting
  7. Victorian Government. (25 July 2023). MARAM practice guides and resources. https://www.vic.gov.au/maram-practice-guides-and-resources
  8. Victorian Government. (30 March 2021). About the Victorian Family Violence Data Collection Framework. https://www.vic.gov.au/about-victorian-family-violence-data-collection-framework
  9. WorkSafe Victoria. (11 May 2023). Work-related stress – violent or traumatic events.  https://www.worksafe.vic.gov.au/work-related-stress-violent-or-traumatic-events