Reportable conduct investigations that are also police investigations

Under the Child and Youth Safe Organisations Framework, a leader of an organisation who must comply under the Framework must report to the Independent Regulator and undertake an investigation of the reportable conduct allegation.

Where conduct is suspected to be criminal, the leader of an organisation must also notify Tasmania Police so they may conduct a criminal investigation.

Both Tasmania Police and organisations under the Reportable Conduct Scheme have a duty to take appropriate steps when certain harms have allegedly been done to a child or young person.

Tasmania Police has a commitment to bring offenders to justice, recognising that the safety and protection of children and young people is paramount when investigating, prosecuting and ensuring community safety.

Organisations have a responsibility to children, young people, their families and communities, to take quick and appropriate action for their safety.

Concurrent Investigations

In circumstances where reportable conduct is also a criminal offence, concurrent investigations (by both the organisation and Tasmania Police) will be running in relation to the same alleged incident.

For example, an organisation may be investigating an instance of physical violence by a worker against a child, that may also constitute an assault and be investigated by Tasmania Police.

Concurrent investigations enable organisations take immediate action to protect children and young people from harm without delay, For example, an organisation may need to stand down an employee before a criminal investigation is complete to ensure they do not pose an ongoing risk to children.

However, it is imperative that wherever possible a police investigation is not compromised by an agency or organisation undertaking their investigation.

Where a leader of an organisation notifies Tasmania Police of a suspected criminal offence, they must work collaboratively with Tasmania Police on investigation approaches and information sharing.

Key principles for concurrent investigations

Principle	Description
Initial notification	leaders of organisations notify Tasmania Police where there is a suspected criminal activity Tasmania Police notify the leader of an organisation if they commence an investigation into an allegation against a worker of the organisation.
Investigations	investigations are co-ordinated in a way that ensures the safety and wellbeing of children and young people is paramount methods and purposes of investigations will be different, acknowledging the different legal responsibilities.
Information sharing	regular and open communication and exchange of information (as permitted by the Child and Youth Safe Organisations Act 2023), to ensure: investigations occur in a timely manner where possible, victim-survivors do not have to repeat their account obligations to report child abuse are being met. where relevant to either investigation, evidence will be shared as soon as practicable communication with affected parties is appropriate and consistent, recognising the needs of children and young people and their guardians to know what is happening.

You need to know where your information is being shared. - Young victim-survivor of child sexual abuse

What we heard from young victim-survivors of child sexual abuse:

whilst investigations are taking place, the child or young person should be supported to identify a trusted adult (not part of the investigation) who can provide safe and consistent support
unless it places the child or young person at risk, communicate with their parents or carers, and do so prior to going to the Police
ensure the child, or young person has the opportunity to add, change, or otherwise revise their evidence after their initial disclosure
tell the child or young person what steps you are legally required to take, so things don’t ‘come out the blue’
where legal duties conflict with what the child or young person would like to happen, work with them to come to a mutual and suitable compromise
clearly convey how the child or young person’s information will be shared and with whom, in particular the child or young person needs to know what the alleged worker will be told and not told.