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Managing allegations of child abuse

An allegation of child abuse is a very serious matter and must be handled with a high degree of sensitivity.

Here's an outline of the investigative process:

Initial response

  • Clarify the allegation - who? what? when? where? Use a standardised reporting form
  • Follow established contact procedures
  • In consultation with the Child Protection Officer, assess the risks posed by the employee to the children under care
  • Take interim action to ensure the safety of the children
  • Report to DoCS and NSW Police if necessary
  • Address the support needs of the child and the employee

Guilt?

  • As a member of a team, each person is entitled to be treated fairly and to have his or her workmates support them and not think (and say) the worst - it starts with you!
  • Every person who has an allegation of abuse against them must be considered innocent until proven otherwise. Remember, at this stage it's an allegation only.

Next steps

  • Identify relevant people to provide information eg witnesses
  • Do not interview the child. This process will be dealt with by DoCS or the Police.
  • Document the details and the plan
  • The head of the organisation may appoint an independent person to conduct the investigation

Information gathering

  • Collect relevant documentary evidence (eg DoCS report number, rosters) and sufficient information to assist in decision making
  • Ensure all witness interviews are adequately recorded. Interview records must be signed and dated.
  • In consultation with CEO, review initial risk assessment and take action to address concerns

Procedural fairness and natural justice

  • After the initial stage of the investigation, the allegation will be put to the employee in an interview with the disciplinary board.
  • The employee has the right to have an observer present during the interview and to consult an adviser (eg a solicitor, union official or friend) about the process.
  • The employee will have an opportunity to respond both during the interview and (if they wish) in a written submission.
  • All proceedings are subject to strict confidentiality and each party must maintain that confidentiality.

Making a finding

  • The organisation will consider all the information gathered
  • A finding as to whether the allegation is sustained or not sustained will be made
  • The rationale for the finding must be clearly documented
  • The person making the decision will be separate to the investigator.

Taking action

  • A decision about what action to take will be made with possible
  • 1. disciplinary action
  • 2. amendments to policy/procedures
  • If the allegation is sustained a report will be made to the Commission for Children and Young People (CCYP) (see also: Working with Children Check forms).
  • A final report is made to the organisation

Final result

  • A finding of sustained or not sustained will be delivered.
  • If the finding is not sustained the disciplinary process is concluded and no report is made to CCYP.
  • If the finding is sustained a report will be made to CCYP re child related disciplinary proceedings. This will be recorded on the Commission's database.