DEPARTMENT OF COMMUNITY SERVICES ALLEGATIONS AGAINST EMPLOYEES  Information Sheet - NSW Ombudsman

                         

Who is the NSW Ombudsman?

The NSW Ombudsman is responsible for overseeing and monitoring the way DoCS handles allegations made against employees including authorised carers. When we receive an allegation against an employee we must tell the NSW Ombudsman.  The NSW Ombudsman’s role is to ensure that investigations are properly conducted and that appropriate action is taken as a result of the investigation.

 The NSW Ombudsman can:

·         Require DoCS to provide more information;

·         Monitor the way DoCS conducts investigations;

·         Have one of their staff present as an observer during any interviews;

·         Conduct its own investigation or look at the way DoCS has handled the matter;

·         Receive complaints about any aspect of a DoCS inquiry into the matter.

 Who does the NSW Ombudsman include under the term ‘employee’

An ‘employee’ is any salaried officer of DoCS and any other person who is engaged by DoCS to provide a service to a child or children.  Authorised carers are considered employees for the purposes of the NSW Ombudsman.

Why does the NSW Ombudsman need to know? Some allegations that involve possible abuse of a child or children are known as allegations of reportable conduct. The Ombudsman Act 1974 (the Act) requires us to notify the NSW Ombudsman of allegations of reportable conduct made against our employees even if we think they are unfounded.

 What is reportable conduct?

Allegations that may be reportable conduct include:

a)       Any sexual offence, or sexual misconduct, committed against, with or in the presence of a child (including pornography offence), or

b)       Any assault, ill-treatment or neglect of a child, or

c)       Any behaviour that causes psychological harm to a child, whether or not in any case, with the consent of the child.

 Will I be told if I am notified to the NSW Ombudsman?

Yes, we will inform you in writing whether or not your name has been notified to the NSW Ombudsman. 

 What information do we provide to the NSW Ombudsman?

When notifying the NSW Ombudsman about an allegation of “reportable conduct” we must provide:

·         The name and particulars of the employee

·         Details of the allegation or conviction

·         Complete records and a history of our investigation into the allegations

·         Recommendations about disciplinary action in relation to the employee and the reasons for taking or not taking any action (including matters related to foster carers authorisation status)

·         Any written submissions made to us by the employee about what action should be taken against them.

 What if I have a complaint about the way an investigation has been conducted?

If you have a complaint about the way an investigation has been conducted you should speak with the officer handling the investigation.  If you are not satisfied with their response then you should speak with the Foster Carer Liaison Officer at the DoCS Complaints Unit, on telephone number 1800 000 164 (free call).

 If you are not satisfied with our response you can contact the NSW Ombudsman. The NSW Ombudsman can:

§         handle complaints about the investigation process.

§         investigate an allegation, or an agency’s handling of an allegation, if significant concerns are held about a situation.

§         provide advice and guidance to agencies who are investigating allegations against their employees, so that children’s rights to a safe environment are balanced with employees’ rights to a proper investigation.