Allegations and complaints

If you’re unhappy with a decision or service from DCJ or your non-government agency, the best person to speak to is your caseworker or their manager. Most issues are resolved faster at this level.

If the complaint remains unresolved, contact a more senior manager, such as a manager of client services or the operations manager for your agency.

The DCJ Complaints Unit

If you are a DCJ carer and you’re still dissatisfied, contact the DCJ Complaints Unit. The Complaints Unit will listen to your complaint and is often able to resolve the issue promptly. If not, they will refer it to the right person. They will let you know what they are going to do with your complaint and the timeframes for getting back to you. Your options are to:

• call the Complaints Unit on 1800 000 164 to talk directly with a complaints officer
• email the Complaints Unit at complaints@community.nsw.gov.au
• complete the complaint form available on the DCJ website and fax it to (02) 9716 2196
• complete the complaint form and post it to:

  Reply Paid 63437
  Complaints Manager
  Communities and Justice
  Locked Bag 4028
  Ashfield NSW 2131.

If you are a carer with a non-government agency, the resolution of your complaint may be supported by either an internal or external unit.

The NSW Ombudsman

If you remain unhappy with the response you have received, you can take your complaint to the NSW Ombudsman’s Office. The Ombudsman is an independent body that oversees a range of agencies in NSW, including those that deliver services to children. The Ombudsman is responsible for making sure that agencies are aware of their responsibilities to the public and act reasonably as well as lawfully.

From time to time, allegations of inappropriate conduct or behaviour towards children and young people are made against carers. Education, training, good parenting practices and a strong connection to your caseworker can help prevent situations that may be seen as inappropriate. However, even the best carers can have allegations made against them.

What is a reportable allegation?

Allegations arise for a variety of reasons. When an allegation is made against a carer, DCJ or the relevant non-government agency is required to determine whether the allegation constitutes a reportable allegation under the Ombudsman Act 1974. Reportable allegations include any:

• sexual offence or sexual misconduct committed against, with, or in the presence of a child (including a child pornography offence)
• assault, ill-treatment or neglect of a child
• behaviour that causes psychological harm to a child whether or not, in all cases, with the consent of the child
• behaviour that may not meet the requirements of the Code of Conduct, for example, if a carer physically punishes (smacks) a child in care.

Investigations are based on fairness to the carer who is the subject of the allegation, while giving the highest possible priority to the safety and wellbeing of the child or young person.

What happens when an allegation is made?

The DCJ Reportable Conduct Unit investigates allegations of reportable conduct made about DCJ carers.

When a non-government agency receives concerning information about a carer’s treatment of a child, the agency decides if it fits the definition of an allegation of reportable conduct. If it does, an investigation is carried out.

To ensure the welfare of the child or young person and any other children living in the house, it may be necessary to remove them from the home during the investigation. This decision is made following an assessment of the safety and welfare of the child or children in care. If the concerns meet the threshold of reportable conduct and an investigation is carried out, the carer will be:

• told there is an allegation
• told what the allegation is in as much detail as possible so they can respond and give information that they think is important about the event or allegation
• able to have a support person present if they choose to be interviewed during the investigation
• able to ask questions, provide information and seek a review after a finding is made, if they believe not all the relevant information was known.

The carer will be notified of the allegation once FACS or the relevant agency has the information it needs to provide a clear and accurate decision about the conduct.

All details, records and documents about the case are treated confidentially. Only people who have a direct role in the investigation are included in discussions and correspondence. Confidentiality is extremely important for protecting all concerned from undue stress and making sure the investigation and assessment process is fair.

What are the next steps?

If DCJ or the relevant agency decides that the carer’s conduct fits the definition of an allegation of reportable conduct, the agency:

• plans an investigation, gathers evidence and gives the carer the opportunity to respond to each allegation of reportable conduct
• completes an investigation report and makes findings for each allegation of reportable conduct
• tells the carer the outcome in writing
• may make recommendations about what should happen next, for example, providing support to children or reviewing the carer’s situation to determine if they are able to continue caring for children in out-of-home care.
• may notify the Office of the Children’s Guardian or the NSW Ombudsman about the allegation and what action the agency has taken. The NSW Ombudsman ensures the government and certain non-government agencies in NSW have systems in place for preventing reportable conduct and handling reportable allegations and convictions involving their employees
• updates the Carers Register.

If it is decided that the conduct does not fit the definition of an allegation of reportable conduct, the agency and sometimes DCJ decide what further action is required to keep the child safe.

Allegations of reportable conduct may be found to be:

• sustained (meaning there is sufficient evidence to prove reportable conduct occurred)
• not sustained (meaning there is insufficient evidence to prove reportable conduct occurred)
• not reportable conduct (meaning that the investigation found that the incident or conduct did occur, but it did not reach the level of reportable conduct).

How to request a review

Carers may request a review of the findings of an investigation. To do so, they must either provide new information (that was not considered in the investigation) or explain how they think information was not properly considered in the investigation. Requests for a review of findings from a non-government agency should be sent to the head of the agency. Requests for a review of DCJ findings should be sent to the address below.

Communities and Justice
Director
Reportable Conduct Unit
Locked Bag 4028
Ashfield NSW 2131
(02) 9716 2222

If the carer is not satisfied with the review, they can contact the NSW Ombudsman and ask that the Ombudsman look into the matter.

NSW Ombudsman
Website: ombo.nsw.gov.au
(02) 9286 1000 (Sydney metro)
1800 451 524 (outside Sydney metro)

What can a carer do if authorisation is cancelled?

If an agency decides to de-authorise a carer, the carer must be advised in writing of the reasons for the decision and their appeal rights. If a carer has been de-authorised, their first option is to request an internal review by the agency. If they’re dissatisfied with this, they can ask for an independent review with the NSW Civil and Administrative Tribunal (NCAT).

NSW Civil and Administrative Tribunal (NCAT)
Website: ncat.nsw.gov.au
1300 006 228

Support for carers with an allegation against them

Carers with an allegation against them will be given contact details for organisations that can support them through the reportable conduct process and provide advice or counselling. The service is confidential and free of charge to carers.

Carers can also seek advice, advocacy and support from Connecting Carers NSW.

My Forever Family NSW
Website: myforeverfamily.org.au
1300 782 975 (Monday to Friday, 9am to 7pm)