For the purpose of Kincoppal-Rose Bay School’s procedural guidelines relating to Information Exchange, any staff member who wishes to request or provide information under Chapter 16A must only do so via the Head of Agency, being the Principal. No Staff member may exchange information in accordance with Chapter 16A without explicit instructions from the Principal. Refer to Child Wellbeing & Child Protection – NSW Interagency Guidelines for further information pertaining to Information Exchange- Chapter 16A.
Procedures for Responding to Allegations of Reportable Conduct against an Employee The following procedural guidelines have been devised to ensure a consistent and effective response to allegations and convictions of reportable conduct against employees in a way that protects children as well as upholding the rights of the employee who has an allegation of reportable conduct made against them.
Procedural Fairness Kincoppal-Rose Bay School aims to meet the requirements of procedural fairness in its investigation of allegations of reportable conduct against employees. The requirements are as follows: 1. Investigations must be conducted in an impartial, independent and objective manner and be open and transparent. The investigator must not show bias or favour to the alleged victim, the employee, nor in outcomes which might affect the reputation of the School. 2. The process needs to be carried out in a timely manner without undue delay at each stage of the process. 3. In cases where it is determined that the School does not have the expertise to satisfactorily conduct the investigation or in cases where a conflict of interest or bias may arise, an external investigator should be appointed. 4. The employee must be presumed innocent unless the allegation is sustained (on the balance of probabilities). When interviewed, the employee shall be informed of the presumption of innocence that exists under both civil and Church law. 5. The employee should be advised of the general nature of the allegation, in enough detail to be able to offer a response, and a summary of the employer’s investigation process prior to being interviewed. 6. The employee should be given a reasonable opportunity to respond to the allegation and to any findings or recommended disciplinary action. 7. The employee and alleged victim should be made aware of their right to have a support person. 8. The employee should be made aware of the rights of access to material in the investigation file. 9. The employee, student, notifier, witnesses, the employer, and any other person involved in an allegation and its investigation are all entitled to appropriate confidentiality and protection of their privacy. This is subject to limits, including mandatory reporting requirements and the possibility of documents and witnesses being subpoenaed for legal proceedings. 10. The employee does not have the automatic right to know the identity of the person making the allegation, but they will usually be informed of the identity of the alleged victim in order to be able to respond to the allegation. - 12 -