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, g mbudsman New South Wales

otification form Part B

InstIL ctions for completing and sending the notification form to the Ombudsman

Completing the form

Part A of the notification form, re luting to the details of the people involved, the allegation and the agency's init ial response, is to be sent to the Ombudsman's office within 30 days of the head of agency becoming aware of the reportable allegation or conviction against an employee.

Part B of the notification form, which details the findings of the investigation, should be completed when the investigation is finalised. Part B should be accompanied by copies of all material re levant to the investigation and decision making. This includes recorns of interview, memoranda, emails, file notes of conversations , and copies of correspondence to/ from persons or agencies.

The notification form can be photocopied for multiple use.

Delivery instructions

To maintain a high level of confidentia lity, the notification form and any other documents relating to the investigation of a reportable allegation or conviction against an employee must only be sent to the Ombudsman by:

registered mail

hand delivery. or

courier.

Addressed to:

Attention - Employment Related Child Protection Division NSW Ombudsman Level 24 580 George Street Sydney NSW 2000

REGISTERED POST - SENDER TO KEEP

539725279014 Lodgement Receipt Please complete and lodge over the counter with your article

Sende, to [{] solocled .orvico.

D Extra Cover (Over $100 up to $5.000)

required' $ Am,"" I I llescripl io'l ----------1 of OOlltl3JltS·

Registered Post Optional Services: o Delivery Confirmation

D Person to Person

Additional fee is payable for each service.

Used in conjunction with the following domostic service (PlEASE nCK ONE) o Registered Post 0 Express Post Platinum 0 Signa lure item prepared throu

Item addressed to: Com any name For the attention of PO Box number or street address Suburb or town State J have read and agree to the informarioll Uti the reverse side of this reccipr. Sender's Sender's

* iff

n~.~m~e ____________________ ~rig~n=at~w~e __________________ ~D.=t~. ________ __

lIutrRAU"

EnqUiries please call 13 13 1 B 4J ~OST

ISI.0001.001.0447

2

PARTS

Outcome of the Investigation

To be completed at the conclusion of the Investigation of the reportable allegation(s) or conviction(s). Please attach copies of supporting documentation and complete the following.

1. Agency details

Name of agency: I Interchange Shoalhaven

Your easel reference number:

Ombudsman reference: I C-2012-2731

Employee Ihe subjecl of Ihe allegations: IRoyce Comber

2. Procedural fairness

2.1 Describe the allegation(s) that you put to the employee. Attach copies of al l relevant documents, including correspondence, emails and records of interview with the employee.

Inappropriate sexual conduct against a child. Allegation investigated by the Disability Trust

2.2 How was the employee informed of and asked to respond 10 the allegation(s)?

D In writing [(] Verbally

D Not informed _ Reason'. rl----'------------------------,

2.3 By whot method did the employee respond to the allegation(s);

D Written statement [{] Interview [{] Did not provide a response

2.4 If the employee was interviewed, was the employee invited 10 have a support person attend the interview with them?

[{] Yes

D No-why?

2.5 Did the employee opt for a support person?

D Yes [{] No

2.6 What was the employee's response to the allegation(s) that were put to them?

he denied the allegations as per tanscript of interview with the Disability Trust

NSW Ombudsman Employment relaled chid proleclion August 2012

ISI.0001.001.0448

'Note: Please use this page for the primary or most serious incident and copy for additional incidents

3.1 Does this notification concem more than one reportable allegation?

[{] y, * h ? r.9..mOl'B 01 ; 0 N es - ow many. ~ a ':,; ~ !l6Ir1J

Finding Category of conduct

Alleged conduct was found to be:

0 Sustained 9 0 Sexual offence

0 Not sustained - insufficient 0 Sexual misconduct

evidence 0 Physical assault

0 Behaviour causing psychological harm to a child10

0 Neglect

0 III-treatment

OR

Alleged conduct was found to be:

[{] Not sustained - lack of any 0 Misconduct but not reportable evidence of weight conduct

0 False 0 Not misconduct

0 Not reportable conduct

3.2 State the reason(s) for your finding(s):

3.3

as outlined in report from Illawarra Disability Trust invstigation

Was the matter sent to the CCYP?

o Yes - Category 0 0 2 o No-Got03.5

3.4 Date sent to CCYP:

Note: Please provide a copy of the CCYP notification form to the Ombudsman

CCYP requirement

Require notification to the CCYP as a relevant employment proceeding (REP)

Not reportable to the CCYP as REPs

9 Although there may be some circumstances where a sexual offence or physical ass8.ult may be su:>tClined un the balance of probabilities, laking IfIlu account the Briginshaw Principle, caution should be exercised when reaching a sustained finding of R. sexual offenclO or ptlysic..:al assault in the absence of a convicliorl. II a court has flul found thai suct) an offence has occurred. agencies can consider whether or not sexual misconduct or ill-treatment (the in8.ppropriate use 01 physical force) has uccurred

10 In certain circumstances where a child h::ls been exposed 10 prolonged and serious dUl1lestic violence it may be appropriate to infer psychological harm: however, in such cases it would be appropriate to discuss the proposed findings with this ottice prior tu making i::l determination.

NSW Ombudsman Employment related child prote~tiDn - August 2012 3

ISI.0001.001.0449

4

3.5 If the matter was not reported to the CCYP was it exempted under a Class or Kind Agreement between CCYP and your agency?

D Yes D No

Available findings

Sustained There IS sufficient evidence that the reportable conduct occurred.

Not sustained - There is some evidence that reportable conduct occurred, however, there is insufficient evidence not enough evidence to make a conclusive finding.

Not sustained - lack of A reportable allegation has been made, however, there is no evidence of evidence of weight weight that the reportable conduct occurred.

False There is clear evidence to show that the alleged conduct did not occur. Some of these matters may be vexatious, for example, where inquiries into the matter show the allegation was made without substance and to cause distress to the person against whom the allegation was made.

Not reportable conduct Inquirics show that the conduct was not reportable conduct. For example, conduct that constituted misconduct but did not reach the threshold of reportable conduct, the use of force that was trivial or negligiblc in the Circumstances, conduct that was reasonable in the circumstances or accidental. This may also inc lude 'm isconceived' matters, where inquiries show that, even thou gh the allegation was made In good faith, it was based on a misunderstand ing of what actually occurred and the incident was not reportable conduct.

4. Final action taken at the end of the agency investigation

4.1 Describe the action taken by your agency (including risk assessment and management) at the conclusion of the investigation in respect to the employee who was the subject of the reportable allegation:

As the allegation remains unresolved due to lack of evidence, it was deemed that, allowing Royce to continue in direct care work with individuals with a disability, posed a risk to individuals still accessing one-on-one care , posed a risk to Royce in expos ing him to families aware of the allegation and posed a risk to the service reputation. This was communicated to Royce by letter. Outcome reviewed after viewing all information from police and the Disability Trust and found to be sustained

Relevant disciplinary action:

D No acti on alter investigation

D Caution or warning

D Training

D Performance monitoring

D Restrict/change duties

NSW Dmlxtdsman Ellllloyment feiatetl cl1l!d protection August 2012

D Other disciplinary action

D Dismissed

D Allowed to resign o Other _ specify: Irn-o-m-o-re-c-as-u-a-I-w-o-r-k-o-ff-e-re-d-'

ISI.0001.001.0450

4.2 What other action has been taken or is proposed by your agency as a result of the investigation? (eg review of procedures, training, changes to policies).

4.3 What other issues arose during the investigation that your agency considers relevant?

4.4 Date investigation completed: 124/09/2012

4.5 Name, title and signature of person completing notification to Ombudsman:

Name: 1 Janet Bundey

~==================~ 1 Manager Title:

Signature:

NSW Ombudsman Employment related child protection August 2012 5

ISI.0001.001.0451