How You’re Informed of a CIMS

When a decision is made to investigate allegations against a carer, the carer’s agency is responsible for advising of these, firstly verbally and then in writing. The written advice is provided in a formal letter detailing the allegations made.  In some circumstances, carers will receive an initial letter advising of an investigation with a subsequent letter detailing the allegations.

Will My Foster Children Be Removed?

Where allegations are of a serious nature, particularly physical or sexual abuse allegations, foster children will be moved to an interim placement for the duration of the investigation.

SOCIT Investigations

Where allegations relate to sexual or physical abuse, a referral is provided to the Sexual Offences and Child Abuse Investigation Team (SOCIT) of Victoria Police. SOCIT will conduct a preliminary investigation of the allegations then decide if these constitute a potential criminal offence. If SOCIT does not pursue the allegations further, an investigation is then be undertaken by the carer’s agency.

Carer CIMS Interviews

Carers should not participate in a CIMS interview without written advice of the allegations and appropriate notice that enables them to prepare their responses to the allegations. Interviews are recorded either by written interview notes or electronic recording. Electronically recorded interviews are then transcribed. Following their interview, carers should always be provided with an interview transcript so they can check for any mistakes or misinterpretations. Carers have the right to have a support person present at their interview. The carer’s support person cannot be someone who has direct involvement with the incident under consideration.

Requests for Review of an Investigation Outcome

If a carer disagrees with a decision or recommendation of an incident investigation or incident review, they can make a written request for a review of the decision to the Chief Executive Officer or delegated authority of their foster care agency. This written request for a review of a decision must be submitted within 14 working days of parties being notified of the outcome decision. The agency then has 28 working days, from when the carer’s written request was received, to complete the review. This timeframe can be extended when a review is considering complex information/ investigation.

The Reportable Conduct Scheme

The Reportable Conduct Scheme is administered by the Commission for Children and Young People. The Scheme independently oversees and monitors organisations’ responses to reportable allegations and, when appropriate, make recommendations to improve responses.

Working With Children Checks

In certain circumstances, the Reportable Conduct Scheme will notify the Working with Children Check (WWCC) Unit Victoria that reportable conduct has been substantiated for the purposes of a Working with Children Check reassessment under the Working with Children Act 2005.

 The Working with Children Check Unit will notify a carer that that their eligibility to have a WWCC clearance is being reviewed. The carer can then provide a written submission to the Working with Children Check Unit in response to the review, explaining why they should remain eligible to retain a WWCC clearance.

 Worker and Carer Exclusion Scheme

The Worker and Carer Exclusion Scheme commenced on 1 July 2024. It replaces the Victorian Carer Register and the Suitability Panel. The Worker and Carer Exclusion Scheme is designed to address risks posed by individual workers and foster carers that require additional interventions. 

A worker or carer can be excluded from working for a Worker and Carer Exclusion Scheme service if they:

• have engaged in conduct that can lead to exclusion, and

• are found by a Worker and Carer Exclusion Panel to pose an unjustifiable risk of harm to children.

An interim exclusion may be issued to a worker or carer while an investigation or panel process is underway.

Following a CIMS investigation, a further investigation of allegations may be authorised by the Social Services Regulator, an independent statutory authority established under the Social Services Regulation Act 2021 (Vic) (SSR Act).

Panels under the Worker and Carer Exclusion Scheme

The Social Services Regulator will appoint the panels. The panels will be made up of at least 3 people including a chairperson. The chair must have legal qualifications and experience. Other panel members must have qualifications and experience in either:

• law

• social work

• psychology

• behaviour of criminal offenders, or

• other relevant disciplines.

Panels will conduct hearings to make decisions about whether a worker or carer is to be excluded from working in the out-of-home care sector. A carer is entitled to be present, make submissions and be legally represented.  Hearings are not open to the public.

How can the FCAV assist?

The FCAV Carer Advocates can provide advice and support to foster carers from the time they are advised of a CIMS investigation through to a Panel Hearing. This support includes:

• Preparing foster carers for their interviews and attending interviews as a carer’s support person.

• Following up investigation delays.

• Assisting foster carers with requests for investigation outcome reviews.

• Supporting foster carers through Panel processes and hearings.

• Assisting foster carers whose Working with Children Checks are subject to review.

The FCAV’s Carer Assistance Program is also available for foster carers who require emotional support during the course of their investigation/s. More information is available at this link: Carer Assistance Program (CAP)