A newly released NSW Ombudsman investigation has denounced DCJ’s longstanding practice of closing ROSH reports on the stated basis that it has inadequate resourcing to undertake the necessary investigation and assessment of risk.
“No Capacity to Allocate” – The Department of Communities and Justice’s practice of closing ROSH (Risk of Significant Harm) reports found this practice is contrary to DCJ’s statutory responsibilities, but has become ingrained as ‘business as usual’.
A child is considered at ROSH when there are significant current concerns for that child’s safety, welfare or well-being, including as a result of actual, suspected or anticipated physical or sexual abuse, or neglect. ROSH reports can be made to DCJ’s Child Protection Helpline, and most reports are made by ‘mandatory reporters’, including schools, police, hospital and health care practitioners, and non-government agencies working with children.
“By closing reports without the necessary investigation and assessment, and despite caseworkers having concerns and in some cases serious concerns, that the child is at ROSH, DCJ is failing its statutory responsibility under the Care Act (Children and Young Persons [Care and Protection] Act 1998),” NSW Ombudsman Paul Miller stated.
The Ombudsman, the Coroner and others have long raised concerns about the practice, and recent data has shown no year-on-year improvements, with 65% of ROSH reports screened in by DCJ’s Helpline closed without being allocated for investigation by a caseworker due to “no capacity to allocate” in 2024–25.
“This investigation sought to look beyond these high-level numbers and focus on a closer examination of what DCJ’s statutory responsibilities actually require and examine the policies and day-to-day practices currently used by DCJ to perform them.”
Another practice highlighted by the Ombudsman as inconsistent with the Care Act is DCJ’s directive that ROSH reports are to be routinely closed if they have not been allocated to a caseworker within 28 days. The Ombudsman also found that DCJ failed to provide clear and comprehensive policies, guidance and support to empower staff decision making in accordance with the legislation.
As a result of these findings, the Ombudsman has recommended DCJ conduct a comprehensive review and reform of its ROSH (and related) policies, practices and tools. It has also suggested the NSW Government consider whether the relevant provisions of the Care Act should be reviewed and improved. The Ombudsman states both recommendations should be followed with the rollout of revised and comprehensive training to all relevant staff.
In the interim, while DCJ pursues the necessary reform program of its child protection system, recommendations have also been made for actions that DCJ should take immediately. These include abolishing the policy of closing ROSH reports based solely on the passing of an arbitrary timeframe (such as the ‘28-day rule’), reviewing the policy definitions and guidance on ‘duplicate reports’ to reduce inappropriate closures of reports, and requiring staff to record reasons for reports being ‘closed’ in all cases, including identifying any risk considerations and prioritisation judgments made, and not merely citing resource constraints.
“By undertaking a close analysis of the law, policies and practices in this area, our report can contribute to specific and meaningful lessons, and resultant reform,” Mr Miller continued.
“Caseworkers have some of the most difficult, yet critical and impactful jobs in society. They should be supported by laws, policies and practices that are clear and consistent, and that support them to make the best decisions to identify and respond to those children who are most at risk.”
