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"No capacity to allocate": the Department of Communities and Justice's practice of closing ROSH (Risk of Significant Harm) reports
The Department of Communities and Justice (DCJ) is the lead agency for the NSW child protection system. Its functions are primarily governed by the Children and Young Persons (Care and Protection) Act 1998 (Care Act). Under the Care Act, anyone who suspects a child is at risk of significant harm (ROSH) may make a report to DCJ’s Child Protection Helpline (Helpline). A child is at ROSH when certain circumstances are present, to a significant extent, that mean that there are current concerns for that child’s safety, welfare or wellbeing.
This report concerns the NSW Ombudsman's investigation into whether the conduct of DCJ when assessing, responding to and closing ROSH reports may amount to or involve wrong conduct (that is, maladministration).
The report denounces 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. The Ombudsman has found that this practice is contrary to DCJ’s statutory responsibilities, but has become ingrained as ‘business as usual’. As a result of these findings, the NSW Ombudsman has recommended DCJ conduct a comprehensive review and reform of its ROSH (and related) policies, practices and tools.
Key findings
- In 2024-25, 65% of ROSH reports screened in by DCJ’s Helpline were closed due to "no capacity to allocate".
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. - The Ombudsman has recommended DCJ conduct a comprehensive review and reform of its ROSH (and related) policies, practices and tools.
- While DCJ pursues the necessary reform program of its child protection system, recommendations have also been made for actions that DCJ should take immediately.
- Recognising the practical reality of finite resourcing, the report highlights why this makes proper risk assessment, triage and prioritisation even more important.
