By Luke Geary, Partner and Gabrielle Perkins, Law Graduate

The Queensland Parliament passed the Child Safe Organisations Act 2024 on 19 September 2024 (the Act). The Act introduces child safe standards and a reportable conduct scheme as initially recommended in the Final Report of the Royal Commission into Institutional Responses to Child Sexual Abuse.

The Queensland Government, following extensive policy development, impact analysis and consultation, including public consultation through the Growing Child Safe Organisations in Queensland Consultation Regulatory Impact Statement in 2023, recently approved a Queensland model that is an integrated child safe organisations system within a single independent oversight body.

Very recently, time frames for compliance have been brought forward and this is now an urgent matter for relevant organisations. Below, we set out the requirements at a high level.

The Who, What and When of the Child Safe Standards

The following child safe standards will apply to an entity in Queensland:

1. child safety and wellbeing is embedded in the entity’s organisational leadership, governance and culture;
2. children are informed about their rights, participate in decisions affecting them and are taken seriously;
3. families and communities are informed and involved in promoting child safety and wellbeing;
4. equity is upheld and diverse needs respected in policy and practice;
5. people working with children are suitable and supported to reflect child safety and wellbeing values in practice;
6. processes to respond to complaints and concerns are child-focused;
7. staff and volunteers of the entity are equipped with the knowledge, skills and awareness to keep children safe through ongoing education and training;
8. physical and online environments promote safety and wellbeing and minimise the opportunity for children to be harmed;
9. implementation of the child safe standards is regularly reviewed and improved; and
10. policies and procedures document how the entity is safe for children.

These standards are the same as the 10 National Principles of Child Safety acknowledged by the Royal Commission into Institutional Responses to Child Sexual Abuse.

The entities these standards apply to are:

• Accommodation or residential services;
• Religious bodies;
• Early childhood education and care services;
• Child protection services;
• Services for children with disability;
• Education services;
• Health services;
• Justice or detention services;
• Services or activities provided primarily for children;
• Commercial services for children;
• Transport or transport-related services;
• Community services; and
• Government entities.

The date of commencement for the child safe standards, is dependent on the entity itself:

• Commencing compliance 1 October 2025:
  1. Child protection;
  2. Services for children with a disability;
  3. Justice or detention services; and
  4. Government organisations.
• Commencing compliance 1 January 2026:
  1. Accommodation and residential services;
  2. Education services;
  3. Health services;
  4. Early childhood education, care and child-minding services; and
  5. Community services.
• Commencing compliance 1 April 2026:
  1. Commercial services for children;
  2. Transport services provided specifically for children;
  3. Religious bodies; and
  4. Services or activities provided primarily for children.

Whilst entities should be aware of these standards, given they are the same as the 10 National Principles of Child Safety, entities should urgently seek advice as to whether their current implementation of these standards are up to the requirements of the Act.

The Who, What and When of the Reportable Conduct Scheme

The implementation of the reportable conduct scheme has strict requirements that a ‘reporting entity’ must follow and have in place.

A ‘reporting entity’ includes entities which cares for, supervise or exercise authority over children whether as a primary function or otherwise, including:

• Accommodation or residential services;
• Religious bodies;
• Early childhood education and care services;
• Child protection services;
• Services for children with disability;
• Education services;
• Health services;
• Justice or detention services; and
• Government entities.

The head of a reporting entity must ensure the entity has in place:

1. a system for preventing the commission of reportable conduct by a worker of the entity in the course of performing work for the entity; and
2. a system for enabling any person, including a worker of the entity, to notify the head of the entity of a reportable allegation or reportable conviction relating to a worker of the entity of which the person becomes aware; and
3. a system for enabling any person, including a worker of the entity, to notify the Queensland Family & Child Commission (the Commission) of a reportable allegation or reportable conviction involving the head of the entity of which the person becomes aware; and
4. a system for investigating and responding to a reportable allegation or reportable conviction relating to a worker of the entity.

Reportable conduct is defined as the following:

1. a child sexual offence;
2. sexual misconduct committed in relation to, or in the presence of, a child;
3. ill-treatment of a child;
4. significant neglect of a child;
5. physical violence committed in relation to, or in the presence of, a child;
6. behaviour that causes significant emotional or psychological harm to a child.

Reportable allegation is defined as an allegation or other information which leads a person to form a reasonable belief that a worker of the reportable entity has committed:

1. reportable conduct; or
2. misconduct that may involve reportable conduct.

It is irrelevant whether or not the conduct or misconduct is alleged to have occurred in the course of the worker performing work for the reporting entity.

A reportable conviction, of a worker of a reporting entity, is a conviction for an offence committed by the worker against a law of a State or the Commonwealth that may involve reportable conduct. A conviction includes the following:

1. a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded;
2. a spent conviction, or a conviction that has become spent under a law of another State or the Commonwealth.

If a worker becomes aware of a reportable allegation or reportable conviction of a worker of a reporting entity, they must as soon as practicable –

1. report the mater to the head of the reporting entity; or
2. if the matter relates to the head of the reporting entity – report the matter to the Commissi

The head of the reporting entity is then required:

1. within 3 business days after becoming aware of the allegation or a longer period the Commission has agreed to, unless they have a reasonable excuse – give the Commission written notice about an allegation or conviction;
2. within 30 business days after becoming aware of the allegation, or a longer period the Commission has agreed to, unless they have a reasonable excuse – follow up with a written report;
3. as soon as practicable after becoming aware about an allegation or conviction –
   1. 1. ensure an investigation of the allegation or conviction is conducted;
      2. notify the Commission that the investigation is being conducted and provide contact details for a person the commission may contact in relation to the investigation;
4. once the investigation is complete – prepare and provide the Commission with a final report.

The Commission may monitor compliance with the Reportable Conduct Scheme and a reporting entities investigation.

There are various start dates for the reporting entities:

• Commencing compliance 1 July 2026
  1. Child protection
  2. Services for children with a disability
  3. Justice or detention services
  4. Government organisations
  5. Education services
  6. Early education, care and child-minding services
  7. Accommodation and residential services
  8. Health services
  9. Religious bodies

Note, whilst the Act itself states that education services, early education, care and child-minding services, accommodation or residential services and religious services are to commence compliance 1 January 2027 and 1 July 2027, respectively, the Queensland Government have released a statement saying that the Reportable Conduct Scheme has been brought forward and will now require compliance for all sectors by 1 July 2026. It is anticipated that there will soon be amendments made to the Act to reflect this intention.

Allegations previously raised

The Act does not apply in relation to conduct engaged in, or the conviction of, a worker before the start date for the entity unless, after the entity’s start date –

1. a person reports the matter to the head of the reporting entity; and
2. the worker is performing work for the reporting entity when the matter is reported.

A head of a reporting entity may voluntarily comply with the Act in relation to conduct engaged in by a worker before the start date for the entity. By complying with chapter 3 in relation to the worker’s conduct, chapters 4 and 5 apply to the head of the entity in relation to information relating to the conduct.

Given the Queensland Government’s recent statement bringing forward compliance for some entities by a year, it is extremely important that any affected organisation urgently seek advice on how they can comply with the law.