More than 6 years after the Royal Commission into Institutional Reponses to Child Sexual Abuse (Royal Commission) delivered its Final Report, Queensland is implementing its recommendations with the introduction of the Child Safe Organisations Bill.
Following a five-year inquiry, the Royal Commission presented its Final Report in December 2017. In this report, the Royal Commission recommended that state and territory governments:
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- require relevant organisations to comply with 10 Child Safe Standards; and
- establish nationally consistent reportable conduct schemes to provide independent oversight of organisational responses to allegations of child abuse.
The Child Safe Organisations Bill 2024 (the Bill) will deliver the Queensland Government’s commitment to implement the Child Safe Standards and Reportable Conduct Scheme recommendations made by the Royal Commission through the enactment of two protective schemes, which will be monitored, guided and enforced by the Queensland Family and Child Commission.
The Bill’s definitions of “Child Safe Entities” and “Reporting Entities” casts a wide net on organisations that work with children. Organisations that will be impacted by the Bill include (but are not limited to) schools, religious bodies, early childhood care, health services, disability services and community services.
Child Safe Standards
The Child Safe Standards are principle-based and outcome focused standards designed to effectively improve the safety of child in institutions. The Standards are intended to be applied to Child Safe Entities in a flexible way, guided by an organisation’s structure, size, level of risk and characteristics. Many organisations will already have these standards in place as per the Human Right’s Commission’s National Principles which are built upon the work of the Royal Commission. For a list of the Standards as outlined in the Bill, click here.
Reportable Conduct Scheme
The Reportable Conduct Scheme outlines procedure for the reporting of certain conduct, as well as reportable allegations and convictions. Reporting Entities will be required to ensure that systems are in place to prevent, notify and investigate reportable conduct in the prescribed manner.
What action should organisations take now?
The Bill establishes a phased approach for the commencement of enforcing the Child Safe Standards and Reportable Conduct Scheme. Obligations under the Standards will commence for certain sectors from 1 October 2025 and for all Child Safe Entities by 1 April 2026. Obligations under the Scheme will commence for certain sectors from 1 July 2026 and for all Reporting Entities by 1 July 2027.
In preparation for the proposed changes, we recommend that organisations affected by the Bill seek to become familiar with the Child Safe Standards and Reportable Conduct Scheme and consider how these may be applied and enforced within the organisation through an audit of current organisation policies and procedures.
Our team of Charity and Not-for-Proffit Lawyers are experienced in providing advice to organisations that work with children regarding governance, policy and procedure. If your organisation is looking for advice, please contact us today on 1300 862 529.
This article was written by Sarah Gates & Jessica Lipsett.