This article applies to subscribers in Queensland that care for, supervise or exercise authority over children.

Child Safe Organisations Act 2024 (Qld)

On 19 September 2024, the Child Safe Organisations Act 2024 (Qld) (the Act) was passed by the Queensland Parliament, with a phased commencement approach.

While parts of the Act commenced on 1 October 2025 and established ‘child safe entities’, most relevantly for this article, on 1 July 2026, Chapter 3 of the Act will commence, which establishes the Reportable Conduct Scheme (the RCS). Organisations which are ‘reporting entities’ and subject to the RCS are also ‘child safe entities’.

What’s new?

The key changes made by the Act are:

• the establishment of the RCS applying to organisations with a high level of responsibility for children;
• the ability to share information between entities, with confidentiality requirements; and
• establishing the Queensland Family and Child Commission (the Commission) as the independent oversight body responsible for administering the RCS.

Further Information

Who does this apply to?

The new legislation will apply to ‘reporting entities’, meaning an entity:

• that cares for, supervises or exercises authority over children, whether as a primary function or otherwise; and
• that is either:
  • mentioned in Schedule 2 of the Act; or
  • prescribed by regulation.

The prescribed entities under Schedule 2 of the Act will be subject to the RCS in a phased approach as follows:

• As of 1 July 2026, the following entities will be subject to the RCS:
  • child protection services (e.g. a provider of child protection or support services for parents and families relating to child protection);
  • services for children with disability (e.g. an NDIS service provider);
  • justice or detention services (e.g. a provider of programs/services to support, help, and reintegrate into the community children who have committed offences);
  • government entities (e.g. a public sector entity or a local government).

• As of 1 January 2027, the following entities will be subject to the RCS:
  • accommodation or residential services (e.g. a provider of supported accommodation services, emergency accommodation or student residential colleges);
  • education services (e.g. State and non-State schools; registered training organisations; universities);
  • health services (e.g. a Hospital and Health Service under the Hospital and Health Boards Act 2011 (Qld); a provider of mental health services).

• As of 1 July 2027, the following entities will be subject to the RCS:
  • religious bodies (e.g. a chaplaincy service; church services or youth groups);
  • early childhood education and care services (e.g. an approved provider under the Education and Care Services National Law (Queensland)).

What is the RCS?

The RCS is intended to focus on institutions that exercise a high degree of responsibility for children and/or engage in activities that involve a heightened risk of child sexual abuse.

The RCS is based on the primary principle that the protection of children from harm, and the wellbeing and best interests of children, are paramount.

Some other principles underpinning the RCS include:

• the right to cultural safety of children who are Aboriginal persons or Torres Strait Islander persons is to be promoted;
• children should be given the opportunity to be consulted and express views freely in relation to reportable allegations or reportable convictions;
• information should be shared between the Commission, sector regulators and reporting entities in a timely way in relation to reportable allegations and reportable convictions to minimise the risk of harm to children; etc.

In the Act, reportable conduct means (except where such conduct is reasonable for the discipline, management or care of a child):

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

In the Act, a reportable allegation is an allegation or other information that leads a person to form a reasonable belief that a worker of a reporting entity has committed reportable conduct or misconduct that may involve reportable conduct.

In the Act, 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

What does this mean for compliance?

The obligations under the RCS are primarily on the ‘head of a reporting entity’, meaning the chief executive of the entity in the first instance, or otherwise a principal officer or other person or holder of a position approved by the Commission.

Pursuant to Chapter 3 of the Act, the head of a prescribed reporting entity (in their phased approach) will be required to:

• ensure systems are in place for: preventing reportable conduct, enabling reporting to the entity or Commission in relation to their workers, and investigating and responding to reportable allegations against and convictions of their workers;
• notify the Commission of reportable allegations or convictions that they become aware of against their workers through an initial report and interim report as applicable – penalty of 100 units;
• arrange for an investigation of the reportable allegation or reportable conviction, and provide a final report to the Commission which includes findings as to whether the worker engaged in reportable conduct – penalty of 100 units; and
• ensure it does not disclose information under the Act if the disclosure would put the safety or wellbeing of the child or any other person at risk or prejudice a proceeding or investigation.

Currently in Queensland, 100 penalty units is $16,690.

What you should do

Organisations should consider if they come within the scope of a reporting entity at any of the phased approaches and if so, plan next steps to stay on top of the legislation rollout.

Organisations should map their current practices against the RCS, identifying gaps or inconsistencies where new policies, procedures, and training will need to be implemented.