On Monday, EduResearch Matters published the AARE Early Childhood Special Interest Group’s response to the Australian childcare crisis. Here’s Queensland’s approach.
Queensland schools, childcare centres and other organisations that work with children are now required to formally report and investigate allegations of concerning behaviour by staff and volunteers under the state’s new Reportable Conduct Scheme. The scheme, introduced on July 1, is designed to strengthen child protection by ensuring organisations respond to allegations that may not reach the threshold for police involvement but nevertheless pose risks to children.
Queensland has introduced two significant reforms aimed at improving child safety, under the Child Safe Organisations Act 2024 (Qld).
First, the legislation incorporates the 10 Child Safe Standards, which reflect the National Principles for Child Safe Organisations. These principles emerged from recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse and place responsibility on organisations to create cultures that prioritise the safety and wellbeing of children.
This legislation now applies to approximately 40,000 organisations across Queensland. These include schools and early childhood centres, government departments, health services, police, churches, sporting clubs, disability support services, and businesses that provide services to children. The standards require organisations to move beyond reactive approaches to child protection and instead take proactive steps to prevent harm. Professional learning for leaders and staff will be central to achieving these objectives.
The second major reform introduced by the Act is the Reportable Conduct Scheme, which commenced on 1 July 2026. The scheme requires organisations covered by the legislation to establish formal processes for reporting and investigating allegations of child abuse and misconduct involving employees or volunteers. While the Child Safe Standards focus primarily on prevention, the Reportable Conduct Scheme provides a structured response when concerns arise.
What conduct must be reported?
The scheme identifies six categories of reportable conduct. They are: child sexual offences; sexual misconduct; ill-treatment of a child;significant neglect of a child; physical violence towards or in the presence of, a child; and
behaviour that causes significant emotional or psychological harm.
Some of these behaviours may constitute criminal offences and therefore require police involvement. Others may not meet the threshold for criminal investigation but may still indicate unacceptable conduct that places children at risk. The legislation recognises this distinction and provides guidance to assist organisational leaders in determining whether an allegation meets the definition of reportable conduct.
How will it work? The Queensland Family and Child Commission (QFCC) is responsible for overseeing the implementation of the scheme. It receives notifications of reportable conduct.
When an organisation becomes aware of an allegation that may constitute reportable conduct, it must notify the QFCC within three business days. The organisation must then investigate the matter and provide an interim report within 30 days. A final report outlining the findings and outcomes of the investigation must be submitted as soon as practicable thereafter. Failure to comply with reporting obligations can result in significant penalties for organisational leaders.
Implications for schools and childcare centres
For schools and childcare services, the new scheme requires robust reporting and investigation processes. Staff need to know how concerns can be raised and whom they should contact. Multiple reporting pathways, including online systems, telephone reporting, email notifications and standardised reporting forms, may assist organisations in meeting these obligations.
Clear policies and procedures are also essential. Staff must understand their responsibilities under the scheme and know how allegations will be managed. School and childcare centres will need to ensure that leaders are appropriately trained to assess reports and coordinate investigations.
The legislation also requires organisations to develop investigation plans that meet the prescribed standards. Investigations may be undertaken internally by suitably trained personnel or conducted by external investigators with specialist expertise in child protection matters.
The Reportable Conduct Scheme does not replace existing child protection obligations. Mandatory reporting requirements under the Child Protection Act 1999 (Qld) remain in place, as do professional misconduct reporting obligations to bodies such as the Queensland College of Teachers.
In practice, a single incident may trigger multiple reporting responsibilities across different regulatory frameworks.
Will the scheme make children safer?
The effectiveness of the Reportable Conduct Scheme will ultimately depend on its implementation. The legislation provides organisations with clearer responsibilities, stronger accountability mechanisms and greater oversight of allegations involving staff and volunteers. By addressing concerning behaviour before it escalates into more serious misconduct, the scheme has the potential to strengthen child protection across Queensland’s education and care sectors.
But legislation reform alone cannot create child-safe organisations. Effective implementation requires investment in staff training, organisational cultures that support reporting, and leadership committed to acting on concerns when they arise. If these elements are in place, the new scheme may represent an important step towards creating safer environments for children.
What next?
Child safety is a shared responsibility. Queensland’s Reportable Conduct Scheme provides schools, childcare centres and other organisations with a clearer framework for recognising, reporting and responding to concerning behaviour. By strengthening accountability and promoting early intervention, the scheme seeks to better protect children – the most vulnerable members of our communities.
Mark Butlin is a lecturer at the University of Southern Queensland in the School of Education and Creative Arts, primarily in assessment and education law. He is program director of sscondary education in the school. He has a PhD in in education law and is lead author of a national textbook on the subject Law and Ethics for Australian Teachers. Mark also appears as an expert witness in cases before the courts in the area of education law.
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