Child Safe Organisations Bill 2024 – What Schools & Other Child Services need to know.

The new Child Safe Organisations Bill 2024 (“the Bill”) will come into effect from October 2025, and will apply to all “child safe entities”. A child safe entity is any entity that provides services or facilities specifically for children. The Bill specifically states that this will include schools, religious bodies and early childhood education and care services eg childcare centres, Kindies, and OSHC services (Schools, Religious bodies and Care services).  

All Schools, Religious bodies and Care services should ensure that they take the time to read and understand the Bill, as it imposes new and important obligations on education providers, which are likely to have a significant impact on how they function. 

We outline some of the main sections of the Bill below. 

Child Safe Standards

The first thing that the Bill outlines are new “Child Safe Standards”. These are extensive, and include requirements such as: 

1. 1. The promotion of child safety and wellbeing within an entity’s organisational governance 
   2. Informing children about their rights and allowing them to participate in decisions affecting them 
   3. Ensuring that complaints processes are child-focused 
   4. Ensuring that online environments promote safety and wellbeing for children 
   5. Promoting the right to cultural safety for children who are Aboriginal persons or Torres Strait Islander persons. 

Under the Bill, all Schools, Religious bodies and Care services must implement and comply with the new Child Safe Standards, and must have regard to the Queensland Family and Child Commission’s (the Commission) guidelines when doing so. Similar standards/requirements have been in place in Victoria for some time, and some helpful information on how to implement and comply with the Child Safe Standards can be found on the Victorian Government’s website: https://www.vic.gov.au/child-safe-standards-schools-and-school-boarding-premises.  

The Queensland Family and Child Commission has also created some informational fact sheets and guidance which may be of assistance to schools and other child safe entities, which can be accessed on their website: https://www.qfcc.qld.gov.au/childsafe.

Investigations for Reportable Conduct

The Bill also outlines a specific process and requirement for investigations and reports into misconduct or concerning behaviour. This process applies to all current and former “workers” of a School, Religious body, or Care service – “worker” includes employees, volunteers, contractors/consultants, trainees, executive officers, and ministers of religion. 

In particular, the Bill requires that Schools, Religious bodies and Care services must have a system in place to notify the head of the School, Religious body, or Care service and the Commission of reportable allegations and reportable convictions. 

Reportable allegations are those that lead a person to reasonably believe that a worker of a relevant entity has committed reportable conduct or misconduct that could involve reportable conduct. An allegation is reportable even if the conduct does not occur in the course of the accused’s work with the School, Religious body, or Care service – i.e. if the allegation relates to the person’s personal life, it can still be reportable. 

“Reportable Conduct” is defined in the Bill as any of the following conduct, whether or not criminal proceedings have been commenced: 

1. 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. 

The Bill specifies that persons becoming aware of a reportable allegation must report it to the head of the School, Religious body, or Care service as soon as possible, but can also report it to the Commission at any time.  

The head is required to notify the Commission in writing in a report within 3 business days of becoming aware of the allegation or conviction, and is also required give an interim report within 30 business days. Schools, Religious bodies and Care services can be exempt from these reporting if they have “the competence and resources to investigate a reportable allegation or conviction without the oversight of the Commission” and they have “demonstrated competence in taking appropriate action in response to a finding of reportable conduct”. 

The Bill also grants broad powers to the Commission to conduct investigations, including powers to enter premises with a warrant to collect information, powers to require reasonable help or the provision of personal details (and penalties for non-compliance), and powers to enforce penalties for persons or entities that “obstruct” an officer from exercising their other powers.

Information and Confidentiality

The overarching principles are that information should be disclosed quickly and completely (i.e. providing all relevant information, not simply providing the specific information requested), and should be done so appropriately having regard to the need to protect children from harm and promote the safety, wellbeing, and best interests of all children. In doing so, entities must protect the identity of the specific child whose information is being provided as much as possible. 

The Bill allows heads of relevant organisations (e.g. Queensland Police, DOCS, the Department of Education, etc.) to communicate and share information with each other as required for things like risk management, investigations, and to protect children from harm. This includes schools and other child safe entities in circumstances where a worker of that entity is/has been the subject of a reportable allegation or conviction. There is also provision for Schools, Religious bodies and Care services to obtain information from Queensland Police (and Police Prosecutions) if required as part of their investigations into reportable conduct – see section 52 of the Bill. 

Strict confidentiality requirements apply for information obtained through this sharing scheme (including large penalties for unauthorised disclosures), however, the Bill does allow information to be disclosed to individual people who are subject to or affected by an investigation (e.g. children and their parents) where it is appropriate to do so – see section 50 and 56 of the Bill.

Next Steps

As the Bill comes into effect, it is important that child safe entities, particularly schools, review all of their policies and procedures to ensure that they are compliant. 

Vocare Law is well equipped to assist our Schools & Education clients with a wealth of collective knowledge and over decades experience providing insight and advice in this area. Please don’t hesitate to contact our office if you have any questions or require assistance to review or update your policies ahead of October 2025. Contact us on 1300-VOC-LAW / 1300-862-529 or email: enquiry@vocarelaw.com.au

This article was written by Tabitha Gulley.