ch.1-pt.1
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Queensland act
The Child Safe Organisations Act 2024 requires designated organisations that care for or supervise children to implement ten child‑safe standards and a universal cultural‑safety principle, and establishes a commission to monitor, investigate and enforce compliance using compliance notices, enforceable undertakings, publication and court applications (secs 9, 11, 13, 18–24, 23). Heads of reporting entities must run prevention, reporting and investigation systems and notify the commission of allegations or convictions; organisations bear compliance costs and face penalties while the commission and sector regulators hold discretionary information and enforcement powers (secs 30, 34, 19, 39, 24).
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Direct links to the current provisions in Child Safe Organisations Act 2024 .
This Act may be cited as the Child Safe Organisations Act 2024 .
This Act, other than the provisions mentioned in subsections (2) to (4) , commences on 1 October 2025. Schedule 1 , sections 1 , 3 , 6 , 7 and 12 commence on 1 January 2026. The following provisions commence on 1 April 2026— chapter 10 , parts 4 and 5 , other than section 128 ; schedule 1 , sections 2 , 9 , 10 and 11 ; schedules 4 and 5 . The following provisions commence on 1 July 2026— section 3 (2) (c) and (d) ; chapter 3 ; chapter 4 , part 3 ; section 58 (1) (b) and (c) ; section 59 (1) (b) ; section 60 (6) , definition relevant entity , paragraph (d) ; section 91 (2) (b) to (f) and (4) , definition relevant person , paragraphs (b) to (e) ; section 98 (c) ; section 103 (1) (b) ; section 107 (2) ; section 112 ; chapter 10 , part 2 ; section 128 ; schedule 2 . s 2 amd 2025 No. 24 s 39B (sec.2-ssec.1) This Act, other than the provisions mentioned in subsections (2) to (4) , commences on 1 October 2025. (sec.2-ssec.2) Schedule 1 , sections 1 , 3 , 6 , 7 and 12 commence on 1 January 2026. (sec.2-ssec.3) The following provisions commence on 1 April 2026— chapter 10 , parts 4 and 5 , other than section 128 ; schedule 1 , sections 2 , 9 , 10 and 11 ; schedules 4 and 5 . (sec.2-ssec.4) The following provisions commence on 1 July 2026— section 3 (2) (c) and (d) ; chapter 3 ; chapter 4 , part 3 ; section 58 (1) (b) and (c) ; section 59 (1) (b) ; section 60 (6) , definition relevant entity , paragraph (d) ; section 91 (2) (b) to (f) and (4) , definition relevant person , paragraphs (b) to (e) ; section 98 (c) ; section 103 (1) (b) ; section 107 (2) ; section 112 ; chapter 10 , part 2 ; section 128 ; schedule 2 .
The main purposes of this Act are— to protect children from harm; and to promote the safety, wellbeing and best interests of children. The main purposes are to be primarily achieved by— providing for the implementation of, and compliance with, the child safe standards and universal principle by particular entities in Queensland; and the oversight by the commission of the implementation of, and compliance with, the child safe standards and universal principle; and providing for a scheme for— preventing reportable conduct; and reporting, notifying and investigating reportable allegations and reportable convictions; and taking appropriate action in response to findings of reportable conduct; and providing for the oversight by the commission of the scheme mentioned in paragraph (c) . (sec.3-ssec.1) The main purposes of this Act are— to protect children from harm; and to promote the safety, wellbeing and best interests of children. (sec.3-ssec.2) The main purposes are to be primarily achieved by— providing for the implementation of, and compliance with, the child safe standards and universal principle by particular entities in Queensland; and the oversight by the commission of the implementation of, and compliance with, the child safe standards and universal principle; and providing for a scheme for— preventing reportable conduct; and reporting, notifying and investigating reportable allegations and reportable convictions; and taking appropriate action in response to findings of reportable conduct; and providing for the oversight by the commission of the scheme mentioned in paragraph (c) .
This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence. (sec.4-ssec.1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (sec.4-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.
The dictionary in schedule 3 defines particular words used in this Act.
A sector regulator , for a child safe entity or reporting entity, is— a department or other entity, other than the commission, that is— responsible for regulating the child safe entity or reporting entity; and prescribed by regulation as a sector regulator for the child safe entity or reporting entity; or for a child safe entity or reporting entity mentioned in schedule 1 or 2 —a department that provides funding to the child safe entity or reporting entity; or another entity prescribed by regulation as a sector regulator for the child safe entity or reporting entity.
The head of an entity is— for a public sector entity under the Public Sector Act 2022 , section 8 —the chief executive of the public sector entity; or for the police service—the police commissioner; or the person or holder of a position prescribed by regulation as the head of the entity; or otherwise— the chief executive officer of the entity, however described; or if there is no chief executive officer—the principal officer of the entity, however described; or if there is no chief executive officer or principal officer—a person or holder of a position for the entity approved by the commission.
A worker of a child safe entity or reporting entity is an individual who performs work of any kind for the entity, and includes, for example, the following— an employee of the entity; a volunteer; an approved carer, and a member of an approved carer’s household, under the Child Protection Act 1999 , schedule 3 a contractor, subcontractor or consultant; an individual supplied by a provider of labour hire services under the Labour Hire Licensing Act 2017 ; an executive officer of the entity, or another person who is concerned with, or takes part in, the entity’s management, other than a councillor of a local government; a trainee or person undertaking work experience for the entity; if the entity is a religious body—a minister of religion, religious leader or officer of the religious body; if the entity is a sole trader—the individual operating as sole trader; if the child safe entity or reporting entity is the department in which the Child Protection Act 1999 is administered—an honorary officer under schedule 3 of that Act. However, an individual is not a worker if a regulation prescribes the individual as being excluded from the definition under subsection (1) . (sec.8-ssec.1) A worker of a child safe entity or reporting entity is an individual who performs work of any kind for the entity, and includes, for example, the following— an employee of the entity; a volunteer; an approved carer, and a member of an approved carer’s household, under the Child Protection Act 1999 , schedule 3 a contractor, subcontractor or consultant; an individual supplied by a provider of labour hire services under the Labour Hire Licensing Act 2017 ; an executive officer of the entity, or another person who is concerned with, or takes part in, the entity’s management, other than a councillor of a local government; a trainee or person undertaking work experience for the entity; if the entity is a religious body—a minister of religion, religious leader or officer of the religious body; if the entity is a sole trader—the individual operating as sole trader; if the child safe entity or reporting entity is the department in which the Child Protection Act 1999 is administered—an honorary officer under schedule 3 of that Act. (sec.8-ssec.2) However, an individual is not a worker if a regulation prescribes the individual as being excluded from the definition under subsection (1) .
The following standards are the child safe standards applying to an entity— child safety and wellbeing is embedded in the entity’s organisational leadership, governance and culture; children are informed about their rights, participate in decisions affecting them and are taken seriously; families and communities are informed and involved in promoting child safety and wellbeing; equity is upheld and diverse needs respected in policy and practice; people working with children are suitable and supported to reflect child safety and wellbeing values in practice; processes to respond to complaints and concerns are child-focused; staff and volunteers of the entity are equipped with the knowledge, skills and awareness to keep children safe through ongoing education and training; physical and online environments promote safety and wellbeing and minimise the opportunity for children to be harmed; implementation of the child safe standards is regularly reviewed and improved; policies and procedures document how the entity is safe for children.
A child safe entity is an entity— that provides— services specifically for children; or facilities specifically for use by children who are under the supervision of the entity; and that is either— mentioned in schedule 1 ; or prescribed by regulation. However, an individual is not a child safe entity unless the individual carries on a business as an entity mentioned in subsection (1) , including, for example, as a sole trader or partner in a partnership under the Partnership Act 1891 , section 5 . See also section 12 . (sec.10-ssec.1) A child safe entity is an entity— that provides— services specifically for children; or facilities specifically for use by children who are under the supervision of the entity; and that is either— mentioned in schedule 1 ; or prescribed by regulation. (sec.10-ssec.2) However, an individual is not a child safe entity unless the individual carries on a business as an entity mentioned in subsection (1) , including, for example, as a sole trader or partner in a partnership under the Partnership Act 1891 , section 5 .
A child safe entity must implement and comply with the child safe standards. An authorised officer may require a relevant person to give information about a child safe entity’s compliance with this section. See section 91 . In implementing and complying with the child safe standards, a child safe entity must provide an environment that promotes and upholds the right to cultural safety of children who are Aboriginal persons or Torres Strait Islander persons (the universal principle ). A child safe entity must have regard to guidelines made by the commission under section 108 in implementing and complying with the child safe standards and universal principle. (sec.11-ssec.1) A child safe entity must implement and comply with the child safe standards. An authorised officer may require a relevant person to give information about a child safe entity’s compliance with this section. See section 91 . (sec.11-ssec.2) In implementing and complying with the child safe standards, a child safe entity must provide an environment that promotes and upholds the right to cultural safety of children who are Aboriginal persons or Torres Strait Islander persons (the universal principle ). (sec.11-ssec.3) A child safe entity must have regard to guidelines made by the commission under section 108 in implementing and complying with the child safe standards and universal principle.
An entity that is not required to implement and comply with the child safe standards and universal principle under section 11 may ask the Minister, in writing, to declare that the entity is subject to the obligations of a child safe entity under this chapter. If asked under subsection (1) , the Minister must make the declaration by gazette notice. The Minister must, by gazette notice, revoke the declaration if asked in writing by the entity. The entity is, for the period the declaration is in force, taken to be a child safe entity for this Act. (sec.12-ssec.1) An entity that is not required to implement and comply with the child safe standards and universal principle under section 11 may ask the Minister, in writing, to declare that the entity is subject to the obligations of a child safe entity under this chapter. (sec.12-ssec.2) If asked under subsection (1) , the Minister must make the declaration by gazette notice. (sec.12-ssec.3) The Minister must, by gazette notice, revoke the declaration if asked in writing by the entity. (sec.12-ssec.4) The entity is, for the period the declaration is in force, taken to be a child safe entity for this Act.
The commission’s functions for this chapter are— to promote— the safety of children; and the prevention of child abuse; and the proper response to allegations of child abuse; and to promote continuous improvement and best practice by child safe entities to ensure the safety of children; and to promote, monitor and enforce the implementation of, and compliance with, the child safe standards and universal principle by child safe entities; and to collaborate with sector regulators in relation to performing the functions mentioned in paragraphs (a) to (c) ; and to report to the Minister about matters relating to the child safe standards and universal principle. Without limiting subsection (1) , the commission’s functions include— informing and educating entities and the community about the child safe standards and universal principle; and assisting child safe entities in implementing and complying with the child safe standards and universal principle, including by providing oversight, guidance, training and education to those entities; and facilitating the exchange of information under chapter 4 between sector regulators in relation to the implementation of, and compliance with, the child safe standards and universal principle by child safe entities; and collecting, analysing and publishing data in relation to the child safe standards and universal principle. (sec.13-ssec.1) The commission’s functions for this chapter are— to promote— the safety of children; and the prevention of child abuse; and the proper response to allegations of child abuse; and to promote continuous improvement and best practice by child safe entities to ensure the safety of children; and to promote, monitor and enforce the implementation of, and compliance with, the child safe standards and universal principle by child safe entities; and to collaborate with sector regulators in relation to performing the functions mentioned in paragraphs (a) to (c) ; and to report to the Minister about matters relating to the child safe standards and universal principle. (sec.13-ssec.2) Without limiting subsection (1) , the commission’s functions include— informing and educating entities and the community about the child safe standards and universal principle; and assisting child safe entities in implementing and complying with the child safe standards and universal principle, including by providing oversight, guidance, training and education to those entities; and facilitating the exchange of information under chapter 4 between sector regulators in relation to the implementation of, and compliance with, the child safe standards and universal principle by child safe entities; and collecting, analysing and publishing data in relation to the child safe standards and universal principle.
The implementation of, and compliance with, the child safe standards and universal principle by child safe entities and oversight by the commission under this chapter are to be based on the following fundamental principles— child safe entities are responsible for continuously improving the ways in which, in their operations— the safety of children is promoted; and child abuse is prevented; and allegations of child abuse are properly responded to; the commission is to adopt the most effective and proportionate means of assisting child safe entities in implementing and complying with the child safe standards and universal principle; the commission and sector regulators are to collaborate with each other, child safe entities and the community for the purpose of promoting implementation of, and compliance with, the child safe standards and universal principle by child safe entities. Without limiting subsection (1) (c) , collaboration under that subsection includes notifying the commission of issues affecting the proper implementation of, and compliance with, the child safe standards and universal principle by a child safe entity under this chapter. (sec.14-ssec.1) The implementation of, and compliance with, the child safe standards and universal principle by child safe entities and oversight by the commission under this chapter are to be based on the following fundamental principles— child safe entities are responsible for continuously improving the ways in which, in their operations— the safety of children is promoted; and child abuse is prevented; and allegations of child abuse are properly responded to; the commission is to adopt the most effective and proportionate means of assisting child safe entities in implementing and complying with the child safe standards and universal principle; the commission and sector regulators are to collaborate with each other, child safe entities and the community for the purpose of promoting implementation of, and compliance with, the child safe standards and universal principle by child safe entities. (sec.14-ssec.2) Without limiting subsection (1) (c) , collaboration under that subsection includes notifying the commission of issues affecting the proper implementation of, and compliance with, the child safe standards and universal principle by a child safe entity under this chapter.
The commission may monitor the operation of a child safe entity to ensure the entity is implementing and complying with the child safe standards and universal principle.
The commission may, for monitoring a child safe entity under section 15 , direct the head of a child safe entity to conduct a self-assessment of the entity’s implementation of, and compliance with, the child safe standards and universal principle. The direction must— be in writing; and state the requirements for the conduct of the self-assessment; and state that the entity must give the results of the self-assessment to the commission; and state a reasonable period of at least 14 days after the date the direction is given within which the direction must be complied with. (sec.16-ssec.1) The commission may, for monitoring a child safe entity under section 15 , direct the head of a child safe entity to conduct a self-assessment of the entity’s implementation of, and compliance with, the child safe standards and universal principle. (sec.16-ssec.2) The direction must— be in writing; and state the requirements for the conduct of the self-assessment; and state that the entity must give the results of the self-assessment to the commission; and state a reasonable period of at least 14 days after the date the direction is given within which the direction must be complied with.
The commission may, for monitoring a child safe entity under section 15 , give a report (an assessment report ) to a child safe entity to provide guidance or make recommendations to the entity about the entity’s implementation of, and compliance with, the child safe standards and universal principle. If the commission’s assessment report for a child safe entity includes recommendations, the assessment report must also state a reasonable period of at least 14 days after the report is given within which the entity must give the commission a written response to the assessment report, including advice about the entity’s implementation of the commission’s recommendations. (sec.17-ssec.1) The commission may, for monitoring a child safe entity under section 15 , give a report (an assessment report ) to a child safe entity to provide guidance or make recommendations to the entity about the entity’s implementation of, and compliance with, the child safe standards and universal principle. (sec.17-ssec.2) If the commission’s assessment report for a child safe entity includes recommendations, the assessment report must also state a reasonable period of at least 14 days after the report is given within which the entity must give the commission a written response to the assessment report, including advice about the entity’s implementation of the commission’s recommendations.
This section applies if the commission believes a child safe entity is failing to implement or comply with the child safe standards or universal principle. The commission may form a belief that a child safe entity is failing to implement the child safe standards or universal principle if the entity has failed to comply with directions to conduct a self-assessment given under section 16 or has failed to respond to assessment reports given to the entity under section 17 . The commission may give the child safe entity a written notice (a compliance notice ) stating— the reasons for giving the notice; and each child safe standard the commission believes the entity has not implemented or with which the entity has not complied with, or that the commission believes the entity has not implemented or complied with the universal principle; and the action the entity is required to take; and the date by which the entity must take the action; and the action the commission may take if the entity fails to comply with the notice; and that it is an offence to fail to comply with the notice; and the maximum penalty for a failure to comply with the notice. The compliance notice must be accompanied by an information notice about the commission’s decision to give the compliance notice. The date stated in the notice under subsection (2) (d) must be at least 14 days after the notice is given. The child safe entity must comply with the notice, unless the entity has a reasonable excuse. Maximum penalty—100 penalty units. See also section 24 . In this section— child safe entity means— if the child safe entity is a person—the child safe entity; or otherwise—the head of the child safe entity. (sec.18-ssec.1) This section applies if the commission believes a child safe entity is failing to implement or comply with the child safe standards or universal principle. The commission may form a belief that a child safe entity is failing to implement the child safe standards or universal principle if the entity has failed to comply with directions to conduct a self-assessment given under section 16 or has failed to respond to assessment reports given to the entity under section 17 . (sec.18-ssec.2) The commission may give the child safe entity a written notice (a compliance notice ) stating— the reasons for giving the notice; and each child safe standard the commission believes the entity has not implemented or with which the entity has not complied with, or that the commission believes the entity has not implemented or complied with the universal principle; and the action the entity is required to take; and the date by which the entity must take the action; and the action the commission may take if the entity fails to comply with the notice; and that it is an offence to fail to comply with the notice; and the maximum penalty for a failure to comply with the notice. (sec.18-ssec.3) The compliance notice must be accompanied by an information notice about the commission’s decision to give the compliance notice. (sec.18-ssec.4) The date stated in the notice under subsection (2) (d) must be at least 14 days after the notice is given. (sec.18-ssec.5) The child safe entity must comply with the notice, unless the entity has a reasonable excuse. Maximum penalty—100 penalty units. See also section 24 . (sec.18-ssec.6) In this section— child safe entity means— if the child safe entity is a person—the child safe entity; or otherwise—the head of the child safe entity.
The commission may accept a written undertaking complying with subsection (2) from a child safe entity. The written undertaking must— state the name of the child safe entity; state the action the entity will take to ensure the child safe standards and universal principle are implemented and complied with; state the day by which the action mentioned in paragraph (b) is to be taken; be signed by the head of the entity. If the commission decides not to accept the written undertaking, the commission must give written notice of the decision to the child safe entity, including reasons for the decision. If the commission decides to accept the written undertaking, the undertaking takes effect on the day the commission gives written notice of the decision to the child safe entity. A written undertaking accepted under subsection (4) is an enforceable undertaking . (sec.19-ssec.1) The commission may accept a written undertaking complying with subsection (2) from a child safe entity. (sec.19-ssec.2) The written undertaking must— state the name of the child safe entity; state the action the entity will take to ensure the child safe standards and universal principle are implemented and complied with; state the day by which the action mentioned in paragraph (b) is to be taken; be signed by the head of the entity. (sec.19-ssec.3) If the commission decides not to accept the written undertaking, the commission must give written notice of the decision to the child safe entity, including reasons for the decision. (sec.19-ssec.4) If the commission decides to accept the written undertaking, the undertaking takes effect on the day the commission gives written notice of the decision to the child safe entity. (sec.19-ssec.5) A written undertaking accepted under subsection (4) is an enforceable undertaking .
A child safe entity that has given an enforceable undertaking may apply to the commission to amend the enforceable undertaking. The commission may approve the application only if the commission considers the amendment is appropriate in the circumstances and will ensure the child safe entity implements and complies with the child safe standards and universal principle. If the commission refuses the application, the commission must give written notice of the refusal to the child safe entity, including reasons for the decision. If the commission approves the application, the amended enforceable undertaking takes effect on the day the commission gives written notice of the approval to the child safe entity. (sec.20-ssec.1) A child safe entity that has given an enforceable undertaking may apply to the commission to amend the enforceable undertaking. (sec.20-ssec.2) The commission may approve the application only if the commission considers the amendment is appropriate in the circumstances and will ensure the child safe entity implements and complies with the child safe standards and universal principle. (sec.20-ssec.3) If the commission refuses the application, the commission must give written notice of the refusal to the child safe entity, including reasons for the decision. (sec.20-ssec.4) If the commission approves the application, the amended enforceable undertaking takes effect on the day the commission gives written notice of the approval to the child safe entity.
A child safe entity that gives an enforceable undertaking must comply with the undertaking, unless the entity has a reasonable excuse. Maximum penalty—100 penalty units. In this section— child safe entity means— if the child safe entity is a person—the child safe entity; or otherwise—the head of the child safe entity. (sec.21-ssec.1) A child safe entity that gives an enforceable undertaking must comply with the undertaking, unless the entity has a reasonable excuse. Maximum penalty—100 penalty units. (sec.21-ssec.2) In this section— child safe entity means— if the child safe entity is a person—the child safe entity; or otherwise—the head of the child safe entity.
The commission must establish and maintain a register of enforceable undertakings accepted by the commission under this division. The register must— include a copy of each enforceable undertaking that is in effect for a child safe entity; and be available for inspection, free of charge, by members of the public, on the commission’s website. (sec.22-ssec.1) The commission must establish and maintain a register of enforceable undertakings accepted by the commission under this division. (sec.22-ssec.2) The register must— include a copy of each enforceable undertaking that is in effect for a child safe entity; and be available for inspection, free of charge, by members of the public, on the commission’s website.
The commission may apply to the court for an order under this section if the commission is satisfied a child safe entity has failed to comply with— a compliance notice; or an enforceable undertaking. If the court is satisfied the child safe entity has failed to comply with the compliance notice or enforceable undertaking, the court may make 1 or more of the following orders— an order directing the child safe entity to comply with the compliance notice or enforceable undertaking; an order that the child safe entity pay the State as a civil penalty an amount of no more than 100 penalty units; any other order the court considers appropriate. In fixing the penalty, the court must consider— the size of, and resources available to, the child safe entity; and the nature and extent of the non-compliance; and the circumstances in which the contravention took place; and the likely harm caused by the failure to comply; and whether the child safe entity has previously failed to comply with a compliance notice or enforceable undertaking. In this section— court means a Magistrates Court. (sec.23-ssec.1) The commission may apply to the court for an order under this section if the commission is satisfied a child safe entity has failed to comply with— a compliance notice; or an enforceable undertaking. (sec.23-ssec.2) If the court is satisfied the child safe entity has failed to comply with the compliance notice or enforceable undertaking, the court may make 1 or more of the following orders— an order directing the child safe entity to comply with the compliance notice or enforceable undertaking; an order that the child safe entity pay the State as a civil penalty an amount of no more than 100 penalty units; any other order the court considers appropriate. (sec.23-ssec.3) In fixing the penalty, the court must consider— the size of, and resources available to, the child safe entity; and the nature and extent of the non-compliance; and the circumstances in which the contravention took place; and the likely harm caused by the failure to comply; and whether the child safe entity has previously failed to comply with a compliance notice or enforceable undertaking. (sec.23-ssec.4) In this section— court means a Magistrates Court.
This section applies if a child safe entity does not, without reasonable excuse, comply with— a compliance notice; or an enforceable undertaking. The commission may decide to publish on the commission’s website— the name of the child safe entity; and details of the entity’s failure to comply with the compliance notice or enforceable undertaking. However, the commission must not publish the information unless the child safe entity has been given a written notice of the commission’s intention to publish the information, and the entity has been given a reasonable opportunity to respond. If the commission decides to publish information under subsection (2) , the commission must give the child safe entity an information notice for the decision. (sec.24-ssec.1) This section applies if a child safe entity does not, without reasonable excuse, comply with— a compliance notice; or an enforceable undertaking. (sec.24-ssec.2) The commission may decide to publish on the commission’s website— the name of the child safe entity; and details of the entity’s failure to comply with the compliance notice or enforceable undertaking. (sec.24-ssec.3) However, the commission must not publish the information unless the child safe entity has been given a written notice of the commission’s intention to publish the information, and the entity has been given a reasonable opportunity to respond. (sec.24-ssec.4) If the commission decides to publish information under subsection (2) , the commission must give the child safe entity an information notice for the decision.
This chapter is to be administered under the principles stated in this section. The main principle for administering this chapter is that the protection of children from harm, and the wellbeing and best interests of children, are paramount. Other principles for administering this chapter are— the right to cultural safety of children who are Aboriginal persons or Torres Strait Islander persons is to be promoted; and if a child is able to form views on a matter concerning a reportable allegation or reportable conviction and it is appropriate in the circumstances to consult the child— the child should be given the opportunity to express the views freely; and the views should be given due weight in an investigation relating to the allegation or conduct in the circumstances; and criminal conduct or suspected criminal conduct should be reported to the police service promptly; and a police investigation of the subject matter of a reportable allegation or reportable conviction has priority over any other investigation of the conduct under this chapter; and sector regulators have the expertise, knowledge and skills in relation to the reporting entities they regulate and, if their functions permit, can make an important contribution to investigations of reportable allegations and reportable convictions; and the commission and sector regulators should work collaboratively and reduce duplication to the extent possible; and information should be shared between the commission, sector regulators and reporting entities in a timely way in relation to reportable allegations and reportable convictions in order to minimise the risk of harm to children; and individuals who are the subject of an investigation of a reportable allegation or reportable conviction are entitled to be afforded natural justice in the conduct of the investigation; and the commission should— educate and guide reporting entities to improve their ability to identify reportable conduct and report and investigate reportable allegations and reportable convictions; and educate and guide sector regulators to assist reporting entities in complying with this chapter. (sec.25-ssec.1) This chapter is to be administered under the principles stated in this section. (sec.25-ssec.2) The main principle for administering this chapter is that the protection of children from harm, and the wellbeing and best interests of children, are paramount. (sec.25-ssec.3) Other principles for administering this chapter are— the right to cultural safety of children who are Aboriginal persons or Torres Strait Islander persons is to be promoted; and if a child is able to form views on a matter concerning a reportable allegation or reportable conviction and it is appropriate in the circumstances to consult the child— the child should be given the opportunity to express the views freely; and the views should be given due weight in an investigation relating to the allegation or conduct in the circumstances; and criminal conduct or suspected criminal conduct should be reported to the police service promptly; and a police investigation of the subject matter of a reportable allegation or reportable conviction has priority over any other investigation of the conduct under this chapter; and sector regulators have the expertise, knowledge and skills in relation to the reporting entities they regulate and, if their functions permit, can make an important contribution to investigations of reportable allegations and reportable convictions; and the commission and sector regulators should work collaboratively and reduce duplication to the extent possible; and information should be shared between the commission, sector regulators and reporting entities in a timely way in relation to reportable allegations and reportable convictions in order to minimise the risk of harm to children; and individuals who are the subject of an investigation of a reportable allegation or reportable conviction are entitled to be afforded natural justice in the conduct of the investigation; and the commission should— educate and guide reporting entities to improve their ability to identify reportable conduct and report and investigate reportable allegations and reportable convictions; and educate and guide sector regulators to assist reporting entities in complying with this chapter.
The following conduct is reportable conduct — 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. Conduct mentioned in subsection (1) is reportable conduct whether or not a criminal proceeding in relation to the conduct has been commenced or concluded. Conduct may constitute reportable conduct if it is engaged in— as a single act or omission; or as a series of acts or omissions, even if each act or omission does not, of itself, amount to reportable conduct. However, reportable conduct does not include conduct that is reasonable for the discipline, management or care of a child having regard to— the characteristics of the child, including the age, developmental stage and health of the child; and any code of conduct or professional standard applying to the conduct. In this section— child sexual offence means the following— a child sexual offence under the Criminal Code , section 207A ; an offence of a sexual nature committed in the presence of a child; an act or omission committed outside Queensland that would be an offence mentioned in paragraph (a) or (b) if it were committed in Queensland. emotional or psychological harm , to a child, means detriment to the emotional or psychological wellbeing or development of a child. ill-treatment , of a child, means conduct towards the child that is unreasonable and seriously inappropriate, improper, inhumane or cruel. making excessive or degrading demands a pattern of hostile or degrading comments or behaviour using inappropriate forms of behaviour management neglect , of a child, means a failure to meet the basic needs of the child that is deliberate or reckless. physical violence — means— the intentional or reckless application of physical force to a person without lawful justification or excuse; or an act that intentionally or recklessly causes a person to anticipate immediate and unlawful violence to the person; but does not include the application of trivial, negligible or insignificant physical force to a person. sexual misconduct , committed in relation to, or in the presence of, a child means conduct that is sexual in nature, other than conduct that constitutes a child sexual offence. inappropriate touching voyeurism use of sexual language without a legitimate reason (sec.26-ssec.1) The following conduct is reportable conduct — 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. (sec.26-ssec.2) Conduct mentioned in subsection (1) is reportable conduct whether or not a criminal proceeding in relation to the conduct has been commenced or concluded. (sec.26-ssec.3) Conduct may constitute reportable conduct if it is engaged in— as a single act or omission; or as a series of acts or omissions, even if each act or omission does not, of itself, amount to reportable conduct. (sec.26-ssec.4) However, reportable conduct does not include conduct that is reasonable for the discipline, management or care of a child having regard to— the characteristics of the child, including the age, developmental stage and health of the child; and any code of conduct or professional standard applying to the conduct. (sec.26-ssec.5) In this section— child sexual offence means the following— a child sexual offence under the Criminal Code , section 207A ; an offence of a sexual nature committed in the presence of a child; an act or omission committed outside Queensland that would be an offence mentioned in paragraph (a) or (b) if it were committed in Queensland. emotional or psychological harm , to a child, means detriment to the emotional or psychological wellbeing or development of a child. ill-treatment , of a child, means conduct towards the child that is unreasonable and seriously inappropriate, improper, inhumane or cruel. making excessive or degrading demands a pattern of hostile or degrading comments or behaviour using inappropriate forms of behaviour management neglect , of a child, means a failure to meet the basic needs of the child that is deliberate or reckless. physical violence — means— the intentional or reckless application of physical force to a person without lawful justification or excuse; or an act that intentionally or recklessly causes a person to anticipate immediate and unlawful violence to the person; but does not include the application of trivial, negligible or insignificant physical force to a person. sexual misconduct , committed in relation to, or in the presence of, a child means conduct that is sexual in nature, other than conduct that constitutes a child sexual offence. inappropriate touching voyeurism use of sexual language without a legitimate reason
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. For subsection (1) , 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. (sec.27-ssec.1) 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. (sec.27-ssec.2) For subsection (1) , 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. For subsection (1) , a conviction includes the following— a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded; a spent conviction, or a conviction that has become spent under a law of another State or the Commonwealth. (sec.28-ssec.1) 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. (sec.28-ssec.2) For subsection (1) , a conviction includes the following— a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded; a spent conviction, or a conviction that has become spent under a law of another State or the Commonwealth.
A reporting entity is 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 ; or prescribed by regulation.
The head of a reporting entity must ensure the entity has in place— 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 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 a system for enabling any person, including a worker of the entity, to notify the commission of a reportable allegation or reportable conviction involving the head of the entity of which the person becomes aware; and a system for investigating and responding to a reportable allegation or reportable conviction relating to a worker of the entity. For subsection (1) , a system for a matter may include, for example, a policy, practice or procedure about the matter. (sec.30-ssec.1) The head of a reporting entity must ensure the entity has in place— 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 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 a system for enabling any person, including a worker of the entity, to notify the commission of a reportable allegation or reportable conviction involving the head of the entity of which the person becomes aware; and a system for investigating and responding to a reportable allegation or reportable conviction relating to a worker of the entity. (sec.30-ssec.2) For subsection (1) , a system for a matter may include, for example, a policy, practice or procedure about the matter.
The commission may ask the head of a reporting entity for information about a system the head of the entity is required to keep under section 30 . An authorised officer may require a relevant person to give information mentioned in this section. See section 91 . The commission may— consult with a sector regulator for the reporting entity about the information provided by the entity; and make recommendations for action to be taken by the head of the reporting entity in relation to the system, and provide any necessary information relating to the recommendations. (sec.31-ssec.1) The commission may ask the head of a reporting entity for information about a system the head of the entity is required to keep under section 30 . An authorised officer may require a relevant person to give information mentioned in this section. See section 91 . (sec.31-ssec.2) The commission may— consult with a sector regulator for the reporting entity about the information provided by the entity; and make recommendations for action to be taken by the head of the reporting entity in relation to the system, and provide any necessary information relating to the recommendations.
In this part, worker of an entity includes a former worker of the entity, if— for a reportable allegation—the alleged conduct the subject of the allegation was engaged in during the period when the worker was performing work for the entity; or for a reportable conviction—the worker was convicted during a period when the worker was performing work for the entity.
This section applies if a person becomes aware of either of the following— a reportable allegation about a worker of a reporting entity; a reportable conviction of a worker of a reporting entity. If the person (the notifier ) who becomes aware of the allegation or conviction mentioned in subsection (1) is also a worker of the reporting entity, the notifier must, as soon as practicable— report the matter to the head of the reporting entity; or if the matter relates to the head of the reporting entity—report the matter to the commission. However, subsection (2) does not apply to the notifier if the notifier reasonably believes the matter has already been reported by another person under that subsection. Any person, including a notifier mentioned in subsection (2) , may notify the commission of a reportable allegation or reportable conviction about a person at any time. To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person fails to comply with subsection (2) . (sec.33-ssec.1) This section applies if a person becomes aware of either of the following— a reportable allegation about a worker of a reporting entity; a reportable conviction of a worker of a reporting entity. (sec.33-ssec.2) If the person (the notifier ) who becomes aware of the allegation or conviction mentioned in subsection (1) is also a worker of the reporting entity, the notifier must, as soon as practicable— report the matter to the head of the reporting entity; or if the matter relates to the head of the reporting entity—report the matter to the commission. (sec.33-ssec.3) However, subsection (2) does not apply to the notifier if the notifier reasonably believes the matter has already been reported by another person under that subsection. (sec.33-ssec.4) Any person, including a notifier mentioned in subsection (2) , may notify the commission of a reportable allegation or reportable conviction about a person at any time. (sec.33-ssec.5) To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person fails to comply with subsection (2) .
This section applies if the head of a reporting entity becomes aware of either of the following— a reportable allegation about a worker of the entity; a reportable conviction of a worker of the entity. Unless the head of the reporting entity has a reasonable excuse, the head of the entity must give the commission written notice about the allegation or conviction mentioned in subsection (1) that complies with section 35 (1) (an initial report ), within— 3 business days after the head of the entity becomes aware of the allegation or conviction; or if the commission agrees to a longer period—the longer period. Maximum penalty—100 penalty units. Also, unless the head of the reporting entity has a reasonable excuse, the head of the entity must give the commission either a written report that complies with section 35 (2) (an interim report ) or final report about the allegation or conviction mentioned in subsection (1) , within— 30 business days after the head of the entity becomes aware of the allegation or conviction; or if the commission agrees to a longer period—the longer period. Maximum penalty—100 penalty units. It is a reasonable excuse for the head of the reporting entity not to comply with a requirement under subsection (2) or (3) if the head of the entity reasonably believes another person has notified the commission of the reportable allegation or reportable conviction under the subsection. (sec.34-ssec.1) This section applies if the head of a reporting entity becomes aware of either of the following— a reportable allegation about a worker of the entity; a reportable conviction of a worker of the entity. (sec.34-ssec.2) Unless the head of the reporting entity has a reasonable excuse, the head of the entity must give the commission written notice about the allegation or conviction mentioned in subsection (1) that complies with section 35 (1) (an initial report ), within— 3 business days after the head of the entity becomes aware of the allegation or conviction; or if the commission agrees to a longer period—the longer period. Maximum penalty—100 penalty units. (sec.34-ssec.3) Also, unless the head of the reporting entity has a reasonable excuse, the head of the entity must give the commission either a written report that complies with section 35 (2) (an interim report ) or final report about the allegation or conviction mentioned in subsection (1) , within— 30 business days after the head of the entity becomes aware of the allegation or conviction; or if the commission agrees to a longer period—the longer period. Maximum penalty—100 penalty units. (sec.34-ssec.4) It is a reasonable excuse for the head of the reporting entity not to comply with a requirement under subsection (2) or (3) if the head of the entity reasonably believes another person has notified the commission of the reportable allegation or reportable conviction under the subsection.
An initial report must include the following information— details of the reportable allegation or reportable conviction; the name, including any former name or alias, of the worker the subject of the reportable allegation or reportable conviction; the date of birth of the worker, if known; the name of the head of the reporting entity; whether the sector regulator for the reporting entity or the police service has been contacted about the reportable allegation or reportable conviction; the reporting entity’s contact details, including its name, address and telephone number; if the worker currently performs work for the reporting entity—any action, including risk management action, taken in response to the reportable allegation or reportable conviction, including, for example— immediate steps taken to prevent the worker from having contact with children; and any disciplinary action taken or proposed to be taken against the worker; any other matter prescribed by regulation. An interim report by the head of a reporting entity must include the following information— the facts and circumstances of the reportable allegation or the reportable conviction, to the extent it is available to the head of the reporting entity; an update on any action, including risk management action, taken in response to the reportable allegation or reportable conviction; and if the worker has made written submissions to the head of the reporting entity in relation to the reportable allegation or reportable conviction—a copy of the worker’s written submissions. (sec.35-ssec.1) An initial report must include the following information— details of the reportable allegation or reportable conviction; the name, including any former name or alias, of the worker the subject of the reportable allegation or reportable conviction; the date of birth of the worker, if known; the name of the head of the reporting entity; whether the sector regulator for the reporting entity or the police service has been contacted about the reportable allegation or reportable conviction; the reporting entity’s contact details, including its name, address and telephone number; if the worker currently performs work for the reporting entity—any action, including risk management action, taken in response to the reportable allegation or reportable conviction, including, for example— immediate steps taken to prevent the worker from having contact with children; and any disciplinary action taken or proposed to be taken against the worker; any other matter prescribed by regulation. (sec.35-ssec.2) An interim report by the head of a reporting entity must include the following information— the facts and circumstances of the reportable allegation or the reportable conviction, to the extent it is available to the head of the reporting entity; an update on any action, including risk management action, taken in response to the reportable allegation or reportable conviction; and if the worker has made written submissions to the head of the reporting entity in relation to the reportable allegation or reportable conviction—a copy of the worker’s written submissions.
As soon as practicable after the head of a reporting entity becomes aware of a reportable allegation or reportable conviction relating to a worker of the entity, the head of the entity must— ensure an investigation of the reportable allegation or reportable conviction is conducted; and 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. However, if the head of the reporting entity is not reasonably able to investigate the reportable allegation or reportable conviction, the head of the entity— need not comply with subsection (1) ; and must, as soon as practicable after the head of the entity becomes aware of the allegation or conviction— notify the commission of the allegation or conviction; and give the commission reasons why the head of the entity can not reasonably investigate. Before an investigation under subsection (1) ends, the head of the reporting entity must ensure the worker the subject of the reportable allegation or reportable conviction is given a written notice stating— any proposed findings for the investigation that may be adverse to the worker; and that the worker may, within a reasonable stated period, give written submissions to the person conducting the investigation about the proposed findings. The head of the reporting entity must ensure the worker’s submissions are considered in preparing a report under section 37 . (sec.36-ssec.1) As soon as practicable after the head of a reporting entity becomes aware of a reportable allegation or reportable conviction relating to a worker of the entity, the head of the entity must— ensure an investigation of the reportable allegation or reportable conviction is conducted; and 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. (sec.36-ssec.2) However, if the head of the reporting entity is not reasonably able to investigate the reportable allegation or reportable conviction, the head of the entity— need not comply with subsection (1) ; and must, as soon as practicable after the head of the entity becomes aware of the allegation or conviction— notify the commission of the allegation or conviction; and give the commission reasons why the head of the entity can not reasonably investigate. (sec.36-ssec.3) Before an investigation under subsection (1) ends, the head of the reporting entity must ensure the worker the subject of the reportable allegation or reportable conviction is given a written notice stating— any proposed findings for the investigation that may be adverse to the worker; and that the worker may, within a reasonable stated period, give written submissions to the person conducting the investigation about the proposed findings. (sec.36-ssec.4) The head of the reporting entity must ensure the worker’s submissions are considered in preparing a report under section 37 .
As soon as practicable after the investigation is completed, the head of the reporting entity must prepare, and give to the commission, a written report that complies with subsection (2) (a final report ). Maximum penalty—100 penalty units. The report must include— information about the facts and circumstances of the reportable allegation or reportable conviction; and the findings the head of the reporting entity has made about the reportable allegation or reportable conviction after completing the investigation, including whether or not the worker has engaged in reportable conduct; and the reasons for the findings; and copies of documents relied on by the head of the reporting entity in making the findings; and statements taken during the investigation documents mentioned in the report submissions made by the worker if the matter involves any other entities—information about whether the matter has been referred to another entity, including details of the other entity; and if the worker currently performs work for the entity—any action, including risk management action, taken in response to the reportable allegation or reportable conviction, including, for example— any immediate steps taken to prevent the worker from having contact with children; and any disciplinary action taken or proposed to be taken against the worker; and any action taken, or proposed to be taken, to improve the reporting entity’s ability to identify reportable conduct and to report and investigate reportable allegations and reportable convictions; and reviewing systems or policies improving the implementation of, and compliance with, the child safe standards and universal principle if no action mentioned in paragraph (f) or (g) is to be taken—the reasons why no action is to be taken. However, subsection (1) does not apply if, before the head of the reporting entity complies with this section— a sector regulator agrees to conduct an investigation of the reportable allegation or reportable conviction under section 42 and the sector regulator has given a written notice asking the entity to end the investigation under that section; or the commission gives a written notice of the commission’s investigation of the reportable allegation or reportable conviction under section 43 (2) (c) asking the head of the entity to end the investigation. (sec.37-ssec.1) As soon as practicable after the investigation is completed, the head of the reporting entity must prepare, and give to the commission, a written report that complies with subsection (2) (a final report ). Maximum penalty—100 penalty units. (sec.37-ssec.2) The report must include— information about the facts and circumstances of the reportable allegation or reportable conviction; and the findings the head of the reporting entity has made about the reportable allegation or reportable conviction after completing the investigation, including whether or not the worker has engaged in reportable conduct; and the reasons for the findings; and copies of documents relied on by the head of the reporting entity in making the findings; and statements taken during the investigation documents mentioned in the report submissions made by the worker if the matter involves any other entities—information about whether the matter has been referred to another entity, including details of the other entity; and if the worker currently performs work for the entity—any action, including risk management action, taken in response to the reportable allegation or reportable conviction, including, for example— any immediate steps taken to prevent the worker from having contact with children; and any disciplinary action taken or proposed to be taken against the worker; and any action taken, or proposed to be taken, to improve the reporting entity’s ability to identify reportable conduct and to report and investigate reportable allegations and reportable convictions; and reviewing systems or policies improving the implementation of, and compliance with, the child safe standards and universal principle if no action mentioned in paragraph (f) or (g) is to be taken—the reasons why no action is to be taken. (sec.37-ssec.3) However, subsection (1) does not apply if, before the head of the reporting entity complies with this section— a sector regulator agrees to conduct an investigation of the reportable allegation or reportable conviction under section 42 and the sector regulator has given a written notice asking the entity to end the investigation under that section; or the commission gives a written notice of the commission’s investigation of the reportable allegation or reportable conviction under section 43 (2) (c) asking the head of the entity to end the investigation.
After receiving the final report, the commission may ask the head of the reporting entity to provide further information the commission considers relevant in relation to— the findings of the head of the entity in relation to the reportable allegation or reportable conviction; or the reporting entity’s response to the findings. An authorised officer may require a relevant person to give information mentioned in this section. See section 91 .
This section applies in relation to a reporting entity if the commission is satisfied— the entity has the competence and resources to investigate a reportable allegation or reportable conviction without the oversight of the commission; and the entity has demonstrated competence in taking appropriate action in response to a finding of reportable conduct. The commission may exempt the reporting entity from complying with section 34 , 35 or 37 , or a particular requirement under section 33 or 36 , in relation to the conduct, or a class of conduct, of workers. If the commission exempts a reporting entity under subsection (2) , the commission must— notify the entity of the exemption; and publish the exemption on the commission’s website. Subsection (5) applies if the commission exempts a reporting entity from the requirement to give a final report about an investigation of conduct, or a class of conduct, the subject of a reportable allegation or reportable conviction. The head of the reporting entity must, as soon as practicable after the completion of an investigation into the conduct, or conduct of that class, give the commission written notice stating— the findings of the head of the entity in relation to the reportable allegation or reportable conviction; and the reasons for the findings; and the action taken by the entity in relation to the findings. A regulation may prescribe a matter for the giving of an exemption by the commission under this section, including, for example, the following— a requirement for the giving of an exemption under subsection (2) ; a limitation on the reporting entities that may be given an exemption. (sec.39-ssec.1) This section applies in relation to a reporting entity if the commission is satisfied— the entity has the competence and resources to investigate a reportable allegation or reportable conviction without the oversight of the commission; and the entity has demonstrated competence in taking appropriate action in response to a finding of reportable conduct. (sec.39-ssec.2) The commission may exempt the reporting entity from complying with section 34 , 35 or 37 , or a particular requirement under section 33 or 36 , in relation to the conduct, or a class of conduct, of workers. (sec.39-ssec.3) If the commission exempts a reporting entity under subsection (2) , the commission must— notify the entity of the exemption; and publish the exemption on the commission’s website. (sec.39-ssec.4) Subsection (5) applies if the commission exempts a reporting entity from the requirement to give a final report about an investigation of conduct, or a class of conduct, the subject of a reportable allegation or reportable conviction. (sec.39-ssec.5) The head of the reporting entity must, as soon as practicable after the completion of an investigation into the conduct, or conduct of that class, give the commission written notice stating— the findings of the head of the entity in relation to the reportable allegation or reportable conviction; and the reasons for the findings; and the action taken by the entity in relation to the findings. (sec.39-ssec.6) A regulation may prescribe a matter for the giving of an exemption by the commission under this section, including, for example, the following— a requirement for the giving of an exemption under subsection (2) ; a limitation on the reporting entities that may be given an exemption.
The commission’s functions for this chapter are— to administer, monitor and enforce compliance with the reportable conduct scheme; and to facilitate the appropriate exchange of information under chapter 4 ; and to educate and provide advice to the public, sector regulators and reporting entities in relation to the reportable conduct scheme and ways to prevent reportable conduct; and to facilitate cooperation between the public, reporting entities, sector regulators and other entities in relation to the conduct of investigations of reportable allegations and reportable convictions; and to report to the Minister about matters relating to the reportable conduct scheme.
If the commission considers it is in the public interest, the commission may monitor the progress of an investigation of a reportable allegation or reportable conviction conducted by the head of a reporting entity. Without limiting subsection (1) , the commission may, for example, do the following to monitor an investigation— observe an interview conducted by or on behalf of the head of the reporting entity; confer with a person carrying out the investigation about the nature, conduct or progress of the investigation; provide guidance and advice to the head of the reporting entity about the investigation; request information relating to the investigation. An authorised officer may require a relevant person to give information mentioned in paragraph (d) . See section 91 . (sec.41-ssec.1) If the commission considers it is in the public interest, the commission may monitor the progress of an investigation of a reportable allegation or reportable conviction conducted by the head of a reporting entity. (sec.41-ssec.2) Without limiting subsection (1) , the commission may, for example, do the following to monitor an investigation— observe an interview conducted by or on behalf of the head of the reporting entity; confer with a person carrying out the investigation about the nature, conduct or progress of the investigation; provide guidance and advice to the head of the reporting entity about the investigation; request information relating to the investigation. An authorised officer may require a relevant person to give information mentioned in paragraph (d) . See section 91 .
The commission may ask a sector regulator for a reporting entity, other than the police service— to investigate a reportable allegation or reportable conviction relating to a worker of the reporting entity; and if the reporting entity has started an investigation of the allegation or conviction—to ask the reporting entity to end its investigation. However, the commission may make a request under subsection (1) only if the sector regulator has the necessary functions and powers in relation to the reporting entity to investigate the allegation or conviction. The sector regulator may agree or refuse to conduct the investigation. If the sector regulator agrees to conduct the investigation, the commission may, by written notice, ask the sector regulator to give the commission information relating to— the investigation being conducted; or the person the subject of the investigation. An authorised officer may require a relevant person to give information mentioned in this section. See section 91 . As soon as practicable after an investigation by the sector regulator ends, the sector regulator must give the following persons written notice about the findings of the investigation— the commission; the head of the reporting entity. The written notice must state the following for the investigation— the sector regulator’s findings, including whether or not reportable conduct has been engaged in by the worker; the reasons for the findings; any recommendations the sector regulator thinks fit, and any necessary information relevant to the recommendations. (sec.42-ssec.1) The commission may ask a sector regulator for a reporting entity, other than the police service— to investigate a reportable allegation or reportable conviction relating to a worker of the reporting entity; and if the reporting entity has started an investigation of the allegation or conviction—to ask the reporting entity to end its investigation. (sec.42-ssec.2) However, the commission may make a request under subsection (1) only if the sector regulator has the necessary functions and powers in relation to the reporting entity to investigate the allegation or conviction. (sec.42-ssec.3) The sector regulator may agree or refuse to conduct the investigation. (sec.42-ssec.4) If the sector regulator agrees to conduct the investigation, the commission may, by written notice, ask the sector regulator to give the commission information relating to— the investigation being conducted; or the person the subject of the investigation. An authorised officer may require a relevant person to give information mentioned in this section. See section 91 . (sec.42-ssec.5) As soon as practicable after an investigation by the sector regulator ends, the sector regulator must give the following persons written notice about the findings of the investigation— the commission; the head of the reporting entity. (sec.42-ssec.6) The written notice must state the following for the investigation— the sector regulator’s findings, including whether or not reportable conduct has been engaged in by the worker; the reasons for the findings; any recommendations the sector regulator thinks fit, and any necessary information relevant to the recommendations.
The commission may, on the commission’s own initiative, investigate a reportable allegation or reportable conviction if any of the following apply— the commission— believes the allegation or conviction relates to a worker of a reporting entity; and considers it is in the public interest that the commission investigate the allegation or conviction; the commission believes the head of the reporting entity required to investigate the allegation or conviction has failed to investigate, or is reasonably unable to investigate, under section 36 ; both of the following apply— the investigation relates to the head of a reporting entity’s handling or investigation of, or response to, the allegation or conviction; the commission considers it is in the public interest that the commission investigate the allegation or conviction; the head of a reporting entity is the subject of the allegation or conviction. An authorised officer may require a relevant person to give information relevant to an investigation conducted under this section. See section 91 . Before the commission starts an investigation under subsection (1) , the commission must give written notice to the head of the reporting entity stating— that the commission will be investigating the allegation or conviction; and the matters to be investigated; and whether the commission is requesting that the head of the reporting entity not to commence, or to end, an investigation of the allegation or conviction. Before the investigation ends, the commission must give the worker the subject of the allegation or conviction a written notice stating— any proposed findings for the investigation that may be adverse to the worker; and that the worker may, within a reasonable stated period, give written submissions to the commission about the proposed findings. The commission must have regard to the worker’s submissions in making its findings for the investigation. (sec.43-ssec.1) The commission may, on the commission’s own initiative, investigate a reportable allegation or reportable conviction if any of the following apply— the commission— believes the allegation or conviction relates to a worker of a reporting entity; and considers it is in the public interest that the commission investigate the allegation or conviction; the commission believes the head of the reporting entity required to investigate the allegation or conviction has failed to investigate, or is reasonably unable to investigate, under section 36 ; both of the following apply— the investigation relates to the head of a reporting entity’s handling or investigation of, or response to, the allegation or conviction; the commission considers it is in the public interest that the commission investigate the allegation or conviction; the head of a reporting entity is the subject of the allegation or conviction. An authorised officer may require a relevant person to give information relevant to an investigation conducted under this section. See section 91 . (sec.43-ssec.2) Before the commission starts an investigation under subsection (1) , the commission must give written notice to the head of the reporting entity stating— that the commission will be investigating the allegation or conviction; and the matters to be investigated; and whether the commission is requesting that the head of the reporting entity not to commence, or to end, an investigation of the allegation or conviction. (sec.43-ssec.3) Before the investigation ends, the commission must give the worker the subject of the allegation or conviction a written notice stating— any proposed findings for the investigation that may be adverse to the worker; and that the worker may, within a reasonable stated period, give written submissions to the commission about the proposed findings. (sec.43-ssec.4) The commission must have regard to the worker’s submissions in making its findings for the investigation.
In conducting an investigation under section 43 , the commission may interview— a child who is the subject of conduct to which the reportable allegation or reportable conviction relates; or a child who may have witnessed conduct to which the reportable allegation or reportable conviction relates. Before interviewing the child, the commission must obtain the consent of the child’s parent or guardian, unless— both of the following apply— the child is at least 16 years and the commission considers the child has sufficient maturity and ability to understand the matters being consented to; it is appropriate in the circumstances not to obtain the consent of the child’s parent or guardian; or It may be appropriate in the circumstances not to obtain the consent of the child’s parent or guardian if the parent or guardian does not have capacity to act in the best interests of the child in relation to the consent. the child’s only parent or guardian is the subject of the investigation; or the child’s parent or guardian can not reasonably be located. If the consent of the child’s parent or guardian is not obtained under subsection (2) , before interviewing the child the commission must obtain the consent of the child. The commission must— ensure the person who conducts the interview has the appropriate qualifications, training or experience in interviewing child victims of alleged abuse; and consider, and take all reasonable steps to mitigate, any negative effect the interview may have on the child; and consider whether it is appropriate for the parent, a person with parental responsibility or guardian of the child to be present during the interview; and ensure the child is offered the opportunity for a support person to be present. If the child is an Aboriginal person or Torres Strait Islander person from an Aboriginal community or Torres Strait Islander community, the child must be offered the opportunity for the support person mentioned in subsection (4) (d) to be a person who is a respected person of that community. (sec.44-ssec.1) In conducting an investigation under section 43 , the commission may interview— a child who is the subject of conduct to which the reportable allegation or reportable conviction relates; or a child who may have witnessed conduct to which the reportable allegation or reportable conviction relates. (sec.44-ssec.2) Before interviewing the child, the commission must obtain the consent of the child’s parent or guardian, unless— both of the following apply— the child is at least 16 years and the commission considers the child has sufficient maturity and ability to understand the matters being consented to; it is appropriate in the circumstances not to obtain the consent of the child’s parent or guardian; or It may be appropriate in the circumstances not to obtain the consent of the child’s parent or guardian if the parent or guardian does not have capacity to act in the best interests of the child in relation to the consent. the child’s only parent or guardian is the subject of the investigation; or the child’s parent or guardian can not reasonably be located. (sec.44-ssec.3) If the consent of the child’s parent or guardian is not obtained under subsection (2) , before interviewing the child the commission must obtain the consent of the child. (sec.44-ssec.4) The commission must— ensure the person who conducts the interview has the appropriate qualifications, training or experience in interviewing child victims of alleged abuse; and consider, and take all reasonable steps to mitigate, any negative effect the interview may have on the child; and consider whether it is appropriate for the parent, a person with parental responsibility or guardian of the child to be present during the interview; and ensure the child is offered the opportunity for a support person to be present. (sec.44-ssec.5) If the child is an Aboriginal person or Torres Strait Islander person from an Aboriginal community or Torres Strait Islander community, the child must be offered the opportunity for the support person mentioned in subsection (4) (d) to be a person who is a respected person of that community.
As soon as practicable after an investigation by the commission ends, the commission must give the following persons a written notice under subsection (2) — the head of the reporting entity; the worker the subject of the reportable allegation or reportable conviction; any sector regulators for the reporting entity. The written notice must— state the commission’s findings, including whether or not reportable conduct has been engaged in by the worker; and state the reasons for the findings; and state any recommendations the commission thinks fit, and any necessary information relevant to the recommendations; and if the findings are adverse to the worker—be accompanied by an information notice for the findings. (sec.45-ssec.1) As soon as practicable after an investigation by the commission ends, the commission must give the following persons a written notice under subsection (2) — the head of the reporting entity; the worker the subject of the reportable allegation or reportable conviction; any sector regulators for the reporting entity. (sec.45-ssec.2) The written notice must— state the commission’s findings, including whether or not reportable conduct has been engaged in by the worker; and state the reasons for the findings; and state any recommendations the commission thinks fit, and any necessary information relevant to the recommendations; and if the findings are adverse to the worker—be accompanied by an information notice for the findings.
Subsection (2) applies if— the head of a reporting entity, a sector regulator or the commission is investigating, or proposes to investigate, a reportable allegation; and the head of the reporting entity, sector regulator or commission becomes aware that the conduct the subject of the reportable allegation may involve criminal conduct. The head of the reporting entity, sector regulator or commission must, as soon as practicable, notify a police officer of the belief. Subsection (4) applies if the police commissioner becomes aware that an investigation or proposed investigation by the head of an entity, a sector regulator or the commission may prejudice a police investigation. The police commissioner may ask the head of the reporting entity, sector regulator or commission to suspend, or not commence, an investigation until the police investigation is complete, or the police commissioner otherwise advises that the head of the entity, sector regulator or commission may continue or commence its investigation. The head of the reporting entity, sector regulator or commission must take all reasonable steps to mitigate any risks to the safety, wellbeing and best interests of children that may arise as a result of complying with the police commissioner’s request. If the head of a reporting entity, a sector regulator or the commission that has given notice to a police officer under subsection (2) does not receive a request under subsection (4) , the head of the entity, sector regulator or the commission must ensure the investigation is conducted in a way that does not prejudice the police investigation. A request by the police commissioner under subsection (4) does not affect another investigation, disciplinary process or other proceeding relating to the conduct that is being conducted other than under this Act. In this section— police investigation includes any court proceeding resulting from the investigation. (sec.46-ssec.1) Subsection (2) applies if— the head of a reporting entity, a sector regulator or the commission is investigating, or proposes to investigate, a reportable allegation; and the head of the reporting entity, sector regulator or commission becomes aware that the conduct the subject of the reportable allegation may involve criminal conduct. (sec.46-ssec.2) The head of the reporting entity, sector regulator or commission must, as soon as practicable, notify a police officer of the belief. (sec.46-ssec.3) Subsection (4) applies if the police commissioner becomes aware that an investigation or proposed investigation by the head of an entity, a sector regulator or the commission may prejudice a police investigation. (sec.46-ssec.4) The police commissioner may ask the head of the reporting entity, sector regulator or commission to suspend, or not commence, an investigation until the police investigation is complete, or the police commissioner otherwise advises that the head of the entity, sector regulator or commission may continue or commence its investigation. (sec.46-ssec.5) The head of the reporting entity, sector regulator or commission must take all reasonable steps to mitigate any risks to the safety, wellbeing and best interests of children that may arise as a result of complying with the police commissioner’s request. (sec.46-ssec.6) If the head of a reporting entity, a sector regulator or the commission that has given notice to a police officer under subsection (2) does not receive a request under subsection (4) , the head of the entity, sector regulator or the commission must ensure the investigation is conducted in a way that does not prejudice the police investigation. (sec.46-ssec.7) A request by the police commissioner under subsection (4) does not affect another investigation, disciplinary process or other proceeding relating to the conduct that is being conducted other than under this Act. (sec.46-ssec.8) In this section— police investigation includes any court proceeding resulting from the investigation.
It is a principle underlying this chapter that entities should disclose information— in a timely way; and regardless of whether the information is requested by the entity to which it is disclosed; and to the extent that is appropriate, having regard to— the relevance of the information to the performance by the commission of its functions under chapter 2 or 3 ; and the effect of giving the information on protecting children or a particular child from harm and ensuring the safety, wellbeing and best interests of children or a particular child. However, in disclosing information under this chapter, an entity must ensure the identity of a child the subject of the information is protected as far as practicable. See also section 58 for when publication of particular information is prohibited. (sec.47-ssec.1) It is a principle underlying this chapter that entities should disclose information— in a timely way; and regardless of whether the information is requested by the entity to which it is disclosed; and to the extent that is appropriate, having regard to— the relevance of the information to the performance by the commission of its functions under chapter 2 or 3 ; and the effect of giving the information on protecting children or a particular child from harm and ensuring the safety, wellbeing and best interests of children or a particular child. (sec.47-ssec.2) However, in disclosing information under this chapter, an entity must ensure the identity of a child the subject of the information is protected as far as practicable. See also section 58 for when publication of particular information is prohibited.
This section applies in relation to the following entities (each a prescribed CSS entity )— the commission; a sector regulator for a child safe entity; a child safe entity; a public sector entity under the Public Sector Act 2022 , section 8 ; the inspector of detention services under the Inspector of Detention Services Act 2022 ; the Office of the Ombudsman established under the Ombudsman Act 2001 , section 73 ; another entity prescribed by regulation. A prescribed CSS entity may disclose confidential information to another prescribed CSS entity for any of the following purposes— to respond to a concern about a failure to implement or comply with the child safe standards or universal principle; to assist the commission in performing a function or exercising a power under chapter 2 ; to assist the commission in performing a function or exercising a power under chapter 3 by providing information about compliance with a requirement under chapter 2 by a reporting entity. (sec.48-ssec.1) This section applies in relation to the following entities (each a prescribed CSS entity )— the commission; a sector regulator for a child safe entity; a child safe entity; a public sector entity under the Public Sector Act 2022 , section 8 ; the inspector of detention services under the Inspector of Detention Services Act 2022 ; the Office of the Ombudsman established under the Ombudsman Act 2001 , section 73 ; another entity prescribed by regulation. (sec.48-ssec.2) A prescribed CSS entity may disclose confidential information to another prescribed CSS entity for any of the following purposes— to respond to a concern about a failure to implement or comply with the child safe standards or universal principle; to assist the commission in performing a function or exercising a power under chapter 2 ; to assist the commission in performing a function or exercising a power under chapter 3 by providing information about compliance with a requirement under chapter 2 by a reporting entity.
This section applies in relation to the following entities (each a prescribed RCS entity )— the commission; a sector regulator for a reporting entity; a reporting entity if a worker of the entity is, or has been, the subject of a reportable allegation or reportable conviction; a department; the Crime and Corruption Commission; the Office of the Director of Child Protection Litigation established under the Director of Child Protection Litigation Act 2016 , section 35 ; the inspector of detention services under the Inspector of Detention Services Act 2022 ; the Office of the Ombudsman established under the Ombudsman Act 2001 , section 73 ; the police service; a police force or service of another State or the Commonwealth; the office of the public guardian established under the Public Guardian Act 2014 , section 102 ; the Public Sector Commission under the Public Sector Act 2022 ; an entity performing functions under a law of another State or the Commonwealth that are substantially the same as the functions of the commission under chapter 3 ; another entity prescribed by regulation. The head of a prescribed RCS entity may disclose relevant information to the head of another prescribed RCS entity (the receiving entity ) for the following purposes— to lessen or prevent a serious risk or threat to the life, health or safety of a child or class of children; if the receiving entity is the police service or a police force or service of another State or the Commonwealth—to enable the investigation of criminal conduct; if the receiving entity is the commission—for the performance of the commission’s functions under chapter 3 ; for an investigation by the receiving entity of a reportable allegation or reportable conviction; for taking appropriate action by a reporting entity or sector regulator for a reporting entity in relation to a finding that reportable conduct has been engaged in by a worker of the reporting entity; or for a receiving entity other than an entity mentioned in subsection (1) (c) —for the performance of a function by the receiving entity under an Act that relates to the protection of children from harm; for another purpose necessary for the effective administration of the reportable conduct scheme prescribed by regulation. A prescribed RCS entity may disclose relevant information in a circumstance mentioned in subsection (2) whether or not the receiving entity has requested the information. For subsection (2) , a reference to the head of the commission is a reference to each commissioner. A regulation prescribing an entity under subsection (1) (n) may limit the purposes for which the entity may receive or disclose information. In this section— relevant information — means the following— information about the progress of an investigation of a reportable allegation or reportable conviction; the findings and reasons for the findings of an investigation mentioned in subparagraph (i) ; any action that is to be taken in response to the findings mentioned in subparagraph (ii) ; any other information about a reportable allegation or reportable conviction that would assist a prescribed RCS entity to comply with chapter 3 ; but does not include evidentiary material or a relevant record or transcript under section 52 (9) . s 49 amd 2025 No. 24 s 39C (sec.49-ssec.1) This section applies in relation to the following entities (each a prescribed RCS entity )— the commission; a sector regulator for a reporting entity; a reporting entity if a worker of the entity is, or has been, the subject of a reportable allegation or reportable conviction; a department; the Crime and Corruption Commission; the Office of the Director of Child Protection Litigation established under the Director of Child Protection Litigation Act 2016 , section 35 ; the inspector of detention services under the Inspector of Detention Services Act 2022 ; the Office of the Ombudsman established under the Ombudsman Act 2001 , section 73 ; the police service; a police force or service of another State or the Commonwealth; the office of the public guardian established under the Public Guardian Act 2014 , section 102 ; the Public Sector Commission under the Public Sector Act 2022 ; an entity performing functions under a law of another State or the Commonwealth that are substantially the same as the functions of the commission under chapter 3 ; another entity prescribed by regulation. (sec.49-ssec.2) The head of a prescribed RCS entity may disclose relevant information to the head of another prescribed RCS entity (the receiving entity ) for the following purposes— to lessen or prevent a serious risk or threat to the life, health or safety of a child or class of children; if the receiving entity is the police service or a police force or service of another State or the Commonwealth—to enable the investigation of criminal conduct; if the receiving entity is the commission—for the performance of the commission’s functions under chapter 3 ; for an investigation by the receiving entity of a reportable allegation or reportable conviction; for taking appropriate action by a reporting entity or sector regulator for a reporting entity in relation to a finding that reportable conduct has been engaged in by a worker of the reporting entity; or for a receiving entity other than an entity mentioned in subsection (1) (c) —for the performance of a function by the receiving entity under an Act that relates to the protection of children from harm; for another purpose necessary for the effective administration of the reportable conduct scheme prescribed by regulation. (sec.49-ssec.3) A prescribed RCS entity may disclose relevant information in a circumstance mentioned in subsection (2) whether or not the receiving entity has requested the information. (sec.49-ssec.4) For subsection (2) , a reference to the head of the commission is a reference to each commissioner. (sec.49-ssec.5) A regulation prescribing an entity under subsection (1) (n) may limit the purposes for which the entity may receive or disclose information. (sec.49-ssec.6) In this section— relevant information — means the following— information about the progress of an investigation of a reportable allegation or reportable conviction; the findings and reasons for the findings of an investigation mentioned in subparagraph (i) ; any action that is to be taken in response to the findings mentioned in subparagraph (ii) ; any other information about a reportable allegation or reportable conviction that would assist a prescribed RCS entity to comply with chapter 3 ; but does not include evidentiary material or a relevant record or transcript under section 52 (9) .
A commissioner or the head of a sector regulator or reporting entity may disclose information mentioned in subsection (2) to— a child who is the subject of conduct that forms the basis of an investigation of a reportable allegation or reportable conviction; or a parent, person with parental responsibility or guardian of the child. For subsection (1) , the information is— the progress of an investigation of the reportable allegation or reportable conviction; and the findings of the investigation; and the reasons for the findings; and any action that is to be taken in response to the findings. However, the commissioner or head of a sector regulator or reporting entity must not disclose information under this section if the disclosure would— put the safety or wellbeing of the child or any other person at risk; or prejudice a proceeding or investigation. (sec.50-ssec.1) A commissioner or the head of a sector regulator or reporting entity may disclose information mentioned in subsection (2) to— a child who is the subject of conduct that forms the basis of an investigation of a reportable allegation or reportable conviction; or a parent, person with parental responsibility or guardian of the child. (sec.50-ssec.2) For subsection (1) , the information is— the progress of an investigation of the reportable allegation or reportable conviction; and the findings of the investigation; and the reasons for the findings; and any action that is to be taken in response to the findings. (sec.50-ssec.3) However, the commissioner or head of a sector regulator or reporting entity must not disclose information under this section if the disclosure would— put the safety or wellbeing of the child or any other person at risk; or prejudice a proceeding or investigation.
This section applies if the commission makes a finding, or becomes aware that a finding has been made, that an individual has engaged in reportable conduct. The commission must notify the chief executive (working with children) of the following matters— the name and date of birth, if known, of the individual; that the finding has been made; the reasons for the finding; the action that is to be taken in response to the finding; any other matter relating to the finding that may be relevant to the performance of the functions of the chief executive (working with children) under the Working with Children Check Act 2000 . In this section— chief executive (working with children) means the chief executive of the department in which the Working with Children Check Act 2000 is administered. (sec.51-ssec.1) This section applies if the commission makes a finding, or becomes aware that a finding has been made, that an individual has engaged in reportable conduct. (sec.51-ssec.2) The commission must notify the chief executive (working with children) of the following matters— the name and date of birth, if known, of the individual; that the finding has been made; the reasons for the finding; the action that is to be taken in response to the finding; any other matter relating to the finding that may be relevant to the performance of the functions of the chief executive (working with children) under the Working with Children Check Act 2000 . (sec.51-ssec.3) In this section— chief executive (working with children) means the chief executive of the department in which the Working with Children Check Act 2000 is administered.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Child Safe Organisations Act 2024 .
This Act, other than the provisions mentioned in subsections (2) to (4) , commences on 1 October 2025. Schedule 1 , sections 1 , 3 , 6 , 7 and 12 commence on 1 January 2026. The following provisions commence on 1 April 2026— chapter 10 , parts 4 and 5 , other than section 128 ; schedule 1 , sections 2 , 9 , 10 and 11 ; schedules 4 and 5 . The following provisions commence on 1 July 2026— section 3 (2) (c) and (d) ; chapter 3 ; chapter 4 , part 3 ; section 58 (1) (b) and (c) ; section 59 (1) (b) ; section 60 (6) , definition relevant entity , paragraph (d) ; section 91 (2) (b) to (f) and (4) , definition relevant person , paragraphs (b) to (e) ; section 98 (c) ; section 103 (1) (b) ; section 107 (2) ; section 112 ; chapter 10 , part 2 ; section 128 ; schedule 2 . s 2 amd 2025 No. 24 s 39B (sec.2-ssec.1) This Act, other than the provisions mentioned in subsections (2) to (4) , commences on 1 October 2025. (sec.2-ssec.2) Schedule 1 , sections 1 , 3 , 6 , 7 and 12 commence on 1 January 2026. (sec.2-ssec.3) The following provisions commence on 1 April 2026— chapter 10 , parts 4 and 5 , other than section 128 ; schedule 1 , sections 2 , 9 , 10 and 11 ; schedules 4 and 5 . (sec.2-ssec.4) The following provisions commence on 1 July 2026— section 3 (2) (c) and (d) ; chapter 3 ; chapter 4 , part 3 ; section 58 (1) (b) and (c) ; section 59 (1) (b) ; section 60 (6) , definition relevant entity , paragraph (d) ; section 91 (2) (b) to (f) and (4) , definition relevant person , paragraphs (b) to (e) ; section 98 (c) ; section 103 (1) (b) ; section 107 (2) ; section 112 ; chapter 10 , part 2 ; section 128 ; schedule 2 .
The main purposes of this Act are— to protect children from harm; and to promote the safety, wellbeing and best interests of children. The main purposes are to be primarily achieved by— providing for the implementation of, and compliance with, the child safe standards and universal principle by particular entities in Queensland; and the oversight by the commission of the implementation of, and compliance with, the child safe standards and universal principle; and providing for a scheme for— preventing reportable conduct; and reporting, notifying and investigating reportable allegations and reportable convictions; and taking appropriate action in response to findings of reportable conduct; and providing for the oversight by the commission of the scheme mentioned in paragraph (c) . (sec.3-ssec.1) The main purposes of this Act are— to protect children from harm; and to promote the safety, wellbeing and best interests of children. (sec.3-ssec.2) The main purposes are to be primarily achieved by— providing for the implementation of, and compliance with, the child safe standards and universal principle by particular entities in Queensland; and the oversight by the commission of the implementation of, and compliance with, the child safe standards and universal principle; and providing for a scheme for— preventing reportable conduct; and reporting, notifying and investigating reportable allegations and reportable convictions; and taking appropriate action in response to findings of reportable conduct; and providing for the oversight by the commission of the scheme mentioned in paragraph (c) .
This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence. (sec.4-ssec.1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (sec.4-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.
The dictionary in schedule 3 defines particular words used in this Act.
A sector regulator , for a child safe entity or reporting entity, is— a department or other entity, other than the commission, that is— responsible for regulating the child safe entity or reporting entity; and prescribed by regulation as a sector regulator for the child safe entity or reporting entity; or for a child safe entity or reporting entity mentioned in schedule 1 or 2 —a department that provides funding to the child safe entity or reporting entity; or another entity prescribed by regulation as a sector regulator for the child safe entity or reporting entity.
The head of an entity is— for a public sector entity under the Public Sector Act 2022 , section 8 —the chief executive of the public sector entity; or for the police service—the police commissioner; or the person or holder of a position prescribed by regulation as the head of the entity; or otherwise— the chief executive officer of the entity, however described; or if there is no chief executive officer—the principal officer of the entity, however described; or if there is no chief executive officer or principal officer—a person or holder of a position for the entity approved by the commission.
A worker of a child safe entity or reporting entity is an individual who performs work of any kind for the entity, and includes, for example, the following— an employee of the entity; a volunteer; an approved carer, and a member of an approved carer’s household, under the Child Protection Act 1999 , schedule 3 a contractor, subcontractor or consultant; an individual supplied by a provider of labour hire services under the Labour Hire Licensing Act 2017 ; an executive officer of the entity, or another person who is concerned with, or takes part in, the entity’s management, other than a councillor of a local government; a trainee or person undertaking work experience for the entity; if the entity is a religious body—a minister of religion, religious leader or officer of the religious body; if the entity is a sole trader—the individual operating as sole trader; if the child safe entity or reporting entity is the department in which the Child Protection Act 1999 is administered—an honorary officer under schedule 3 of that Act. However, an individual is not a worker if a regulation prescribes the individual as being excluded from the definition under subsection (1) . (sec.8-ssec.1) A worker of a child safe entity or reporting entity is an individual who performs work of any kind for the entity, and includes, for example, the following— an employee of the entity; a volunteer; an approved carer, and a member of an approved carer’s household, under the Child Protection Act 1999 , schedule 3 a contractor, subcontractor or consultant; an individual supplied by a provider of labour hire services under the Labour Hire Licensing Act 2017 ; an executive officer of the entity, or another person who is concerned with, or takes part in, the entity’s management, other than a councillor of a local government; a trainee or person undertaking work experience for the entity; if the entity is a religious body—a minister of religion, religious leader or officer of the religious body; if the entity is a sole trader—the individual operating as sole trader; if the child safe entity or reporting entity is the department in which the Child Protection Act 1999 is administered—an honorary officer under schedule 3 of that Act. (sec.8-ssec.2) However, an individual is not a worker if a regulation prescribes the individual as being excluded from the definition under subsection (1) .
The following standards are the child safe standards applying to an entity— child safety and wellbeing is embedded in the entity’s organisational leadership, governance and culture; children are informed about their rights, participate in decisions affecting them and are taken seriously; families and communities are informed and involved in promoting child safety and wellbeing; equity is upheld and diverse needs respected in policy and practice; people working with children are suitable and supported to reflect child safety and wellbeing values in practice; processes to respond to complaints and concerns are child-focused; staff and volunteers of the entity are equipped with the knowledge, skills and awareness to keep children safe through ongoing education and training; physical and online environments promote safety and wellbeing and minimise the opportunity for children to be harmed; implementation of the child safe standards is regularly reviewed and improved; policies and procedures document how the entity is safe for children.
A child safe entity is an entity— that provides— services specifically for children; or facilities specifically for use by children who are under the supervision of the entity; and that is either— mentioned in schedule 1
This is an opening excerpt, not the complete document.