A 2026 Guide to Reportable Conduct Schemes in Australia

A 2026 Guide to Reportable Conduct Schemes in Australia

Organisations working with children and young people across Australia continue to face increasing safeguarding obligations and regulatory scrutiny. In recent years, there has been significant reform across the child safety landscape, particularly following recommendations arising from the Royal Commission into Institutional Responses to Child Sexual Abuse (the Royal Commission) and the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission).

One area that continues to cause confusion for organisations is the distinction between mandatory reporting obligations and obligations under a Reportable Conduct Scheme. While both are designed to protect children and young people from harm, they serve different purposes and involve separate reporting pathways, regulators and legal obligations.

This article provides an updated overview of:

• the difference between mandatory reporting and Reportable Conduct Schemes;
• what the Reportable Conduct Scheme is;
• which industries and organisations are commonly captured;
• how schemes differ across Australia; and
• key considerations for organisations working with children and young people.

Mandatory Reporting vs Reportable Conduct Schemes

Mandatory reporting obligations exist across all Australian states and territories. Broadly, mandatory reporting laws require certain professionals working with children to report concerns relating to child abuse, neglect, or significant harm to child protection authorities.

Reportable Conduct Schemes operate differently. Rather than focusing on harm occurring within family or home environments, these schemes are aimed at improving organisational responses to allegations involving workers, volunteers, contractors, and other workers engaged in child-related work.

Simply, mandatory reporting is generally concerned with protecting children from abuse or neglect occurring outside organisations, often within familial or caregiving settings; whereas Reportable Conduct Schemes focus on safeguarding children and young people within institutional settings and ensuring organisations appropriately respond to allegations involving their workforce.

Organisations and individuals may have obligations under both systems simultaneously. For example, a teacher may be required to make a mandatory report to Child Protection regarding suspected abuse occurring in a child’s home environment, while the school itself may also have obligations to notify a regulator under a Reportable Conduct Scheme if allegations are made against a staff member.

Understanding the distinction between these obligations is critical for organisations seeking to maintain compliant and effective safeguarding frameworks.

What is Mandatory Reporting?

Although mandatory reporting laws differ slightly between jurisdictions, all Australian states and territories impose legal obligations on certain professionals to report concerns about child abuse or neglect.

Mandatory reporters may include:

• teachers and school staff;
• early childhood educators;
• doctors and nurses;
• psychologists and counsellors;
• police officers;
• youth workers and social workers; and
• ministers of religion.

Generally, a mandatory report must be made where a person forms a reasonable belief, in the course of their professional duties, that a child is in need of protection from physical or sexual abuse.

Reports are typically made to Child Protection authorities, and obligations cannot ordinarily be delegated to another person.

In addition to mandatory reporting obligations, voluntary reporting pathways also exist in most jurisdictions, allowing any person to report significant concerns regarding the wellbeing or safety of a child or young person.

What is the Reportable Conduct Scheme?

Reportable Conduct Schemes were introduced following recommendations from the Royal Commission, which identified systemic failures in how institutions responded to allegations involving abuse against children.

The schemes are designed to improve institutional accountability and strengthen organisational safeguarding responses.

Reportable Conduct Schemes require certain organisations to:

• notify allegations of reportable conduct to an external regulator;
• investigate allegations involving workers or volunteers;
• manage risks to children and young people;
• take appropriate disciplinary or protective action where required; and
• cooperate with oversight bodies.

The schemes also allow regulators to monitor investigations and ensure organisations are responding appropriately to allegations involving children.

Reportable Conduct Schemes are not limited to criminal conduct. Behaviour may still constitute reportable conduct even where it does not amount to a criminal offence.

What Conduct is Reportable?

Definitions vary slightly between jurisdictions, however reportable conduct commonly includes:

• sexual offences committed against, with or in the presence of a child;
• sexual misconduct involving a child;
• physical violence against a child;
• behaviour causing significant emotional or psychological harm to a child; and
• significant neglect of a child.

Some jurisdictions, including Queensland and the ACT, also expressly include:

• ill-treatment;
• conduct that exposes a child to a risk of harm;
• inappropriate discipline; and
• failure to protect children from harm.

Importantly, Reportable Conduct Schemes commonly apply to:

• employees;
• volunteers;
• contractors;
• religious personnel;
• foster and kinship carers in some jurisdictions; and
• conduct occurring both inside and outside the workplace where it may impact a person’s suitability to work with children.

Reportable Conduct Schemes Across Australia – 2026 Update

Victoria

Victoria operates one of the most established Reportable Conduct Schemes in Australia under the Child Wellbeing and Safety Act 2005 (Vic). The Victorian scheme requires heads of organisations to notify reportable allegations within 3 business days and provide updates and investigation outcomes to the regulator.

In 2026, a significant reform occurred with oversight of the Victorian scheme transferring from the Commission for Children and Young People (CCYP) to the Social Services Regulator (SSR) as part of broader safeguarding reforms.

Organisations commonly captured in Victoria include:

• schools;
• early childhood services;
• disability service providers;
• religious organisations;
• healthcare providers;
• residential care services;
• sporting organisations; and
• organisations providing overnight camps or accommodation services.

Victoria’s framework operates closely alongside the Child Safe Standards and places strong emphasis on governance, risk management and organisational culture.

New South Wales

New South Wales has the longest-running Reportable Conduct Scheme in Australia and is often regarded as the model framework nationally. The scheme operates under the Children’s Guardian Act 2019 (NSW) and is overseen by the NSW Office of the Children’s Guardian.

Under the NSW framework, heads of relevant organisations must notify the regulator within 7 business days of becoming aware of a reportable allegation.

Organisations commonly captured in NSW include:

• schools and educational services;
• childcare providers;
• out-of-home care services;
• religious organisations;
• sporting organisations;
• healthcare services; and
• youth and community organisations.

The NSW scheme is known for its broad organisational coverage and strong regulatory oversight powers, including the ability to monitor investigations and share information with relevant authorities.

Queensland

Queensland’s new Reportable Conduct Scheme formally commences on 1 July 2026 under the Child Safe Organisations Act 2024 (Qld). This represents one of the most significant recent safeguarding reforms in Australia.

The Queensland framework combines:

• Child Safe Standards;
• Reportable Conduct obligations;
• organisational compliance requirements; and
• regulatory oversight powers.

The scheme will be overseen by the Queensland Family and Child Commission (QFCC).

The Queensland scheme is expected to apply across sectors including:

• schools;
• childcare and early education services;
• sporting organisations;
• healthcare providers;
• religious organisations;
• residential care providers; and
• disability and NDIS providers working with children.

Queensland’s legislation also expressly includes "ill-treatment" within the definition of reportable conduct, giving the framework broader behavioural coverage than some other jurisdictions.

Tasmania

Tasmania’s Reportable Conduct Scheme commenced in January 2024 following the Tasmanian Commission of Inquiry into Child Sexual Abuse. The scheme operates under the Child and Youth Safe Organisations Act 2023 (Tas) and is overseen by the Office of the Independent Regulator (OIR).

The Tasmanian framework requires organisations to:

• report allegations of reportable conduct;
• investigate concerns appropriately;
• manage risks to children and young people; and
• cooperate with regulatory oversight.

Industries commonly captured in Tasmania include:

• education services;
• youth services;
• sporting organisations;
• religious institutions;
• care services; and
• accommodation providers.

Tasmania’s reforms place significant focus on organisational culture and proactive safeguarding systems.

Western Australia

Western Australia’s Reportable Conduct Scheme operates under the Parliamentary Commissioner Amendment (Reportable Conduct) Act 2022 and is overseen by the Ombudsman Western Australia.

WA’s framework is newer than many eastern state schemes and continues to evolve.

Organisations commonly captured include:

• child-related service providers;
• education services;
• youth organisations; and
• organisations undertaking child-related work.

At present, WA’s reportable conduct categories focus more narrowly on:

• sexual offences;
• sexual misconduct; and
• physical assault involving children.

Further legislative refinement and harmonisation discussions remain ongoing.

Australian Capital Territory

The ACT’s Reportable Conduct Scheme commenced in 2017 and is overseen by the ACT Ombudsman. The ACT framework includes broader definitions of reportable conduct than some jurisdictions and expressly includes:

• ill-treatment;
• inappropriate discipline;
• psychological harm; and
• failure to protect children from harm.

Organisations commonly captured in the ACT include:

• schools;
• childcare providers;
• residential care services;
• foster and kinship care providers;
• healthcare services; and
• religious organisations.

South Australia and the Northern Territory

South Australia and the Northern Territory do not currently operate standalone Reportable Conduct Schemes. However, both jurisdictions continue to participate in national safeguarding discussions and are monitoring interstate reforms closely.

Organisations operating nationally should continue to monitor developments in these jurisdictions as further reforms may occur in coming years.

Industry-Specific Considerations

Schools and Education Providers

Schools remain one of the sectors most heavily impacted by Reportable Conduct obligations.

Common safeguarding issues include:

• staff boundary breaches;
• inappropriate communications;
• physical restraint incidents;
• online conduct concerns; and
• failures to respond appropriately to disclosures.

Schools must also manage overlapping obligations relating to:

• mandatory reporting;
• Child Safe Standards;
• workplace investigations;
• teacher registration requirements; and
• Working With Children Check obligations.

Disability and NDIS Providers

There is increasing national focus on safeguarding children and young people with disability, particularly following findings from the Disability Royal Commission.

Many jurisdictions are expanding or reviewing the inclusion of:

• NDIS providers;
• disability accommodation providers;
• respite services; and
• therapeutic support services.

Organisations supporting children with disability should ensure safeguarding systems align with both disability sector obligations and child protection requirements.

Religious Organisations

Religious institutions remain a key focus of Reportable Conduct Scheme reforms following findings from the Royal Commission.

Many schemes expressly include:

• clergy;
• ministers of religion;
• pastoral workers; and
• church volunteers.

Organisations should ensure allegations are managed appropriately and independently and not dealt with solely through internal pastoral processes.

Sporting Organisations

Sporting organisations continue to face increasing safeguarding obligations, particularly where they engage children and young people in:

• coaching programs;
• mentoring activities;
• competitions;
• travel; and
• overnight camps.

Common safeguarding risks in sport include:

• grooming behaviours;
• inappropriate relationships;
• peer-on-peer harm; and
• unsafe online communication practices.

What Happens if Organisations Fail to Comply?

Failing to comply with Reportable Conduct Scheme obligations can have significant legal, operational and reputational consequences for organisations. Regulators across Australia have broad oversight powers and may conduct investigations, issue compliance notices, make public findings or, in some jurisdictions, pursue criminal penalties for non-compliance.

Beyond regulatory action, poor safeguarding responses can seriously impact children and young people, damage trust within communities and negatively affect organisational culture.

Risks often arise not only from the allegation itself, but from how an organisation responds. Delayed reporting, inadequate investigations or failures to appropriately manage risk can expose organisations to increased scrutiny, reputational harm and broader governance concerns. As safeguarding obligations continue to evolve nationally, organisations should ensure they maintain clear reporting pathways, legally compliant investigation processes and strong child safe governance frameworks.

Key Takeaways for Organisations in 2026

As safeguarding reforms continue to evolve nationally, organisations working with children and young people should ensure they:

• understand which jurisdictions apply to them;
• identify whether they are captured entities under relevant schemes;
• understand reportable conduct categories and reporting timeframes;
• maintain clear safeguarding and reporting pathways;
• provide regular staff and volunteer training;
• conduct legally compliant investigations; and
• ensure safeguarding frameworks align with Child Safe Standards and broader governance obligations.

With increasing national focus on institutional accountability, organisations can expect continued scrutiny of how allegations involving children and young people are identified, reported and managed.

How Can Safe Space Legal Help?

The team at Safe Space Legal have extensive safeguarding experience. We have worked with many organisations across Australia to ensure they are meeting their national and state specific legal obligations and frequently conduct independent safeguarding investigations. We work with organisations to help build a culture of safety and accountability.

Safe Space Legal provides the following services to ensure organisations meet their legal obligations:

• Drafting legally sound policies, procedures, and codes of conduct;

• Providing policy audits and developing safeguarding policies, procedures, and complaint
  handing processes;

• Providing root cause analysis to identify gaps in policy and/or practice which put
  organisations at risk of non-compliance with their sector-specific obligations;

• Delivering training to workplaces to ensure they are aware of their legal obligations;

• Conducting safeguarding investigations which are compliant with relevant state and
  territory legislation and regulations;

• Delivering safeguarding training to ensure organisations are aware of their sector-
  specific requirements and obligations;

• Ensuring that complaints handling and reporting processes are compliant with legal
  obligations;

• Provide sound legal advice on risk mitigation.

Contact office@safespacelegal.com.au or call (03) 9124 7321 to organise a complementary discussion in relation to your organisation’s child safety and safeguarding needs.