Eight Years After the National Apology: Why Organisations Must Ensure They Are Meeting Their Safeguarding Obligations

Eight Years After the National Apology: Why Organisations Must Ensure They Are Meeting Their Safeguarding Obligations

Eight years after Australia delivered its National Apology to Victims and Survivors of Institutional Child Sexual Abuse (Apology), organisations continue to have a critical responsibility to protect children and young people. The Apology, delivered on 22 October 2018, acknowledged the devastating harm suffered by children and young people who were abused in institutions that were entrusted with their care and supervision, and the failures of organisations and systems that allowed that abuse to occur. It was also a commitment to do better.

In the years since, the findings of the Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission) have led to significant reforms being implemented, including the National Principles for Child Safe Organisations (National Principles) and Reportable Conduct Schemes (Schemes). These frameworks were implemented as measures to take tangible steps to prevent abuse to children and young people, improve institutional accountability and ensure child safety concerns are taken seriously.

The effectiveness of these frameworks ultimately depends on how organisations embed them into their day-to-day operations and practices. As we mark this anniversary, it is worth reflecting not only on why the Apology was necessary, but also on the ongoing responsibility of every organisation working with children and young people to create environments where abuse is prevented, concerns are heard and children and young people are safe.

The National Apology: Acknowledging the Harm and Failures of the Past

On 22 October 2018, then Prime Minister, the Hon Scott Morrison MP, delivered the Apology at Parliament House in Canberra.

On behalf of the Australian Government and all Australians, the former Prime Minister apologised to victims and survivors, their families, supporters and everyone affected by institutional child sexual abuse.

The Apology acknowledged the profound betrayal experienced by children and young people who were abused by the very people and institutions entrusted with their care and protection. It recognised that abuse occurred across a range of settings, including schools, religious organisations, government institutions, orphanages, sporting, social clubs, and charities.

The Apology did not focus solely on the actions of individual perpetrators. It also acknowledged the institutional failures that allowed abuse to happen, remain hidden and, in some cases, continue for years.

The words of the Apology were particularly significant:

“We are sorry that you were not protected, sorry that you were not listened to. We are sorry for refusing to trust the words of children, for not believing you.”

The Apology also acknowledged how perpetrators were sometimes protected from accountability and how institutional failures compounded the harm suffered by victims and survivors, often with lifelong consequences. It honoured the courage of victims, survivors and advocates who spoke out and helped expose these failures. Developed through national consultations and advice from a survivor-focused Reference Group, the Apology became an important part of the Government’s response to the Royal Commission, representing not only an acknowledgement of past wrongs but a commitment to prevent future harm.

From the Royal Commission to National Child Safety Reforms

The Royal Commission was established on 11 January 2013, to investigate how institutions had handled allegations of child sexual abuse. Its findings exposed widespread failures in organisational culture, complaints handling and accountability, culminating in a Final Report on 15 December 2017, with 409 recommendations (Recommendations).

These Recommendations helped shape the National Principles and Schemes, reinforcing the need for organisations to prevent abuse, respond appropriately to concerns and strengthen accountability.

The National Principles for Child Safe Organisations: Making Child Safety Part of Everyday Practice

One of the significant outcomes of the Royal Commission was the development of the National Principles. The Royal Commission recommended the implementation of Child Safe Standards to help prevent institutional child sexual abuse. In response, the Australian Human Rights Commission was commissioned to develop a nationally consistent framework. The National Principles were endorsed by Australian, state and territory governments in February 2019.

The ten National Principles provide guidance for organisations that work with children and young people, regardless of their size, location or sector, as follows:

• National Principle 1: Child safety and wellbeing must be embedded in organisational leadership, governance and culture.
• National Principle 2: Children and young people must be informed about their rights, participate in decisions affecting them and be taken seriously.
• National Principle 3: Families and communities must be informed and involved in promoting child safety and wellbeing.
• National Principle 4: Equity must be upheld, and diverse needs respected.
• National Principle 5: People working with children and young people must be suitable and supported to reflect child safety and wellbeing values in their practice.
• National Principle 6: Processes for responding to complaints and concerns must be child-focused.
• National Principle 7: Staff and volunteers must receive ongoing education and training to keep children and young people safe.
• National Principle 8: Physical and online environments must promote safety and minimise opportunities for harm and abuse.
• National Principle 9: The implementation of child safety practices must be regularly reviewed and improved.
• National Principle 10: Policies and procedures must document how the organisation is safe for children and young people.

The National Principles are not simply a checklist of policies but a framework for embedding child safety into an organisation’s culture, leadership and everyday practices. Having policies or Working with Children Checks is not enough on its own and organisations must also ensure they implement appropriate recruitment, supervision, staff training and effective complaint-handling processes. Ultimately, child safety must be reflected in organisational decisions, behaviours and accountability, recognising children’s physical, psychological and cultural wellbeing.

Reportable Conduct Schemes: Strengthening Accountability and Oversight

The Royal Commission also recommended establishing Schemes to address failures in how organisations responded to allegations of abuse and misconduct involving their employees and volunteers. Recommendations 7.9 and 7.10 of the Royal Commission called for nationally consistent Schemes requiring organisations to notify independent oversight bodies of reportable allegations and providing regulators with powers to monitor investigations, scrutinise organisational responses and strengthen accountability.

In practice, Schemes provide an additional layer of accountability when allegations of concerning conduct involving people working with children and young arise.

Depending on the applicable legislation, reportable conduct can include:

• Sexual offences and sexual misconduct involving children;
• Physical violence against, with or in the presence of a child;
• Behaviour causing significant emotional or psychological harm; and
• Significant neglect of a child.

The Schemes generally require organisations that fall under the Schemes to notify the relevant oversight body when they become aware of a reportable allegation and to conduct an appropriate investigation. The oversight body can monitor the investigation, review how the organisation has responded and, where necessary, exercise its powers to intervene.

Investigations conducted under the Schemes are not criminal investigations and do not replace police investigations, mandatory reporting obligations or other statutory reporting requirements. They provide a separate mechanism for scrutinising how organisations respond to allegations involving their workers and volunteers.

Where are Reportable Conduct Schemes Operating?

The implementation of Schemes has progressed across Australian jurisdictions, although their coverage, definitions, timeframes and regulatory arrangements differ between jurisdictions.

As of November 2026, statutory Schemes operate in:

• New South Wales: Overseen by the Office of the Children’s Guardian.
• Victoria: Overseen by the Social Services Regulator, following the transfer of responsibility from the Commission of Children and Young People in February 2026.
• Queensland: The scheme commenced on 1 July 2026, with oversight by the Queensland Family and Child Commission.
• Tasmania: Overseen by the Office of the Independent Regulator.
• Western Australia: Overseen by the Ombudsman Western Australia.
• Australian Capital Territory: Overseen by the ACT Ombudsman.

South Australia and the Northern Territory do not currently have equivalent statutory Schemes in place.

The introduction of Queensland’s scheme in 2026 represents another important step towards broader national coverage. In October 2024, state and territory governments also agreed on the benefits of nationally consistent legislative Schemes and recognised Recommendations 7.10–7.12 of the Royal Commission as the national model.

For organisations operating across multiple jurisdictions, it is particularly important to understand which Schemes apply, which regulator has oversight and what notification and investigation requirements must be met.

Why Safeguarding Remains a Critical Responsibility

Eight years after the Apology, Australia’s child safety reforms have strengthened organisational accountability. However, legislation and standards alone cannot protect children and young people. The failures acknowledged in the Apology were also failures to listen, recognise warning signs, respond to complaints and hold people accountable.

Effective safeguarding means taking proactive steps to prevent abuse, neglect and exploitation by identifying risks, establishing clear expectations and ensuring concerns are taken seriously.

For organisations, this requires:

• Strong leadership: Embedding child safety into organisational culture, governance and decision-making.
• Clear policies and procedures: Establishing appropriate safeguards, codes of conduct and reporting processes.
• Safe recruitment and supervision: Screening, training and monitoring workers and volunteers.
• Child-focused complaint handling: Ensuring children and young people can raise concerns safely and are heard.
• Effective reporting and investigations: Meeting legal obligations and responding appropriately to allegations.
• Ongoing training and review: Ensuring everyone understands their safeguarding responsibilities.

Child safety is everyone’s responsibility. It cannot rest solely with a designated child safety officer or HR team. Organisations must build cultures where concerns are recognised, inappropriate behaviour is addressed and the safety and wellbeing of children and young people is always paramount.

Turning the National Apology into Practical Action

The Apology made an important commitment that Australia would do better to protect children and young and ensure that institutions entrusted with their care and supervision would be safe. Eight years later, that commitment must continue to guide how organisations approach safeguarding. The National Principles and Schemes provide important frameworks, but compliance alone does not guarantee that children and young people are safe.

Organisations must regularly examine whether their safeguarding arrangements are effective in practice. Are workers confident about recognising and reporting concerns? Are complaints handled fairly, promptly and independently where necessary? Do children and young people know their rights and feel comfortable speaking up? Are organisational policies being followed, reviewed and improved?

These questions are particularly important because safeguarding failures can have consequences extending well beyond an individual incident. Inadequate systems can expose children and young people to further harm, undermine public trust and result in regulatory intervention, legal liability and significant reputational damage.

The anniversary of the Apology is therefore an opportunity for organisations to reflect on their own responsibilities, identify gaps in their safeguarding frameworks and consider what more they can do to prevent children and young people being exposed to harm.

How Can Safe Space Legal Help?

The team at Safe Space Legal has extensive safeguarding experience. We have worked with many organisations across Australia to ensure they are meeting their legal obligations and help them build a culture of safety and accountability.

Our team can assist organisations to assess whether their safeguarding frameworks are compliant with legislative obligations and best practice, identify gaps in policies and practices, and develop legally sound procedures that support child safe environments.

Our services include:

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