Safe space legal children and young people
Safeguarding Experts

Schools and Educational Institutes

Schools and educational institutions have a fundamental legal and moral obligation to ensure that students are safe, protected from harm, and supported in environments that promote their wellbeing and development. From primary schools to secondary colleges, educational settings must create cultures of safety where students can learn and thrive without fear of abuse or harm.

left-quote1
Students and young people are inherently vulnerable to abuse and harm. Students have a right to feel safe and be safe in all educational environments. Exposing students to abuse and harm may cause long-term trauma and impact their growth and development. Schools must take active steps to comply with their duty of care to mitigate risk of harm.

Expert legal services to schools and educational institutions

Safe Space Legal provides expert legal services to schools and educational institutions including: primary schools, secondary schools, independent schools, catholic schools, government schools, colleges, and boarding schools.

Step by Step implementation

We work with schools to address their safeguarding needs, in a cost-effective and value focused manner. We ensure that we are always responsive, transparent and people-focused in our services, and support schools to implement our advice and recommendations.

Here when you need us

We are committed to providing schools with professional guidance and support whenever they need it, from policy development to critical incident response.
Child Safety in Schools

Schools are places where students spend significant time and develop academically, socially, and emotionally. Educational institutions have a critical responsibility to safeguard students from all forms of abuse and harm. The school environment must be one where child safety is embedded in culture, policies, and everyday practice.

The Royal Commission into Institutional Responses to Child Sexual Abuse made numerous recommendations specifically for schools to ensure the safety and wellbeing of students. Since the Royal Commission, all states and territories have endorsed the National Principles for Child Safe Organisations, with many jurisdictions enacting these principles into legislation through Child Safe Standards.

Schools across Australia are required to comply with Child Safe Standards in their respective state or territory. These standards require schools to embed child safety into leadership, governance, culture, policies, procedures, and day-to-day practice. Schools must ensure that student safety is the paramount consideration in all decision-making and that zero tolerance approaches to child abuse are maintained.

Schools are also subject to Reportable Conduct Schemes in various Australian jurisdictions including Victoria, New South Wales, Western Australia, Queensland, and Tasmania. These schemes require schools to report and investigate allegations of abuse or misconduct involving staff members, ensuring transparency and accountability in how schools respond to child safety concerns.

In addition to Child Safe Standards and Reportable Conduct Schemes, schools must comply with mandatory reporting obligations, which require teachers and other school staff to report suspected child abuse to child protection authorities. Schools must also ensure compliance with Working with Children Check requirements and other employment screening obligations.

Safe space legal children and young people

Our Services

Child Safety Policies

Developing child safety policies, procedures, codes of conduct, and complaints handling processes for schools

Child Safety Investigations

Independent child safety investigations compliant with Reportable Conduct Schemes and education requirements

Audits

Comprehensive audits and gap analysis against Child Safe Standards with practical safeguarding recommendations

Child Safety Training

Tailored child safety training, including training compliant with the child safe standards and Ministerial Order 1359

Legal Advice

Expert safeguarding legal advice and representation for schools, including regulatory and critical incidents

Incident Management

Root cause analyses of critical child safety incidents with crisis management and regulatory compliance support

Discover Frequently Asked Questions about Children and Young People

The Child Safe Standards are mandatory standards that schools must comply with to ensure they provide safe services to students. The standards are based on the National Principles for Child Safe Organisations and require schools to embed child safety into organisational leadership, governance, and culture.

The standards require schools to:

  • Establish culturally safe environments for Aboriginal and Torres Strait Islander students
  • Embed child safety in leadership, governance, and culture
  • Empower students about their rights and enable participation in decisions
  • Involve families and communities in promoting child safety
  • Uphold equity and respect diverse needs
  • Ensure staff and volunteers are suitable and supported
  • Implement child-focused complaints processes
  • Provide ongoing child safety training and education
  • Create safe physical and online environments
  • Regularly review and improve child safety practices
  • Document policies and procedures for child safety

All states and territories in Australia have endorsed the National Principles, and many have enacted them into legislation with specific compliance requirements for schools

The Reportable Conduct Scheme requires schools to report and investigate allegations of abuse or misconduct involving employees, contractors, and volunteers who work with children. The scheme operates in Victoria, New South Wales, Western Australia, Queensland, and Tasmania.

Reportable conduct includes:

  • Sexual offences committed against, with, or in the presence of a child
  • Sexual misconduct committed against, with, or in the presence of a child
  • Physical violence against, with, or in the presence of a child
  • Behaviour that causes significant emotional or psychological harm to a child
  • Significant neglect of a child

Schools must notify the relevant regulator (such as the Commission for Children and Young People in Victoria) of reportable allegations and conduct investigations. The regulator provides oversight of investigations and can make findings about how the school has handled the matter.

Mandatory reporting requires certain professionals, including teachers and other school staff, to report suspected child abuse to child protection authorities. The specific requirements vary by state and territory, but generally include reporting:

  • Physical abuse
  • Sexual abuse
  • Emotional or psychological abuse
  • Neglect

Teachers and school staff must be trained on recognising signs of abuse and understanding their reporting obligations. Failure to report suspected abuse when required can result in criminal penalties in some jurisdictions.

Mandatory reporting is separate from the Reportable Conduct Scheme – mandatory reporting relates to suspected abuse of students generally, while reportable conduct specifically relates to allegations against school staff and volunteers.

Safeguarding is the active steps schools take to protect students from harm and ensure their wellbeing and safety. Schools must:

  • Comply with Child Safe Standards in their state or territory
  • Have comprehensive child safety policies, procedures, and codes of conduct
  • Train staff and volunteers on recognising and responding to abuse
  • Implement child-focused complaints handling processes
  • Conduct Working with Children Checks and appropriate employment screening
  • Report allegations under mandatory reporting and Reportable Conduct Scheme obligations
  • Create physical and online environments that promote safety
  • Embed child safety into governance, leadership, and organisational culture
  • Respond appropriately to critical incidents and allegations of harm
  • Engage with families and the school community on child safety

Schools have a duty of care to take reasonable steps to protect students from foreseeable harm, which includes implementing robust safeguarding practices.

Our latest insights into Child Safety

Complaints Systems in Child Safety and Safeguarding – Learnings from the Royal Commission

Complaints Systems in Child Safety and Safeguarding – Learnings from the Royal Commission

On 8 November 2022, the Royal Commission into Violence, Abuse, Neglect and Exploitation of People..

Child Safe Standards - Amendments to the law to ensure compliance

Child Safe Standards – Amendments to the law to ensure compliance

On 1 January 2023 the Child Wellbeing and Safety Act 2005 (Vic) was amended to..

Contact us for your safeguarding needs