The Five Types of Reportable Conduct: A State By State Guide 2026

The Five Types of Reportable Conduct A State By State Guide 2026

For organisations that work with children and young people, understanding the five types of reportable conduct is essential. Across Australia, Reportable Conduct Schemes help ensure allegations involving misconduct against children and young people are reported, investigated, and managed appropriately.

While legislation differs between states and territories, the same core categories now form the national benchmark for child-safe governance.

For organisations with staff or volunteers who work with or provide services to children or young people, knowing what qualifies as reportable conduct is critical to meeting your safeguarding
obligations.

What Is a Reportable Conduct Scheme?

A Reportable Conduct Scheme requires certain organisations who work with children or young people to notify an independent regulator when allegations are made against workers, volunteers, contractors, or leaders involving misconduct towards children or young people.

These schemes are designed to improve accountability, strengthen child safety culture, and ensure concerns are handled properly.

Depending on the jurisdiction, obligations may include:

• Notifying the regulator within required timeframes;
• Conducting or commissioning an investigation;
• Implementing risk management measures;
• Reporting findings and outcomes and/or
• Maintaining appropriate records.

The Five Types of Reportable Conduct

Although wording can vary between jurisdictions, the five most recognised categories of reportable conduct are:

1. Sexual Offences

• Any criminal sexual offence committed against, with, or in the presence of a child.

2. Sexual Misconduct

• Inappropriate sexualised behaviour that may not meet the criminal threshold but is still unacceptable and harmful.

3. Physical Violence

• The use of force against, with, or in the presence of a child.

4. Behaviour Causing Significant Emotional or Psychological Harm

• Conduct that causes serious emotional distress, fear, humiliation, or psychological injury to a child.

5. Significant Neglect

• Serious failures in supervision, care, or protection that place a child at risk.

State-by-State Breakdown (2026)

Victoria

Victoria has one of the most developed Reportable Conduct Schemes in Australia, which is now regulated by the Social Services Regulator (SSR). Many organisations that provide services or exercise care, supervision, or authority over children or young people must notify the regulator of certain allegations involving employees, volunteers, and other workers. The scheme places strong emphasis on
timely reporting, risk management, and proper investigations.

New South Wales

New South Wales has a well-established scheme that is regulated by the Office of the Children’s Guardian and applies to relevant entities such as schools, charities, sporting bodies, and other child-related organisations. Employers are required to assess allegations, notify the regulator, and investigate reportable conduct involving staff or volunteers.

Australian Capital Territory (ACT)

The ACT operates a similar scheme which is regulated by the ACT Ombudsman and is focused on ensuring organisations respond appropriately when concerns are raised about conduct towards children and young people. It requires notification, investigation, and child-safe risk management measures.

Tasmania

Tasmania has introduced a Reportable Conduct Scheme aligned with national safeguarding expectations, which is regulated by the Office of the Independent Regulator (OIR). In-scope organisations must report allegations and manage concerns consistently, with a strong focus on
accountability and child protection.

Queensland

Queensland is one of the most recent jurisdictions to introduce a Reportable Conduct Scheme, with obligations commencing from 1 July 2026. This will be regulated by the Queensland Family and Child Commission. Organisations captured by the new laws should review policies, reporting procedures,
training, and investigation processes to prepare for compliance.

Western Australia

Western Australia now operates a Reportable Conduct Scheme. The scheme commenced on 1 January 2023 and was implemented in phases, with government bodies and schools included first, followed by additional sectors such as religious organisations and disability services. As of April 2026, the scheme is in force and legislated under the Parliamentary Commissioner Amendment (Reportable Conduct) Act 2022 (the Act).

The scheme is overseen by the WA Ombudsman under the Act. It is separate from mandatory reporting laws and other child safety reforms, making it important for organisations to understand their specific compliance obligations.

South Australia

South Australia does not currently operate a formal Reportable Conduct Scheme. Even so, organisations must continue meeting legal duties relating to child safety, mandatory reporting, complaints handling, and risk management.

Why Understanding Reportable Conduct Matters

Many organisations assume reportable conduct only relates to criminal behaviour. In practice, conduct can still be reportable even in circumstances that do not result in police action or criminal charges.

For organisations, understanding these obligations is critical to creating safer environments for children and young people, protecting staff and volunteers through fair processes, and ensuring concerns are managed lawfully and consistently. Failing to recognise issues early or respond appropriately can expose an organisation to legal risk, regulatory scrutiny, reputational damage, workplace disruption, and, most importantly, harm to children and young people, and their families.

Early identification, prompt action, and proper escalation are essential to meeting safeguarding obligations and maintaining trust.

Best Practice for Employers and Child-Facing Organisations

Even where a formal scheme does not yet apply, organisations should adopt nationally consistent safeguarding standards.

This includes:

• Implementing clear child safety codes of conduct;
• Ensuring complaint and disclosure procedures are in place;
• Conducting staff and volunteer training;
• Conducting risk assessments during investigations;
• Having an independent investigation capability, and;
• Ensuring board and leadership oversight

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.