The Queensland Government is set to implement the Reportable Conduct Scheme (RCS) as part of the Child Safe Organisations Act 2024.
The Queensland Government is set to implement the Reportable Conduct Scheme (RCS) as part of the Child Safe Organisations Act 2024 (Qld). This legislative initiative aims to enhance the protection of children by mandating specific organisations to report and investigate certain types of misconduct involving children. The scheme is scheduled to commence on 1 July 2026, with full implementation by 1 July 2027.
Overview of the Reportable Conduct Scheme
The RCS is designed to ensure that allegations of child abuse and misconduct are appropriately reported and investigated. It applies to organisations that have a high degree of responsibility for children or engage in activities where there is a heightened risk to children due to the nature of the institution, the type of activities undertaken, or the vulnerability of the children involved. These organisations are referred to as ‘reporting entities’ under the scheme.
Under the RCS, the head of a reporting entity is required to:
- Ensure systems are in place for preventing reportable conduct, reporting, investigating, and responding to reportable allegations against and convictions of their workers.
- Notify the Queensland Family and Child Commission (QFCC) of reportable allegations or convictions.
- Arrange for an investigation of the reportable allegation and conviction and provide a final report to the QFCC.
- Provide information as requested by the QFCC.
Reportable conduct includes:
- A sexual offence committed against, with, or in the presence of a child.
- Sexual misconduct committed against, with, or in the presence of a child.
- Physical violence committed against, with, or in the presence of a child.
- Any behaviour that causes significant emotional or psychological harm to a child.
- Significant neglect of a child.
It is important to note that reportable conduct does not include conduct that is reasonable for the discipline, management, or care of a child, taking into account the characteristics of the child and any applicable code of conduct or professional standard.
Implementation Timeline
The implementation of the RCS will occur in phases:
- Phase 1 (commencing 1 July 2026): Child protection services, services for children with a disability, justice or detention services, and government organisations.
- Phase 2 (commencing 1 January 2027): Accommodation and residential services, education services, health services, early childhood education and care services, and community services.
- Phase 3 (commencing 1 July 2027): Religious bodies, commercial services for children, transport or transport-related services, and services or activities provided primarily for children.
Role of the Queensland Family and Child Commission
The QFCC is the independent oversight body responsible for administering the RCS. Its functions include:
- Taking a responsive, risk-based approach to regulation with an emphasis on capacity building.
- Providing centralised oversight, working collaboratively with sector regulators to support organisations in implementing the Child Safe Standards.
- Administering, overseeing, and monitoring the operation and reporting of allegations of reportable conduct under the RCS.
The QFCC has enforcement powers to apply in a tailored manner, considering the type of organisation and seriousness of noncompliance. Strong action will be taken for serious situations, and penalties will apply.
Preparation for Compliance
Organisations are encouraged to begin preparing for compliance with the RCS by:
- Taking a responsive, risk-based approach to regulation with an emphasis on capacity building.
- Providing centralised oversight, working collaboratively with sector regulators to support organisations in implementing the Child Safe Standards.
- Administering, overseeing, and monitoring the operation and reporting of allegations of reportable conduct under the RCS.
More resources for the implementation of the RCS will become available later this year.
For further information and updates on the Reportable Conduct Scheme, please visit the QFCC’s official website: https://www.qfcc.qld.gov.au/
