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Australian Child Safety - Module Scope

Module Application

  1. Is your organisation engaged in child related industries or operations?
  2. Does your organisation have contact with children?
  3. Does your organisation have employees that interact with children?
  4. Does your organisation comply with the child safe standards?

 

Module Scope

The AUSTRALIAN CHILD SAFETY module provides information to organisations that operate with children or in child related industries. Organisations have an active and continued legal and moral obligation to protect children from harm.

The AUSTRALIAN CHILD SAFETY module describes and explains these obligations. Organisations that already provide services to children in Australia can use the module to confirm the adequacy of existing compliance measures and be informed on legislative changes in child safety, which is a rapidly changing area of law.

Organisations that are new to the child related industries can use the module to implement policies and procedures to achieve full compliance with the child safety laws relevant to their jurisdiction.

The AUSTRALIAN CHILD SAFETY module comprehensively covers a wide range of topics, including:

  • Employee clearance
  • Child safe standards
  • Child safe investigations
  • Providing safe environments for children
  • Child protection
  • Child safety training
  • Information sharing
  • Policies
  • Reporting requirements
  • E-safety

The aim of this module is to equip the subscriber with knowledge of their obligations and the processes and procedures necessary to establish the relevant systems and operations to ensure compliance with all applicable rules, regulations and mandatory procedures minimising and removing risks of harm for children and young people.

The specific questions and answers covered by the module are:

  • Does the organisation understand and ensure it complies with any information-sharing restrictions and information sharing schemes between agencies and other persons regarding children and young people?
  • Does the relevant organisation ensure it understands the applicable child safe standards in the organisation’s operating jurisdiction and create policy in compliance with those standards?
  • What are the consequences if the legal obligations and regulations are breached?

Ensuring the safety and wellbeing of children is a foremost priority in Australia. All organisations working with children must implement robust policies and procedures to prevent abuse, enable early intervention, and respond to any reports of misconduct.

State, territory and federal laws mandate stringent obligations around working with children checks, reportable conduct schemes, information sharing and online safety. The National Principles for Child Safe Organisations provide overarching standards on issues like families and communities, equity and diversity. Training staff on legislative duties and ensuring the Child Safe Standards are embedded across operations is crucial.

The legislative and regulatory landscape from which the primary legal obligations are derived include:

  • Children and Young People Act 2008 (ACT)
  • Working with Vulnerable People (Background Checking) Act 2011 (ACT)
  • Working with Vulnerable People (Background Checking) Regulation 2012 (ACT)
  • Working with Vulnerable People (Background Checking) Risk Assessment Guidelines 2021 (No 1) (ACT)
  • Working with Vulnerable People Background Checking (Fees) Determination 2022 (No 1) (ACT)
  • Civil Liability Act 2003 (Qld)
  • Child Protection Act 1999 (Qld)
  • Children and Young People (Care and Protection Organisation) Standards 2018 (No 1) (ACT)
  • Children and Young People (Approved Care and Protection Organisations – Intervention) Guidelines 2018 (No 1) (ACT)
  • Children and Young People (Approved Care and Protection Organisations – Monitoring) Guidelines 2018 (No 1) (ACT)
  • Children and Young People (Care and Protection Organisations and Responsible Persons – Suitability Approval Application) Guidelines 2018 (No 1) (ACT)
  • Children and Community Services Act 2004 (WA)
  • Working with Children (Criminal Record Checking) Act 2004 (WA)
  • Children’s Guardian Act 2019 (NSW)
  • Children’s Guardian Regulation 2022 (NSW)
  • Child Protection (Working with Children) Act 2012 (NSW)
  • Child Protection (Working with Children) Regulation 2013 (NSW)
  • Criminal Code Act 1899 (QLD)
  • Care and Protection of Children Act 2007 (NT)
  • Commissioner for Children and Young People Act 2006 (WA)
  • Child Wellbeing and Safety Act 2005 (Vic)
  • Ombudsman Act 1989 (ACT)Education (General Provisions) Act 2006 (QLD)
  • Child and Youth Safe Organisations Bill 2022 (54 of 2022) (TAS)
  • Criminal Code Act 1924 (TAS)
  • Crimes Act 1900 (ACT)
  • Care and Protection of Children (Screening Regulations) 2010 (NT)
  • Working with Children (Risk Management and Screening) Act 2000 (QLD)
  • Working with Children (Risk Management and Screening) Regulation 2020 (QLD)
  • Children and Young People Safety Act 2017 (SA)
  • Child Safety (Prohibited Persons) Act 2016 (SA)
  • Child Safety (Prohibited Persons) Regulations 2019 (SA)
  • Registration to work with vulnerable people Act 2013 (TAS)
  • Registration to Work with Vulnerable People Regulations 2014 (Tas)
  • Registration to Work with Vulnerable People (Risk Assessment for Child-related Activities) Order 2014 (TAS)
  • Worker Screening Act 2020 (VIC)
  • Worker Screening Regulations 2021 (VIC)
  • Working with Children (Criminal Record Checking) Act 2004 (WA)
  • Working with Children (Criminal Record Checking) Regulations 2005 (WA)
  • Registration to Work with Vulnerable People (Risk Assessment for NDIS Endorsed Activities) Order 2020 (Tas)
  • Registration to Work with Vulnerable People (NDIS Disqualifying Offences) Order 2020 (Tas)
  • Education and Care Services National Regulations NSW 2011
  • Education and Care Services National Law Act 2010 (Vic)
  • Children (Education and Care Services National Law Application) Act 2010 (NSW)
  • Education and Care Services National Law (Act) Act 2011
  • Education and Early Childhood Services (Registration and Standards) Act 2011 (SA)
  • Child Wellbeing and Safety Regulations 2017 (Vic)
  • Child Safe Standards (Vic)
  • Children, Young Persons and their Families Act 1997 (Tas)
  • Child Protection Act 1999 (Qld)

Significant consequences can apply to Australian organisations, their employees and authorised individuals found to have breached or not complied with their legal obligations.  These consequences vary considerably depending on the nature and extent of the breach or failure.  The AUSTRALIAN CHILD SAFETY module covers specific consequences in detail which can include significant monetary penalties, disciplinary measures and even criminal convictions.

The AUSTRALIAN CHILD SAFETY module covers the roles and responsibilities of organisations that come into contact with children including schools, institutions, sporting facilities and religious organisations.

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