Recommendation 11.17 – Nationally consistent reportable conduct schemes

Australian Capital Territory

Response: Accept in principle
Status: Further work required

What has been achieved to date

No updates as work has not yet commenced.

ACT government response July 2024

The ACT Reportable Conduct Scheme commenced on 1 July 2017, following recommendations made by the Royal Commission into Institutional Responses to Child Sexual Abuse. The Scheme is enshrined in legislation and enables the ACT Ombudsman to oversee how organisations prevent and respond to allegations of child abuse and misconduct. Certain organisations, or 'designated entities’, who work with children and young people aged under 18 years are covered by the Scheme. 

While the Scheme does not explicitly define NDIS or other disability service providers as designated entities, it captures allegations of reportable conduct against any child or young person in health services, kinship and foster care, residential care, school and early education settings, or by a religious body. Designated entities are required to report allegations of child abuse and misconduct to the ACT Ombudsman and develop policies and procedures to prevent and respond to child abuse, including allegations, offences, and convictions relating to ill-treatment of child. 

The ACT Government will explore options to harmonise reportable conduct schemes across jurisdictions, including in relation to the collection and reporting of consistent reportable conduct data and to improve safeguards for children and young people with disability. Any expansion of the ACT Ombudsman's role in relation to disability service providers, including NDIS providers, potentially gives rise to resourcing implications that would need to be further considered by ACT Government.

New South Wales

Response: Accept
Status: In progress

What has been achieved to date

The NSW Office of the Children’s Guardian (OCG) notes that coordination is required at a national level for NSW to implement recommendation 11.17 in full. However, the OCG has progressed discussions consistent with the recommendation to continue implementation where possible. 

In October 2024, the OCG convened and hosted an interjurisdictional forum, at which national consistency regarding Reportable Conduct Schemes was discussed. 

This was followed by the inaugural Interjurisdictional Working Group meeting, held in February 2025. 

The OCG intends to continue conversations regarding national consistency for Reportable Conduct Schemes at ongoing working group meetings and at the next interjurisdictional forum, to be held later in the year.

Separately, in October 2024, states and territories agreed, via the National Strategy to Prevent and Respond to Child Sexual Abuse 2021-2030 Senior Oversight Group, to recognise the Royal Commission into Institutional Responses to Child Sexual Abuse (RCIRCSA) reportable conduct scheme recommendations (7.10–7.12) as the national model. 

It is also noted that DRC Recommendation 11.17(a) proposes that jurisdictions without reportable conduct schemes adopt recommendation 7.9 of the RCIRCSA, which recommends jurisdictions establish nationally consistent legislative schemes based on the approach adopted in NSW.

NSW government response July 2024

NSW has had a robust reportable conduct scheme in place since 1999. The NSW scheme was recommended by the Royal Commission into Institutional Responses to Child Sexual Abuse as the model to adopt across jurisdictions.

NSW supports the need to enhance reportable conduct schemes to better respond to children and young people with disability by pursuing national consistency in relation to key aspects of the scheme.

NSW continues to lead discussions with the Commonwealth, States and Territories about harmonising reportable conduct schemes to improve child safety across Australia, most recently at the National Ministerial Forum on Child Safety on 23 October 2023. At this forum, NSW facilitated jurisdictions’ agreement to improve information sharing across agencies and jurisdictions, as recommended by the Royal Commission into Institutional Responses to Child Sexual Abuse. 

The NSW scheme already applies to conduct that constitutes ‘ill-treatment’ of a child (ss 20 and 23, Children’s Guardian Act 2019). In addition, many disability services are already captured through other reportable conduct categories e.g. if the service provides out-of-home care (OOHC), specialised substitute residential care (previously known as voluntary OOHC), or are within the health, education, child care/early education sector, or are a religious body. The NSW Government will consult with the disability sector, Children’s Guardian, Australian Government, NDIA and NDIS Commission about the recommendation to amend our reportable conduct legislation to explicitly include organisations that provide disability services to children, including NDIS providers.

We will progress the elements of this recommendation that relate to improving data collection and reporting as part of our joint efforts with other jurisdictions to progress the broader data-related recommendations in Volume 12, Beyond the Royal Commission with other jurisdictions.

Northern Territory

Response: Accept in principle
Status: Further work required

What has been achieved to date

The Northern Territory Government is committed to working with jurisdictions to progress a national model for a reportable conduct scheme. Development of a national scheme will be guided by the Commonwealth and will include alignment with any reform undertaken by the NDIS Quality and Safeguards Commission. 

NT government response July 2024

The Northern Territory Government is committed to working with all jurisdictions to progress a national model for reportable conduct under the First National Action Plan of the National Strategy to Prevent and Respond to Child Sexual Abuse 2021-2030. Implementation of a reportable conduct scheme in the Northern Territory will consider the requirements outlined by the Royal Commission into the Institutional Responses to Child Sexual Abuse and the Disability Royal Commission, discussions around harmonisation at a national level, as well as the local context and requirements.

Queensland

Response: Accept in principle
Status: In progress

What has been achieved to date

Some elements of the recommendation are complete, including parts (a) and (b) which were delivered by passage of the Child Safe Organisations Act 2024 (Qld) on 11 September 2024. 

The Child Safe Organisations Act 2024 (Qld) establishes a nationally consistent reportable conduct scheme for Queensland.

Part (c) is also partly complete noting reportable conduct scheme obligations will apply to registered National Disability Insurance Scheme providers; and ill treatment is included in the definition of reportable conduct. The reportable conduct scheme is due to commence from 1 July 2026, with implementation commencing in phases across sectors. From 1 July 2026, organisations providing services for children with disability will be required to report concerning conduct regarding staff and volunteers who work with children. 

QLD government response

The Queensland Government remains committed to implementing the recommendations of the Disability Royal Commission. The Queensland Government has updated its responses to a range of Disability Royal Commission recommendations to reflect contemporary Queensland Government policy and commitments.

2025 response

The Queensland Government is committed to an integrated child safe organisations system in Queensland that requires and supports organisations to implement the Royal Commission into Institutional Responses to Child Sexual Abuse recommended 10 Child Safe Standards.

South Australia

Response: Subject to further consideration
Status: Subject to further consideration

What has been achieved to date

The South Australian Government remains committed to considering this recommendation further and will provide a response in due course.

SA government response July 2024

South Australia has a number of child safeguarding mechanisms in place which cover all children, including children with disability. South Australia does not currently have a reportable conduct scheme (RCS), in accordance with Recommendation 7.9 of the Disability Royal Commission into Institutional Responses to Child Sexual Abuse. South Australia continues to consider an RCS and is monitoring the schemes in other jurisdictions to inform potential future directions.

Tasmania

Response: Subject to further consideration
Status: Subject to further consideration

What has been achieved to date

The Tasmanian Government remains committed to considering this recommendation further.

TAS government response July 2024

The Tasmanian Government needs to further consider what this recommendation means for Tasmania.

Due to Tasmania's 2023 Commission of Inquiry and development of the Tasmanian Disability Inclusion and Safeguarding Bill there is significant work already being undertaken in relation to reportable conduct schemes.

Tasmania's Reportable Conduct Scheme (established by the Child and Youth Safe Organisations Act 2023) commenced 1 January 2024. 

Since the start of the scheme, the Office of Independent Regulator has received a significant number of reportable conduct matters.

Victoria

Response: Accept in part
Status: In progress

What has been achieved to date

Victoria has a Reportable Conduct Scheme that is largely based on the New South Wales model. We are continuing to investigate approaches to ensure that the Reportable Conduct Scheme across jurisdictions operate seamlessly. The 5-year review of the Victorian Reportable Conduct Scheme looked into opportunities for the Victorian Government to increase interstate information sharing to ensure the schemes in different states operate and interact with each other seamlessly. The Victorian Government also participates in the Child Safe Organisations Working Group, where discussions have included mapping definitions with the aim to address inconsistencies between schemes in different states and territories.

VIC government response July 2024

We accept this recommendation in part.

a) Victoria has a reportable conduct scheme that is largely based on the New South Wales scheme.

b) We are investigating approaches to ensure that the Reportable Conduct Scheme across jurisdictions operate seamlessly. For example, the 5-year review of the Victorian Reportable Conduct Scheme looked into opportunities for the Victorian Government to increase interstate information sharing to ensure the schemes in different states operate and interact with each other seamlessly.

c) Disability service providers within the meaning of the Disability Act 2006 (Vic) that provides residential services for children with a disability must comply with the scheme. This also includes other applicable entities that provide disability services.

We do not support parts of the recommendation. This includes including ‘ill-treatment’ in the definition of reportable conduct. It also includes enabling reportable conduct scheme operators to adopt a common definition of disability.

In addition, we need to consult with the Commission for Children and Young People. We need to make sure they can collect and publicly report consistent data about reportable conduct notifications and outcomes relating to children with disability.

The Victorian review of the Reportable Conduct Scheme found that people are confused about the definitions of reportable conduct under the Act.

Including ill-treatment as an additional definition could add to this confusion.

Current definitions of physical violence and significant emotional harm are likely to cover the definition of ‘ill-treatment'.

Western Australia

Response: Accept in principle
Status: Further work required

What has been achieved to date

The WA Government will consult with other jurisdictions to consider the detailed definition of reportable conduct and identify options to support national consistency across schemes.

WA government response July 2024

The WA Government accepts in principle this recommendation and already has established a Reportable Conduct Scheme with providers of Disability Services included from January 2024. Full implementation is subject to consideration of including 'ill treatment' in the definition of reportable conduct and any associated legislative amendments.

What the Disability Royal Commission said in the final report

States and territories should:

a) establish reportable conduct schemes, where not already in place, in accordance with Recommendation 7.9 of the Royal Commission into Institutional Responses to Child Sexual Abuse and make public their intended timeframe for doing so

b) take action to harmonise their reportable conduct schemes

c) introduce or amend existing legislation to:

• ensure disability service providers that deliver supports or services to children with disability, including NDIS providers, are included in their reportable conduct scheme
• include ‘ill-treatment’ in the definition of reportable conduct
• enable reportable conduct scheme operators to adopt a common definition of disability
• require reportable conduct scheme operators to collect and publicly report consistent data about reportable conduct notifications and outcomes relating to children with disability.

More recommendations

View progress on other recommendations made by the Royal Commission.