Following recommendations from a 2024 statutory review, amendments to the Children's Guardian Act 2019 (NSW) (Act) received Royal Assent on 15 August 2025. With commencement split between August and October this year, and final provisions commencing October 2026, these changes intend to broaden the scope of the Reportable Conduct Scheme in NSW.  

The Act and Reportable Conduct Scheme regulate persons and organisations that provide services to children. These organisations include:

• companies in the entertainment and exhibition industries that employ children;

• non-government and government schools and education providers;

• religious bodies which provide services to children;

• a club or entity that provides recreational programs and services to children;

• health organisations and services;

• agencies providing substitute or specialised residential care for children; and

• adoption service providers. 

The amendments affect the Reportable Conduct Scheme and clarify obligations concerning the reporting, investigating and disclosing of information. Key amendments are outlined below:  

Inclusion of guiding principle to consult with Aboriginal and Torres Strait Islander communities
This inclusion prioritises collaboration and consultation with Aboriginal and Torres Strait Islander individuals and communities in relation to internal policy and procedural changes, ensuring that their perspectives are considered and prioritised in decision-making processes.  

Expanding the definition of reportable conduct
The meaning of "sexual offence" has been altered to include voyeurism. Additionally, under the definition of "neglect", the example of failing to seek medical treatment for a child has been included.  

Clarifying the rights of employees and disclosure procedures during investigations
Employees who are the subject of allegations of reportable conduct may make written submissions to the investigating body before any final determination. In these submissions, the employee can outline reasons why the behaviour being investigated should not be considered reportable conduct. These submissions are to be included in any final report resulting from a determination.

Furthermore, amendments to disclosure procedures aim to prioritise personal safety and prevent prejudice. The head of a relevant entity may disclose to an employee that an allegation of reportable conduct has been made. They may also choose to disclose the relevant determination, prepared reasons for the determination, and any planned future actions to be taken. However, this information cannot be disclosed where it could affect a person's health or safety, prejudice a future investigation, or create a risk of harassment or intimidation.  

Inclusion of children employed in entertainment and exhibition industries
The Act now applies to children employed in the entertainment and exhibition industries. Children employed in these industries now have stricter limitations on the maximum days per week and hours per day they may work. These changes apply to children under the age of 16 who are provided a material benefit for activities including:

• Acting

• Dancing

• Miming

• Playing of an instrument

• Singing

• Speaking

• Modelling

• Presenting

• Demonstrations

• Promotional work including advertising

• Rehearsing

• Publicity 

It is important that any organisations working with children review and consider their existing child safeguarding policies and procedures before commencement of these amendments. The Act and corresponding explanatory notes can be found here for further reference. For guidance on managing potential risks and insurance implications, please contact our Institutional, Risk & Liability team.