From 1 January 2027, Queensland schools will be subject to a new legal framework for responding to child abuse and misconduct: the Reportable Conduct Scheme (RCS).

Introduced under the Child Safe Organisations Act 2024, the RCS complements the Child Safe Standards (see more in our article Raising the Standard: What Queensland Schools Must Do Before 2026) by setting out how schools and child-safe entities must respond when allegations arise and what systems must be in place to prevent harm in the first place.

This article outlines the implementation timeline, reporting obligations, interaction with other mandatory reporting laws, and practical steps for compliance.  

The RCS is designed to ensure that schools and other child-safe entities have robust systems to:

• Prevent reportable conduct by workers.

• Enable reporting of allegations or convictions.

• Investigate and respond to concerns.

• Notify the QFCC (Queensland Family and Child Commission) of reportable matters.

The scheme applies to the head of a reporting entity (typically the Principal, Manager, or Chief Executive), who holds primary legal responsibility. These duties are non-delegable and must be exercised locally, even where a governing body exists. 

• From 1 January 2026: Schools must comply with the Child Safe Standards and Universal Principle.

• From 1 January 2027: Schools must have systems in place to comply with the Reportable Conduct Scheme.

Reportable conduct includes a range of behaviours by workers (including former workers) that pose a risk to children. It applies regardless of whether the conduct occurred during work or outside of work.

Categories of reportable conduct:

• Child sexual offences: Any criminal sexual abuse of a child (e.g., assault, grooming, exploitation material).

• Sexual misconduct: Inappropriate sexual behaviour that doesn’t meet the criminal threshold (e.g., sexualised jokes or comments).

• Ill-treatment: Seriously improper or cruel treatment (e.g., excessive discipline, degrading behaviour).

• Significant neglect: Reckless or deliberate failure to meet a child’s basic needs, causing harm.

• Physical violence: Non-trivial physical force or assault committed on or around a child.

• Significant emotional and psychological harm: Serious trauma or developmental harm caused by non-physical actions.

Note: While peer-to-peer harm is covered under the Child Safe Standards, only worker conduct is reportable under the RCS.

When a person (Notifier) becomes aware of a reportable allegation or conviction, a structured response process commences under the Act:

Failure to comply with these steps may result in penalties of up to 100 penalty units. As of 1 July 2025, the penalty unit value is $166.90.  

The QFCC plays an active role in monitoring and enforcing compliance. It may:

• review investigations;

• request further information;

• conduct its own investigation; and/or

• appoint authorised officers with powers to enter premises, inspect documents, and enforce compliance. 

Obstructing an authorised officer or failing to assist may result in penalties of up to 50 units.

The RCS does not override other mandatory reporting obligations. Schools and child-safe entities must assess whether a concern falls under the RCS. However, their obligations do not stop there: they must also determine whether any other statutory duties are triggered.

When responding to reportable conduct:

1. Step one: Assess the nature of the concern

Before taking action, school leaders must assess whether the concern:

• falls under the Reportable Conduct Scheme (RCS), and/or

• triggers other mandatory reporting obligations.

2. What if it involves a teacher?

If the allegation involves a teacher and relates to significant harm to a child’s physical, psychological, or emotional wellbeing, the principal must also notify the Queensland College of Teachers (QCT) as soon as they begin dealing with the allegation. The QCT must also be notified of the outcome of any investigation.

3. If the concern triggers mandatory reporting

Some individuals, such as teachers and registered nurses, are mandatory reporters under the Child Protection Act. If they form a reportable suspicion that:

• a child has suffered, is suffering, or is at risk of suffering significant harm, and

• they reasonably suspect the child does not have a parent able and willing to protect them.

Then they must make a report to Child Safety in accordance with the regulations. Any person, even if not a mandatory reporter, can make such a report at any time.

4. If the allegation involves sexual abuse

All staff must immediately provide a written report to the principal or a director of the school’s governing body if they believe a student:

• has been;

• is being, or

• is likely to be sexually abused by another person.

Sexual abuse includes any situation involving coercion, exploitation, violence or threats, or a power imbalance, for example due to intellectual capacity or maturity.

Once such a report is received, the principal must then forward the report to the police in accordance with the Education (General Provisions) Act.

Under the Criminal Code, all adults are also legally required to report to the police if they become aware of information that causes them to reasonably believe a child sexual offence has occurred (Criminal Code, Schedule 1).

Reporting child safety concerns often means sharing sensitive personal information about a child and teacher/carer/staff member. That can feel at odds with data protection and privacy principles.

But here's the key message: You’re required to report, and you are protected from liability when you do so in good faith and without negligence (see Education (General Provisions) Act s 366; Child Safe Organisations Act s 59).  

This does not mean that privacy and data security can be overlooked. What considerations should you keep in mind?

• Confidentiality is critical: Only share details with those who need to know. Don’t discuss allegations with colleagues or parents.

• Use secure channels: Avoid personal email or messaging apps. Use official systems like your safeguarding portal. If emailing, use strong passwords and avoid public Wi-Fi.

• Support volunteers or other reporters outside your organisation: They may not have access to secure systems. Provide clear instructions and procedures.

• Store reports securely: Lock physical files. Restrict access to digital ones. Only authorised staff should see them.

Poor data handling can cause real harm. Breaches can lead to stigma, retaliation, or further trauma for the child. And under the Child Safe Organisations Act, the QFCC may find your organisation non-compliant if your systems don’t protect sensitive information.  

With the Reportable Conduct Scheme set to commence on 1 January 2027, schools should begin laying the groundwork now to ensure compliance and protect children from harm. Some key steps to take are:

1. Review your reporting and investigation systems

Audit your current systems to ensure they:

• Allow any person to report concerns about worker conduct.

• Include clear procedures for investigation, documentation, and follow-up.

• Are accessible to staff, volunteers, and external stakeholders.

2. Update policies to reflect the RCS and other legal obligations

Ahead of 1 January 2027, reporting entities should ensure their child safety policies:

• Clearly define reportable conduct categories.

• Outline reporting pathways and investigation procedures.

• Align with the Child Safe Standards and Universal Principle.

• Maintain obligations under other laws (e.g., Child Protection Act, Education (General Provisions) Act, QCT Act).

3. Train staff to recognise and respond to reportable conduct

Training should be:

• Delivered to all staff, including casuals, volunteers, and student leaders.

• Focused on recognising signs of harm and misconduct.

• Clear about internal and external reporting obligations.

• Supported by practical resources and refresher sessions.

The key message is do not wait until 2027. Begin consulting with your legal and governance teams now to:

• Clarify roles and responsibilities.

• Resolve any ambiguity around reporting thresholds.

• Ensure your systems meet the expectations of the QFCC.

• Prepare for oversight, audits, and enforcement action if necessary.

If you need guidance or support in applying these strategies, please contact Jay or Megan in our Employment & Safety team to discuss your specific situation.