The number of states and territories that have embedded child safe standards in legislation is growing. In 2024, Tasmania and the Australian Capital Territory introduced child safe standards, and a bill has been proposed in Queensland for the same.
These developments highlight a growing expectation that organisations engaging with children will take proactive steps to provide a safe environment for children. Following the findings of the Royal Commission into Institutional Responses to Child Sexual Abuse, all jurisdictions have been guided by the nationally consistent approach set out in the 10 National Principles for Child Safe Organisations. However, in light of the broader application of child safe standards in legislation, more Australian jurisdictions are communicating a clear commitment to child safety, meaning that organisations should carefully consider strategies to ensure that child safety is a central consideration in all operations.
What are the 10 child safe standards?
The 10 Child Safe Standards are derived from the National Principles for Child Safe Organisations as follows:
- Child safety and wellbeing is embedded in organisational leadership, governance and culture.
- Children and young people are informed about their rights, participate in decisions affecting them, and are taken seriously.
- Families and communities are informed and involved in promoting child safety and wellbeing.
- Equity is upheld and diverse needs are respected in policy and practice.
- People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.
- Processes to respond to complaints and concerns are child focused.
- Staff and volunteers are equipped with the knowledge, skills, and awareness to keep children and young people safe through ongoing education and training.
- Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.
- An organisation’s implementation of the Child Safe Standards is regularly reviewed and improved.
- An organisation’s policies and procedures document how the organisation is safe for children and young people.
What jurisdictions have now legislated the Child Safe Standards?
Victoria and New South Wales were early adopters of child safe standards, which were introduced in 2016 and 2020 respectively. In Victoria, there is an additional standard to address the cultural safety of Aboriginal children and young people.
In Tasmania, the 10 child safe standards were introduced under the Child and Youth Safe Organisations Act 2023, which requires prescribed organisations such as accommodation providers, religious entities, childcare services, child protection and out-of-home care services, disability service providers, and educational and health service providers to comply with the Child and Youth Safe Standards from 1 January 2024.
From 1 July 2024, a broader range of organisations are required to comply with the Child and Youth Safe Standards, including:
- a club, association or cadet organisation that has a significant membership of, or involvement by children;
- a coaching or tuition service for children;
- an entity that provides commercial services to children including, but not limited to entertainment or party services, gym or play facilities, photography services; and talent or beauty competitions;
- a transport service specifically for children; and
- a Neighbourhood House that provides community development, support, training and activity programs.
The Australian Capital Territory has also legislated the 10 child safe standards under the Human Rights Commission (Child Safe Standards) Amendment Act 2024. From 1 August 2024, all providers of services for children and young people will need to implement the Child Safe Standards in the Australian Capital Territory.
Queensland is also in the process of legislating the Child Safe Standards through the Child Safe Organisations Bill 2024, which was introduced into Parliament on 12 June 2024.
Organisations that engage with children in South Australia, Western Australia and the Northern Territory are encouraged to comply with the National Principles for Child Safe Organisations, but these jurisdictions are yet to legislate child safe standards.
How we can help
Meeting the Child Safe Standards is not a tick the box compliance exercise and requires leadership, careful planning, changes in policies and practices, training, empowerment of children and young people, among other things. Organisations operating in multiple jurisdictions should consider adopting a consistent approach to protecting children from abuse and risk of harm, irrespective of whether compliance with child safe standards is required.
Our Safeguarding Team can:
- support you to understand how these standards apply to your organisation, and provide tailored support with updating your policies, procedures, codes of conduct, and practices to ensure they are fit for purpose and align with the child safe standards;
- audit your existing approach to child safety to identify gaps and priorities to meet your obligations;
- provide child safety training to help your people understand their obligations to provide a safe environment for children and young people.
If your organisation needs assistance in determining how these changes impact you, please contact our Safeguarding Team.
Contact us
Please contact us for more detailed and tailored help.
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Disclaimer: This article provides general information only and is not intended to constitute legal advice. You should seek legal advice regarding the application of the law to you or your organisation.