The Royal Commission into Institutional Responses to Child Sexual Abuse delivered a total of 409 recommendations across 4 reports. Of these recommendations, 256 are for the Government of South Australia to action.

Read about each recommendation on this page, including details of the South Australian Government’s progress so far.

Many recommendations are the responsibility of the Australian Government, other state and territory governments, religious institutions and non-government institutions. More information can be found on the Australian Government Response website.

Read more about our recent progress implementing the recommendations of the Royal Commission in the latest annual report.

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6.04 Final Report

All institutions should uphold the rights of the child. Consistent with Article 3 of the United Nations Convention on the Rights of the Child, all institutions should act with the best interests of the child as a primary consideration. In order to achieve this, institutions should implement the Child Safe Standards identified by the Royal Commission.

  • December 2019 update

    The National Statement of Principles for Child Safe Organisations was endorsed by the Council of Australian Governments (COAG) in February 2019.

    Implementation of National Principles into South Australia’s existing regulatory and policy framework will commence in late 2019.

    Additional guidance and materials will be developed to support South Australian organisations, particularly smaller organisations and sole traders to understand and implement the principles.

    Government response: Accepted in principle
    Lead agency: Department of Human Services
    Recommendation progress status: Implementing

6.05 Final Report

The Child Safe Standards are:

  1. child safety is embedded in institutional leadership, governance and culture
  2. children participate in decisions affecting them and are taken seriously
  3. families and communities are informed and involved
  4. equity is upheld and diverse needs are taken into account
  5. people working with children are suitable and supported
  6. processes to respond to complaints of child sexual abuse are child focused
  7. staff are equipped with the knowledge, skills and awareness to keep children safe through continual education and training
  8. physical and online environments minimise the opportunity for abuse to occur
  9. implementation of the Child Safe Standards is continuously reviewed and improved
  10. policies and procedures document how the institution is child safe.
  • December 2019 update

    See response to Recommendation 6.4.

    Government response: Accepted in principle
    Lead agency: Department of Human Services
    Recommendation progress status: Implementing

6.06 Final Report

Institutions should be guided by the following core components when implementing the Child Safe Standards.

Standard 1: Child safety is embedded in institutional leadership, governance and culture.

  1. The institution publicly commits to child safety and leaders champion a child safe culture.
  2. Child safety is a shared responsibility at all levels of the institution.
  3. Risk management strategies focus on preventing, identifying and mitigating risks to children.
  4. Staff and volunteers comply with a code of conduct that sets clear behavioural standards towards children.
  5. Staff and volunteers understand their obligations on information sharing and record keeping.

Standard 2: Children participate in decisions affecting them and are taken seriously.

  1. Children are able to express their views and are provided opportunities to participate in decisions that affect their lives.
  2. The importance of friendships is recognised and support from peers is encouraged, helping children feel safe and be less isolated.
  3. Children can access sexual abuse prevention programs and information.
  4. Staff and volunteers are attuned to signs of harm and facilitate child-friendly ways for children to communicate and raise their concerns.

Standard 3: Families and communities are informed and involved.

  1. Families have the primary responsibility for the upbringing and development of their child and participate in decisions affecting their child.
  2. The institution engages in open, two-way communication with families and communities about its child safety approach and relevant information is accessible.
  3. Families and communities have a say in the institution’s policies and practices.
  4. Families and communities are informed about the institution’s operations and governance.

Standard 4: Equity is upheld and diverse needs are taken into account.

  1. The institution actively anticipates children’s diverse circumstances and responds effectively to those with additional vulnerabilities.
  2. All children have access to information, support and complaints processes.
  3. The institution pays particular attention to the needs of Aboriginal and Torres Strait Islander children, children with disability, and children from culturally and linguistically diverse backgrounds.

Standard 5: People working with children are suitable and supported.

  1. Recruitment, including advertising and screening, emphasises child safety.
  2. Relevant staff and volunteers have Working with Children Checks.
  3. All staff and volunteers receive an appropriate induction and are aware of their child safety responsibilities, including reporting obligations.
  4. Supervision and people management have a child safety focus.

Standard 6: Processes to respond to complaints of child sexual abuse are child-focused.

  1. The institution has a child-focused complaint handling system that is understood by children, staff, volunteers and families.
  2. The institution has an effective complaint handling policy and procedure which clearly outline roles and responsibilities, approaches to dealing with different types of complaints and obligations to act and report.
  3. Complaints are taken seriously, responded to promptly and thoroughly, and reporting, privacy and employment law obligations are met.

Standard 7: Staff are equipped with the knowledge, skills and awareness to keep children safe through continual education and training.

  1. Relevant staff and volunteers receive training on the nature and indicators of child maltreatment, particularly institutional child sexual abuse.
  2. Staff and volunteers receive training on the institution’s child safe practices and child protection.
  3. Relevant staff and volunteers are supported to develop practical skills in protecting children and responding to disclosures.

Standard 8: Physical and online environments minimise the opportunity for abuse to occur.

  1. Risks in the online and physical environments are identified and mitigated without compromising a child’s right to privacy and healthy development.
  2. The online environment is used in accordance with the institution’s code of conduct and relevant policies.

Standard 9: Implementation of the Child Safe Standards is continuously reviewed and improved.

  1. The institution regularly reviews and improves child safe practices.
  2. The institution analyses complaints to identify causes and systemic failures to inform continuous improvement.

Standard 10: Policies and procedures document how the institution is child safe.

  1. Policies and procedures address all Child Safe Standards.
  2. Policies and procedures are accessible and easy to understand.
  3. Best practice models and stakeholder consultation inform the development of policies and procedures.
  4. Leaders champion and model compliance with policies and procedures.
  5. Staff understand and implement the policies and procedures.
  • December 2019 update

    See response to Recommendation 6.4.

    Government response: Accepted in principle
    Lead agency: Department of Human Services
    Recommendation progress status: Implementing

6.07 Final Report

The national Child Safe Standards developed by the Royal Commission and listed at recommendation 6.5 should be adopted as part of the new National Statement of Principles for Child Safe Organisations described by the Community Services Ministers' Meeting in November 2016. The National Statement of Principles for Child Safe Organisations should be endorsed by the Council of Australian Governments.

  • December 2019 update

    The Government of South Australia supports the Royal Commission’s Child Safe Standards. Since 2005, South Australia has had legislative obligations for organisations providing services to children and young people to provide child safe environments. Over the last 15 years, these obligations have been expanded and applied to additional service types.

    The current child safe environments obligations for South Australian organisations providing services to children and young people means SA is well placed to meet the National Principles for Child Safe Organisations.

    The National Principles were endorsed by members of the Council of Australian Governments (COAG) in February 2019. South Australia is continuing to work with all governments, including the National Office for Child Safety, to ensure South Australia’s child safe environments program is aligned to the National Child Safe Standards.

    Government response: Accepted
    Lead agency: Department for Child Protection (DCP)
    Recommendation progress status: Implementing

6.08 Final Report

State and territory governments should require all institutions in their jurisdictions that engage in child-related work to meet the Child Safe Standards identified by the Royal Commission at Recommendation 6.5.

  • December 2019 update

    On 1 July 2019, the Child Safety (Prohibited Persons) Act 2016 commenced, establishing a Working with Children Check scheme in South Australia. The Act outlines the definitions of working with children and undertaking child-related work, consistent with recommendation 6.9.

    The Children and Young People (Safety) Act 2017 requires all state authorities, organisations and people working with children or  undertaking child-related work to ensure their environments are safe for children and young people.

    Government response: Accepted in principle
    Lead agency: Department of Human Services
    Recommendation progress status: Implementing

6.09 - Final Report

Legislative requirements to comply with the Child Safe Standards should cover institutions that provide:

  1. accommodation and residential services for children, including overnight excursions or stays
  2. activities or services of any kind, under the auspices of a particular religious denomination or faith, through which adults have contact with children
  3. childcare or childminding services
  4. child protection services, including out-of-home care
  5. activities or services where clubs and associations have a significant membership of, or involvement by, children
  6. coaching or tuition services for children
  7. commercial services for children, including entertainment or party services, gym or play facilities, photography services, and talent or beauty competitions
  8. services for children with disability
  9. education services for children
  10. health services for children
  11. justice and detention services for children, including immigration detention facilities
  12. transport services for children, including school crossing services.
  • December 2019 update

    See response to Recommendation 6.8.  The definition of working with children and child-related work set out in the Child Safety (Prohibited Persons) Act 2016 is consistent with this recommendation.

    Government response: Accepted in principle
    Lead agency: Department of Human Services
    Recommendation progress status: Implementing

6.10 - Final Report

State and territory governments should ensure that:

  1. an independent oversight body in each state and territory is responsible for monitoring and enforcing Child Safe Standards. Where appropriate, this should be an existing body.
  2. the independent oversight body is able to delegate responsibility for monitoring and enforcing the Child Safe Standards to another state or territory government body, such as a sector regulator.
  3. regulators take a responsive and risk-based approach when monitoring compliance with the Child Safe Standards and, where possible, utilise existing regulatory frameworks to monitor and enforce the Child Safety Standards.
  • December 2019 update

    The Government of South Australia is actively considering recommendations relating to an independent oversight body responsible for monitoring and enforcing the Child Safe Standards.

    This includes investigating whether any existing independent bodies could undertake the oversight and monitoring functions described.

    Government response: For further consideration
    Lead agency: Department for Education
    Recommendation progress status: Planning

6.11 - Final Report

Each independent state and territory oversight body should have the following additional functions:

  1. provide advice and information on the Child Safe Standards to institutions and the community
  2. collect, analyse and publish data on the child safe approach in that jurisdiction and provide that data to the proposed National Office for Child Safety
  3. partner with peak bodies, professional standards bodies and/or sector leaders to work with institutions to enhance the safety of children
  4. provide, promote or support education and training on the Child Safe Standards to build the capacity of institutions to be child safe
  5. coordinate ongoing information exchange between oversight bodies relating to institutions’ compliance with the Child Safe Standards.
  • December 2019 update

    See the response for Recommendation 6.10.

    Government response: For further consideration
    Lead agency: Department for Education
    Recommendation progress status: Planning

6.15 - Final Report

The Australian Government should develop a new National Framework for Child Safety in collaboration with state and territory governments. The Framework should:

  1. commit governments to improving the safety of all children by implementing long-term child safety initiatives, with appropriate resources, and holding them to account
  2. be endorsed by the Council of Australian Governments and overseen by a joint ministerial body
  3. commence after the expiration of the current National Framework for Protecting Australia’s Children, no later than 2020
  4. cover broader child safety issues, as well as specific initiatives to better prevent and respond to institutional child sexual abuse including initiatives recommended by the Royal Commission
  5. include links to other related policy frameworks.
  • December 2018 update

    The Government of South Australia is committed to collaborating with other jurisdictions and key stakeholders to progress a new National Framework for Child Safety.

    In August 2019 attendees from government agencies and the non-government sector participated in an SA consultation workshop facilitated by Families Australia and co-chaired by the Chief Executive of the Department for Child Protection, to discuss ideas and future priorities for a new National Framework.

    South Australia will continue to work in partnership with the Australian Government and states and territories to develop a new National Framework to achieve real change for Australian families, children and young people.

    Government response: Accepted in principle
    Lead agency: Department for Child Protection (DCP)
    Recommendation progress status: Implementing

6.19 - Final Report

Ministers for education, through the Council of Australian Governments, should establish a nationally consistent curriculum for online safety education in schools. The Office of the eSafety Commissioner should be consulted on the design of the curriculum and contribute to the development of course content and approaches to delivery. The curriculum should:

  1. be appropriately staged from Foundation year to Year 12 and be linked with related content areas to build behavioural skills as well as technical knowledge to support a positive and safe online culture
  2. involve children and young people in the design, delivery and piloting of new online safety education, and update content annually to reflect evolving technologies, online behaviours and evidence of international best practice approaches
  3. be tailored and delivered in ways that allow all Australian children and young people to reach, access and engage with online safety education, including vulnerable groups that may not access or engage with the school system.
  • December 2019 update

    The Government of South Australia supports a nationally consistent curriculum for online safety education in schools. It will continue to engage with the Australian Government and other states and territories on this recommendation through the Council of Australian Governments Education Council. Should a recommendation be made or new resources developed to ensure national consistency, South Australia will consider how to integrate these into its existing Keeping Safe: Child Protection Curriculum (KS: CPC) program.

    Government response: Accepted in principle
    Lead agency: Department for Education
    Recommendation progress status: Planning

6.21 - Final Report

Pre-service education and in-service staff training should be provided to support child-related institutions in creating safe online environments. The Office of the eSafety Commissioner should advise on and contribute to program design and content. These programs should be aimed at:

  1. tertiary students studying university, technical and further education, and vocational education and training courses, before entering child-related occupations; and could be provided as a component of a broader program of child sexual abuse prevention education (see Recommendation 6.2)
  2. staff and volunteers in schools and other child-related organisations, and could build on the existing web-based learning programs of the Office of the eSafety Commissioner.
  • December 2019 update

    The Government of South Australia is engaging with the Australian Government and other states and territories on this recommendation through the Council of Australian Governments Education Council.

    Implementation of this recommendation is considered a long-term project which will require collaboration with the higher education, vocational education and early childhood education and care sectors.

    In the interim, analysis will be undertaken by the Department for Education to identify any gaps in current training activities and programs as they apply to pre-service and in-service staff working or seeking employment in education and care settings.

    Government response: Accepted in principle
    Lead agency: Department for Education
    Recommendation progress status: Planning

6.23 - Final Report

State and territory education departments should consider introducing centralised mechanisms to support government and non-government schools when online incidents occur. This should result in appropriate levels of escalation and effective engagement with all relevant entities, such as the Office of the eSafety Commissioner, technical service providers and law enforcement.

Consideration should be given to:

  1. adopting the promising model of the Queensland Department of Education and Training’s Cyber Safety and Reputation Management Unit, which provides advice and a centralised coordination function for schools, working in partnership with relevant entities to remove offensive online content and address other issues
  2. strengthening or re-establishing multi-stakeholder forums and case-management for effective joint responses involving all relevant agencies, such as police, education, health and child protection.
  • December 2019 update

    The Government of South Australia supports the intention of this recommendation by continuing its existing centralised model for managing high level critical incidents in government schools and by developing guidance for government and non-government schools to support responses to online incidents. This cross-sector guidance will include advice on when to engage other agencies such as the South Australian Police.

    Government response: Accepted in principle
    Lead agency: Department for Education
    Recommendation progress status: Implementing

6.24 - Final Report

In consultation with the eSafety Commissioner, police commissioners from states and territories and the Australian Federal Police should continue to ensure national capability for coordinated, best practice responses by law enforcement agencies to online child sexual abuse. This could include through:

  1. establishing regular meetings of the heads of cybersafety units in all Australian police departments to ensure a consistent capacity to respond to emerging incidents and share best practice approaches, tools and resources
  2. convening regular forums and conferences to bring together law enforcement, government, the technology industry, the community sector and other relevant
  3. stakeholders to discuss emerging issues, set agendas and identify solutions to online child sexual abuse and exploitation
  4. building capability across police departments, through in-service training for:
    1. frontline police officers to respond to public complaints relating to issues of online child sexual abuse or harmful sexual behaviours
    2. police officers who liaise with young people in school and community settings.
  • December 2018 update

    SAPOL has a number of initiatives in place that support Recommendation 6.24:

    • Membership of the National Cybercrime Joint Management Group.
    • The Child Protection Working Group, under the national Serious Organised Crime Coordination Committee. This forum also oversees the Joint Anti Child Exploitation Team (JACET) model in each jurisdiction.
    • SAPOL has developed an Online Covert Investigations (Child Exploitation) Course, which was first conducted in November 2017.
    • SAPOL's State Community Engagement Section has been working in partnership with the Australian Federal Police to deliver the "ThinkUKnow" sessions to a large number of community groups in South Australia for the past four years.
    • Sexual offence training is provided to SAPOL recruits at the Academy, and a filming and sexting online training package is also available to officers.

    Further to these initiatives, SAPOL has a Memorandum of Understanding (MOU) with the eSafety Commissioner which outlines the process for the exchange of information.

    Referrals from the eSafety Commissioner are received by SAPOL on the Australian Cybercrime Online Reporting Network. SAPOL’s Public Protection Branch commenced operation on 18 October 2018 which provides coordination of SAPOL policy and training in regard to matters of child protection, including online child sexual abuse.

    Government response: Accepted
    Lead agency: South Australia Police
    Recommendation progress status: Complete

7.01 - Final Report

State and territory governments that do not have a mandatory reporter guide should introduce one and require its use by mandatory reporters.

  • December 2018 update

    The Department for Child Protection’s Mandatory Reporting Guide was updated in August 2018 and training has been delivered to staff in government and non-government agencies.

    The guide helps mandatory notifiers understand the threshold for reporting concerns to the Department for Child Protection through the Child Abuse Report Line.

    Government response: Accepted in principle
    Lead agency: Department for Child Protection (DCP)
    Recommendation progress status: Complete

7.02 - Final Report

Institutions and state and territory governments should provide mandatory reporters with access to experts who can provide timely advice on child sexual abuse reporting obligations.

  • December 2018 update

    Staff at the Child Abuse Report Line (CARL) and in the Crisis Response Unit are trained in the Structured Decision Making Response Priority Tool, which supports the assessment and prioritisation of allegations of sexual abuse.

    When a caller rings to make a notification, professionally trained CARL staff can provide expert advice on child sex abuse reporting obligations.

    Government response: Accepted
    Lead agency: Department for Child Protection (DCP)
    Recommendation progress status: Complete

7.03 - Final Report

State and territory governments should amend laws concerning mandatory reporting to child protection authorities to achieve national consistency in reporter groups. At a minimum, state and territory governments should also include the following groups of individuals as mandatory reporters in every jurisdiction:

  1. out-of-home care workers (excluding foster and kinship/relative carers)
  2. youth justice workers
  3. early childhood workers
  4. registered psychologists and school counsellors
  5. people in religious ministry.
  • December 2018 update

    Section 30 of the new Children and Young People (Safety) Act 2017, came into effect on 22 October 2018 and includes the recommended groups in the list of mandatory notifiers.

    Government response: Accepted
    Lead agency: Department for Child Protection (DCP)
    Recommendation progress status: Complete

7.04 - Final Report

Laws concerning mandatory reporting to child protection authorities should not exempt persons in religious ministry from being required to report knowledge or suspicions formed, in whole or in part, on the basis of information disclosed in or in connection with a religious confession.

  • December 2018 update

    Section 30 of the new Children and Young People (Safety) Act 2017 came into effect on 22 October 2018 and requires that ministers of religion are subjected to mandatory reporting requirements, even if they receive relevant information through a religious confession.

    Government response: Accepted
    Lead agency: Department for Child Protection (DCP)
    Recommendation progress status: Complete

7.5 - Final Report

The Australian Government and state and territory governments should ensure that legislation provides comprehensive protection for individuals who make reports in good faith about child sexual abuse in institutional contexts. Such individuals should be protected from civil and criminal liability and from reprisals or other detrimental action as a result of making a complaint or report, including in relation to:

  1. mandatory and voluntary reports to child protection authorities under child protection legislation
  2. notifications concerning child abuse under the Health Practitioner Regulation National Law.
  • December 2018 update

    1. In line with this recommendation, the Children and Young People (Safety) Act 2017 provides comprehensive protection for people who make mandatory or voluntary reports to the Department for Child Protection (DCP) concerning child abuse or neglect.  These protections include:
      • A person who reports a suspicion in accordance with the Act cannot be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct (section 166(4) of the Act).
      • A person must not cause detriment (for example threaten, intimidate or cause damage, loss or disadvantage) to a person because they have reported, or propose to report, suspected harm (section 165(1) of the Act).

      Information regarding these protections are communicated to notifiers via the DCP reporting child abuse webpages and are incorporated into the Safe Environments for Children and Young People training program.

      Additionally, the following laws also provide protections that may apply to people in South Australia who make reports in good faith about child sexual abuse in an institutional context:

      • Section 5 of the Whistleblowers Protection Act 1993, which provides immunity from civil or criminal liability for a person disclosing public interest information, including a disclosure about sexual abuse.
      • The Health and Community Services Complaints Act 2004, which protects people from civil action when they make a complaint under the Act and makes it an offence to retaliate against the person.
    2. On 7 March 2019, the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2019 was assented to. These amendments include new provisions to strengthen the reporting of sexual misconduct by requiring treating practitioners to report past, current and future risk of sexual misconduct in line with community expectations and the findings of the Royal Commission.
      Section 237 of the National Law provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.

      The amendments relating to strengthened reporting of sexual misconduct are expected to commence in early 2020, after a national education campaign has been undertaken.

    Government response: a) For further consideration b) Accepted in principle
    Lead agency: Department for Child Protection (DCP)
    Recommendation progress status: Implementing

7.06 - Final Report

State and territory governments should amend child protection legislation to provide adequate protection for individuals who make complaints or reports in good faith to any institution engaging in child-related work about:

  1. child sexual abuse within that institution or
  2. the response of that institution to child sexual abuse.
  • December 2019 update

    The Government of South Australia will further consider whether future changes should be made to the Children and Young People (Safety) Act 2017 (the Act) or other legislation to better allow internal complaints to be made to institutions.

    The Act requires State Authorities and other organisations providing services for children and young people to put in place policies and procedures designed to ensure that safe environments for children and young people are established and maintained by organisations. While these requirements do not specifically address protections for people who report concerns to the organisation, they do require organisations to set out how they will manage breaches of their code of conduct and situations where a child or young person may be placed at risk because of the action or inaction of a person involved with the organisation and to make this information available to those involved in their organisation (including employees, parents, etc).

    Government response: For further consideration
    Lead agency: Department for Child Protection (DCP)
    Recommendation progress status: For further consideration

7.07 - Final Report

Consistent with 'Child Safe Standard 6: Processes to respond to complaints of child sexual abuse are child focused', institutions should have a clear, accessible and child-focused complaint handling policy and procedure that sets out how the institution should respond to complaints of child sexual abuse. The complaint handling policy and procedure should cover:

  1. making a complaint
  2. responding to a complaint
  3. investigating a complaint
  4. providing support and assistance
  5. achieving systemic improvements following a complaint.
  • December 2019 update

    The Child Safe Environments Program requires all organisations engaged in child-related work to establish a complaint handling process consistent with this recommendation. The Government of South Australia is considering the suitability of the complaint handling resources recently released by the National Office for Child Safety.

    Government response: Accepted in principle
    Lead agency: Department of Human Services
    Recommendation progress status: Implementing

7.08 - Final Report

Consistent with 'Child Safe Standard 1: Child safety is embedded in institutional leadership, governance and culture', institutions should have a clear code of conduct that:

  1. outlines behaviours towards children that the institution considers unacceptable, including concerning conduct, misconduct or criminal conduct
  2. includes a specific requirement to report any concerns, breaches or suspected breaches of the code to a person responsible for handling complaints in the institution or to an external authority when required by law and/or the institution’s complaint handling policy
  3. outlines the protections available to individuals who make complaints or reports in good faith to any institution engaging in child-related work (see Recommendation 7.6 on reporter protections).
  • December 2019 update

    The Child Safe Environments Program requires all organisations engaging in child-related work to establish a code of conduct that sets out professional boundaries, ethical behaviour and unacceptable behaviour.

    The Government of South Australia is considering whether its existing requirements could be strengthened through the adoption of the code of conduct resources developed by the Australian Human Rights Commission.

    Government response: Accepted in principle
    Lead agency: Department of Human Services
    Recommendation progress status: Planning

7.9 - Final Report

State and territory governments should establish nationally consistent legislative schemes (reportable conduct schemes), based on the approach adopted in New South Wales, which obliges heads of institutions to notify an oversight body of any reportable allegation, conduct or conviction involving any of the institution’s employees.

  • December 2019 update

    This recommendation requires further consideration.

    Various mechanisms exist in South Australia that enable government bodies or statutory officers to oversee aspects of child protection matters, including the following established under the Children and Young People (Oversight and Advocacy Bodies) Act 2016:

    • Guardian for Children and Young People: all allegations of child sexual abuse in out-of-home care are reported to the guardian, who keeps a record of matters and engages with the police and the Care Concerns Investigation Unit of the Department for Child Protection
    • Commissioner for Children and Young People
    • Child Death and Serious Injury Review Committee
    • Child Development Council.

    These were tested and strengthened following South Australia’s 2016 Child Protection Systems Royal Commission, which investigated the adequacy of existing laws and policies in the state’s child protection system for children at risk of harm (including children at risk of sexual abuse).

    The Government of South Australia is currently investigating the need for, and potential impact of, a reportable conduct scheme on South Australia’s existing mechanisms that enable oversight of employees working with children. It is anticipated the review will be completed by the end of 2019.

    Government response: For further consideration
    Lead agency: Attorney-General's Department (AGD)
    Recommendation progress status: For further consideration

7.10 - Final Report

Reportable conduct schemes should provide for:

  1. an independent oversight body
  2. obligatory reporting by heads of institutions
  3. a definition of reportable conduct that covers any sexual offence, or sexual misconduct, committed against, with, or in the presence of, a child
  4. a definition of reportable conduct that includes the historical conduct of a current employee
  5. a definition of employee that covers paid employees, volunteers and contractors
  6. protection for persons who make reports in good faith
  7. oversight body powers and functions that include:
    1. scrutinising institutional systems for preventing reportable conduct and for handling and responding to reportable allegations, or reportable convictions
    2. monitoring the progress of investigations and the handling of complaints by institutions
    3. conducting, on its own motion, investigations concerning any reportable conduct of which it has been notified or otherwise becomes aware
    4. power to exempt any class or kind of conduct from being reportable conduct
    5. capacity building and practice development, through the provision of training, education and guidance to institutions
    6. public reporting, including annual reporting on the operation of the scheme and trends in reports and investigations, and the power to make special reports to parliaments.
  • December 2019 update

    See response to Recommendation 7.09.

    Government response: For further consideration
    Lead agency: Attorney-General's Department (AGD)
    Recommendation progress status: For further consideration

7.11 - Final Report

State and territory governments should periodically review the operation of reportable conduct schemes, and in that review determine whether the schemes should cover additional institutions that exercise a high degree of responsibility for children and involve a heightened risk of child sexual abuse.

  • December 2019 update

    See response to Recommendation 7.09.

    Government response: For further consideration
    Lead agency: Attorney-General's Department (AGD)
    Recommendation progress status: For further consideration

7.12 - Final Report

Reportable conduct schemes should cover institutions that:

  • exercise a high degree of responsibility for children
  • engage in activities that involve a heightened risk of child sexual abuse, due to institutional characteristics, the nature of the activities involving children, or the additional vulnerability of the children the institution engages with.

At a minimum, these should include institutions that provide:

  1. accommodation and residential services for children, including:
    1. housing or homelessness services that provide overnight beds for children and young people
    2. providers of overnight camps.
  2. activities or services of any kind, under the auspices of a particular religious denomination or faith, through which adults have contact with children
  3. childcare services, including:
    1. approved education and care services under the Education and Care Services National Law
    2. approved occasional care services.
  4. child protection services and out-of-home care, including:
    1. child protection authorities and agencies
    2. providers of foster care, kinship or relative care
    3. providers of family group homes
    4. providers of residential care.
  5. disability services and supports for children with disability, including:
    1. disability service providers under state and territory legislation
    2. registered providers of supports under the National Disability Insurance Scheme.
  6. education services for children, including:
    1. government and non-government schools
    2. TAFEs and other institutions registered to provide senior secondary education or training courses for overseas students or student exchange programs.
  7. health services for children, including:
    1. government health departments and agencies, and statutory corporations
    2. public and private hospitals
    3. providers of mental health and drug or alcohol treatment services that have inpatient beds for children and young people.
  8. justice and detention services for children, including:
    1. youth detention centres
    2. immigration detention facilities.
  • December 2019 update

    See response to Recommendation 7.09.

    Government response: For further consideration
    Lead agency: Attorney-General's Department (AGD)
    Recommendation progress status: For further consideration

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