Reportable Conduct: Definition and Meaning in Australian Workplaces

Reportable conduct is a specific statutory category of allegations against employees or workers of child-related or child-contact organisations that must be reported to an independent oversight body rather than handled internally alone. It covers sexual offences, sexual misconduct, physical assault, significant emotional or psychological harm, significant neglect, and (in some jurisdictions) behaviour that causes significant harm to a child.

Reportable Conduct Schemes are operational in three Australian jurisdictions as of April 2026: New South Wales (since 1999), the Australian Capital Territory (since 2017), and Victoria (since 2017). Queensland has enacted the Child Safe Organisations Act 2024 (Qld) and will commence its scheme in phases from 1 July 2026. The Northern Territory has not implemented a scheme; NT reform is being considered as part of a broader replacement of the Care and Protection of Children Act 2007 and the Youth Justice Act 2005. Each operating scheme is administered by an independent oversight body and imposes legal obligations on heads of entity on top of existing mandatory reporting to police and child protection authorities.

NSW is administered by the Office of the Children's Guardian under the Children's Guardian Act 2019. It covers any "relevant entity" (government departments, non-government schools, religious bodies, out-of-home care agencies, and specified health services). Reportable conduct includes sexual offences, sexual misconduct, ill-treatment, assault, and neglect of a child. The head of entity must notify the OCG of any allegation or conviction within seven business days, provide updates during the investigation, and provide a final report at outcome.

Victoria is administered by the Commission for Children and Young People under Part 5A of the Child Wellbeing and Safety Act 2005. Coverage includes schools, disability services, out-of-home care, early childhood services, and religious bodies. Reportable conduct categories: sexual offences, sexual misconduct, physical violence, behaviour causing significant emotional or psychological harm, and significant neglect.

ACT is administered by the ACT Ombudsman under the Ombudsman Act 1989 (ACT). The scheme applies to Territory entities and designated organisations. Categories mirror the NSW scheme.

Queensland enacted the Child Safe Organisations Act 2024 (Qld) (Act No. 49 of 2024), with the Reportable Conduct Scheme commencing 1 July 2026 in a phased rollout: Phase 1 (1 July 2026) covers child protection, disability, justice/detention, and government bodies; Phase 2 (January 2027) covers education, health, early childhood, and community services; Phase 3 (July 2027) covers commercial services for children, transport, religious bodies, and other child-focused activities. The Queensland Family and Child Commission is the oversight body.

The schemes operate alongside, not instead of, mandatory reporting to police and child protection. Where an allegation involves a suspected crime, police must also be notified; where it involves risk of significant harm, the relevant child protection authority must also be notified. Failure to report reportable conduct exposes the head of entity to statutory penalties and reputational consequences.

New Zealand does not operate a Reportable Conduct Scheme in the Australian sense. Child-safety obligations are addressed through the Children's Act 2014 (workforce safety-check requirements), the Children, Young Persons, and Their Families Act 1989 (mandatory reporting of abuse), and the Oranga Tamariki Act 1989. The Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions (Whanaketia, 2024) recommended a statutory reportable-conduct framework modelled on Victoria's scheme; legislative response is pending.