Organisational child safety is much more than just compliance with the state Child Safety principles. Your organisation must be aware of, and meet, its compliance and reporting requirements on a state-by-state basis.
Reporting concerns about children, in line with Australian legislation and to meet your obligations, can be complex.
Depending on where you are in Australia, there are up to four types of reporting that may be required.
Reporting is only one part of our response when we have concerns. Your organisation will also have care and risk management considerations to implement, as well as reporting responsibilities.
Reporting knowledge of criminal activity is an important part of acting justly. In each state/territory there are different requirements for reporting.
The focus of reporting to the police is on justice, i.e. crime and punishment.
The Crimes Act, or equivalent, in each state or territory provides the basis upon which police have powers to prosecute those who have perpetrated crimes.
If you are unsure of required police reporting concerning child protection in your state or territory, contact your organisation’s Safe Community / Child Protection Officer.
Important to note: ALL ADULTS must report to POLICE when they have a reasonable belief that an adult committed a sexual offence against a child. Failure to make this report may lead to police prosecution in most states.
Specific examples of child protection reporting to the police are in the state/territory specific links below current at November 2026
In the NSW Crimes Act 1900 there is both a general concealment offence, Concealment of Serious Crime, Section 316, and a specific Failure to Report Child Abuse to the Police offence, Section 316A.
Who must report to police? : All adults, subject to statutory exceptions.
Abuse covered by the police reporting law: Knowledge or belief of a child abuse offence, with information that may materially assist law enforcement. Includes sexual abuse, serious physical abuse and extreme neglect. Crimes Act 1900, s 316A
The Crimes Act also includes an offence for failing to protect a child from abuse (Section 43B).
In 2019 the ACT added Section 66AA to the Crimes Act 1900, Failure to Report Child Sexual Offence, which applies to persons in authority in educational and other institutions in relation to Failure to Report Sexual Abuse to the Police of children under 16 years.
Who must report to police? All Adults
Abuse covered by the police reporting law: Reasonable belief that a sexual offence has been committed against a child. Crimes Act 1900, s 66AA
In 2014, the law in Victoria was changed to create the failure to disclose offence.
The failure to disclose an offence applies to you if:
If this applies to you, you must report the information to the police as soon as possible, unless:
If you fail to report the information, you may be charged with a criminal offence. The maximum penalty is three years imprisonment.
The failure to disclose the offence helps to ensure that protecting children from sexual abuse is the responsibility of the whole community.
Failing to report child sexual abuse is an offence in Queensland.
Since 5 July 2021, all adults in Queensland are legally required to tell police about sexual offences against a child, by another adult, unless they have a reasonable excuse.
Child sexual abuse is offending of a sexual nature committed against a child and can occur as a single act or a series of acts over time.
The maximum penalty for failing to report a reasonable belief of a child sexual offence is 3 years in prison.
Who must report to police? All adults, unless they have a “Reasonable excuse”.
Abuse covered by the police reporting law: Reasonable belief that another adult committed a sexual offence against a child. Criminal Code Act 1899, s 229BC.
To comply with the law in Queensland you must:
Section 105A of the Criminal Code creates a crime of failing to report the abuse of a child to police. The crime occurs where a person “has information that leads the person to form a reasonable belief that an abuse offence has been committed against another person who was a child at the time of the alleged offence, and fails without reasonable excuse to disclose that information to a police officer as soon as practicable”.
Who must report to police? Persons with information giving rise to a reasonable belief
Abuse covered by the police reporting law: Qualifying child abuse offences, including sexual offences, physical assaults, and specified serious neglect, ill-treatment, stalking, bullying and abduction offences. Criminal Code Act 1924, s 105A
On 1 June 2022, Division 11B was inserted into the Criminal Law Consolidation Act 1935 (SA).Specific criminal offences now exist in relation to failing to report or protecting a child from institutional and out of home care child sexual abuse [ss 64A, 65].
Who must report to Police? Prescribed persons connected with specified institutions or out-of-home care.
Abuse covered by the reporting law: Known, suspected or criminally negligently unrecognised sexual abuse by another institutional worker or out-of-home care provider, in the circumstances specified by law. Criminal Law Consolidation Act 1935, s 64A.
In the Northern Territory, there are no specific Police reporting requirements; however, we encourage any adult who is aware of a child experiencing significant abuse to report to the police.
However, in the NT, All adults have a child abuse reporting duty, but reporting to child protection can satisfy that duty.
No equivalent general all-adult criminal duty to report child sexual abuse to police.
Certain professionals have mandatory duties to report reasonable beliefs of child sexual abuse to the Department of Communities. Suspected criminal offences can also be reported to police
Protecting Australia’s children is everybody’s business.
If you suspect a child or young person is at risk of harm, abuse or neglect, you can contact your relevant state or territory child protection agency.
Make a Child Concern Report: 1300 556 729
Child Abuse Report Line: 131 478
Child Protection Helpline: 132 111
Advice and Referral Line: 1800 000 123
Child Abuse Hotline: 1800 700 250
Call the relevant Child Protection Contact
After hours: 13 12 78
Call the relevant Regional Intake Services
After hours: 1800 177 135
Central intake: 1800 273 889
‘In Australia, state and territory governments are responsible for receiving reports of suspected child abuse and neglect from members of the public. Reporting child abuse and neglect is a community-wide responsibility.
Anyone who suspects, on reasonable grounds, that a child or young person is at risk of being abused and/or neglected should report it to the reporting authority in their state or territory.
Certain groups of people are required by law to report any suspicion of abuse or neglect of a child or young person to government authorities. Further information and guidelines regarding mandatory reporting can be found in the CFCA Resource Sheet: Mandatory Reporting of Child Abuse and Neglect.’
Source:aifs.gov.au/cfca/publications/cfca-resource-sheet/reporting-child-abuse-and-neglect
Remember that the focus of Risk of Harm reporting (or ‘Risk of Significant Harm’ reporting in NSW) is child safety, so whether you are mandated by law or not, you can report to the relevant state/territory government child protection agency or department.
A good resource for reporting requirements is the Australian Institute of Family Studies.
There are currently six jurisdictions in Australia that operate Reportable Conduct Schemes:
Reportable conduct includes sexual offences, sexual misconduct, neglect, ill-treatment, emotional harm, and physical assault of a child by a worker.
These are schemes whereby the government has scrutiny over the internal organisational investigation processes into allegations against those who work with children and young people. The operators of the scheme also have scrutiny over organisations’ systems to prevent, detect, and respond to reportable conduct.
The focus of the scheme is to ensure thorough investigation of all complaints against those who work with children. In all six jurisdictions, adverse findings of reportable conduct can impact upon a person’s Working with Children Check or, in the ACT, Working with Vulnerable Persons Check or Blue Card in QLD.
There are strict reporting requirements for the organisation before, during and at the completion of the investigation process.
Reporting child protection, and other child-related concerns, to your organisation is essential for assistance with implementation of internal organisational policy and procedures, and also for assistance with pastoral and risk management action planning.
Organisational response to complaints should follow a well-documented complaints process that needs to take into account a ‘child-focused’ approach.
The Complaint Handling Guide: Upholding the rights of children and young people gives organisations advice about how to establish a complaint-handling system that puts child safety first and promotes the rights of children and young people to have a voice in decisions that affect them. The guide was developed in 2019 by the Office of the NSW Ombudsman on behalf of the National Office of Child Safety.
The focus of the scheme is to ensure thorough investigation of all complaints against those who work with children. In all three jurisdictions, adverse findings of reportable conduct can impact upon a person’s Working with Children Check or, in the ACT, Working with Vulnerable Persons Check.
There are strict reporting requirements for the organisation before, during, and at the completion of the investigation process.
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