How is the scheme regulated
Our functions and powers are defined by the law, including what we can and can’t do as the regulator for the Child Safe Organisations system.
While our focus is on working cooperatively with organisations to help them comply, we do have enforcement powers under the law which allow us to act if organisations are not meeting their obligations.
If organisations are not meeting their obligations under the Reportable Conduct Scheme:
- we can request information from an organisation about the systems it has in place to deal with reportable conduct, including reporting and investigations
- we can prosecute the head of an organisation for failing to notify us of reportable allegations or conduct
- we can monitor how an organisation is carrying out a reportable conduct investigation
- we can take over and lead a reportable conduct investigation where an organisation has failed to or is unable to investigate, or where the head of the organisation is the subject of the investigation and where we believe it is in the public interest
- we can report an organisation to their sector regulator for the regulator to investigate.
We can also share information proactively with Blue Card services, Queensland and Australian Federal Police, and other regulators, to help protect children from risk of harm.
Our oversight of investigations
We ensure organisations investigate reportable conduct concerns properly.
We review an organisation’s interim and final reports to ensure organisations:
- followed lawful, fair and child-safe investigation processes
- ensured the best interests of the child at the centre of decision-making
- take appropriate and timely steps to minimise ongoing risk to children.
Our role is to support organisations through this process and to provide support where required.
We may intervene if we are concerned about capacity, timeliness, quality or independence, or if there are serious child safety concerns requiring immediate action.
We do not approve, endorse or recommend any independent investigators. If you choose to use an independent investigator, you are responsible for checking that they have the appropriate experience.
Our functions and powers under the law are further detailed in our Regulatory approach.
Conducting investigations
We can conduct our own investigation where:
- an organisation is reasonably unable to investigate
- an inadequate investigation has been conducted by an organisation
- it is in the public interest to investigate the allegation about a worker or the allegation relates to the head of an organisation.
Our legislative powers
We have powers to:
- require organisations to produce documents and records relevant to reportable conduct matters
- request a sector regulator to investigate a reportable conduct concern for a worker of a reporting entity
- monitor an investigation conducted by an organisation, such as by requesting information or observing interviews conducted
- compel the information needed to assess compliance with the Reportable Conduct Scheme.
Read more in our Regulatory approach.
Information sharing and exchange
Information sharing is a primary function of the Child Safe Organisations system. It allows us to identify and address patterns of behaviour that may not be apparent from an isolated incident. It is critical to connecting intelligence gathered across organisations to identify patterns of behaviour that, together, can proactively identify risks to children.
Where appropriate and necessary, we share the outcomes of investigations with the Queensland Police Service, Blue Card Services and other regulators.