Types of reportable conduct

• rape or sexual assault
• making, sharing, or possessing child exploitation material
• any sexual intercourse with a child under 16
• an adult (18 or older) having any sexual activity with a 16‑ or 17‑year‑old who is under their care, supervision, or authority
• indecent treatment of a child, including:
  • taking sexual photos of a child
  • showing a child pornography
  • touching a child in a sexual way
  • making a child touch someone else’s genitals
• repeated sexual behaviour with a child
• using the internet or messages to try to involve a child under 16 in sexual activity
• grooming a child under 16 or someone who cares for a child. 
  Grooming means building trust with the child or their family to create opportunities for sexual abuse. It can be hard to notice because the behaviour may seem friendly or harmless at first.

Other kinds of offences can also be considered child sexual offences. If you are unsure if something constitutes a child sexual offence, contact us or the Queensland Police Service.

A worker:

• touching a child sexually or encouraging the child to touch them
• sending sexual messages or images to a child, or asking a child to send them
• starting a sexual relationship with a 16‑ or 17‑year‑old in their care or under their supervision, even if the young person seems to agree
• grooming a child or their family. Grooming is used to break down boundaries and make sexual abuse easier to commit, and might include things like:
  • building a close emotional connection
  • sending frequent or overly personal messages
  • giving gifts or special attention
  • arranging to meet the child alone
  • asking the child to keep secrets
  • making sexual jokes or comments. 

Sexual misconduct is any behaviour by an adult that is sexual, inappropriate, or crosses professional boundaries with a child, and which doesn’t meet the threshold of a criminal act. It may happen once or be part of a pattern.

This can include:

• sexual comments or jokes
• touching that is not appropriate for the situation or the child’s age
• conversations with a child that have sexual undertones or innuendo
• watching a child undress
• sexualised communication of any kind
• behaviour that blurs or breaks boundaries between an adult and a child.

A worker:

• talking to a child about pornography or about their own sexual experiences, such as describing a date or a sexual act
• massaging a child’s shoulders or having a child sit on their lap when it is not required for their role or is not age‑appropriate
• making sexual jokes or comments to another adult while a child is present
• making comments that sexualise a child’s body or appearance.

Ill‑treatment is when an adult behaves toward a child in a way that is seriously unkind, unfair, or damaging. This can include:

• humiliating or verbally abusing a child
• making unreasonable demands
• using harsh or inappropriate discipline
• repeatedly making negative or degrading comments
• treating a child in a way that harms their dignity or wellbeing.

A worker:

• regularly yelling at a child and calling them names like “useless” or “a waste of space”
• locking a child in a room as punishment and threatening to keep them there until they “behave”
• forcing a child to eat food off the floor
• giving one child the silent treatment while treating other children normally
• making negative comments about a child’s weight or appearance, restricting their food, or giving them much less food than others
• treating a child unfairly or disrespectfully because of their race, culture, disability, religion, gender, or other personal characteristics, in a way that causes harm or distress
• misusing restrictive practices—such as giving medication or using physical or medical interventions—not for a genuine therapeutic reason but to control the child’s behaviour or for the worker’s convenience.  

While workers will sometimes need to guide or correct children’s behaviour, the actions some make take to do this are not appropriate and may be considered reportable conduct because they cause harm, fear, or distress. These include:

• pulling a child’s hair to make them obey or move faster
• pushing, shoving, or physically steering a child in a way that scares or upsets them
• grabbing a child’s arm or clothing to control what they do
• using physical force to stop a child from leaving when there is no immediate safety risk
• yelling at a child or using physical intimidation as a way to manage behaviour
• continuing to use a punishment even after knowing it causes the child significant distress, such as refusing to let them go outside during a scheduled break.

Neglect happens when an adult deliberately or recklessly fails to provide the basic things a child needs to be safe and well, including:

• protection from harm
• enough food
• proper clothing
• safe shelter
• appropriate supervision
• medical care when needed.

Neglect can be considered significant in cases of a serious single incident, or if it happens repeatedly over time and the combined impact puts the child at real risk of harm. Even if each incident seems small on its own, repeated failures can add up and seriously affect a child’s safety and wellbeing.

Significant neglect is more than a minor mistake. It involves behaviour that is clearly unreasonable, careless, or intentional. The child does not need to have long‑term harm for the neglect to be considered significant.

Importantly, significant neglect does not include situations caused directly by poverty or financial hardship.

Physical neglect, where a child’s basic physical needs are not met – for example:

• deliberately not providing enough food, or giving food that is unsafe or inappropriate
• allowing a child to remain in dirty, damaged, or unsuitable clothing
• a child being extremely dirty or having untreated skin conditions
• not providing basic hygiene items like a toothbrush, leading to health issues.

Emotional neglect, where children do not receive the emotional support, care, and encouragement they need – including:

• repeatedly belittling, mocking, or name‑calling
• shaming or humiliating a child
• ignoring, rejecting, or isolating a child
• refusing to comfort a child when they are upset
• allowing or encouraging harmful or criminal behaviour
• racism and discrimination, including denying a child’s cultural identity or excluding or failing to support a child with a disability.

Supervisory neglect, where a worker doesn’t give a child the supervision they need to stay safe – for example:

• leaving a child alone for long periods
• not watching a child in a dangerous environment, leading to injury or risk
• leaving hazards accessible (e.g., an open gate leading to a busy road)
• ignoring signs of illness or injury and not seeking medical help
• seeing a child being harmed and doing nothing
• failing to supervise children when conflict or harm between them is likely
• not responding when a child is clearly distressed or overwhelmed.

Educational neglect, where a child’s learning needs are not met – for example: 

• allowing or encouraging a child to skip school
• preventing a child from accessing learning tools or support
• withholding learning opportunities, causing the child to fall behind or disengage.

Physical violence includes:

• using force that hurts a child or puts them at risk of being hurt
• behaving in a way that makes a child fear they will be harmed.

Physical violence can be either deliberate or reckless. Reckless force means it may not have been intentional, but there was a clear risk of harm and a reasonable person would have acted differently to avoid this.

Sometimes physical force can be legally justified—for example, in order to stop someone from hurting themselves or others. In order to be justifiable, the use of force must be:

• reasonable
• necessary
• the least amount needed, and
• consistent with the organisation’s policies and procedures.

A worker:

• hitting, punching, pushing, dragging, kicking, or spitting on a child
• using an object to hit a child, or threatening to
• using restraint or excessive force when it is not appropriate
• intentionally or recklessly dropping an infant from a change table
• punching a wall near a child, causing the child to fear being hurt
• using any form of restraint on a child without a lawful reason
• throwing objects or acting aggressively in a way that intimidates children
• forcing a child to watch physical punishment or violence as a way to control them
• pushing a child to the ground to stop them from running away when there is no immediate safety risk.  

Emotional or psychological harm happens when a child’s feelings, mental health, or development are damaged.

For the harm to be considered significant, it must have a serious or ongoing negative impact on the child; not every moment of upset or short‑term distress counts.

The behaviour must be:

• intentional or reckless, and
• unreasonable, and
• clearly linked to the child’s emotional or psychological harm.

There must be a direct connection between what the worker did and the harm the child experienced. The worker’s behaviour must be the main cause or a major contributing factor to the harm.

Examples of behaviour that could cause this type of harm include:

• repeatedly bullying or teasing a child
• scaring a child to force them to obey
• ignoring or rejecting a child
• telling a child they are worthless
• racism, discrimination, or harassment.

Emotional harm can be hard to spot. Children may not be able to explain what is happening, and the effects may build up over time. Changes in behaviour, mood, or functioning can be signs that something is wrong.

Sometimes a professional may be asked to give an opinion about whether a child has experienced significant emotional harm, but this is not required in order to be able to demonstrate harm in every case – especially it could cause more distress.

Emotional harm often occurs alongside other types of harm. For example, a child who experiences sexual abuse will almost always experience emotional harm as well. However, for it to be reportable conduct, the worker’s behaviour must be clearly linked to the emotional harm.

It is not enough that the behaviour occurred; in order for it to be reportable, it must have directly caused or significantly worsened the child’s emotional or psychological harm.

Signs a child may be experiencing significant harm include if they:

• become withdrawn, anxious, fearful, or distressed over time
• show a clear decline in their behaviour, mood, or ability to cope
• begin self‑harming
• show trauma responses such as being constantly on alert, avoiding situations, or shutting down emotionally
• lose confidence, self‑worth, or their sense of safety.

A worker may be causing significant emotional or psychological harm if they:

• repeatedly bully, taunt, or ridicule a child, leading to distress, withdrawal, or self‑harm
• intimidate or threaten a child to force them to comply, causing ongoing fear
• consistently ignore, reject, or withhold emotional support, leading to serious distress
• engage in racist or discriminatory behaviour—such as mocking a child’s Aboriginal or Torres Strait Islander identity, dismissing their culture, or excluding them—causing harm to their sense of identity and belonging
• encourage others to isolate or target a child, resulting in ongoing emotional harm
• expose a child to repeated traumatic experiences through their behaviour, leading to trauma responses

This harm may come from one serious incident or from a pattern of behaviour over time. The harm does not need to be permanent, but it must be serious, and the worker’s behaviour must be a clear and significant factor in causing it. 

Conduct that does not need to be reported under the Scheme includes:  

• normal, reasonable behaviour management that follows a code of conduct
• accidents where there was no neglect or reckless behaviour
• minor or trivial incidents where there is no serious harm, such as briefly raising a voice to get attention without upsetting a child
• reasonable care or management of a child, especially where a child has a disability or high support needs and approved practices are used.

When deciding what is reasonable, you should consider:

• the child’s age
• their development and health
• any relevant code of conduct or professional standards.

Organisations that support children with high-risk behaviours should have clear policies explaining when and how restrictive practices can be used, especially if a child is injured during the process.

Conduct that does not have to be reported under the Scheme includes: 

• reasonable behaviour management – for example, a teacher briefly raising their voice to get the attention of a noisy class, where no child is singled out or harmed
• minor accidents – for example, a child tripping over during an activity and scraping their knee, where they were being supervised and the worker gave first aid straight away
• reasonable restrictive practice* or positive behaviour support – for example, a worker using an approved short-term safety hold to stop a child with high-risk behaviours from hurting themselves or others, in line with the child’s behaviour support plan
• brief corrective guidance – for example, a youth worker telling a child not to use inappropriate language, explaining why it is not okay without shaming or threatening them.

*A restrictive practice is any action or intervention that limits a child’s freedom of movement, ability to make choices, or control over their own body or behaviour. Restrictive practices are not reportable conduct if used reasonably for the care of a child – this should be pre-approved under the entity’s relevant policies or in the child’s behaviour support plan.