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The Commission for Children and Young People (the Commission) promotes the safety of children, the prevention of child abuse and the proper response to allegations of child abuse.
As a regulator, the Commission supports the implementation of good practices in organisations. We will respond if organisations continue practices that put children at unacceptable levels of risk.
We have powers under the Child Wellbeing and Safety Act 2005 (the Act) to act where there may be non-compliance with the Child Safe Standards (the Standards).
Our approach
We take a risk-based approach to monitoring, assessing compliance and enforcement of the Standards. Risk guides our decisions, our allocation of resources and our prioritisation. We believe that children should experience consistent levels of safety within organisations that we regulate. While risk will guide our decisions, we aim for all organisations to be compliant.
We take a graduated approach to achieving compliance by the organisations we regulate. Often, we can educate and support organisations to become compliant. But we will use more significant powers when needed. This includes if organisations are not demonstrating willingness to achieve compliance, have repeated or serious compliance issues or where there is greater harm or significant risk of harm to children.
Recognising the diversity of organisations we regulate, we do not take a prescriptive approach to responding to risks of child abuse. We recognise that different sectors and organisations need different approaches for them to comply.
The appropriate compliance action is determined by several factors considered together including:
- the circumstances of the organisation
- the nature of the compliance issue
- the role of co-regulators.
For more information on how we regulate organisations, see our regulatory approach.
Find out more about co-regulators of the Child Safe Standards.
How we use our powers to regulate the Standards
We value the information we receive about potential non-compliance with the Standards. The Commission has a range of powers to monitor organisations and investigate their compliance with the Standards.
When we are advised of concerns about an organisation, we may take a range of actions to monitor, investigate and enforce compliance with the Standards. We may:
- make further inquiries about an organisation’s compliance with the Standards
- provide additional education and advice to the organisation to improve its compliance with the Standards
- collaborate and share information with co-regulators of the organisation
- begin enforcement action which may include issuing a notice to produce or notice to comply.
More details about our powers can be found in the Child Safety Act Wellbeing Act 2005 and are summarised below.
Monitoring and investigation
Our monitoring and investigation actions help us understand and assess compliance with the Standards.
Requesting information
The Commission can request information or documents from any person or organisation. This will help us determine if:
- the organisation is complying with the Standards, or
- an organisation needs to comply with the Standards.
Conducting inspections
The Commission has the power to inspect a premises:
- with the consent of the organisation
- with a warrant
- without a warrant or consent of the organisation.
During an inspection the Commission’s authorised officers may, among other things:
- observe activities
- inspect documents
- request information
- take photographs or recordings
- seize any item or document.
We may also meet with employees, children, volunteers, parents, and carers to assist with our assessment.
It is a criminal offence to fail to provide assistance to an authorised officer during an inspection with a warrant or an inspection without a warrant or consent of the organisation. The maximum penalty is over $23,700 (120 penalty units) for a body corporate and $5,900 (30 penalty units) for any other case including individuals.
It is also a criminal offence to obstruct an Authorised Officer or impersonate an Authorised Officer. The maximum penalty is over $23,700 (120 penalty units) for a body corporate and $5,900 (30 penalty units) for any other case including individuals.
Notice to produce
The Commission can issue a written ‘notice to produce’. This notice requires an organisation to produce any document or information the Commission reasonably requires.
Failure to comply with a notice to produce can be a criminal offence or be subject to civil penalties. This can result in the Commission taking further action to enforce the law, and the maximum penalty is over $23,700 (120 penalty units) for a body corporate and $11,850 (60 penalty units) for any other case including individuals.
Offence - providing false or misleading information
It is a criminal offence for a person to knowingly give information or documents to the Commission that they know to be false or misleading. The maximum penalty is over $23,700 (120 penalty units) for a body corporate and $5,900 (30 penalty units) for any other case including individuals.
Enforcement actions
Enforcement actions are steps the Commission can take to encourage organisations to comply with the Standards.
Notice to comply
The Commission can issue an organisation with a ‘notice to comply’. The Commission will issue this if it believes that the organisation is not complying with the Standards.
A notice to comply outlines action the organisation must take to become compliant with the Standards. The notice must include a timeframe for action and any recommendations or advice from the Commission to assist the organisation.
Failure to comply with a notice to comply can be a criminal offence or be subject to civil penalties. This can result in the Commission taking further action to enforce the law, and the maximum penalty is over $23,700 (120 penalty units) for a body corporate and $11,850 (60 penalty units) for any other case including individuals.
Official warning
The Commission can issue an official warning if it suspects non-compliance with a notice or with the Standards, or that an offence has been committed.
Enforceable undertaking
The Commission can enter into an enforceable undertaking with an organisation. An enforceable undertaking is a legally enforceable written agreement where an organisation commits to take agreed actions to remedy non-compliance with the Standards.
The Commission maintains a publicly available register of all enforceable undertakings that it accepts. Failure to comply with an undertaking may result in the Commission making an application to the Court for an enforcement order.
Infringement notice
The Commission can issue an infringement notice for a financial penalty to a person or organisation. We can issue an infringement if we believe a particular offence has been committed. These offences are a:
- failure to comply with a notice to produce
- failure to comply with a notice to comply
- failure to provide assistance to an authorised officer during an inspection by warrant or an inspection without warrant or consent.
Enforcement through the Court
The Commission can also apply to the Magistrates’ Court for a range of orders and civil penalties.
Enforcement order
The Commission can apply to the Court for an enforcement order if an organisation has failed to comply with an enforceable undertaking. The magistrate may order an organisation to comply with the enforceable undertaking or make any other order they consider appropriate.
Declaration
If an organisation has not complied with a notice to produce or a notice to comply, the Commission may seek a declaration of this non-compliance from the Court. A declaration can be sought from the Court as well as other orders such as injunctions or fines.
Injunction
An injunction is a Court order that stops a person or organisation from doing a particular action or requires them to do a specific act. For example, an injunction may require an organisation to stop providing specified services to children until their failure to comply with the Standards is rectified.
Interim injunction
An interim injunction is a temporary court order that stops a person or organisation from doing a particular action or requires them to do a specific act until an application for an injunction can be determined.
Adverse publicity order
The Commission may seek an adverse publicity order from the Court requiring an organisation to publicise their non-compliance. This can occur if an organisation is:
- declared to have failed to comply with a notice to produce or comply
- convicted or found guilty in criminal proceedings for an offence of failure to comply with a notice to produce or notice to comply.
The Commission can commence civil or criminal proceedings against people or organisations who commit a range of offences outlined above. The Commission can ask the Court to apply penalties to an individual or organisation along with the other sanctions listed above.
Being convicted of a criminal offence may prevent an individual from performing some professional roles (for example a company director).
Publication of details of non-compliance
The Commission can publish details of an organisation's non-compliance with the Standards on its website if:
- an organisation is found guilty of a criminal offence
- a Court makes a declaration that an organisation has failed to comply with a notice to produce or notice to comply, and it is in the public interest to publish the details of non-compliance.
Reporting
The Commission may publish information in our annual report, website or other communications about our compliance activities, the number of notices given, and the number of other enforcement actions taken.
In certain circumstances, the Commission can include in its annual report to Parliament the names of specific organisations that have been found to be non-compliant and details of the non-compliance.
Reviews of decisions made by the Commission
You can apply for some Standards decisions made by the Commission to be reviewed.
You can find more information in our resource: Reviews of decisions made by the Commission and Form: Application for internal review.