Our powers

We encourage good practice, improved performance and take action when needed.

Our powers

We encourage good practice and improved performance, and take action when needed against unacceptable performance. 

We have a number of legislative tools available to use in enforcing compliance with the Child Safe Standards under the Act. We consider court action as a last resort enforcement tool.

For regulated and/or funded organisations we will work collaboratively with existing statutory regulators and funding bodies.

Legislative tools

Requesting information

The Commission and any relevant authorities can request reasonable information from organisations to determine whether they are compliant with the standards.

We may also request information from relevant authorities about an organisation if needed.

Conducting on-site inspections

With the agreement of the organisation, we may inspect premises and meet with employees, children, volunteers, parents and carers to assist with our assessment.

Notice to produce

More formally, we may obtain documentation from an organisation by issuing a written notice to produce.

This will only be issued if we believe on reasonable grounds that an organisation is not complying, or is not likely to comply, with the standards.

Notice to comply

If we continue to believe that an organisation is not complying with the standards, we can issue a written notice to comply.

Our overall approach is to provide organisations with assistance, education and support to achieve compliance.

Failure to comply with written notices

If an organisation does not comply with either a notice to produce or a notice to comply, we can:

  • share information about failures to comply with each relevant authority
  • request that a relevant authority take action to require compliance
  • apply to a court for a declaration of non-compliance and a fine
  • report to Parliament on non-compliant entities in an effort to better protect children and prevent them from abuse

Reporting

We may publish information in our annual report, website or other communications about our compliance activities, number of notices issued and any declarations or civil penalties issued.

Where applicable, we will include the names of specific entities that have been found to be non-compliant.

How to report a concern

To report a concern about an organisation’s compliance with the Child Safe Standards: