As of 1 August 2024, ten (10) new Child Safe Standards (New Standards) came into effect following amendments to the Human Rights Commission Act 2005 (ACT). The New Standards establish and impose mandatory safeguarding obligations on organisations that work with children and young people.

In its Final Report, the Royal Commission into Institutional Responses to Child Sexual Abuse made a recommendation that all institutions should act with the best interests of the child as a primary consideration. To achieve this, it was suggested that institutions should implement Child Safe Standards.
 
Drawing on the work of the Royal Commission, the Federal government introduced 10 National Principles for Child Safe Organisations (National Principles). These principles were endorsed by all Commonwealth, state and territory governments.
 
Until recently, the Australian Capital Territory (ACT) had relied on the National Principles to guide and inform its child safety efforts. However, following lengthy public consultation, the ACT Parliament passed legislative amendments to incorporate the New Standards - which mirror the Federal framework - into the Human Rights Commission Act 2005 (ACT). These provisions came into effect as of 1 August 2024.
 
The ACT Human Rights Commission (the Commission), which will oversee and lead the implementation of the Child Safe Standards Scheme on behalf of the ACT Government, provides some information about the New Standards here.

The requirement to implement the Child Safe Standards will apply to organisations that are already included in the Human Rights Commission Act 2005.
 
These organisations include:

• registered schools (government and non-government) and education providers;

• early childhood services;

• charities and not-for-profit organisations;

• out-of-home care services;

• sporting clubs;

• religious bodies;

• youth groups;

• health services; and

• youth detention centres.

The New Standards must be implemented by providers of services for children and young people and can form the subject of complaints to the Commission.
 
If an organisation is already complying with another jurisdiction's scheme that aligns with the National Principles, it will also be in compliance with the New Standards.
 
Whilst there are no set timeframes for meeting all the New Standards, the Commission advises organisations to begin evaluating how the Standards will impact their operations and start implementing the necessary changes.
 
The Commission also highlights that the implementation of the New Standards will be risk-based, prioritising education and capacity building rather than solely compliance and enforcement.

• The ACT's New Standards came into effect on 1 August 2024.

• They apply to a broad range of organisations.

• Compliance is mandatory and enforceable.

Organisations should immediately review and update their policies, procedures and practices to ensure compliance with the New Standards.