Private health facilities are now included in the Reportable Conduct Scheme (RCS) and recognised as child safe organisations under the Child Safe Scheme (CSS).
This change strengthens safeguards for children in private healthcare settings by:
- introducing oversight of reportable allegations
- supporting consistent child-safe practices across sectors
- ensuring employers respond appropriately to concerns about staff conduct towards children
Who is affected by these changes?
Any health facility that is classed as a private health facility under the Private Health Facilities Act 2007 and provides services to children in any capacity is subject to these changes. That is, any health facility that is required to be licensed by NSW Health under the Private Health Facilities Act 2007.
What organisations need to do
Organisations should:
- understand their obligations under the Reportable Conduct Scheme and the Child Safe Scheme
- review and update policies and procedures
- ensure staff understand how to identify and report reportable allegations
- build processes for notifying the Office of the Children’s Guardian (OCG)
Webinar recordings
We hosted free webinars to support you in understanding your obligations.
In 'Introduction to the Child Safe and Reportable Conduct Schemes', we covered:
- an overview of the Child Safe Scheme and Reportable Conduct Scheme
- information on what you need to do to prepare for 1 October
- resources and support to begin implementation
In 'Reporting obligations and investigation expectations', we covered:
- information on the Reportable Conduct Scheme
- information on your responsibilities as a manager/leader
- resources and support to begin implementation
View the recordings
Frequently Asked Questions
From 1 October 2026, private health facilities will be included in the Reportable Conduct Scheme. They will also be recognised as child safe organisations under the Child Safe Scheme.
This means organisations will have new legal responsibilities to report and respond to certain conduct involving children and to implement the Child Safe Standards.
These changes are designed to strengthen protections for children and ensure a consistent approach to child safety across both public and private healthcare settings.
They also support organisations to better prevent, identify and respond to child abuse.
The Reportable Conduct Scheme oversees how organisations respond to allegations of certain conduct towards children, including how those allegations are reported, investigated and managed.
Organisations must notify the Office of the Children’s Guardian about reportable allegations and follow specific processes to manage and investigate those matters.
Under the Child Safe Scheme, relevant organisations must implement the Child Safe Standards.
The Standards provide a framework to help organisations create child-safe environments through appropriate systems, policies and practices.
Reportable conduct includes certain types of behaviour by an employee, volunteer or contractor towards a child, such as:
- sexual offences or sexual misconduct
- physical violence
- ill-treatment
- causing significant emotional or psychological harm
- neglect.
Further guidance is available in our fact sheets.
It’s important to note that, under the Reportable Conduct Scheme, the Head of Relevant Entity (HRE) can delegate reportable conduct responsibilities to another suitably qualified employee. However, the HRE remains ultimately responsible for ensuring the organisation meets its obligations.
Organisations must be ready to meet their obligations from 1 October 2026.
We encourage organisations to begin preparing as early as possible.
Existing processes may already support your readiness. However, organisations should review their current systems to ensure they align with:
- Reportable Conduct Scheme requirements
- the Child Safe Scheme requirements.
Yes. If your facility provides services to children at any time, it is in scope of the Schemes. The frequency of contact with children is not relevant.
Yes. For the purposes of the Schemes, a child is any person under 18 years of age.
Yes. Under the NSW Child Safe Scheme and NSW Reportable Conduct Scheme, a child is defined as any person under 18 years of age. If your organisation provides services to children and young people aged 16 or 17 years, you still have obligations under these schemes. Compliance is required wherever services are provided to, or involve contact with, children under the age of 18. Organisations that work with people aged 16 or 17 years old must continue to meet their child safety obligations.
No, as a sole trader or a small business only providing therapy supports, you are not classed as a private health facility under the Private Health Facilities Act 2007 and do not need to comply with these legislative requirements, however, implementation of the NSW Child Safe Standards is considered best practice.
There is no exemption application process. If your organisation does not provide services to, or have contact with, anyone under 18 years of age, the schemes may not apply. If you are unsure whether your organisation falls within the scope of the schemes, contact us for advice.
No. There is currently no formal registration, accreditation, or certification process for organisations to demonstrate compliance with the NSW Child Safe Scheme or NSW Reportable Conduct Scheme.
Instead, organisations are expected to be able to demonstrate that they have implemented appropriate child safe systems, policies, procedures, and practices that meet their obligations under the relevant scheme. This includes embedding the Child Safe Standards into organisational governance, culture, service delivery, and day-to-day operations.
We may request information or conduct monitoring activities to assess whether an organisation is meeting its child safety obligations. Organisations should maintain evidence of their child safe practices, such as policies, training records, risk assessments, complaint handling processes, and continuous improvement activities.
