Queensland Numbered Acts

CHILD SAFE ORGANISATIONS ACT 2024 - SECT 26

26 Meaning of reportable conduct

(1) The following conduct is
"reportable conduct" —

(a) a child sexual offence;

(b) sexual misconduct committed in relation to, or in the presence of, a child;

(c) ill-treatment of a child;

(d) significant neglect of a child;

(e) physical violence committed in relation to, or in the presence of, a child;

(f) behaviour that causes significant emotional or psychological harm to a child.

(2) Conduct mentioned in subsection (1) is
"reportable conduct" whether or not a criminal proceeding in relation to the conduct has been commenced or concluded.

(3) Conduct may constitute
"reportable conduct" if it is engaged in—

(a) as a single act or omission; or

(b) as a series of acts or omissions, even if each act or omission does not, of itself, amount to reportable conduct.

(4) However,
"reportable conduct" does not include conduct that is reasonable for the discipline, management or care of a child having regard to—

(a) the characteristics of the child, including the age, developmental stage and health of the child; and

(b) any code of conduct or professional standard applying to the conduct.

(5) In this section—

"child sexual offence" means the following—

(a) a child sexual offence under the Criminal Code , section 207A ;

(b) an offence of a sexual nature committed in the presence of a child;

(c) an act or omission committed outside Queensland that would be an offence mentioned in paragraph (a) or (b) if it were committed in Queensland.

"emotional or psychological harm" , to a child, means detriment to the emotional or psychological wellbeing or development of a child.

"ill-treatment" , of a child, means conduct towards the child that is unreasonable and seriously inappropriate, improper, inhumane or cruel.

Examples of ill-treatment—

• making excessive or degrading demands

• a pattern of hostile or degrading comments or behaviour

• using inappropriate forms of behaviour management

"neglect" , of a child, means a failure to meet the basic needs of the child that is deliberate or reckless.

"physical violence" —

(a) means—

(i) the intentional or reckless application of physical force to a person without lawful justification or excuse; or

(ii) an act that intentionally or recklessly causes a person to anticipate immediate and unlawful violence to the person; but

(b) does not include the application of trivial, negligible or insignificant physical force to a person.

"sexual misconduct" , committed in relation to, or in the presence of, a child means conduct that is sexual in nature, other than conduct that constitutes a child sexual offence.

Examples of conduct that may be sexual misconduct—

• inappropriate touching

• voyeurism

• use of sexual language without a legitimate reason