Recent distressing events in the childcare sector have drawn renewed attention to the importance of robust child safety practices. It is appropriate in this context for board members of all organisations that care for and educate children to reflect on their role in creating and maintaining safe environments.
At the end of this article, we have provided a checklist for boards to consider as they review their child safe practices.
Regulatory changes have been proposed at the state and federal level (including bringing forward existing proposed reforms in relation to creating a Victorian register of childcare workers and banning personal devices in childcare centres by Friday 26 September 2025). Additionally, the Victorian government has announced a review of childcare safety. Prudent boards will ensure that their organisations do not wait until regulatory changes are imposed and reviews are finalised (although they must monitor and respond to developments in this space). Instead, organisations must act now to anticipate foreseeable risks, mitigate those risks and promote a culture of safety and continuous improvement. In this, the board has a vital role to play.
Media reporting has been critical of the childcare centres which operate for profit. This might be false comfort for not-for-profit operators. Child safety risks exist across all types of early years providers and not just in long day care. Boards of occasional care, sessional kindergartens and school-based ELCs also need to act. It is worth emphasising that the law is not more lenient towards boards of not-for-profits – the duties and penalties are substantially the same. Board members of not-for-profit centres will not be treated with kid gloves just because they are unpaid volunteers.
Board duties and child safety
Child safety isn’t just an operational concern: it is a governance issue that directly impacts an organisation’s ability to deliver on its purpose. Board members have a duty to act with care and diligence and in the best interests of the organisation1. Complying with these duties necessarily extends to ensuring child safety. Acting in the best interests of the organisation means prioritising the wellbeing of the people it serves, especially children and protecting the organisation itself from legal and reputational harm. Exercising care and diligence requires ongoing attention to whether systems, practices and culture are effective in keeping children safe.
Shifting legal expectations: a need to demonstrate reasonable steps
In the years following the Royal Commission into Institutional Responses to Child Sexual Abuse, child safety laws have evolved to emphasise accountability. One important development has been the introduction of a reverse onus of proof (including in Victoria) in certain circumstances. This means that, if harm occurs, an organisation will be presumed to have breached its duty to prevent the abuse of a child unless it can show that it took reasonable precautions to prevent it.
In Moores’ view, it is a clear breach of board members’ duties to fail to ensure that an organisation takes these reasonable precautions. In the extreme case, this failure will not only be a breach of board members’ duties, but will expose directors to criminal prosecution – under ‘failure to protect’ laws across Australia it is a criminal offence for a board member in certain child facing organisations (including childcare centres) to negligently fail to act if they know that a person associated with the organisation poses a substantial risk to a child.
For boards, this reinforces the importance of having systems in place to comply with the National Child Safe Standards and to satisfy themselves that those systems are active, effective and regularly reviewed. The role of the board is to oversee these elements and satisfy itself that they are working as intended. Board members on school boards have additional specific obligations under Ministerial Order 1359 to ensure a range of child safety measures, and must have “line of sight” over all of operational measures. Boards in all organisations caring for and educating children cannot simply adopt policies without confirming they are implemented. Nor can they rely on assumptions, verbal reports or no known history of incidents. Further, boards must ensure that there are open and accessible reporting pathways as well as a culture that promotes accountability and supports speaking up.
Practical steps boards can take
In light of recent developments, boards should review their organisation’s current child safety arrangements. The following checklist provides questions that board members can use to guide discussion and decision-making:
1. Reaffirm the board’s commitment
- Does the board lead by example in promoting a culture of safety and accountability?
- When did the board last make a formal statement of its commitment to child safety? A clear message from the board that child safety is a priority and is supported at the highest levels can help reinforce a strong culture and guide expectations.
- How is the board’s commitment communicated to staff, volunteers, families and children?
2. Check capability and knowledge
- Has the board undertaken recent training or received updates on legal obligations and child safety standards?
- Does the board’s skills matrix include child safety expertise or experience?
- When was the skills matrix last reviewed, and are any gaps being addressed?
3. Request evidence of implementation
- When were the organisation’s child safety policy and processes last reviewed?
- How does the board know that the child safety policy and processes have been effectively implemented?
- What evidence has been provided to the board showing compliance with child safety policies and the Child Safe Standards?
- Are regular reports provided on matters such as training completion, incident reporting, and risk assessments?
4. Ensure integration with broader governance
- Is child safety a standing item on board agendas?
- Is it adequately reflected in the organisation’s risk register and strategic planning documents?
- Does the board receive regular updates on progress against child safety objectives?
5. Ensure risk management frameworks are robust
- Does the organisation’s risk management framework clearly identify child safety risks and mitigation strategies?
- Has the board considered its risk appetite in relation to child safety including scenario planning and stress testing? All organisations should have a very low appetite for child safety risks and zero tolerance for harm.
- Is there regular review of how child safety risks are assessed and managed, including scenario planning and stress testing?
6. Support transparency and responsiveness
- Are there accessible and well-communicated reporting channels for concerns or complaints?
- Does the board receive reports on how concerns are handled and what actions have been taken?
- Does the organisation encourage a “speak up” culture, and is there evidence that it is working in practice?
A considered governance response
Boards do not need to have all the answers. But they do need to ask the right questions, set clear expectations, and be prepared to adapt where needed.
At a time when public confidence in safeguarding practices is under renewed scrutiny, organisations that show thoughtful leadership and a genuine commitment to improvement will be better placed to maintain trust and deliver their mission with integrity.
Ultimately, ensuring a safe environment for children is not just a matter of compliance, it is central to good governance, and to the values that many charities hold at their core.
How we can help
At Moores, our Safeguarding and Child Safety teams work alongside organisations to ensure their child safety frameworks are robust, compliant, and reflective of best practice. Our experienced team supports clients to:
- Review and update Child Safety Policies and Codes of Conduct;
- Respond effectively to allegations of child abuse;
- Navigate investigations and compliance obligations; and
- Develop practical, preventative strategies that promote a culture of child safety.
We also provide tailored training for staff, boards, and child safety officers to ensure all individuals understand their role in protecting children.
Contact us
Please contact us if you would like further information on how we can assist.
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Disclaimer: This article provides general information only and is not intended to constitute legal advice. You should seek legal advice regarding the application of the law to your organisation.