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Legislative and regulatory changes to be aware of in 2026

18/03/26
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Domestic violence information sharing scheme in the Australian Capital Territory

The ACT's domestic and family violence information sharing scheme, introduced by the Domestic Violence Agencies (Information Sharing) Amendment Act 2024 (ACT), is expected to commence on 24 November, 2026 or earlier by written notice from the Minister. ACT schools are included as prescribed information sharing entities (ISEs) under the scheme.

Once the scheme commences, schools will be authorised, and in some circumstances required, to share information with other ISEs where necessary to establish, assess, prevent, reduce or manage the risk of domestic and family violence. Schools in the ACT should familiarise themselves with the types of information that may be shared under the scheme and ensure their policies and procedures are updated ahead of its commencement.

 

NSW anti-bullying framework

From 2027, every school in NSW will be required to have policies and procedures in line with the NSW Anti-Bullying Framework. Schools will be required to publish their anti-bullying policy on their website. Schools should monitor the NESA website for resources that are being progressively published to assist schools to implement the framework.

 

Child safe standards now in effect; Reportable Conduct Scheme in Queensland

Queensland schools are facing two significant child safety milestones in 2026 under the Child Safe Organisations Act 2024 (Qld):

  • The Child Safe Standards scheme commenced on 1 January, 2026 for schools. Schools should ensure their policies and procedures already reflect compliance with the Child Safe Standards
  • The Reportable Conduct Scheme commences on 1 July, 2026. This scheme will require schools to report and investigate allegations of child abuse by employees and other relevant personnel
Further information is available on the Queensland Family & Child Commission website.


 

Enrolment, attendance and inclusive education changes now in effect in South Australia 

Several significant changes have recently commenced for South Australian schools:

  • The Education and Children's Services (Enrolment and Attendance) Amendment Act 2025 (SA) commenced on 16 February, 2026, strengthening enforcement by the Department of Education of compulsory enrolment, attendance and participation. Key changes include mandatory written notice before proceedings, expanded information-gathering powers, a shorter timeframe for parental explanations and clearer obligations on authorised officers to take practical steps to ensure attendance
  • From 12 February, 2026, amendments to the Education and Children's Services Act 2019 make it clear that a school principal must not refuse to enrol a child on the basis of disability unless they reasonably believe that enrolment would impose unjustifiable hardship on the school and outline the specific factors and circumstances that may constitute unjustifiable hardship
Looking further ahead, from 1 January, 2027, non-government schools in SA will be required to report to the Minister on students with a disability who are suspended, expelled, refused enrolment or have their enrolment cancelled, as well as any measures taken to reduce such occurrences. Schools will also need to maintain a policy on the use of exclusionary discipline for students with disabilities.

 

Child safety reforms and expanded vicarious liability in Victoria

Victorian schools face a busy year of child safety reform:

  • The Reportable Conduct Scheme and Child Safe Standards transferred from the Commission for Children and Young People (CCYP) to the Social Services Regulator on 23 February, 2026
  • The Working with Children Check (WWCC) scheme will also transfer to the Social Services Regulator in "early 2026". New training requirements for WWCC applicants, requiring evidence of completed child safety training, are expected to commence at a similar time. Official commencement dates for both changes have not been confirmed
  • The Justice Legislation Amendment (Vicarious Liability for Child Abuse) Bill 2025 (Vic) passed Parliament on 17 February, 2026 and is awaiting Assent. When it commences, Victorian schools (and other institutions) may be exposed to vicarious liability not only for child abuse perpetrated by employees but also for abuse perpetrated by individuals "akin to employees", including religious ministers and volunteers. Importantly, the law will apply retrospectively. Schools should review their child safeguarding frameworks, insurance arrangements and governance policies in light of this change

 

Expanded child abuse liability under consideration in Western Australia

The Civil Liability Amendment (Child Sexual Abuse Actions) Bill 2025 (WA) is still being debated in Parliament. If passed, the law would deem that "religious practitioners" paid by a religious institution (including a religious school) are employees for the purposes of vicarious liability law, meaning religious schools could be held liable for child abuse perpetrated by such practitioners. This change would apply retrospectively.

Schools in Western Australia should monitor this Bill's progress and take early steps to review their governance and child safeguarding policies.

 

Conclusion

2026 is set to be a significant year for school compliance. Ideagen will continue tracking these developments through School Law Monitor, providing schools with quarterly updates on recent and forthcoming legislative changes and policy developments to help them stay informed and prepared.

 

 

 

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Manisha Ratti

Manisha Ratti is an Associate Content Developer at Ideagen. Her background spans litigation paralegal work and financial sector compliance. She holds a Bachelor of Laws (LLB Hons) from the University of London and a Regulatory Compliance certification from the International Compliance Association.

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