Staying compliant starts with knowing what's changed. This is where things stand.
Recent months have brought a steady stream of legislative and regulatory developments affecting schools across Australia. This article covers jurisdiction-specific changes and highlights what schools need to watch and prepare for.
The ACT strengthens child safety duties for schools
In the ACT, the Civil Law (Wrongs) Amendment Act 2026 (ACT) commenced on 16 May 2026. Key changes introduced through this amending legislation are:
- Claim farming (the act of soliciting or targeting victim survivors to pursue legal claims) is now a criminal offence
- Schools have a non-delegable duty to take reasonable precautions to prevent child abuse by anyone associated with the school, including volunteers
- Schools carry the burden of proof, meaning a school is presumed to have breached its duty if a child in its care is abused, unless it can show it took reasonable precautions
NSW updates not-for-profit and overseas student rules
In NSW, following a review of the not-for-profit requirements in the Education Act 1990 (NSW), the updated Not-for-Profit Guidelines were published in April 2026. The revised guidelines support the Education Amendment (Non-Government Schools) Regulation 2025 (NSW), which clarified when a non-government school is considered not-for-profit for funding purposes and gave the Minister power to direct a school to fix a breach of its not-for-profit obligations.
Separately, in July 2026, the NSW Education Standards Authority (NESA) amended the Guidelines for Approved NSW School Providers Delivering Courses to Overseas Students to:
- Tighten the requirements for provider approval so that a school seeking initial approval must have delivered registered courses to domestic students for at least two consecutive years
- Expand the fit and proper person test to capture providers under investigation for certain offences and those with ownership or control links to education agents
- Impose stronger obligations around education agents, including publishing agent details on the provider's website, reporting agent commissions to the Secretary and limiting commissions for students who have already commenced study with another provider
The NT reforms child protection and school registration
In the NT, the Care and Protection of Children Legislation Amendment (Every Child Matters) Bill 2026 (NT), which will amend the Care and Protection of Children Act 2007 (NT), has passed Parliament and is currently awaiting assent. Key amendments include:
- The introduction of enforceable Family Responsibility Agreements and Orders to hold parents who disengage from support services to account
- Capping short-term parental responsibility directions at two orders to prevent children drifting into long-term limbo
- Adopting a modernised Aboriginal Child Placement Principle that prioritises keeping children connected to kin and culture
- Strengthening children's access to independent legal representation in long-term matters
In addition, the Non-Government School Registration Standards were also updated in June 2026. The five core regulatory areas remain unchanged, but staff recruitment and professional learning requirements have been moved into the Governance and Finance section and responsibility for compliance now sits more clearly with the governing body.
Queensland launches its reportable conduct scheme
In Queensland, the Reportable Conduct Scheme under the Child Safe Organisations Act 2024 (Qld) commenced on 1 July 2026. Where there is a reportable allegation or conviction, the head of the entity must:
- Notify the Queensland Family and Child Commission (QFCC) within three business days
- Commence an internal investigation as soon as practicable, providing the QFCC with information as requested
- Provide the QFCC with a final report detailing the findings and any actions taken
Victoria overhauls child safety regulation
In Victoria, the enactment of the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025 (Vic) resulted in the following changes:
- Transfer of the Reportable Conduct Scheme, Child Safe Standards and Working with Children (WWC) Check Scheme administration from the Commission for Children and Young People to the Social Services Regulator (SSR)
- Expanded the grounds on which the SSR may assess WWC Clearance eligibility, allowing it to consider a broader range of child safety risk information, and permitting the SSR to share more information with other agencies and regulators where the law permits
- New SSR powers to issue an interim bar or suspend a person's WWC Clearance while reassessing their eligibility, preventing them from working with children where information suggests an immediate risk
- Replacement of the Victorian Civil and Administrative Tribunal (VCAT) merits review with an internal review process for applicants refused a WWC Clearance or whose clearance is revoked
- Introduction of a requirement for every WWC Check applicant to provide evidence of completed approved child safety training, although this amendment is not effective, as yet
Further, the Education and Training Reform Amendment Bill 2026 (Vic) was passed on 29 July 2026 and is currently awaiting assent. Key amendments are:
- The introduction of statutory principles requiring education settings to be culturally safe and free of racism
- The requirement to enshrine First Nations histories and cultures in Victorian curriculum
- The requirement to have policies restricting personal electronic devices during school hours
Other jurisdictions: Tasmania and Western Australia
Meanwhile, other states have also made progress towards strengthening child safety and raising professional standards:
- In Tasmania, the Department for Education, Children and Young People is finalising the draft Teachers Registration Bill 2026 (Tas) based on feedback from the public consultation which closed on 2 June 2026
- In Western Australia, the Working with Children (Screening) Amendment Bill 2025 (WA) had its second reading debated on 18 June 2026. This Bill is intended to give effect to the national agreement on mutual recognition of negative notices, so that a person denied or revoked a WWC Check in one jurisdiction cannot hold one in another
The bottom line
With many of these reforms already in force and others still progressing through parliament or awaiting assent, priorities will differ from one jurisdiction to the next. Schools should review the developments relevant to their state or territory and consider whether their policies and procedures need updating.
Ideagen has recently released the School Law Monitor Term 3, which covers the developments above in greater detail. For more information, please contact our team.
The article is current as at July 2026.
