Reporting requirements

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Protecting children and young people from harm is a fundamental responsibility, and in South Australia all employees and volunteers in education and care settings have specific legal obligations when concerns arise. Depending on the nature and urgency of the suspected harm, different reporting pathways must be used. 

  • When a child is in immediate danger, a criminal offence is suspected, the alleged harm involves sexual abuse, or is child-led harmful behaviours, the South Australia Police must be contacted.
  • Reasonable suspicions of harm or risk of harm must be reported to the Department for Child Protection via the Child Abuse Report Line.
  • Concerns arising within an education or care service must also be reported internally to service management and, where required, to the Education Standards Board as the Regulatory Authority.

In some cases, a report must be made to more than one authority. Failing to report in certain circumstances may constitute a criminal offence under various state legislation. This page provides more detailed information about reporting requirements.
 

Responding in an emergency and to children

This section explains the key steps to follow when responding to an incident, disclosure, or suspicion of child abuse. 

Responding to an emergency 

If a child has recently been harmed, or you have formed a reasonable suspicion that they have been abused or are at immediate risk of harm, you must take all necessary steps to ensure the child’s safety. This includes:

  • separating the child and the other individuals involved, ensuring each person is supervised by a staff member
  • providing urgent medical assistance when required, by:
    • administering first aid
    • calling 000 for an ambulance and following instructions from emergency services
  • calling 000 for urgent police assistance if the alleged offender poses an immediate risk to anyone’s safety.
Preserve evidence

If suspected child abuse occurs at the service, evidence may need to be preserved until police or relevant authorities arrive. Consider the following:

  • environment: Do not clean or alter the area where the incident occurred. Secure the space and prevent access
  • clothing: If sexual or physical abuse is suspected, ensure both the child and the alleged offender remain in their current clothing. If clothing must be removed, avoid handling it and store it in a sealable bag
  • other physical items: Leave any potential evidence (such as bedding, weapons, or condoms) untouched
  • potential witnesses: Take reasonable steps to prevent those involved — including any child witnesses — from discussing the incident.
Staff supervision

Supervision requirements depend on who is involved:

  • incidents involving children: Assign a staff member to stay with each child involved, ideally in separate rooms
  • incidents involving a staff member: A member of the leadership should remain with the staff member, who must be instructed not to discuss the incident.
Responding to a child about harm

If a child has made a disclosure about being harmed, or being at risk of hard you should respond with care and concern by:

  • recognising that the child or young person may be in crisis
  • listening attentively
  • managing your own reactions and avoiding expressions of panic or shock
  • taking their disclosure seriously
  • using the child or young person’s own words (active listening)
  • reassuring them that other children and young people have experienced similar situations and that some adults do the wrong thing
  • affirming that they have done the right thing by telling you
  • letting them know you will do your best to support them, while avoiding promises you may not be able to keep
  • explaining that you need to share the information with someone who can help keep them safe.

When clarifying the situation, it is important not to ask leading questions. Open ended questions are the most effective way to gain more information, especially when they may be feeling vulnerable, frightened, or unsure about how you will respond to what they wish to disclose. These questions allow the child or young person to share information freely, without suggesting a particular answer or limiting their response. Examples of open-ended questions include:

  • tell me more about…
  • how did it happen?
  • what happened?
  • and then what happened?
  • who was there?
  • how do you feel about it?
  • how often has it happened?
  • how does the other person react?
  • tell me about your relationship with…

Reporting to authorities 

Mandatory reporting to the Department for Child Protection 

Under Section 30 of the Children and Young People (Safety Act) 2017, all employees and volunteers in education and care settings in South Australia are mandated reporters and have legal obligations to report to or notify the Department for Child Protection:

  • if they suspect on reasonable grounds that a child or young person is, or may be, at risk of harm, and
  • when the suspicion is formed in the course of their employment (whether paid or voluntary).

Information on forming a reasonable suspicion and indicators of harm or risk to children and young people is available at Reporting suspected harm of children and young people | Department for Child Protection.

A report to the Department for Child Protection is required regardless of whether the source of harm originates within the service or within the family or community. 

Mandatory reporters can report a reasonable suspicion of harm or risk of harm by:

  • phoning the Child Abuse Report Line (CARL), or
  • submitting a report via the online reporting system (e-CARL).

Depending on the situation and the circumstances of the child, some reports must only be made using the CARL telephone report line and not via the e-CARL online reporting system. More information on how to make a report and when to use the CARL telephone report line is available at Process for mandated reporters | Department for Child Protection.

Failure by a mandated reporter to report a suspicion formed on reasonable grounds that a child or young person is, or may be at risk, in the course of their work may constitute an offence under the Children and Young People (Safety Act) 2017.

Reporting to the South Australia Police 

The police should be contacted when a child is in immediate danger or an emergency by calling 000.

If employees or volunteers become aware of criminal behaviour occurring within the service, including behaviour that may constitute a criminal offence against a child, this must also be reported to South Australia Police on 131 444 for non‑emergency police assistance. This police report is in addition to, not instead of, the mandatory report to Child Abuse Report Line (CARL) on 13 14 78. 

Employees and volunteers in education and care settings must also act on their responsibilities regarding two criminal offences introduced through the Statues Amendment (Child Sexual Abuse) Act 2021. This law creates criminal offences for:

  • failing to report to police when they know or suspect that another person who is also an employee (which includes volunteers, students and contractors) is, has, or is likely to sexually abuse a child
  • failing to protect a child from sexual abuse when they know there is substantial risk that another person who is also an employee (which includes volunteers, students and contractors) will engage in the sexual abuse of a child, and they have the power or responsibility to reduce or remove that risk but negligently fail to do so.

More information about these criminal offences is available at New criminal offences under Statutes Amendment (Child Sexual Abuse) Act 2021.

Internal reporting requirements

Any incidents or allegations of physical or sexual abuse that has occurred while the child (or children) is being educated or cared for by the service should be reported to the service leader to notify the approved provider. 

Approved providers are required to notify the Regulatory Authority within 24 hours (or within 24 hours of becoming aware) of:

  • any incident where you reasonably believe that physical and/or sexual abuse of a child has occurred or is occurring at the service
  • any allegation that sexual or physical abuse of a child has occurred or is occurring at the service. 

This ensures the approved provider can meet their legal obligations to report this information to the Regulatory Authority.
For timely and accurate reporting, it is recommended that staff: 

  • ensure the name and telephone number of the person to whom complaints can be made is clearly visible at the service
  • notify the Regulatory Authority of serious incidents online through the NQA IT System
  • use the incident, injury, trauma and illness record template to record any supporting evidence or other (non-serious) incidents. 
Child-led abuse

Child-led abuse refers to developmentally inappropriate behaviours shown by children aged 10 years or older toward other children or adults. These situations must be reported to South Australia Police. 

If the suspected abuse involves harmful sexual behaviour by a child aged 10–14 years (up to 15 years), it may also be appropriate to make a report to Department for Child Protection.

It’s essential to reflect on what may be driving the child’s behaviour. If you have reasonable grounds to believe that their harmful sexual behaviour stems from them experiencing abuse, that concern must also be reported.

A failure by a mandated reporter/notifier to report/notify a suspicion formed on reasonable grounds that a child or young person is, or may be at risk, in the course of their work may result in a person being prosecuted and a court imposing a fine. See section 31(1) of the Children and Young People (Safety) Act 2017.

Internal reporting does not satisfy mandatory reporting 

Reporting to management alone does not meet your legal obligations.

A mandated reporter/notifier's duty of care continues once they make a report/notification to the Child Abuse Report Line. A mandated reporter/notifier should consider how they can continue to support the family within their professional capacity and explore other support services for children, young people and families that may be able to help address the concerns.

A failure by a mandated reporter/notifier to report/notify a suspicion formed on reasonable grounds that a child or young person is, or may be at risk, in the course of their work may result in a person being prosecuted and a court imposing a fine. See section 31(1) of the Children and Young People (Safety) Act 2017.

If your approved provider advises you not to report 

If an approved provider or manager suggests that you should not make a report:

  • you must still report if you hold a reasonable belief that a child has been, or is at risk of being, abused or neglected
  • failing to report may breach your duty of care and may constitute an offence under South Australian law
  • if you choose not to report, you should document your decision and the reasons.

Under the Education and Care Services National Law (South Australia) and the Education and Care Services National Regulations, the approved provider is legally responsible for ensuring that all required notifications are made to the Regulatory Authority and, where relevant, to child protection or police.

If an approved provider, nominated supervisor, or person in management or control fails to make a required report, this may constitute a breach of the National Law and may place children at risk.

Even if the approved provider fails to act, mandatory reporting obligations still apply to individual staff and volunteers. This means that educators must still report suspected harm to:

  • Child Abuse Report Line (CARL): 13 14 78, or
  • Police: 000 in an emergency.

This is regardless of whether the approved provider has fulfilled their obligations under the National Law.

Making additional reports when a previous report exists 

You must make a new report whenever you become aware of additional information that strengthens or adds to your reasonable belief.

Each report helps Department for Child Protection (DCP) and South Australia Police (SAPOL) build a clearer understanding of the risks.

This applies even if:

  • DCP or SAPOL are already involved with the child or family
  • another person has already raised concerns with authorities.

Your obligation is independent of others. If you form a reasonable belief, you must still report.

However, if two or more staff members form the same belief at the same time based on the same information, it is sufficient for one person to make the report.

The others must ensure:

  • the report was made, and
  • all grounds for their own belief were included.

If staff disagree, any person who continues to hold a reasonable belief must make a report.

You may still need to make a referral to DCP, SAPOL, or other services or report if:

  • you do not believe the child is being abused but still have concerns about their wellbeing
  • you believe the child is not currently experiencing abuse but remains vulnerable or at risk.

Wellbeing concerns may be referred to:

  • Child and Family Assessment and Referral Networks (CFARNs)
  • family and community services
  • your organisation’s internal wellbeing pathways
Reporting when the source of the suspected abuse is within the service

If the suspected abuse originates from within the service (this includes any form of suspected child abuse involving a staff member, contractor, or volunteer):

  • contact SAPOL via your local police station. Where appropriate, police may refer the matter to specialist investigative units
  • make a report to DCP via CARL by calling 13 12 78 if you are a mandatory reporter or if you reasonably suspect a child is at risk of harm
  • report internally to your service management, who must then notify the approved provider
  • notify the Education Standards Board as the regulatory authority
    • National Quality Framework (NQF) services must notify through the National Quality Agenda IT System
    • occasional care or other non-NQF services must submit the relevant Education Standards Board notification form as required.
  • for assistance, contact the Education Standards Board on 1800 882 413.
Reporting when suspected abuse originates within the family or community 

If you suspect that a child is being abused or harmed by someone within their family or community, the following obligations apply in South Australia:

  • You must report to Department for Child Protection (DCP) if you reasonably believe that a child or young person is in imminent danger of:
    • serious harm
    • serious injury or death (including if they have a current injury suspected as caused by abuse or neglect)
    • chronic neglect
  • an infant (under 12 months) has an unexplained injury (includes bruises for babies who are not mobile), noting that any inflicted injury to an infant is serious
  • a child or young person has been abandoned or is currently unsupervised
  • a plausible threat has been made to kill or seriously harm a child or young person
  • a child or young person has experienced sexual abuse and has contact with the alleged perpetrator within the next 24 hours
  • the concerns are for a child or young person who is under the Guardianship or Custody of the DCP
  • you must also report any suspected sexual abuse, including grooming, to South Australia Police
  • you must notify your approved provider or service management in all instances.

This duty applies under the Children and Young People (Safety) Act 2017 (SA).

Additional requirements for approved providers to report information to the Regulatory Authority

Under the Education and Early Childhood Services (Registration and Standards) Act 2011 (National Law) and the Education and Care Services National Regulations (2011 SI 653) - NSW Legislation (National Regulations), the approved provider must notify the Education Standards Board via the National Quality Agenda IT System (or if a residual service via email educationstandardsboard@sa.gov.au) of any:

  • serious incidents
  • complaints alleging a serious incident has occurred or that the National Law and Regulations have been contravened
  • circumstances at the service which pose a risk to the health, safety or wellbeing of children
  • any incident or allegation that physical or sexual abuse of a child or children has occurred or is occurring while the child or children is being educated and cared for by the service.
Serious incidents 

You must notify the Education Standards Board within 24 hours of becoming aware of a serious incident (Section 174(2)(a) and Regulation 176(2)(a)).

A serious incident (regulation 12) is defined as any of the following:

  • the death of a child while being educated and cared for by the service or following an incident while being educated and cared for by the service
  • any incident involving a serious injury or trauma to a child while that child is being educated and cared for, which:
    • a reasonable person would consider required urgent medical attention from a registered medical practitioner; or
    • the child attended or ought reasonably to have attended a hospital
    • any incident involving serious illness of a child while that child is being educated and cared for by a service for which the child attended, or ought reasonably to have attended, a hospital e.g. severe asthma attack, seizure or anaphylaxis*
    • *NOTE: In some situations—such as in rural or remote areas—a General Practitioner may provide consultations from the hospital. Only treatment relating to serious injury, illness, or trauma needs to be reported; other routine health matters do not require notification.
  • any emergency for which emergency services attended
  • NOTE: This means an incident, situation or event where there is an imminent or severe risk to the health, safety or wellbeing of a person at an education and care service. It does not mean an incident where emergency services attended as a precaution.
  • a child appears to be missing or cannot be accounted for at the service
  • a child appears to have been taken or removed from the service in a manner that contravenes the National Regulations
  • a child is mistakenly locked in or locked out of the service premises or any part of the premises.
Complaints

You must notify the Education Standards Board within 24 hours of any complaint alleging that a serious incident has occurred while the child is educated and cared for or complaints alleging that the Law has been contravened (Section 174(2)(b)). This includes any complaints about the physical or sexual abuse of a child while being educated and care for at a service.

Under the National Regulations, policies and procedures must be in place for dealing with complaints. The name and telephone number of the person to whom complaints can be made must be clearly visible at the service (Regulation 168(2)(o) and Regulation 173(2)(b)).

Prescribed maters – physical and/or sexual abuse of a child 

As an approved provider, you must notify the Education Standards Board within 24 hours (or within 24 hours of becoming aware) of:

  • any incident where you reasonably believe that physical and/or sexual abuse of a child has occurred or is occurring at the service (Regulation 175(2)(d), Regulation 176(2)(bb)
  • any allegation that sexual or physical abuse of a child has occurred or is occurring at the service (Regulation 175(2)(e), Regulation 176(2)(bc).
Any circumstances that pose a risk to the health, safety or wellbeing of a child

You must notify the Education Standards Board within 7 days of becoming aware of a circumstance arising at the service that poses a risk to the health, safety or wellbeing of a child (Regulation 175(2)(c), Regulation 176(2)(c)).

Child Protection Law

Child protection is a central requirement of the Education and Care Services National Law Act 2010 (South Australia) (National Law). The National Law places clear responsibilities on approved providers, educators, and service leaders to ensure the safety, health, and wellbeing of children in education and care settings. This includes maintaining strong governance systems, ensuring staff suitability, responding appropriately to incidents, and notifying the Education Standards Board of any matter that may pose a risk to children.

In addition, Section 162A — Child protection training states:

“The approved provider of an education and care service must ensure that each of the following persons have completed the child protection training (if any) required… in this jurisdiction:

(a) each nominated supervisor for the service;
(b) each person in day-to-day charge of the service;
(c) each family day care co-ordinator employed or engaged by the service.”

The Education and Care Services National Regulations 2011 (National Regulations) also set out explicit obligations relating to child protection knowledge and training.

Regulation 84 — Awareness of child protection law requires that:

“The approved provider of an education and care service must ensure that a person specified in sub regulation (2) who works with children is advised of—

(a) the existence and application of the current child protection law; and
(b) any obligations that the person may have under that law.”

The persons specified include:

  • a nominated supervisor,
  • a staff member,
  • a volunteer, and
  • a student participating in the service.

This ensures that every individual working with or around children understands the legal framework that protects them.

Together, these provisions require services to ensure that key personnel are both informed about child protection law and trained to identify and respond to concerns.

These legislative requirements form a comprehensive framework designed to prevent harm, promote early intervention, and uphold the highest standards of child safety across all education and care services in South Australia.

Contacting parents or carers 

Notification of Incidents, Injury, Trauma or Illness (Regulation 86)

The approved provider must ensure that a parent or authorised nominee is notified as soon as practicable, but no later than 24 hours after the occurrence, if a child is involved in any incident, injury, trauma or illness while being educated and cared for by the service.

This requirement applies to all incidents, unless police or child protection authorities instruct otherwise.

When a report of harm or suspected harm has been made

If a report of harm or suspected harm has been made to the:

  • South Australian Police, or
  • Department for Child Protection,

the service must seek advice from these agencies before contacting a parent or carer.

These agencies will advise whether it is appropriate to contact parents or carers at that stage. Their direction overrides the usual parent‑notification requirement under Regulation 86.

You will generally be advised not to contact parents or carers when:

  • the parent or carer is alleged to have perpetrated the abuse
  • informing them may place the child at further risk
  • contact may compromise, interfere with, or prejudice an active investigation by the South Australian Police or Department for Child Protection.
What to do when contacting parents or carers when advised it is appropriate 

Where South Australia Police (SAPOL) or Department for Child Protection (DCP) advise that contacting parents or carers is appropriate, your service should make sensitive, timely, and professional contact as soon as possible on the day the incident, disclosure, or suspicion arises.

In many situations where a child is suspected to have been abused or is at risk of harm, it is important that parents or carers are notified as soon as practicable. Early notification enables them to take steps to prevent or reduce any further risk to their child and ensure their child receives the necessary support and care.

Under the NQF parents must be notified within 24 hours if suspected abuse occurs while the child is attending an education or care service.

However, there will be circumstances where contacting parents or carers may increase the risk to the child, and in such cases, you must follow the direction of SAPOL or DCP.

How to discuss concerns with parents or carers 

When speaking with parents or carers about suspected abuse, it is important to:

  • remain calm and composed
  • acknowledge their feelings and respond with empathy
  • validate their concerns
  • provide appropriate and factual details about the incident, disclosure, or suspicion
  • outline the actions taken by staff to date
  • inform them which authority the matter has been reported to
  • provide the name and contact number of the DCP caseworker or SAPOL officer involved (where known)
  • advise whether they are likely to be contacted by DCP or SAPOL
  • explain that the investigation process may take time, and ask what further information they would find helpful and how the service can support them.
Ongoing support for the child and family

Services must operate in a manner that upholds the safety, health, and wellbeing of children, while meeting their educational and developmental needs.

Where appropriate, services should provide holistic and coordinated support to children and families. Addressing trauma and wellbeing concerns associated with child abuse is most effective when approached through careful planning.

Services may consider:

  • establishing regular communication with the child’s parent or carer to plan support strategies, monitor progress, and review the effectiveness of those strategies
  • engaging allied health professionals with expertise in child abuse, trauma, and recovery to assist in designing and implementing support plans
  • developing a safety plan when abuse has been perpetrated by a person within the service or by someone attending the service, to reduce the risk of further harm.
Referrals to support services 

Where appropriate, services may refer children and families to specialist organisations that provide tailored support for those affected by abuse.

Examples of South Australian support services include:

  • Australian Childhood Foundation (SA)
    Offers trauma-informed counselling, therapeutic programs, and support for children recovering from abuse and neglect.
  • Women’s Safety Services SA (WSSSA)
    Provides crisis accommodation, safety planning, counselling, and referrals for individuals experiencing family and domestic violence.
  • 1800RESPECT (national service)
    Offers confidential counselling, information, and referrals for sexual assault, domestic and family violence.
  • Relationships Australia SA
    Provides counselling, family support, trauma services, and programs for children and families affected by violence or abuse.
  • CFARNs
    Supports vulnerable families by coordinating referrals to appropriate services, including those related to safety and wellbeing.

Where appropriate, services should provide families with information about these supports. This aligns with the National Quality Standard 6.1.3 requirement that families have access to current information about community services and resources that promote parenting and family wellbeing.

Providing developmentally and culturally appropriate support

A child’s background must never influence the decision to report suspected abuse. However, staff and volunteers must remain sensitive to each child’s individual circumstances.

Children with disabilities

When supporting a child with disability who has been impacted by abuse, it is essential to consider:

  • their chronological age, developmental stage, and cognitive functioning to ensure support strategies are developmentally appropriate
  • their heightened vulnerability to ongoing abuse when determining whether further reporting or risk-mitigation strategies are required.
  • Aboriginal and Torres Strait Islander children.

When supporting Aboriginal or Torres Strait Islander children affected by abuse, services must provide culturally safe and respectful support. It is important to recognise:

  • the unique histories, cultural traditions, and sensitivities within Aboriginal and Torres Strait Islander communities
  • that family violence is not a feature of traditional Aboriginal or Torres Strait Islander cultures
  • that intergenerational trauma, limited access to culturally appropriate services, distrust of government systems, and socioeconomic disadvantage may compound the impact of abuse.

Children from Culturally and Linguistically Diverse (CALD) backgrounds

When supporting children from CALD backgrounds:

  • ensure support is culturally appropriate while maintaining a clear focus on the child’s safety and wellbeing
  • engage cultural support services where appropriate, ensuring confidentiality is maintained
  • use accredited interpreters when communicating with families who require language support.

Children with refugee backgrounds

Children and families from refugee backgrounds may be experiencing trauma, displacement, and loss. These factors may affect family wellbeing and parenting capacity. While these issues require sensitive consideration, they must not detract from ensuring the child’s safety or from reporting suspected abuse.

Services may consider contacting specialist refugee support organisations, ensuring confidentiality is maintained.

Supporting staff members

Incidents, disclosures, or suspicions of child abuse can be distressing for staff, particularly for those who have personal experiences of trauma.

Staff are encouraged to:

  • speak with their service provider about accessing appropriate support
  • seek assistance from a GP or allied health professional
  • report any historical or current experiences of abuse to police if they choose to do so.

Support is also available through Lifeline (13 11 14).

Record-keeping requirements

Under the Education and Care Services National Law Act 2010 (South Australia) (National Law)  (Section 175) and Education and Care Services National Regulations 2011  (National Regulations) (Regulation 87), approved providers must ensure that accurate records of incidents, injuries, trauma and illness are maintained.

Requirements for residual early childhood services differ slightly in that a residual service must keep the documents specified by the regulations. You must document all relevant information in as much detail as possible. These records assist in meeting mandatory reporting obligations and may be required if the matter progresses to court. Comprehensive notes can also support you should you be called upon to provide evidence.

You should make sufficient enquiries to form a reasonable belief and to identify the child’s immediate needs. However, once a reasonable belief has been established, it is not your role to investigate further. Investigation is the responsibility of DCP or SAPOL.

In addition to completing internal documentation, all early childhood services in South Australia must notify the Education Standards Board of any incident, allegation, or suspicion of physical or sexual abuse of a child that occurs, or is alleged to have occurred, while the child is being educated and cared for by the service.

Notifications must be:

  • submitted within 24 hours of becoming aware of the incident or allegation
  • lodged through the National Quality Agenda IT System for services regulated under the National Law.

eSafety

Technology enriches early learning by helping children explore, create, and build foundational skills. But as digital tools become part of their world, children also need to learn how to stay safe online. Teaching online safety alongside technology use ensures they develop healthy, confident, and responsible digital habits from the very beginning.

Under the National Regulations, approved providers must ensure services have policies and procedures in place for the safe use of digital technologies and online environments.

The Australian Children’s Education and Care Quality Authority provide resources to support online safety:

The eSafety Commissioner has developed resources for use within early learning settings and for sharing with families. Visit Early Years program for educators | eSafety Commissioner for more information. 

Further resources

There are more resources available to support you understanding your obligations in child safety and reporting harm to children. 

From 27 February 2026, all people involved in early childhood education and care must complete mandatory national child safety training. This includes:

  • persons with management or control
  • nominated supervisors
  • persons in day-to-day charge
  • family day care educators
  • other staff, volunteers and students.

More information is available at Child Safety and Child Protection Training | ACECQA.

Your approved provider may also require you to complete Responding to Risks of Harm, Abuse and Neglect (RRHAN-EC) training, offered by the South Australian Department for Education. To confirm, speak to your service leader.

If you need support to better understand your reporting obligations, speak to your service leader.