New laws targeting sexual offences against children

There are new criminal law offences commencing in Queensland to increase protection of children from the risk of sexual abuse. The new offences target behaviour that ignores or hides the sexual abuse of children. Everyone involved in sport, active and outdoor recreation has a role to play in keeping children safe from harm.

Failure to report

• All adults in the community that reasonably believe (or should reasonably believe) that a child is being or has been the victim of sexual abuse must report it to the police – unless they have a reasonable excuse.
• The maximum penalty for failing to report belief of a child sexual offence is 3 years’ imprisonment.

Failure to protect

• Adults in an institutional setting (including sport and recreation clubs) must protect children from the risk of a sexual offence being committed against them.
• Specifically, an adult in a position of power or responsibility within an institution that has children in its care, supervision and control will be required to reduce or remove a known risk of sexual offending against a child by an adult associated with an institution.
• How an adult can remove or reduce risk will depend on the situation. Adults should not have to adopt unnecessarily expensive or risk-averse behaviour.
• The maximum penalty for failing to protect a child from a sexual offence is 5 years’ imprisonment.

As activity providers, it is important that you understand your obligations and take the necessary steps to protect children at your institution.

You may also wish to seek legal advice if you are unsure about reporting obligations.

Adapted from Sport and Recreation Update: your obligations, protecting Queensland children
Department of Tourism, Innovation and Sport