Beyond Compliance in Safeguarding: Lessons from the Childcare Sector for Every Organisation
The childcare sector under strain
The recent allegations of sexual assault in Victorian childcare services have once again thrown the safety of children into the national spotlight. For parents and carers, the very idea that harm could occur in a space designed for nurture and learning is devastating. For childcare providers, each allegation shakes confidence in a sector already under immense pressure.
The arrest of Melbourne childcare worker Joshua Dale Brown, who was charged with more than 70 offences involving infants as young as five months, has understandably shaken the confidence and trust of parents, carers and the wider community. With more than 2,600 families contacted by authorities and over 1,200 children offered health screening across 20 centres where he worked, the scale of the response reflects the seriousness of what is at stake.
In early July, in direct response to the Brown case, the Victorian government commissioned a Rapid Child Safety Review, exposing major flaws in oversight systems. The report, released in mid-August, revealed that staff with active WWCCs had nonetheless faced serious abuse allegations, and yet continued working. Among its recommendations are the establishment of an independent childcare regulator and urgent reforms to the WWCC regime.
The limits of screening
Working With Children Checks (WWCCs) are a cornerstone of Australia’s safeguarding system, relied upon by organisations, parents, and regulators as evidence of safety. Yet their limitations are increasingly clear. They tell us only whether a person has been caught, charged, or convicted and not whether they present a risk.
As our CEO Fiona Boyle has observed, loopholes in the Working With Children Check (WWCC) system mean a “motivated” offender can find ways to continue working, even after suspension. She has also pointed to the troubling reality that individuals who lose their clearance often succeed in appealing and having it reinstated. These gaps remind us that relying on the WWCC as a single line of defence is not enough to guarantee safety and warrant demand for urgent reform to address systemic weaknesses.
“It is a cumbersome routine but Kooyoora performs rigorous weekly reviews of the WWCC registry (through OSCA) partly because of gaps in Victoria’s system”.
As Professor Ben Mathews, a leading expert on child abuse prevention, has argued:
“Working With Children Checks are a very, very blunt tool. They should be there in a strengthened form, but they are the least effective and least important of our safeguarding tools.”
“The vast majority of people who have sexually offended against kids have never even been charged, let alone convicted. Relying on WWCCs alone is not safeguarding – it is an entry point, not the full system."
Professor Daryl Higgins, Director of of ACU’s Institute of Child Protection Studies, stressed that none of these findings are new. Higgins noted:
“It was disappointing that it took such high-profile horrific incidents… for the spotlight to finally be shone on these long-running safety gaps… These findings do not tell us anything new… this time, swift action must follow to restore faith in the system and, above all else, protect children.”
At one Goodstart Early Learning centre, educators reported ‘being silenced’ when they raised misconduct concerns. Despite the concerns, the educator continued to hold a valid Working With Children Check (WWCC).
As Australia’s Children’s Commissioner Anne Hollonds has highlighted, fragmented systems and unclear lines of accountability create ‘multiple failure points’ and opportunities for predators to slip through.
The challenges in childcare
It is important, though sometimes difficult, to acknowledge that most group care environments are safe and protective. International research suggests that neglect is more likely to occur in home-based settings, particularly where oversight and support are limited, rather than in regulated institutional care. In Australia, the ACMS has found that around a third of children experience some form of abuse or neglect before the age of 18, highlighting the scale of the problem across all contexts. Yet, even with these broader patterns, a single case of harm in childcare can feel overwhelming, as the breach of trust resonates deeply.
It is also important to understand the challenges faced by the childcare sector in light of how services are regulated across Australia, as well as the unique vulnerabilities within the sector.
Organisations often operate under complex conditions, and it is critical they are supported to navigate these challenges and develop realistic, evidence-based solutions rather than simplistic or reactive approaches. Knee‑jerk responses such as blanket bans on employing men are an example of simplistic, ineffective and potentially unlawful discriminatory responses that fail to address the underlying risks, systemic issues, and the nuanced needs of children, families, and the workforce.
The regulatory landscape: fragmentation
Australia’s early childhood education and care sector operates under the National Quality Framework (NQF), which sets national laws, regulations and the National Quality Standard. The NQF is administered nationally by ACECQA but enforced day‑to‑day by state and territory Regulatory Authorities (e.g., Education departments), creating a shared model of responsibility. In parallel, organisations are expected to implement the National Principles for Child Safe Organisations, and, in some states, comply with Reportable Conduct Schemes that require notification and oversight of staff misconduct investigations.
Some of the challenges:
Inconsistent rules across jurisdictions: While the NQF is national, implementation varies by state/territory. Amendments to regulations and compliance approaches are adopted on different timelines, which complicates operations for providers working across borders.
Fragmented screening systems: Working With Children Checks (WWCCs) are state‑based, not a single national scheme. Because clearances are not automatically recognised or synchronised nationally, oversight is harder when staff move between jurisdictions or work for multiple employers.
Variable reportable‑conduct obligations: Only some jurisdictions run a formal Reportable Conduct Scheme; scopes and thresholds differ, creating confusion about when and how to notify, and limiting the ability to share risk information consistently.
Principles vs. practice: The National Principles offer a strong cultural blueprint but are not, on their own, a prescriptive regulatory instrument. Translating them into day‑to‑day controls still rests with each organisation, which can lead to gaps in implementation quality.
Childcare sector vulnerabilities
The childcare sector is particularly vulnerable to gaps in safeguarding because of its structure and workforce dynamics:
Workforce pressures: Providers often face severe staffing challenges, including shortages and comparatively low pay. With limited funding and growing demand for services, some may prioritise filling rosters over thorough oversight, increasing the risk of supervision lapses.
Casual and mobile workforces: Many educators work casually across multiple centres, sometimes under agency arrangements, making consistent oversight and accountability harder to maintain.
Changing workforce demographics: More men are entering a historically female‑dominated industry. While this is positive for children and the profession, it raises cultural challenges around perceptions, trust and risk management that must be met with good policy, not prejudice.
Trust on the line: When harm occurs in childcare, the betrayal of trust has an outsized impact, not just for individual survivors and their families, but for the reputation of the entire sector.
New childcare reforms
Victoria is pursuing a bold package of reforms following the Rapid Child Safety Review. The government has accepted all 22 recommendations and backed them with a $42 million investment to restore trust and improve safety. As a frontline organisation that has experienced the realities of insufficient existing infrastructure, we see these reforms as a positive step forward.
Key components of the overhaul include:
Immediate and stronger sanctions
Legislation is in place to allow Working With Children Checks (WWCCs) to be suspended immediately while under reassessment, even before formal findings are in. The reforms also include powers to cancel checks obtained through misleading information and eliminate lengthy appeal delays at VCAT.A powerful, independent regulator
A new national leading early childhood regulator will be established by year’s end, with the authority to more than double the frequency of compliance checks across services.Integrated oversight via an expanded Social Services Regulator (SSR)
The SSR will bring together responsibility for WWCCs, Reportable Conduct Schemes, and Child Safe Standards under one roof, breaking down siloes and equipping the agency with the authority to act on intelligence and unsubstantiated concerns.Mandatory training and a speaking up culture
WWCC applicants will be required to complete online child safety training, and staff will participate in ongoing professional support programs. Crucially, reforms include changes to national law that strengthen the culture of ‘speaking up’, helping ensure safety concerns are heard and addressed proactively.Broader structural changes
The government is calling for federal collaboration to embed these reforms across the national system, seeking higher penalties for breaches, a national early childhood workforce register, and a longer term strategy to enhance quality and safety.
Premier Jacinta Allan emphasised the urgency of these reforms: “Parliament will sit for as long as it takes to get this Bill passed” and affirmed her commitment as both a parent and a leader to restore confidence in the sector.
Lessons beyond childcare
The challenges facing childcare are not unique. Fragmented oversight, inconsistent screening systems, and workforce pressures affect many sectors that serve vulnerable people, including disability services, aged care, sport, and faith-based organisations. Each of these settings relies on public trust, yet each is vulnerable to the same cracks we see in childcare.
How can organisations across all sectors learn from the childcare crisis?
The reforms now being demanded in early childhood are equally relevant elsewhere. What childcare demonstrates most clearly is that compliance frameworks alone do not keep people safe. Comprehensive and true safeguarding rests on prevention, early intervention, and transparent responses when things go wrong. At Kooyoora, we support organisations through a model built on these three pillars. For any sector facing similar risks, these pillars provide a roadmap that moves beyond compliance. Together, they form a cohesive systemic approach that can help organisations to navigate complex challenges and maintain their strong commitment to safety and accountability.
What can organisations do to be safe?
1 ] Prioritise Prevention
Focus on a creating a positive and safe organisational culture. As part of our research into abuse prevention, we have found safe organisational cultures are built on by identifying risks, promoting psychological safety, and providing training to prevent abuse and misconduct. To help your organisation develop a more preventative approach you can use Kooyoora’s Abuse Prevention Through Culture Change Framework as a guide to preventing harm.
Why it’s important: A preventative approach reduces the likelihood of harm occurring and ensures that safeguarding becomes part of everyday practices, not just a compliance task.
2 ] Implement early intervention
Take proactive measures to identify and address risks before they escalate. This includes rigorous pre-employment screening, ensuring your organisation understands and complies with reporting obligations, equipping staff to recognise early warning signs, and providing confidential support channels for staff and clients. Kooyoora’s Safeguarding Services can guide your organisation in strengthening these processes so that potential issues are dealt with swiftly and appropriately.
Why it’s important: Early intervention allows risks to be managed before they cause harm. By acting quickly and decisively, your organisation not only protects vulnerable people but also safeguards its integrity, reputation, and trust with the community.
3 ] Develop a Transparent Response System
When incidents occur, your organisation must be ready to act decisively and fairly. This means having clear reporting procedures, providing multiple accessible channels for concerns to be raised, and ensuring impartial investigations are conducted. It also includes offering appropriate support and redress for those affected. Kooyoora’s independent complaints and investigation services can help your organisation manage these processes with fairness and sensitivity.
Why it’s important: A transparent and consistent response builds trust, accountability and upholds both ethical standards and organisational integrity. It reassures staff, clients, and the community that concerns will be taken seriously and handled in a way that prevents further harm.
4 ] Go Beyond Compliance in Screening
Policies, audits, and checklists are necessary, but they are not enough on their own. Working With Children Checks (WWCCs) are essential, but they do not capture a person’s attitudes toward children or their understanding of children’s rights. Organisations can strengthen screening by asking about ethical behaviour, handling difficult situations, and respect for children, while also ensuring thorough reference checks are completed to flag potential risks before staff start work. Kooyoora’s article Rethink Your Hiring to Protect Children in Care offers practical hiring questions and strategies to better assess candidates’ attitudes, ethics, and approach to children’s rights.
Safeguarding must be embedded in the day-to-day decisions and behaviours of leaders, staff, and volunteers. Your organisation should see compliance as the foundation, not the goal, and build systems that actively support and reinforce a safe culture.
Why it’s important: Going beyond compliance ensures that safeguarding is not treated as a tick-box exercise. It demonstrates a genuine commitment to protecting people, identifying risks that formal checks alone may miss, and maintaining the trust placed in your organisation.
5 ] Regularly Review and Adapt
Safeguarding is never static. Risks change over time, and systems must evolve to meet them. Commit to reviewing your safeguarding practices regularly, evaluating the effectiveness of your policies, and learning from incidents both within your organisation and across the sector. Kooyoora’s Abuse Prevention Through Culture Change Framework can support your organisation in embedding continuous improvement.
Why it’s important: Regular review ensures your organisation remains responsive to emerging risks and able to improve over time, strengthening both safety and resilience.
6 ] Foster a Speaking-Up Culture
Encourage staff, clients, and volunteers to raise concerns without fear of reprisal by embedding the principles of psychological safety outlined in Kooyoora’s Abuse Prevention Through Culture Change Framework. This means creating safe and confidential pathways for reporting concerns, ensuring all voices are heard and taken seriously, and supporting leaders to model openness and accountability. You can read our article on Understanding Psychological Safety for a deeper understanding of the principles.
Why it’s important: Embedding psychological safety helps people feel confident to speak up. This not only brings risks to light earlier but also prevents cover-ups, strengthens accountability, and ensures problems are addressed before they cause greater harm.
7 ] Invest in Capability Building
Too often, organisations only deliver training or update their safeguarding policies after a serious incident has occurred. This reactive approach leaves staff underprepared to identify risks or respond effectively when issues arise. By contrast, a proactive framework invests in capability building as an ongoing priority, through regular, evidence based training, leadership development, and embedding safeguarding skills into daily practice. At Kooyoora, we emphasise that safeguarding is a skillset as much as a system, and building that capability strengthens every layer of protection.
Why it’s important: Investing in capability building equips staff and leaders to prevent, recognise, and respond to risks before they escalate. It ensures safeguarding knowledge is not left dormant until a crisis occurs, and creates resilience in a sector facing increasing costs and resource pressures.
8 ] Engage Children, Families, and Communities
Keeping children safe is a shared responsibility. Organisations should understand cultural context, recognise warning signs, and ensure children and families have a voice in matters that affect their safety. Providing parent education on protective behaviours and children’s rights can further strengthen safety both inside and outside care settings.
Why it’s important: Involving families and respecting cultural context creates a broader safety net, empowers children, and builds trust between organisations and the communities they serve. It ensures safeguarding is not only an internal organisational responsibility but a collaborative effort that reinforces protection across all environments.
Turning Crisis Into Opportunity for Change and Reform
The childcare crisis is a stark reminder that safeguarding cannot be left to chance, nor can it be reduced to compliance checks alone. Protecting children and by extension, protecting all vulnerable people across sectors, requires investment in culture, capability, and systems that work together. At Kooyoora, we believe prevention, early intervention, and transparent responses are the foundation of meaningful safeguarding. By embedding these principles and moving beyond reactive measures, organisations can not only reduce the risk of harm but also build a culture of trust, accountability, and safety that endures.