NSW private healthcare: the new child-safety duties and your annual action plan

What changed on 1 October 2026?

NSW brought relevant private health facilities into both the Reportable Conduct Scheme and the Child Safe Scheme on 1 October 2026. These are now operating requirements, not a future preparation exercise. The Office of the Children’s Guardian (OCG) oversees the schemes. Providers need systems for recognising, notifying, investigating and responding to reportable allegations, alongside implementation of the Child Safe Standards.

The first question is whether the facility must be licensed under the Private Health Facilities Act 2007 and provides services to children in any capacity. An occasional young patient is enough: frequency of contact is not the test. A child means anyone under 18, including 16- and 17-year-olds who may otherwise be treated through adult clinical pathways.

Who must act, and who should not assume they are covered?

Licensed private hospitals and other licensed private health facilities serving children must assess their obligations immediately. The OCG expressly distinguishes sole traders or small businesses only providing therapy supports, such as speech therapy and occupational therapy, that are not private health facilities under that Act. These businesses are not brought into these schemes by this particular expansion. That is not an exemption from other child protection, professional or criminal-law duties.

Record the licensing and service facts supporting your scope decision. If the position is unclear, seek OCG advice rather than copying another provider’s conclusion. Within an in-scope organisation, identify the Head of Relevant Entity (HRE). Work can be delegated to a suitably qualified employee, but the HRE remains ultimately accountable.

Immediate priorities for providers

Replace general “raise a concern with your manager” wording with an operational reporting pathway. Identify who receives allegations when the usual manager is unavailable or is the subject of the complaint. Give the HRE access to current OCG notification requirements and forms. Record when a concern became known and track the applicable statutory deadlines; do not wait for an internal investigation to establish proof before assessing notification.

Review codes of conduct, patient complaint routes, contractor arrangements and risk assessments for intimate care, recovery areas, sedation and digital communication. Children and families need an accessible way to raise concerns without approaching the person involved. A clinical incident process alone is not a complete reportable-conduct response.

The OCG states that there is no formal registration, accreditation or certification process demonstrating compliance with these schemes. A training certificate or purchased assurance report is evidence of activity, not regulator certification. Providers should be able to show how their actual practices meet their obligations.

Book annual training for every level — and train sooner when needed

We recommend a planned annual refresher cycle for private healthcare providers in New South Wales, supported by induction before relevant duties and additional briefings after legal changes, incidents or identified gaps. Annual delivery is a practical assurance recommendation here, not a claim that every provider is legally required to purchase training from us each year. Specific contracts, accreditation requirements, regulator directions or professional obligations may add requirements for your service.

Board and owners: review scope, accountable leadership, risk appetite, resourcing and evidence of unresolved safeguarding risks. Ask what has changed since the last review and what needs a decision.
Heads of entity and executives: practise legal threshold decisions, reporting accountabilities, oversight of investigations where relevant, conflicts and external referrals.
Managers and team leaders: rehearse receiving disclosures, immediate protection, escalation, record preservation and support for affected people.
Frontline clinical and support teams: recognise warning signs, maintain professional boundaries, listen to children and use the correct local reporting pathway. Include relevant agency staff, volunteers and contractors in the training plan.

Assess understanding through realistic scenarios rather than recording attendance alone. Keep the course version, date, role, completion outcome and follow-up actions. Arrange catch-up sessions for absences and coaching where a person cannot explain the pathway.

Test the pathway with a local healthcare scenario

Use a scenario involving a 17-year-old day-surgery patient raising a boundary concern about a contractor. Test whether staff recognise the patient as a child, protect them, record the disclosure accurately and reach the HRE without waiting for the next committee meeting.

Use a fictional exercise, not identifiable patient details. Document where the response stalled and assign a person and due date to each improvement. Exercises support readiness; they never replace action on an actual concern.

Commission a proportionate audit and close the gaps

A recommended annual systems review should sample governance and delegations, policies, screening, induction, complaint accessibility, reporting decisions, record security and corrective actions. Where lawful and appropriate, a tightly controlled sample of closed matters can test whether practice matches policy. Do not give an external reviewer unrestricted patient or allegation records.

Use a risk-based scope. A small practice may need a focused pathway and policy review; a hospital group may need site sampling and independent challenge. An external audit is an assurance option, not automatic regulator approval or a guarantee of legal compliance. Findings need owners, due dates and evidence of closure.

A practical 30 / 60 / 90-day plan

First 30 days: confirm legal scope, appoint an accountable sponsor, check current reporting contacts and deadlines, address immediate safety gaps and book role-based training.
By 60 days: complete priority training, test a disclosure scenario, update policies and commission a proportionate systems review where needed.
By 90 days: present findings to the board or owner, close high-priority gaps and approve a 12-month training and review calendar.

These are suggested improvement milestones, not statutory grace periods. Existing legal duties and incident reporting deadlines apply immediately; do not wait for a training date, audit or board meeting.

Take action: request your training and assurance plan

Book an annual training discussion now. Tell us your state or territory, service types, number of sites, approximate workforce size and preferred timing. Request Training only for role-based learning, Compliance for training plus a systems review, or Board Assurance for governance reporting and a board workshop. We will confirm the appropriate scope and written terms before any engagement.

Use the enquiry buttons below to request a proposal. Do not include patient names, identifiable child information or details of an active allegation. This is a commercial training and assurance enquiry, not an emergency or statutory reporting service.

General information, reviewed 2 October 2026; not legal advice or a substitute for current regulator guidance. Seek advice on your organisation’s circumstances. The annual training, audit and board-review cycle above is recommended practice unless a specific applicable obligation requires it.