Failing to protect children from sex offenders

Part of the Crime topic

Understand what failing to protect children from sexual offenders is, and what you must do and cannot do to follow the law in Queensland.

Since 5 July 2021, failing to take steps to protect children from sexual offenders in an institutional setting is an offence.

This offence requires a person associated with an institution, who knows there is a significant risk that another adult associated with the institution will commit a child sex offence, to reduce or remove the risk if they have the power or responsibility to reduce or remove the risk.

The failure to protect offence applies if you are 18 or older and associated with an institution that has children in its care, supervision or control, and you:

• know there is a significant risk that another adult associated with the institution (or who is a regulated volunteer) will commit a sexual offence against a child or children
• have the power or responsibility to reduce or remove the risk
• wilfully or negligently fail to reduce or remove the risk.

A child sexual offence is an offence of a sexual nature committed against a child and includes:

• indecent treatment of a child
• engaging in penile intercourse with a child under 16
• rape
• incest
• grooming a child (or their parent or carer)
• making child exploitation material
• maintaining a sexual relationship with a child.

The maximum penalty for failing to protect a child from a sexual offence is 5 years imprisonment.

You must

You cannot

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Failing to report child sexual abuse