***Warning—Distressing Content*** It’s a sentence we hear too often in our sector: “There was insufficient evidence to substantiate the allegation.” But what does that mean in practice? It means that children—many too young to articulate trauma—are systematically failed. It means perpetrators continue working with children because our system prioritizes procedural thresholds over child well-being.
Australia’s childcare system is facing a crisis of accountability. Recent reporting from The Guardian revealed that thousands of complaints about sexual misconduct in childcare have been lodged in recent years—yet most alleged perpetrators continue working. They are “cleared,” not because they were proven innocent, but because the system never investigated them thoroughly to begin with.
Angela* was cuddling her daughter in bed one afternoon when the then two-year-old said something she had never heard before.
“Kiss my bum?” she asked, lifting her bottom up.
“Don’t be silly, I am not going to kiss your bum,” Angela said gently, kissing her own hand to transfer a kiss to the side of her daughter’s bottom cheek.
Investigative paralysis
Multiple regulators—state and federal—point fingers at each other when the police decline prosecution. Disclosures made by two- and three-year-olds, even when corroborated by clinical assessments and mental health professionals, are deemed “unsubstantiated.” This legal fiction allows accused educators to remain in the workforce, often without any tracking mechanism or warning to future employers.
We saw this play out with Ava*, a two-year-old who disclosed abuse by a man living in a family daycare home. NSW police, the Department of Communities and Justice, and the Department of Education all agreed there was “insufficient evidence.” The service remains open. Ava’s trauma remains unacknowledged.
Where Reform Must Begin
This is not a failure of individual services. It’s a systemic failure created by:
- Inconsistent regulatory powers across states and territories
- No centralised safeguarding system or "persons of concern" register
- Lack of real-time tracking of allegations, patterns, or professional movement
- Barriers to action when complaints are credible but not criminally prosecutable
- Fear of breaching privacy laws—even when children are at risk
We must stop asking children to meet adult legal thresholds
Young children disclose in fragments. They show us symptoms. They use metaphors. They regress in behaviour. These are valid forms of communication—especially when supported by professionals. Yet our current system demands courtroom-ready statements from toddlers. It fails to capture nuance, build rapport, or respond holistically.
What We Urgently Need
- A national safeguarding protocol with powers independent of police prosecution outcomes
- A “suitability register” tracking individuals with concerning patterns—even in cases not leading to convictions
- Sector-wide guidelines that allow centres to act on credible allegations without fear of legal retaliation
- Whistleblower protections for educators, families, and leaders who raise concerns
- Recognition that trauma-informed principles must underpin all investigations involving children
This isn’t about being punitive. It’s about being protective.
The children failed by our systems deserve more than apologies and reactive legislation. They deserve a sector where supervision is accountable, complaints are investigated with empathy, and safeguarding is embedded in our infrastructure—not added as a checkbox.
Until then, we remain complicit.
Further Reading
“We Are Not Going to Let Monsters Lurk in Centres”: Queensland’s Childcare Reckoning Demands National Action
800 More Children to Be Tested
Queensland Sets National Benchmark for Childcare Safety Reform
Affinity Follows G8 Footsteps With CCTV Cameras
“Kindy Cops” and Cameras: Federal Crackdown on Childcare Safety
Reference:
Thousands Of Reports Of Abuse Have Been Made In Australian Childcare Centres. Most Alleged Perpetrators Were Allowed To Keep Working