Report on Systemic Failures in Australia’s Childcare Regulatory Framework and Alignment with Sustainable Development Goals

Introduction: Child Protection and Institutional Accountability

Recent investigations into Australia’s childcare sector have exposed significant systemic shortcomings that compromise child safety and fail to align with key United Nations Sustainable Development Goals (SDGs). Specifically, these failures represent a direct challenge to achieving SDG 16 (Peace, Justice and Strong Institutions), which calls for an end to abuse, exploitation, and violence against children (Target 16.2) and the development of effective, accountable, and transparent institutions (Target 16.6). The inability of the current regulatory and justice systems to adequately address allegations of sexual misconduct undermines not only institutional integrity but also SDG 3 (Good Health and Well-being) and SDG 4 (Quality Education) by failing to provide safe and nurturing environments for children.

Analysis of Regulatory and Justice System Deficiencies (SDG 16)

The core issue lies in an opaque, inconsistent, and often ineffective regulatory system that is frequently unable to act against alleged perpetrators, particularly when police do not proceed with criminal prosecution. This creates a dangerous gap in child protection.

The Challenge of Substantiation and the Justice Gap

Multiple case studies illustrate a recurring pattern where allegations, even when supported by clinical notes and child disclosures, are dismissed due to an evidentiary standard geared towards criminal conviction.

• Case Study 1 (Victoria): A two-year-old’s disclosure of sexual abuse by an educator, supported by a medical assessment, resulted in an “unsubstantiated – insufficient evidence” finding. The investigation stalled as it lacked corroborating footage or adult witnesses, leaving the educator employed and highlighting a failure to provide access to justice for the most vulnerable.
• Case Study 2 (New South Wales): A two-year-old’s disclosure of sexual abuse at a family daycare service also resulted in no charges and the case being closed due to “insufficient evidence.” The service remains operational.

These cases demonstrate that the high evidentiary bar of “beyond reasonable doubt” required for criminal court is misapplied in a regulatory context, where the primary goal should be child safety, not criminal punishment. This systemic flaw directly contravenes the principles of SDG 16 by failing to create institutions capable of protecting children from violence.

Regulatory Paralysis and Inconsistent National Standards

The system’s dependency on police action hamstrings state and territory regulators, preventing them from taking independent action against individuals deemed a risk.

1. Police Inaction Leads to Regulatory Inaction: In a Northern Territory case, after police declined to prosecute a casual educator for inappropriate touching due to a lack of witnesses or CCTV, the regulator (QECNT) concluded it could take no further action. The educator was subsequently cleared to seek re-employment.
2. Inconsistent Data and Response: Freedom of information requests reveal vast inconsistencies in how jurisdictions record and investigate allegations. South Australia, for instance, did not investigate nearly 60% of physical and sexual abuse reports and issued no compliance notices over a nearly five-year period. In contrast, New South Wales investigated all reports but took “no further action” in 70% of cases.

This patchwork approach undermines the National Quality Framework’s goal of consistency and demonstrates a failure to build effective and accountable institutions as mandated by SDG 16.6.

Consequences of Information Silos and Failure to Heed Prior Warnings

A critical failure identified across multiple inquiries is the inability of agencies to share information, allowing individuals who pose a risk to move between institutions and jurisdictions undetected.

Systemic Failure in Tracking “Persons of Interest”

The case of Ashley Paul Griffith, convicted of abusing 73 girls over two decades, exemplifies this failure. Despite prior complaints to employers and police, the information was not shared between agencies, and the complaints did not proceed to prosecution. This allowed him to maintain his working with children check (Blue Card). This highlights a profound breakdown in the “child safeguarding scaffolding” that should underpin the industry.

• The Australian Children’s Education and Care Quality Authority (Acecqa) noted that the sector has no clear system for tracking workers with unsubstantiated allegations, creating a “unique challenge” for regulatory monitoring.
• Warnings from the Royal Commission into Institutional Responses to Child Sexual Abuse nearly a decade ago, which recommended better information sharing to prevent perpetrators from moving between institutions, have largely gone unheeded.

Impact on Broader Sustainable Development Goals

Undermining Health, Well-being, and Quality Education (SDG 3 & SDG 4)

The failure to ensure basic safety has direct consequences for other fundamental development goals.

• SDG 3 (Good Health and Well-being): The trauma of abuse and the subsequent failure of the justice system inflict severe and lasting damage on the mental and physical well-being of children and their families, directly opposing Target 3.4.
• SDG 4 (Quality Education): A safe environment is a non-negotiable prerequisite for quality early childhood education (Target 4.2). When children are at risk of abuse, the educational mission of these institutions is fundamentally compromised.
• SDG 8 (Decent Work and Economic Growth): Experts suggest that reactive strategies like CCTV are insufficient. Instead, investment in the workforce—improving pay, staffing levels, and reducing reliance on casual workers—is crucial for creating stable, professional, and safe environments, aligning with the principles of decent work.

Recommendations for Reform Aligned with SDG Principles

To address these systemic failures and align with SDG commitments, a proactive and comprehensive reform agenda is required.

1. Establish a National Centralised Register (SDG 16.6): As recommended by Acecqa and the National Children’s Commissioner, a national register should be created to track all reportable conduct concerning childcare workers, including unsubstantiated allegations. This would allow for the identification of patterns of concerning behaviour, even when individual incidents do not meet the threshold for criminal prosecution.
2. Strengthen Regulatory Powers (SDG 16.2): Regulatory bodies must be empowered to investigate and take action against individuals and services independently of police investigations. The standard of proof for regulatory action should be based on risk to children, not the criminal standard of “beyond reasonable doubt.”
3. Mandate Inter-Agency Information Sharing (SDG 16): Legislation should be enacted to ensure seamless and mandatory information sharing between police, state regulators, and employers across all jurisdictions to close the loopholes that allow perpetrators to move undetected.
4. Invest in a Quality Workforce (SDG 4 & SDG 8): Address the root causes of safety issues by investing in the professionalization of the early childhood education sector. This includes better remuneration, improved working conditions, and more robust training to foster a culture of safety and quality.

Analysis of Sustainable Development Goals (SDGs) in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

SDG 16: Peace, Justice and Strong Institutions

• The article directly addresses the failure of justice and regulatory institutions to protect children. It describes the childcare regulatory system as “opaque, inconsistent, underfunded and often ineffective” and highlights how police investigations stall and fail to prosecute alleged perpetrators due to “insufficient evidence,” thereby denying justice to child victims. The core theme is the systemic failure to prevent and respond to violence against children.

SDG 3: Good Health and Well-being

• The article touches upon the severe impact of sexual abuse on the mental health and well-being of children. It mentions a victim’s symptoms being “consistent with sexual assault victims” and the need for a “mental health social worker,” demonstrating the profound health consequences of the failures in child protection.

SDG 4: Quality Education

• The issues occur within early childhood education and care centers. A safe environment is a prerequisite for quality education and development. The article reveals that these educational settings are not always safe, which fundamentally undermines the goal of providing quality early childhood care. Professor Marianne Fenech is quoted saying investment in quality education is needed to improve the industry.

SDG 5: Gender Equality

• The article predominantly features cases of sexual abuse against young girls (Angela’s daughter, Ava, and the 73 girls abused by Ashley Paul Griffith). This connects to the goal of eliminating all forms of violence against women and girls in both public and private spheres.

2. What specific targets under those SDGs can be identified based on the article’s content?

SDG 16: Peace, Justice and Strong Institutions

• Target 16.2: End abuse, exploitation, trafficking and all forms of violence against and torture of children. The entire article is a case study on the prevalence of child sexual abuse in childcare settings and the systemic failures to end it.
• Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The article illustrates a lack of access to justice for child victims, explaining that “the disclosure of a two-year-old to her mother… was not enough” and that police often decline to prosecute, leaving families “bewildered, disbelieved and possibly crazy.”
• Target 16.6: Develop effective, accountable and transparent institutions at all levels. The article criticizes the “shocking shortcomings in Australia’s childcare system,” the “irregularities and inconsistencies” among state regulatory bodies, and the lack of information sharing, pointing to a failure to build effective and accountable institutions.

SDG 3: Good Health and Well-being

• Target 3.4: By 2030, reduce by one third premature mortality from non-communicable diseases through prevention and treatment and promote mental health and well-being. The article highlights the need to promote mental health by preventing child abuse. A letter from a mental health professional described a victim’s symptoms as “consistent with sexual assault victims,” underscoring the severe mental health toll.

SDG 4: Quality Education

• Target 4.2: By 2030, ensure that all girls and boys have access to quality early childhood development, care and pre-primary education so that they are ready for primary education. The article questions the “quality” of care when safety is compromised, showing that the system is failing to provide a secure foundation for development.
• Target 4.a: Build and upgrade education facilities that are child, disability and gender sensitive and provide safe, non-violent, inclusive and effective learning environments for all. The central issue is the failure to provide “safe, non-violent” learning environments in childcare centers, where children are instead exposed to sexual abuse.

SDG 5: Gender Equality

• Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation. The article details multiple instances of sexual abuse against young girls in childcare centers, which are institutions in the public/private sphere.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

For Target 16.2 (End violence against children)

• Number of reports of physical and sexual abuse of a child by a childcare worker. The article explicitly provides this data: “NSW had the highest number of reports… with, 1,856 incidents reported from 2020 until 31 October 2024.” It also mentions South Australia had 147 reports.
• Proportion of abuse reports that are investigated by the regulator. This is implied as a key metric of institutional response. The article notes that in South Australia, “nearly 60% of the 147 reports… were not investigated by the regulator.”
• Proportion of investigations resulting in “no further action” or being unsubstantiated. The article states that in NSW, for 1,312 cases (70%), the investigation was completed and “no further action” was taken.

For Target 16.3 (Promote the rule of law and access to justice)

• Number of police investigations that proceed to prosecution. The article implies this is a critical failure point, stating that regulators are “hamstrung in taking action… if the police decide there is not enough evidence to criminally prosecute.” The cases of Angela, Jennifer, and the early complaints against Ashley Griffith all exemplify investigations that did not lead to prosecution.
• Number of compliance notices or penalties issued by regulators for abuse. The article notes that South Australia “did not issue a single compliance notice… for sexual or physical abuse of children in the nearly five years.”

For Target 16.6 (Develop effective, accountable, transparent institutions)

• Existence of a national register or centralized mechanism for sharing intelligence. The article highlights the lack of such a system and mentions Acecqa’s recommendation to “establish a centralised mechanism for sharing intelligence and keeping records” on persons of interest, even with unsubstantiated allegations.
• Consistency of regulatory responses and record-keeping across jurisdictions. The article implies this is a key indicator of an effective national framework, quoting an expert who points to “irregularities and inconsistencies across the country” because different jurisdictions handle monitoring.

For Target 4.a (Provide safe learning environments)

• Number of reported incidents of violence in early childhood education facilities. This is the same indicator as for Target 16.2, but viewed from an educational safety perspective. The 1,856 incidents in NSW are a direct measure of the lack of safety.

4. Table of SDGs, Targets, and Indicators

Source: theguardian.com