Tasmania’s Child and Youth Safe Organisations Framework: A Year Down the Track
Tasmania’s robust child safety legislation came into effect in 2024 with the commencement of the Child and Youth Safe Organisations Act 2023 (Tas). These laws established The Child and Youth Safe Organisations Framework (Framework), which establishes the Child and Youth Safe Standards (CYSS) and The Reportable Conduct Scheme (RCS). The framework is overseen by the statutory body, the Office of the Independent Regulator (OIR). You can find more information about the Framework here.
As the Framework in Tasmania has now celebrated its first anniversary, it is important that organisations understand their obligations and what they need to do to comply with this Framework. This article serves as a comprehensive deep dive into the Framework, outlining its key elements.
What are The Child and Youth Safe Standards?
The CYSS are 10 principles that are reflective of the National Principles for Child Safety. They aim to promote the safety and wellbeing of children and young people, by mitigating incidents of child abuse. Oversight and implementation of the CYSS are regulated by the OIR, ensuring organisations have compliant policies, procedures and systems in place. More information on the CYSS can be found here.
The 10 Child and Youth Safe Standards are:
- Child safety and wellbeing is embedded in organisational leadership, governance and culture.
- Children and young people are informed about their rights, participate in decisions affecting them and are taken seriously.
- Families and communities are informed and involved in promoting child safety and wellbeing.
- Equity is upheld and diverse needs respected in policy and practice.
- People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.
- Processes to respond to complaints and concerns are child focused.
- Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training.
- Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.
- Implementation of the Child and Youth Safe Standards is regularly reviewed and improved.
- Policies and procedures document how the organisation is safe for children and young people.
Organisations must also give effect to the Universal Principle for Aboriginal Cultural Safety, which means that organisations must provide an environment that respects the right to Cultural Safety of Aboriginal or Torres Strait Island children and young people. The Universal Principle applies to all ten standards. More information on the Universal Principle can be found here.
What is the Reportable Conduct Scheme?
The RCS is a compulsory scheme that requires the head of entity of organisations that work with children and young people to report and investigate concerns related to child abuse that are raised in relation to workers, including employees and volunteers. The RCS is regulated by the OIR and this scheme plays a crucial role in monitoring and ensuring appropriate institutional responses to child abuse and harm in Tasmanian organisations. More information about the RCS can be found here.
Reportable conduct includes criminal and non-criminal behaviour, and covers:
- significant emotional or psychological harm
- significant neglect
- physical violence
- a sexual offence
- sexual misconduct
- grooming
- relevant offences such as failing to report child abuse and female genital mutilation.
What is the Office of the Independent Regulator?
The OIR is independent from the Tasmanian Government and reports to Parliament, rather than a Minister or department. The OIRs assist organisations to comply with the CYSS, including the Universal Principle, as well as implementing the RCS.
The OIR oversees investigations, but they also possess the authority to initiate investigations, including own motion investigations, in specific circumstances.
The OIR also has the capacity to share information regarding reportable allegations and investigations related to child safety concerns, fostering collaboration to ensure the safety of children in Tasmania.
More information about the OIR can be found here.
How can Safe Space Legal help?
Organisations need to ensure they are fully compliant with the Tasmanian Child and Youth Safe Organisations Framework. This includes organisations reviewing their policies and procedures, child safe recruitment, training staff and having child-focused complaints systems in place that identifies and responds to reportable conduct.
If your organisation requires assistance in meeting its obligations to implement the Child and Youth Safe Standards or Reportable Conduct Scheme, please get in touch with our team today.
Safe Space Legal has significant legal and holistic expertise to empower organisations to be child safe. Our services include:
- Audits and Gap analyses against the National Principles and Child Safe Standards
- Child Safety policy development
- Child Safety training tailored to the organisation
- Reportable Conduct investigations