What is the Child & Youth Safe Organisations Act?
The
Child and Youth Safe Organisations Act 2023 refers to legislation that was passed by Tasmania's State Parliament in June 2023.
The objective of the Act is to protect and promote the best interests of children. It defines the terms, functions, standards and processes that relevant organisations must follow to keep children safe.
What is a Child and Youth Safe Organisation?
A Child and Youth Safe Organisation is one that consciously and systematically:
creates conditions that reduce the likelihood of harm to children
responds appropriately to disclosures, allegations or suspicions of harm
creates conditions that increase the likelihood of identifying and reporting harm
The Child and Youth Safe Organisations Framework has been developed to support organisations to achieve these outcomes.
What is meant by harm to children or child harm?
Harm can include forms of physical, serious emotional, psychological and sexual abuse, neglect or harm towards children and young people up to the age of 18 years. This not only includes physical contact face-to-face, but written, oral or electronic communications and online through social media.
What is the Child and Youth Safe Framework?
The Child and Youth Safe Organisations Framework took effect on 1 January 2024.
There are four pillars of the framework:
Prevention: The Child and Youth Safe Standards
Response: The Reportable Conduct Scheme
Oversight: An Independent Regulator
Information Sharing: Responsibilities for leaders of organisations
Who is the Independent Regulator and what do they do?
The Office of the Independent Regulator oversees Tasmanian organisations (including sole traders) required to comply with the Child and Youth Safe Organisations Framework.
The Independent Regulator:
is independent from the Tasmanian Government and reports to parliament, not a department
oversees a wide range of Tasmanian organisations that engage with children and young people
helps organisations comply with the Child and Youth Safe Standards and the Universal Principle
builds the capability of organisations to prevent, identify, and respond to harm to children and young people
ensures organisations report and undertake investigations correctly in line with the Reportable Conduct Scheme
is established and given powers under the Child and Youth Safe Organisations Act 2023
has significant enforcement powers to ensure compliance
can share information in the interests of protecting children and young people
will collect and report on trends in relation to child and youth safe organisations
is supported by a Deputy Regulator (yet to be appointed)
The Independent Regulator does not:
provide tailored legal advice to organisations, or
investigate all reportable conduct itself, but provides support for organisations to do the work themselves.
The Independent Regulator has significant powers under the
Child and Youth Safe Organisations Act 2023 including (but not limited to) the power to infringe and the ability search premises to ensure all organisations are meeting their obligations under the Child and Youth Safe Organisations Framework.
What are the Child & Youth Safe Standards?
The Child and Youth Safe Standards (the Standards) are 10 principles that form one part of the Child and Youth Safe Organisations Framework. Organisations that are required to comply must:
Tasmania's Standards mirror the National Principles for Child Safe Organisations.
Organisations must also give effect to the Universal Principle for Aboriginal Cultural Safety. This means organisations must provide an environment that ensures the right to cultural safety of Aboriginal or Torres Strait Islander children and young people is respected.
The 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.
What is the Universal Principle? And how do I apply it?
The Universal Principle is a part of the Child and Youth Safe Organisations Framework. The Universal Principle states that organisations must provide an environment that ensures the right to Cultural Safety of Aboriginal or Torres Strait Islander children.
This means when organisations put each of the Child and Youth Safe Standards into practice, they must also give effect to the Universal Principle for Aboriginal Cultural Safety. The Universal Principle applies to all 10 Standards.
Cultural safety can be understood as an environment or relationship where:
Aboriginal and Torres Strait Islander children and young people feel safe to be themselves
their Aboriginality is respected
their sense of self and identity is nurtured and encouraged
Only Aboriginal and Torres Strait Islander people can determine whether an organisation is culturally safe.
To help organisations understand and embed the Universal Principle, the Independent Regulator, or the Deputy Regulator (yet to be appointed) is an Aboriginal or Torres Strait Islander person.
What is Reportable Conduct?
Reportable Conduct includes both criminal and non-criminal behaviour.
Types of Reportable Conduct:
Emotional/Psychological Harm - Harm that affects a child's wellbeing or development.
Neglect - Failure to meet a child's basic needs, including supervisory, physical, educational, and emotional neglect.
Physical Violence - Any form of physical force or threat thereof.
Sexual Offences/Misconduct - Includes a range of inappropriate behaviours, from verbal comments to physical contact, and more severe criminal acts.
Grooming - Establishing a relationship with a child to facilitate inappropriate conduct.
How do I report?
If there is an emergency where there is immediate risk of harm or a crime is happening now, contact Police on Triple Zero (000).
Where a crime may have been committed, contact police on 131 444 or report anonymously to Crime Stoppers on 1800 333 000.
For advice or for concerns about the safety or wellbeing of a child, contact the Advice and Referral Line (ARL) on 1800 000 123.
NRE Tas online reporting form
You can report using our online form:
If you don’t feel comfortable reporting within NRE Tas, you can report directly to the Independent Regulator.
I am concerned that I have witnessed behaviour that doesn’t feel safe but am not sure. What should I do?
Concerning behaviour could include physical violence, sexual misconduct, sexual offences, grooming against, or in the presence of, children and young people. If you are unsure and want to talk to someone, you can phone the Strong Families Safe Kids Advice and Referral Line on 1800 000 123 or you can contact the Office of the Independent Regulator directly.
Remember that it is better to report any concerns if you are unsure.
When making a report, can I remain anonymous?
When completing a Child and Youth Safety Report you can make the report anonymously, however we do ask you to enter a valid email address. Any information you provide will be shared with the person(s) assigned to investigate, and with the Office of the Independent Regulator for oversight.
You must provide enough detail for responding persons to adequately assess the concern and identify any persons of interest. Submitting an anonymous complaint can often limit the scope of investigation and response.
Any malicious or intentionally false reports will be responded to in accordance with the law.
If you don't feel comfortable reporting through NRE Tas, you can report the incident or concern directly to the Office of the Independent Regulator.
I don't work for NRE Tas, can I still make a report?
Absolutely. If your concern involves anyone from NRE Tas, you can submit a NRE Tas Child and Youth Safety Reporting Form, or contact the Office of the Independent Regulator directly.
Remember, the safety and wellbeing of the child / young person(s) at risk should always be your first priority.
If you, or someone you know is at risk of imminent harm, call 000 immediately.
If a crime has been committed, call the Police Assistance Line on 131 444.
If you are concerned for a child's welfare or need advice, call the Advice and Referral Line on 1800 000 123.
What is NRE Tas doing in regard to the Child and Youth Safe Organisations Framework?
Tasmanian Government agencies, including NRE Tas, are putting in place their own new and stronger measures to safeguard and protect all children:
This is alongside compliance with the Child and Youth Safe Organisations Framework.
To ensure NRE Tas complies with the Child and Youth Safe Organisations Framework:
a working group was established tasked with reviewing current policies and practices to determine if they need to be updated or if new ones needed to be added
a risk assessment has been undertaken
training and information provided to all NRE Tas workers.
information and policies related to the framework have been endorsed by the NRE Tas Executive and published on the NRE Tas website, including the addition of an online form for people to report any concerning actions of NRE Tas staff in relation to children and young people