Child Safety and Wellbeing Policy frequently asked questions

The Child and Youth Safe Standards are 10 principles established by law under the Child and Youth Safe Organisations Act 2023 that:

• promote the safety and wellbeing of children and young people
• prevent abuse and harm to children and young people
• create a benchmark that organisations that engage with children and young people need to meet
• ensure organisations that engage with children and young people embed strategies in their day-to-day practice to realise these things.

The Standards are:

1. Child safety and wellbeing is embedded in organisational leadership, governance and culture
2. Children and young people are informed about their rights, participate in decisions affecting them and are taken seriously
3. Families and communities are informed and involved in promoting child safety and wellbeing
4. Equity is upheld and diverse needs respected in policy and practice
5. People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice
6. Processes to respond to complaints and concerns are child-focused
7. Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training
8. Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed
9. Implementation of the child and youth safe standards is regularly reviewed and improved
10. Policies and procedures document how the entity is safe for children and young people.
11. Read about each Standard and how you can put them into practice by reading the Department of Justice’s Interim compliance guidance which has been endorsed by the Office of the Independent Regulator.

In putting all 10 Child and Youth Safe Standards into practice, organisations must also give effect to the Universal Principle for Aboriginal Cultural Safety. The Universal Principle applies to all 10 Standards and means the right of Aboriginal and Torres Strait Islander children and young people to Cultural Safety must be respected. Read more about what Cultural Safety means by reading the interim compliance guidance and the Aboriginal Cultural Safety Short Guide which has also been endorsed by the Office of the Independent Regulator.

The Reportable Conduct Scheme is a legislated oversight scheme aimed at ensuring organisational responses to concerns of child abuse and harm, are appropriate and child-centred. The Scheme requires leaders of specific organisations (including all Government Departments) to report concerns about worker conduct towards children and young people to an Independent Regulator and investigate those concerns. The definition of reportable conduct under the Reportable Conduct Scheme is broader than suspected criminal behaviour alone. It includes conduct that occurs outside of the employee’s duties, such as conduct that occurs in the employee’s own home, or at a place unrelated to work.

Reportable Conduct includes:

• 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.

Employees of the Department must report concerns about reportable conduct to the Secretary.

Even if you are not sure if the concern is about reportable conduct under the Reportable Conduct Scheme, you should still report it. If you have other obligations (like reporting to the Strong Families, Safe Kids Advice and Referral Line because you are a prescribed person such as a psychologist), you must still comply with those reporting obligations as well.

If you are concerned about the immediate safety of any child or young person, you should contact Tasmania Police on 000 (Triple Zero) or the Strong Families, Safe Kids Advice and Referral Line on 1800 000 123.

If someone is concerned about a Department of Justice employee’s behaviour towards any child or young person (including the behaviour of a contractor or volunteer of the Department) they should report it.

To learn more and to report concerns about an employee’s behaviour, go to the Reporting Child Safety Concerns in Justice webpage.

If you are unsure whether you should report something, you should.

Some people may have other reporting obligations and responsibilities, some of these can be found on the Reporting Pathways A3 poster.

The Secretary of the Department is legally required to report concerns about reportable conduct involving Department employees, to the Office of the Independent Regulator within three business days.

The role of the Office of the Independent Regulator is to oversee how the Department responds to concerns about employee behaviour towards children and young people and ensures the response is child-centred.

Reporting a concern does not automatically mean a conclusion has been reached about whether the conduct occurred. Concerns about reportable conduct will be investigated before any outcome is reached.

If the person reporting indicates they are comfortable with being contacted to provide more information, the person investigating may get in contact.

Reporting a concern about someone’s behaviour involving a child or young person is always the right thing to do.

Information provided as part of a complaint can only be shared with certain people and only in certain circumstances, including for the safety and protection of children and young people.

Acts of reprisal against someone who makes a report will not be tolerated by the Department. Support for employees is available under the Wellbeing Support Program and the Employee Assistance Program.

The Child and Youth Safe Organisations Act 2023 contains protections for people who report concerns about reportable conduct in good faith.

Abuse and harm can often be difficult to recognise, particularly forms of less physically ‘visible’ abuse such as psychological abuse and grooming. Sometimes, a change in behaviour can indicate a child is being harmed.

The Office of the Independent Regulator’s website has information on what types of reportable conduct might look like and includes links to other useful resources that can help with identifying child abuse and harm.

The Safeguarding Projects team within the Department of Justice is available to assist employees and outputs and can share a wide range of evidence-based resources on responding to and recognising harm.

If you need customised advice on how to respond to a concern about a child or young person’s immediate safety, contact the Strong Families, Safe Kids Advice and Referral Line on 1800 000 123.

Responding to a disclosure of harm can be difficult, but there are resources that can help you know what to do. The Office of the Independent Regulator’s website has information on responding to a disclosure in a child-centred way. The National Office for Child Safety also has information on how to respond to a child sexual abuse disclosure.

The Safeguarding Projects team within the Department of Justice is available to assist employees and outputs and will share a wide range of evidence-based resources on responding to instances of harm.

The main things employees of the Department of Justice need to do under the Child Safety and Wellbeing Policy are:

• contact Tasmania Police on 000 (Triple Zero) or the Strong Families, Safe Kids Advice and Referral Line 1800 000 123 if they are worried about the immediate safety of any child or young person
• report a concern about an employee’s behaviour towards any child or young person
• be open to learning and understanding what makes children and young people feel safe (for example, participating in training workshops or modules and engaging with resources about child safety and wellbeing)
• know their obligations under related Policies.

All Tasmanian Government Departments are legally required to comply with the Child and Youth Safe Standards and the Reportable Conduct Scheme under the Child and Youth Safe Organisations Act 2023. The Reportable Conduct Scheme applies to the conduct of employees, volunteers and contractors towards children in their work and personal capacity. This means every employee needs to be vigilant to the signs of abuse and harm, even if they do not work with children and young people day to day. The safety of children and young people is everyone’s responsibility in the community. All employees (even those who do not work directly with children) are responsible for creating environments where children are safe, and child abuse and harm are prevented, identified and responded to appropriately.

Listening to children and young people and seeking their feedback about what makes them feel safe relates directly to Child and Youth Safe Standard 2 - Children and young people are informed about their rights, participate in decisions affecting them and are taken seriously. A safe environment will look different for every child and young person so it is important to provide ways for them to say if something needs to change. The Safeguarding Projects Team within the Department can help outputs develop ways to incorporate the ideas and opinions of children and young people in the Department’s work.