Key terms for the Child and Youth Safe Organisations Framework
This page lists key terms that apply to the Child and Youth Safe Organisations Framework and provides an explanation of each of them.
Key legal definitions that are relevant to the Framework are cited in the Child and Youth Safe Organisations Act 2023.
Entity
An entity refers to organisations that must comply with the Child and Youth Safe Standards.
An entity means a relevant body who is:
- Specified in Schedule 2 or 3 of the Child and Youth Safe Organisations Bill 2022; and
- Provides services specifically for children or
- Provides facilities specifically for use by children who are under the supervision of the entity.
A relevant body means the Crown, an individual who carries on a business, an incorporated or unincorporated body (however structured).
If only parts of an organisation provides services or facilitates for children, the whole of the organisation must comply with the Child and Youth Safe Standards.
Entity regulator
An entity regulator is an existing body that is responsible for regulating or funding an organisation or workers within an organisation.
Once the Independent Regulator is established, the Independent Regulator will determine who is an entity regulator and publish a list on its website.
Grooming
Grooming means befriending and establishing an emotional connection with a child (and/or the child’s guardian, family or friend or a worker) for the purpose of establishing trust to normalise sexually harmful behaviour or engage in an unlawful act, sexual offence or sexual misconduct against a child.
Grooming occurs in a pattern of manipulative or controlling behaviours. These behaviours can take place in a range of settings.
Examples of grooming behaviour include:
- isolating a child from their peers to spend time alone
- befriending a child in person and continuing to communicate with the child online
- giving gifts, money or alcohol to a child, parent or friend to gain access to a child
- inappropriate touching of a child, including tickling and play fighting
- asking a child not to tell anyone about their behaviour.
For the purpose of:
- establishing trust to normalise sexually harmful behaviour or engage in an unlawful act, sexual offence or sexual misconduct against a child.
Grooming behaviour can also be a sexual offence under section 125D of the Criminal Code Act 1924.
If you are unsure if an allegation of grooming behaviour is a sexual offence, you should contact Tasmania Police.
Head of an entity
A head of an entity is a person who is primarily responsible for the decision making of the organisation.
Head of an entity means:
- in a Government Agency, the Head of Agency or their delegate; or
- the CEO of the organisation (however titled or described); or
- the principal officer of the organisation (however titled or described); or
- a person, or the holder of a position in the organisation who is nominated by the organisation as its head and approved by the Independent Regulator.
Physical violence
Physical violence means
- actual physical violence: the intentional or reckless application of physical force to a person without lawful justification or excuse; or
- apprehended physical violence: any act which intentionally or recklessly causes a person to apprehend immediate and unlawful violence to the person.
Examples of actual physical violence include hitting, punching, pushing, kicking and spitting.
Examples of apprehending physical violence include words or actions which indicate that physical violence will occur to the child in the future.
Reportable allegation
Reportable allegation means information that leads a person to form a reasonable suspicion that a worker of an entity has committed reportable conduct. Reportable conduct means:
- A relevant offence committed against with or in the presence of a child
- Sexual misconduct committed against with or in the presence of a child
- Physical violence against a child
- Grooming of a child
- Behaviour that causes significant emotional or psychological harm
- Significant neglect.
If there is a reportable allegation about a worker that relates to their conduct outside of the workplace, this must also be reported to the Independent Regulator or head of an organisation and investigated by the organisation.
Reportable conviction
Reportable conviction means a conviction for an offence that involves reportable conduct:
- A sexual offence under the Criminal Code Act 1924;
- Failing to report the abuse of a child;
- Female genital mutilation;
- Inciting to commit crimes;
- Attempts to commit crimes;
- Accessories after the fact.
- Offences relating to physical violence, neglect and emotional or psychological harm.
Reportable convictions include historical convictions.
Reasonable suspicion
A reasonable suspicion is a thought or an idea by a reasonable person on the basis of incomplete information. That is, “I suspect but I cannot prove”. A suspicion is a positive feeling of actual apprehension or mistrust, which amount to ‘a slight opinion, but without sufficient evidence’.
For example, a person is likely to have a reasonable suspicion if they:
- Observed the conduct themselves;
- Heard from a child that conduct occurred;
- Heard a rumour that conduct occurred;
- Observed something that seemed off or outside acceptable standards of behaviour;
- Received information from another source that they were concerned that conduct may have occurred.
When a reasonable suspicion is formed, anyone can report the suspicion to the Independent Regulator or head of an organisation. The person doesn’t need to conduct a mini-investigation to try to assess the truth or accuracy of the information any further, to form a basis for reporting.
Relevant entity
A relevant entity refers to organisations that must comply with the Reportable Conduct Scheme.
A relevant entity means an entity, or a member of a class of entities:
- Specified in Schedule 3; and
- Provides services specifically for children or
- Provides facilities specifically for use by children who are under the supervision of the entity.
If only parts of an organisation provides services or facilitates for children, the whole of the organisation must comply with the Reportable Conduct Scheme.
Relevant offence
The definition of reportable conduct included in the Framework includes ‘a relevant offence’ because there are other types of conduct that need to be reported, but don’t easily fit into the other categories.
The definition of reportable conduct includes ‘a relevant offence’ because there are other types of conduct that need to be reported, but don’t easily fit into the other categories.
Under the Reportable Conduct Scheme, a relevant offence is:
- a sexual offence under the Criminal Code Act 1924
- failing to report the abuse of a child
- female genital mutilation
- inciting to commit a relevant offence(s)
- attempts to commit a relevant offence(s)
- accessories after the fact to a relevant offence(s).
Sexual misconduct
When performed in a sexual manner or with a sexual intention, sexual misconduct includes
- inappropriate behaviour
- physical contact
- voyeurism (which means watching someone or others)
- speech or other communication, including electronic communication.
Sexual misconduct is conduct that doesn’t meet the acceptable standard of behaviour by a worker or volunteer and is committed in a sexual manner or with sexual intention.
Sexual misconduct may occur in a variety of settings, including in person communication and online communication.
Examples of sexual misconduct include inappropriate comments to a child about an area of their body in a sexual manner and inappropriate touching of a child.
Another example would be intentionally showing a sexually explicit movie to a child for sexual gratification.
Significant emotional or psychological harm
Emotional or psychological harm means harm to a child’s:
- wellbeing
- development
- or both.
Significant means the harm is more than trivial. It is also important to know that something doesn’t have to have a permanent impact or effect to be considered significant.
Examples of significant emotional or psychological harm include:
- direct and indirect exposure to domestic and family violence
- verbal abuse, such as telling a child they are worthless
- humiliating a child in front of their peers.
Significant neglect
Neglect of a child means the deliberate or reckless failure to meet one or more of that child’s basic needs.
Significant means the neglect is more than trivial. It is also important to know that something doesn’t have to have a permanent impact or effect to be considered significant.
There are several types of neglectful behaviour.
These include:
- supervisory neglect: for example, leaving a child in a hot car in summer
- physical neglect: a child being extremely dirty and suffering a skin condition as a result of poor hygiene
- educational neglect: preventing a child from attending school for no valid reason
- emotional neglect: rejecting a child from a family, home, school or other situation for no valid reason.
Worker
A worker is a person who is 18 years and above who is:
- employed by an organisation, whether or not the person is employed in connection with any work or activities of the organisation that relate to children;
- engaged by the organisation to provide services, including as a volunteer, contractor, subcontractor, consultant, director, member of a management committee, office holder, alderman, councillor, MP, student or trainee, and/or minister of religion or religious leaders.
The Reportable Conduct Scheme covers all workers in an organisation – not only those that directly work or volunteer with children.
Seeking help?
We encourage anyone affected by, or with concerns about, child sexual abuse or other types of child abuse to access advice and support.
National:
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For domestic, family, and sexual violence counselling and support, contact
1800RESPECT:- Phone: 1800 737 732
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For short-term support if you are feeling overwhelmed or having difficulty coping or staying safe, contact Lifeline:
- Phone: 13 11 14
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For free professional phone and online counselling for anyone affected by suicide living in Australia, contact Suicide Call Back Service:
- Phone: 1300 659 467
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For information and support for anxiety, depression and suicide prevention for everyone in Australia, contact Beyond Blue:
- Phone: 1300 224 636
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For information and support for anyone who is affected by complex trauma, contact
Blue Knot Foundation:- Phone: 1300 657 380
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For counselling and support for Australian men, contact MensLine Australia:
- Phone: 1300 789 978
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For advice for men about family violence, contact Men's Referral Service:
- Phone: 1300 766 491
- Phone: 1800 55 1800
Tasmania:
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For information about child wellbeing and safety, contact
Strong Families, Safe Kids Advice and Referral Line:- Phone: 1800 000 123
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For free and confidential support for people who have been affected by sexual violence, contact the Tasmanian Sexual Assault Support Line (24 hour response state-wide):
- Phone: 1800 697 877
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For information and support for children, young people and adults affected by family violence, contact
Family Violence Counselling and Support Service:- Phone: 1800 608 122
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For free and confidential support for people impacted by crime, contact
Victims of Crime Service:- Phone: 1300 300 238
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For support for relationships and to live positive lives, contact
Relationships Australia Tasmania:- Phone: 1300 364 277