The Independent Regulator

The Independent Regulator has oversight of the Child and Youth Safe Organisations Framework.

Why is the Child and Youth Safe Organisations Framework overseen by an independent body?

"The Independent Regulator is there to empower organisations and individuals that work within those organisations.”

- Person with lived experience of child sexual abuse in a Tasmanian institution.

At the heart of the Framework is the principle of independent oversight.

We use the term independent oversight to describe a situation where someone who isn’t part of an organisation is watching over the choices and actions of people who are part of the organisation.

Independent oversight of the Framework is vitally important because keeping things ‘behind closed doors’ within an organisation can put children and young people at increased risk of harm.

Having someone or something from outside an organisation, looking in, provides for oversight and creates an environment of accountability.

This is why the Framework is overseen by an Independent Regulator.

Key things to know about the Independent Regulator include:

  • The Independent Regulator will have a major role in building the capability of organisations to prevent, identify, and respond to harm to children and young people in a child-centred way.
  • As the name suggests, the Independent Regulator is independent from the government and reports to parliament rather than a Minister.
  • The name 'Independent Regulator' is descriptive: the job title of the person who fulfils this role may be something different.
What are the key things I need to know about the Independent Regulator?

The Independent Regulator:

  • is an impartial officer who is independent from the Tasmanian Government and reports to parliament rather than a Minister.
  • will assist organisations to comply with the Child and Youth Safe Standards including the Universal Principle and monitor ongoing compliance.
  • will assist organisations to implement the Reportable Conduct Scheme and oversee investigations.
  • has a strong suite of enforcement powers to ensure all organisations are meeting their obligations under the Child and Youth Safe Organisations Framework
  • can share information to promote and protect the safety and wellbeing of children and young people
  • will collect and report on trends in relation to child and youth safe organisations
  • may be supported by a Deputy Regulator who has the power to step in if required.
What powers does the Independent Regulator have?

The Independent Regulator has a range of powers that it can use if need be.

Powers under the Child and Youth Safe Standards

Under the Child and Youth Safe Standards, the Independent Regulator will have the power to:

  • issue a notice to produce information or documents within certain timeframes to determine compliance
  • issue a notice to comply when the Independent Regulator believes on reasonable grounds that the organisation is not complying with the Child and Youth Safe Standards and/or Universal Principle
  • issue infringement notices to organisations or individuals for non-compliance offences
  • share information with anyone to protect and promote the safety and wellbeing of children

Powers under the Reportable Conduct Scheme

Under the Reportable Conduct Scheme, the Independent Regulator will have the power to:

  • monitor an organisation’s investigation into reportable conduct
  • in exceptional circumstances, conduct an own motion investigation in relation to reportable conduct or the handling of an investigation by an organisation or entity regulator
  • enter premises without consent for the purpose of conducting an own motion investigation
  • interview a person, worker or a child for the purpose of conducting an own motion investigation.
  • issue a notice to produce information or documents within certain timeframes to monitor an organisation’s investigation into reportable conduct or for the purpose of an own motion investigation.
  • issue a notice to investigate to an entity regulator in certain circumstances.
  • share reportable conduct information with organisations, Tasmanian and interstate police bodies, the Registrar of the Working with Vulnerable People Act and other regulators.

Test your understanding of the Independent Regulator

Learn more about the Independent Regulator by taking this true or false quiz:

1. The Independent Regulator's major focus will be education and capacity building to support organisations to comply with the Child and Youth Safe Organisations Framework.

True

Well done, you chose the correct answer.

The Independent Regulator is there to educate and provide advice to ensure that your organisation promotes child safety, child abuse is prevented and allegations of abuse are properly responded to.

False

In fact, the statement is true.

The Independent Regulator is there to educate and provide advice to ensure that your organisation promotes child safety, child abuse is prevented and allegations of abuse are properly responded to.

2. The Independent Regulator won’t have the power to do anything if organisations refuse to comply with the Child and Youth Safe Organisations Framework.

True

In fact, the statement is false.

The Independent Regulator has the power to hand out significant penalties but won’t do so unless it really needs to.

It’s really important that the Independent Regulator can take steps to significantly punish organisations or individuals who wilfully do the wrong thing.

That’s why the law establishing the Framework gives the Independent Regulator the power to issue severe penalties — which means, broadly speaking, monetary fines — if necessary.

False

Well done, you chose the correct answer.

The Independent Regulator has the power to hand out significant penalties but won’t do so unless it really needs to.

3. The Independent Regulator will investigate all allegations of reportable conduct itself.

True

In fact, the statement is false.

The Independent Regulator is there to support organisations to do the work they need to do to be child safe organisation, not do the work for them.

The Independent Regulator is a source of guidance and advice.

While it does have the power to take on a Reportable Conduct Scheme investigation itself if it is in the public interest to do so, this will be the exception, not the rule.

False

Well done, you chose the correct answer.

The Independent Regulator is there to support organisations to do the work they need to do to be child safe organisation, not do the work for them.

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:

  • For domestic, family, and sexual violence counselling and support, contact
    1800RESPECT:
    • Phone: 1800 737 732
  • For short-term support if you are feeling overwhelmed or having difficulty coping or staying safe, contact Lifeline:
    • Phone: 13 11 14
  • For free professional phone and online counselling for anyone affected by suicide living in Australia, contact Suicide Call Back Service:
    • Phone: 1300 659 467
  • For information and support for anxiety, depression and suicide prevention for everyone in Australia, contact Beyond Blue:
    • Phone: 1300 224 636
  • For information and support for anyone who is affected by complex trauma, contact
    Blue Knot Foundation:
    • Phone: 1300 657 380
  • For counselling and support for Australian men, contact MensLine Australia:
    • Phone: 1300 789 978
  • For advice for men about family violence, contact Men's Referral Service:
    • Phone: 1300 766 491
    For free 24/7, confidential and private counselling service specifically for children and young people aged 5 to 25 years, contact Kids Helpline:
    • Phone: 1800 55 1800

Tasmania:

  • For information about child wellbeing and safety, contact
    Strong Families, Safe Kids Advice and Referral Line:
    • Phone: 1800 000 123
  • 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
    This line is run by the Sexual Assault Support Service in the South, and Laurel House in the North West.
  • 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
  • For free and confidential support for people impacted by crime, contact
    Victims of Crime Service:
    • Phone: 1300 300 238
  • For support for relationships and to live positive lives, contact
    Relationships Australia Tasmania:
    • Phone: 1300 364 277
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Last updated: 14 June 2023