What happens if organisations don't do the right thing under the Framework
The Independent Regulator of the Framework will support organisational capability building, but also has powers to penalise organisations and individuals who deliberately do the wrong thing.
Are there penalties for not complying with the Framework?
"If you're not doing your job, you're going to be liable."
- Victim-survivor of child sexual abuse in a Tasmanian institution.
The Framework is primarily about supporting and inspiring cultural change that means Tasmanian organisations are putting the safety and wellbeing of children and young people at the very top of their priority list.
This means above their own ‘normal’ way of doing things, or any perceived risk to their reputations.
That all said, it’s also true that for the Framework to be effective, it needs to have the power to penalise organisations and individuals who deliberately do the wrong thing.
This is part of changing culture on a larger scale.
If other organisations, community members, and children and young people themselves see wilful wrongdoing being called out, it sends a message that such behaviour isn’t acceptable in Tasmanian society.
What specific things can people and organisations be punished for?
Under the Framework, it is an offence if:
- a worker of an organisation or an organisation fails to comply with a notice to produce or notice to comply in relation to the Child and Youth Safe Standards;
- a worker of an organisation that must comply with the Reportable Conduct Scheme or an entity regulator fails to comply with a notice to produce or notice to investigate in relation to the Reportable Conduct Scheme;
- a person provides false or misleading information;
- a person uses information for an unauthorised purpose; and
- a person interferes with records or documents.
What method is used to punish people and organisations for not complying with the Framework?
Individuals and organisations can be punished for not complying with the Framework by way of a penalty.
The Independent Regulator has the power to issue a penalty notice directly for certain offences. These offences will be written into a set of rules that specify how the Framework will be put into practice, known as regulations.
The penalty for an individual who commits an offence under the Framework is a fine not exceeding 120 penalty units.
The penalty for an organisation who commits an offence under the Framework is a fine not exceeding 360 penalty units.
Penalty units change quite often. In 2023, one unit is about $180 in Tasmania.
If need be, the Independent Regulator can also refer offences to the Magistrates Court.
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