Child Safety and Wellbeing Procedures

Once a concern about an employee’s behaviour towards a child or young person is reported, the Secretary has a legal obligation under the Child and Youth Safe Organisations Act 2023 to report the concern to the Office of the Independent Regulator within three business days and investigate the concern (or assign someone to investigate).

Conduct that is legally required to be reported to the Office of the Independent Regulator is referred to as 'reportable conduct' and includes a wide range of behaviours. More information about types of reportable conduct under the Reportable Conduct Scheme is below.

Although the Secretary has a legal obligation to report to the Office of the Independent Regulator (who will provide oversight of how the Department responds to the concern), anyone can report a concern directly to the Independent Regulator. If you make a report to the Office of the Independent Regulator, that Office may need to share information with other authorities such as the Police, or, may need to notify the Secretary so the Department can respond to the concern.

Reporting a child safety concern does not mean a conclusion has been reached about whether the conduct occurred.

You can ask to be kept informed of action taken to respond to a concern, where possible.

“I know an adult is taking me seriously when they take the time to listen and respect me.”

-A young Tasmanian who responded to a Department of Justice survey.

Anyone who reports a child safety concern about a Department employee can expect the following:

• the Department will listen to the concern and take it seriously
• where the concern relates to reportable conduct under the Reportable Conduct Scheme it will be reported to the Office of the Independent Regulator by the Secretary
• the report will be treated confidentially where possible and information will only be shared with other bodies in accordance with legislative requirements
• efforts will be made to provide updates on the concern, where permitted and where the person reporting has indicated they wish to be kept informed
• concerns about reportable conduct will be investigated in a way that is child-centred and applying the principle of procedural fairness to all involved
• acts of reprisal against anyone who reports a child safety concern will not be tolerated by the Department.

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

What you can expect if a report is made about you

If you are an employee and a report is made about your conduct, you can expect the following:

• an investigation will be conducted with procedural fairness
  you will be notified of the allegation(s) against you as soon as practicable
• you will be given the opportunity to respond to the allegation
• any investigation will be conducted as efficiently as practicable
• any findings of reportable conduct will be based on evidence alone.

Support services for employees are listed at the end of this document.

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

Any inappropriate behaviour by an employee towards children or young people, must be reported whether the behaviour occurred at work or somewhere else.

If something does not feel right or has caused you or someone else to feel concerned or uncomfortable, you should always report it.

Conduct that needs to be reported to the Office of the Independent Regulatorby the Secretary (referred to as ‘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.

Read more about the types of reportable conduct under the Reportable Conduct Scheme.

Reportable conduct is outlined in more detail in section 7 of the Child and Youth Safe Organisations Act 2023.

If you are unsure whether an employee’s behaviour fits one of these categories, but has caused you or someone else concern, you should still report it.

The Reportable Conduct Scheme is an oversight scheme designed to ensure organisations properly respond to concerns about inappropriate behaviour by adult employees towards children and young people.

It requires leaders of organisations to report concerns about employee behaviour towards children and young people, to the Office of the Independent Regulator and investigate or look into those concerns in a way that prioritises children and young people involved.

The Office of the Independent Regulator is updated on the progress of investigations and is provided with investigation findings and evidence relied on once the investigation is complete.

In the Department, the Secretary is legally responsible for reporting to the Office of the Independent Regulator.

Employees of the Department are responsible (under the Department’s Child Safety and Wellbeing Policy), for reporting concerns about the behaviour of other employees towards children and young people, to the Secretary.

Behaviour that needs to be reported to the Office of the Independent Regulator includes more than just criminal behaviour and includes behaviour that occurs outside an employee’s workplace.

You might become aware of a concern about inappropriate behaviour by an employee through something you have seen yourself, or have heard from someone else, including from a child or young person.

You do not need to provide your name or contact details when you report if you do not wish to do so. You just need to provide as much detail as possible about the behaviour you are reporting.

Where there is an immediate concern for the safety of a child or young person, call 000 (Triple Zero). If you suspect a child or young person has been, or is at risk of being abused or neglected, contact the Strong Families, Safe Kids Advice and Referral Line on 1800 000 123. For non-emergencies contact Tasmania Police on 131 444.

For support relating to sexual violence contact Arch on 1800 697 877. Arch is located in Launceston and Hobart and provides access to non-uniform Tasmania Police special investigators and support services such as counsellors, family violence workers, child safety and wellbeing workers and child safety officers.

The Strong Families, Safe Kids Advice and Referral Line can be contacted by:

• calling 1800 000 123
• using the online contact form.

The Strong Families, Safe Kids Advice and Referral Line manages referrals, answers questions and provides advice where there is a concern about the safety and wellbeing of a child in the community or in their home. They can provide advice and support on next steps if someone is concerned about the safety of any child or young person.

Although anyone can and should seek advice from the Strong Families, Safe Kids Advice and Referral Line, specific employees who are prescribed persons under section 14 of the Children, Young Persons and Their Families Act 1997 are required to report suspected child abuse in the course of their work (examples in the Department include psychologists and probation officers).

In summary, if prescribed persons, in the course of their work, believe or suspect on reasonable grounds:

• that a child is being abused, neglected or whose safety, psychological wellbeing or interests are affected or likely to be affected by family violence
• there is a reasonable likelihood of a child being killed, abused or neglected by someone they live with, or
• an unborn child is likely to be killed, abused or neglected, or requires medical treatment before they are born (as a result of the behaviour of the mother or someone they live with) they must contact the Strong Families, Safe Kids Advice and Referral Line as soon as practicable.

For further information on what must be reported if you are a prescribed person, read the Children, Young Persons and Their Families Act 1997.

If you think you may need to make a report as a prescribed person but are not sure, contact the Strong Families, Safe Kids Advice and Referral Line.

If you are seeking broad clarification of who, within the Department, is a prescribed person under the Children, Young Persons and Their Families Act 1997, contact Safeguarding Projects via cysof@justice.tas.gov.au.

The Department has reporting responsibilities under the Registration to Work With Vulnerable People Act 2013. Obligations for employees, output managers, Human Resources and executive staff related to Registrations to Work With Vulnerable People are supported by the Employees Working With Vulnerable People Policy and the Employees Working with Vulnerable People Guidelines.