The Department of Justice's Child Safety and Wellbeing Policy 

• child safety and wellbeing is a priority for the Department’s decision-makers, who model visible and accountable leadership and reflect it in their processes
• child safety is embedded in strategic documents that guide the Department’s work
• the Department embraces its leading role in modelling evidence-based child safety practices
• the Department proactively creates opportunities for staff at all levels to lead activity around child safety and wellbeing.

This Principle reflects Child and Youth Safe Standard 1 – Child safety and wellbeing is embedded in organisational leadership, governance and culture.

• the Department will coordinate training and provide information to employees on enacting legal and Departmental obligations and recognising and responding to instances of harm to children and young people
• the Department will document its ongoing progress against its Child Safety Action Plan
• thorough and accurate records relating to child safety concerns will be documented and managed in accordance with the Department’s Records Management Policies
• the Department will model compliance with the Child and Youth Safe Organisations Act 2023
• the Department will be transparent in its approach to child safety and will provide opportunities for the community to provide feedback on its approach
• the Department enacts its obligations under the Registration to Work with Vulnerable People Act 2013 and the Employees Working With Vulnerable People Policy.

This Principle reflects:

• Child and Youth Safe Standard 3 - Families and communities are informed and involved in promoting child safety and wellbeing
• Child and Youth Safe Standard 5 - People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.

• the Department will challenge racism, sexism or discrimination whenever they occur
• employees will be supported to recognise the increased risk of abuse for children with vulnerabilities
• the Department acts in accordance with its People, Culture and Inclusion Disability Action Plan
• accessible material about the Department's approach to child safety and wellbeing will be made publicly available.

This principle reflects Child and Youth Safe Standard 4 – Equity is upheld and diverse needs respected in policy and practice.

• the Department will listen to children and young people to learn about what makes them feel safe and act on their ideas
• instances of abuse, harm, racism and discrimination will never be tolerated and will be addressed whenever they occur
• employees will be supported through training, resources and the Child Safety and Wellbeing Procedures to understand and recognise signs of child abuse and harm, and know how to report them and respond to them
• children and young people’s needs will always be prioritised when responding to a concern of child abuse or harm
• concerns of abuse and harm will always be taken seriously by the Department and acted on.

This Principle reflects Child and Youth Safe Standard 2 – Children and young people are informed about their rights, participate in decisions affecting them and are taken seriously.

• the Department recognises keeping children safe as an ongoing obligation and a process of listening, learning and understanding
• the Department’s child safety and wellbeing practices and approaches will evolve over time to remain relevant and current
• the Department’s Policies will be reviewed and updated regularly, including in response to any child safety concerns or identification of risk
• the Department will listen to children and young people and their ideas will inform improvement to its practices.

This principle reflects Child and Youth Safe Standard 9 - Implementation of the child and youth safe standards is regularly reviewed and improved.

• the Department will prioritise child safety and wellbeing in its recruitment practices
• training on child safety obligations will be made available to all employees
• the Department will create environments where children and young people can express their interests and celebrate their culture and religion if they choose to
• the Department will actively anticipate risks to child safety and take action to prevent harm occurring
• employees share the responsibility for the safety of children and young people, even if they do not work directly with them.

This Principle reflects:

• Child and Youth Safe Standard 5 - People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice
• Child and Youth Safe Standard 7 - Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training
• Child and Youth Safe Standard 8 - Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.

• keeping children and young people safe is recognised by the Department as an active choice that is made every day on an organisational and individual level
• the Department understands children and young people have different needs and will support them to know their rights in ways they understand
• the Department will support and encourage Aboriginal children to raise complaints and concerns related to their safety
• employees will be expected to treat all children and young people with respect and empathy.

This principle reflects The Universal Principle for Aboriginal Cultural Safety and Child and Youth Safe Standard 6 - Processes to respond to complaints and concerns are child-focused.

All employees are responsible for:

• contacting Tasmania Police on 000 if they are concerned for the immediate safety of any child or young person and/or if it is an abuse matter, contacting the Strong Families, Safe Kids Advice and Referral Line on 1800 000 123
• reporting concerns about another employee’s conduct towards a child or young person, to the Secretary (whether this conduct occurred at work or somewhere else)
• employees who are ‘prescribed persons’ (often referred to as ‘mandatory reporters’) under section 14 of the Children, Young Persons and Their Families Act 1997 have a legal obligation to report to the Strong Families, Safe Kids Advice and Referral Line, if they have knowledge or suspicion of child abuse. Examples of employees who are ‘prescribed persons’ within the Department, are psychologists and probation officers
• complying with the State Service Code of Conduct under the State Service Act 2000
• complying with all child safety-related policies and procedures including the Child Safety and Wellbeing Procedures
• fostering a culture of reporting within their Output by engaging in training and education materials about conduct that must be reported
• adopting a zero-tolerance approach to discrimination and actively challenging instances of discrimination whenever they occur.

Output managers are responsible for:

• contacting Tasmania Police on 000 if they are concerned for the immediate safety of any child or young person and/or if it is an abuse matter, contacting the Strong Families, Safe Kids Advice and Referral Line on 1800 000 123
• reporting concerns about another employee’s conduct towards a child or young person, to the Secretary (whether this conduct occurred at work or somewhere else)
• ensuring employees within their Output are aware of key obligations under this Policy
• modelling compliance with the Child and Youth Safe Standards and the Universal Principle for Aboriginal Cultural Safety
• complying with all child safety-related policies and procedures including the Child Safety and Wellbeing Procedures
• fostering a culture of reporting within their Output by supporting employees to know their reporting obligations
• escalating requests for specific training, resources and guidance in relation to child safety policy, procedures and legislation
• including relevant child safety requirements in procurement materials including Statements of Duty
• providing support services for employees who are involved in a reportable conduct investigation
• complying with the State Service Code of Conduct under the State Service Act 2000
• adopting a zero-tolerance approach to discrimination and actively challenging instances of discrimination whenever they occur.

Director, Human Resources is responsible for:

• contacting Tasmania Police on 000 if they are concerned for the immediate safety of any child or young person and/or if it is an abuse matter, contacting the Strong Families, Safe Kids Advice and Referral Line on 1800 000 123
• reporting concerns about another employee’s conduct towards a child or young person, to the Secretary (whether this conduct occurred at work or somewhere else)
• ensuring reportable conduct investigations are conducted with procedural fairness and respect for participants involved, and ensuring staff receive suitable support to conduct investigations
• ensuring information and documentation relating to child safety concerns and employee screening materials are documented thoroughly and managed in accordance with the Personal Information Protection Act 2004 and associated legislation and policies
• actioning any disciplinary action in response to a finding of reportable conduct, or breach of policy
• supporting Output Managers to include child safety requirements in procurement materials including Statements of Duty
• providing support services for employees who are involved in a reportable conduct investigation
• complying with the State Service Code of Conduct under the State Service Act 2000
• modelling compliance with all child safety-related policies and procedures including the Child Safety and Wellbeing Procedures
• fostering a culture of reporting within the Department by ensuring concerns about inappropriate behaviour by employees are investigated
• adopting a zero-tolerance approach to discrimination and actively challenging instances of discrimination whenever they occur.

Agency Executive is responsible for:

• contacting Tasmania Police on 000 if they are concerned for the immediate safety of any child or young person and/or if it is an abuse matter, contacting the Strong Families, Safe Kids Advice and Referral Line on 1800 000 123
• reporting concerns about another employee’s conduct towards a child or young person, to the Secretary (whether this conduct occurred at work or somewhere else)
• endorsing Department-wide child safety policies, procedures and training
• modelling compliance with the Child and Youth Safe Standards and the Universal Principle for Aboriginal Cultural Safety
• modelling compliance with all child safety-related policies and procedures including the Child Safety and Wellbeing Procedures
• fostering a culture of reporting within the Department by endorsing policies, training and education on recognising behaviour that needs to be reported, including reportable conduct
• complying with the State Service Code of Conduct under the State Service Act 2000
• adopting a zero-tolerance approach to discrimination and actively challenging instances of discrimination whenever they occur.

In addition to these responsibilities (other than the responsibility to report to the Secretary), the Secretary is responsible for:

• reporting concerns of reportable conduct by employees in the Department to the Office of the Independent Regulator and investigating (or appointing someone to investigate) those concerns in accordance with the Child and Youth Safe Organisations Act 2023 and the Child and Youth Safe Organisations Regulations 2023
• facilitating the appropriate sharing of relevant child safety information under the Child and Youth Safe Organisations Act 2023
• ensuring Human Resources receive suitable support to respond to and investigate complaints under the Reportable Conduct Scheme
• authorising disciplinary action in response to a finding of reportable conduct, or breach of policy, where appropriate.

Ten standards designed to promote safety and wellbeing, uphold children and young people’s rights, and prevent harm.

A ‘concern’ as it relates to reportable conduct, refers to a reasonable suspicion (by anyone) that reportable conduct has occurred. All reportable concerns must be reported to the Independent Regulator by the leader of the organisation (or their delegate). If the person raising the reportable concern reasonably suspects the conduct to have occurred, this is enough for it to be reported.

A ‘reasonable suspicion’ is a suspicion based on facts that would lead a reasonable person to think that reportable conduct may have occurred. Some examples of when a reasonable suspicion might be formed include, but are not limited to:

• seeing the conduct
• hearing from a child that the conduct occurred
• hearing from another source that the conduct occurred.

Remember, if you are unsure, you should always report. In the context of this Policy, employees who become aware of a concern of reportable conduct (either directly or secondarily) are required to report it.

Cultural safety can be understood as an environment or relationship where:

• Aboriginal and Torres Strait Islander children and young people feel safe to be themselves
• their Aboriginality is respected
• their sense of self and identity is nurtured and encouraged.

Harm means damage to the health, safety or wellbeing of a child, including as a result of child abuse by adults or the conduct of other children or young people. It includes physical, emotional, sexual and psychological harm and neglect.

Reportable conduct under the Reportable Conduct Scheme is defined in section 7 of the Child and Youth Safe Organisations Act 2023.

Summarised, reportable conduct includes:

• a sexual 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
• conduct that causes, or is likely to cause, significant emotional or psychological harm to a child
• significant neglect of a child
• Failing to report the abuse of a child
• Female genital mutilation (when conducted against, with, or in the presence of a child)
• Offences prescribed by the Child and Youth Safe Organisations Regulations 2023
• Reportable conduct also includes inciting, assisting with, and attempting to commit some of the offences outlined above.

The potential for harm occurring to any child or young person.