Who must comply with the Child and Youth Safe Organisations Framework

Accommodation and residential services for children must comply if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

Some examples of accommodation and residential services for children includes:

• emergency accommodation (including shelters)
• placement and transitional support services for children experiencing homelessness
• overnight facilities for school camps
• other child group camps (such as Scouts or Guides camps).

This might look like an organisation that provides crisis and transitional support for families who are experiencing homelessness, or an organisation that offers cabins for school camps.

This is unlikely to look like an organisation that provides goods to homeless services for distribution to people experiencing homelessness, or a hotel that provides holiday accommodation bookings to families.

Activities or services carried out as part of a particular religion or faith, through which adults have contact with children must comply if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

Some examples of faith-based organisations include:

• community organisations that are based in religion, such as Mission Australia or St Vincent de Paul Society
• organisations offering religious ceremonies and celebrations religious services
• religious children and youth groups

This might look like a faith-based organisation that runs support programs for families, or a faith-based organisation that provides a community access multi-purpose room which children can attend and are supervised by the organisation during attendance.

This is unlikely to look like a faith-based organisation that only provides support services to males over the age of 50, or a faith-based organisation that provides a community access multi-purpose room which requires guardians of children to have strict supervision of children during attendance.

What does ‘religious community service’ mean in this context?

A religious community service means an organisation that is based in religion but that provides only practical or support services.

What does ‘religious organisation’ mean in this context?

A religious organisation (otherwise referred to as a ‘religious entity’) means an organisation which conducts religious services to congregations or carries out religious work but does not include a religious community service.

Childcare and commercial babysitting services must comply if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

Some examples of childcare and commercial babysitting services include:

• childcare centres
• family day care centres
• individuals who are paid to carry on business as a babysitter, nanny or au pair
• in Home Child Care

This might look like a childcare facility, or a gym that offers child-minding for its members who are using the organisation’s gym.

This is unlikely to look like an organisation that provides a hall for use by public groups, including use by commercial childcare centres. This is unlikely to look like a friend or family member babysitting children.

Child protection services and out-of-home care, including Children’s Contact Services must comply if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

Some examples of child protection and out-of-home care services include:

• a Community-Based Intake Service
• an organisation that provides services or facilities for the care of children under the Children, Young Persons and Their Families Act 1997, for example residential care, sibling group care, therapeutic services offered to a child or young person that is the subject of a care and protection order or supervision order.
• an organisation that provides an adoption service before the child is adopted
• an organisation that provides Children’s Contact Services

This might look like an organisation operating the mandatory reporting Advice and Referral Line, or an organisation that provides a space for families to have contact with children under the supervision and monitoring of the organisation's staff.

This is unlikely to look like an organisation that provides support services specifically for parents of children who have been put into out-of-home care. This is unlikely to look like a space for children in out-of-home care to connect with other children in out-of-home care in the presence of their guardians.

Coaching and tuition services for children (including sole traders) must comply if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

Some examples of coaching and tuition services services include:

• academic tutors
• dance schools
• music tutors
• sport coaches that work with children and young people.

This might look like a local soccer club that has members under the age of 18, or an organisation that offers musical instrument hire for use by children during a tutoring session with that organisation.

This is unlikely to look like a soccer club whose membership is entirely adults over the age of 18, but whose members sometimes bring their children along to the members’ training sessions. This is unlikely to look like an organisation that loans musical instruments to children for use elsewhere such at home or at school.

Commercial services for children, such as party or photography services must comply if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

Some examples of commercial services for children include:

• entertainment or party services
• gym or play facilities
• photography services
• talent or beauty competitions.

This might look like a photography company taking the annual photographs of students at a school, or an organisation that operates a bowling alley providing a hosted party service to children.

This is unlikely to look like a photography company taking photos of people at a public event like Agfest, where children happen to be in attendance. This would not look like an organisation that operates a bowling alley for use by families.

Compliance start date: 1 July 2024

Your requirement to comply with the Child and Youth Safe Organisations Framework will depend on the degree to which children and young people are involved.

Under the law, clubs, associations, or cadet organisations that have a significant membership of, or an involvement by, children will have to comply with the Child and Youth Safe Standards and the Reportable Conduct Scheme.

Some examples of club, association or cadet organisations include:

• Army Cadets
• Girl Guides Australia
• Professional associations such as school associations
• Scouts Australia
• Sports clubs
• Youth Clubs.

This might look like a local youth soccer club, or a Scouts club where members meet in a Scouts hall and are under supervision of Scout staff.

This is unlikely to look like a soccer club whose membership is entirely adults over the age of 18, but whose members sometimes bring their children along to the members’ training sessions. This would not look like an organisation that rents out their public hall to the Scouts, by doesn't have any role in supervising those using it.

An organisation that provides disability support services must comply if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

Some examples of disability support services include:

• accommodation support services
• an early intervention service
• community visitor services
• counselling, support or advocacy services
• education or training services
• equipment services
• home care and family support services
• independent living training services
• information services and print disability services
• in-home community-based services
• intake and assessment services
• intermediary services
• recreation services
• respite care services
• therapy services
• transport services.

This might look like an organisation that offers group physiotherapy classes specifically for children with a disability. This might look like an organisation that provides access to assistive technology to children with additional needs/disabilities

This is unlikely to look like an organisation that offers group physiotherapy classes for people living with additional needs/disability that does not offer tailored support to children. This is unlikely to look like an organisation that provides loan of assistive technology to children with additional needs/disabilities.

Education services must comply if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

Some examples of education services include:

• early learning centres
• kindergartens
• primary schools (non-government and government)
• secondary schools (non-government and government)
• tuition services for children and young people
• a government centre, unit or institute that provides educational instruction at any level up to, and including, the final year of secondary education
• TasTAFE
• The University of Tasmania
• a group training organisation
• a host employer who trains trainees or apprentices
• a registered training organisation
• a registered higher education provider
• approved providers, or organisations that provide an approved service, under the Education and Care Services National Law (Tasmania).

This might look like a host business where apprentices under the age of 18 are placed for employment and training.

This is unlikely to look like an organisation that offers educational tours to school groups to tour their facility under the supervision of the school.

What does ‘group training organisation’ mean in this context?

A group training organisation means a person or organisation whose business includes employing trainees or apprentices, or both, under training contracts and placing those trainees or apprentices with host employers.

What does ‘host employer’ mean in this context?

A host employer means an employer that has a written agreement with a group training organisation to train trainees or apprentices, or both, that are employed by that group training organisation.

The host employer does this under a training contract entered by that group training organisation, regardless of whether that training takes place in Tasmania or elsewhere.

What does ‘registered training organisation’ mean in this context?

A registered training organisation means a training organisation listed on the National Register as a registered training organisation in Tasmania.

Government house must comply with both the Child and Youth Safe Standards and Reportable Conduct Scheme regardless of if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

This includes the Governor and their staff.

Compliance start date: 1 January 2024

It's very likely your organisation will have to comply with the Child and Youth Safe Organisations Framework, but exactly how will depend on what type of health service your organisation is.

Under the law, the following health services have a greater responsibility for children and young people. This means they will have to comply with the Child and Youth Safe Standards and the Reportable Conduct Scheme:

• a public hospital
• a private hospital
• an approved facility under the Mental Health Act 2013
• Ambulance Tasmania
• organisations that provide counselling services.

Other health services will have to comply with only the Child and Youth Safe Standards, this includes:

• a residential care service licensed under the Health Service Establishments Act 2006
• a day-procedure centre licensed under the Health Service Establishments Act 2006
• non-emergency patient transport services
• organisations that provide health programs or health services as defined by the Health Practitioner Regulation National Law (Tasmania), which includes:
  • child psychologists
  • speech pathologists
  • naturopaths
  • audiologists
  • community health services
  • health education services
  • masseurs
  • mental health services
  • naturopaths
  • pathology services
  • pharmaceutical services
  • rehabilitation services.

This type of organisation must comply if they provide services specifically for children and/or young people OR facilities specifically for use by children/and or young people who are under the supervision of the organisation.

This might look like a General Practice that treats children and young people. This might look like an organisation that offers aides for use by children during rehabilitation programs run by the organisation.

This is unlikely to look like a General Practitioner whose business is limited to offering treatment to older people living in aged care facilities. This is unlikely to look like an organisation that offers the hire of child-sized crutches.

Justice and detention services for children must comply if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

In this context, justice and detention services means:

• an organisation that provides a service specifically for or to a youth, for the purposes of the Youth Justice Act 1997
• a person admitted to practise law in Australia who provides representation or advice to children.

This might look like a lawyer who represents a child who is the subject of a family law dispute. This might look like an organisation that provides a youth justice court.

This is unlikely to look like a lawyer who visits a school to provide information to the class on how a court proceeding works. This is unlikely to look like an organisation that donates sports equipment for youth detained under the Youth Justice Act 1997.

By contrast, an Australian lawyer who provides representation or advice specifically to children would be likely to have to comply with the Child and Youth Safe Standards only.

Councils must comply if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

Councils must comply if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation. This might look like a Council operating a childcare facility, or a Council providing swimming lessons for children at the Council’s pool.

This is unlikely to look like a Council holding a market for the community, in which families attend with their children or a Council providing a pool for public use where children can attend under supervision of a guardian.

Neighbourhood Houses must comply if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

Neighbourhood Houses must comply if they provide services specifically for children and/or young people OR facilities specifically for use by children/and or young people who are under the supervision of the organisation. This might look like a Neighbourhood House that offers driving lessons to teenagers or a Neighbourhood House that offers a community garden and hosts events for children to learn about gardening.

This is unlikely to look like a Neighbourhood House that runs an op-shop which sells toys or a Neighbourhood House that offers room hire for public events, including events for children.

The Tasmanian Government must comply with both the Child and Youth Safe Standards and Reportable Conduct Scheme regardless of if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

The Tasmanian Parliament must comply with both the Child and Youth Safe Standards and Reportable Conduct Scheme regardless of if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

Transport services for children must comply if they provide services specifically for children and/or young people or facilities specifically for use by children/and or young people who are under the supervision of the organisation.

In this context, transport services for children means an organisation that provides a transport service specifically for children, whether through government funding or on a commercial basis.

This might look like an organisation providing a school bus service or an organisation that provides a bus fitted with car seats, including a bus driver, for use by a childcare facility taking its children on an excursion.

This is unlikely to look like an organisation that provides a bus service to the public, which might include children, or an organisation that provides unsupervised bus shelters.