Understand your legal obligations under the Child and Youth Safe Organisations Framework

This page summarises key information for organisations that are legally required to comply with the Child and Youth Safe Organisations Framework.

Click the headings to access information about compliance against each part of the Framework.

Complying with the Child and Youth Safe Standards and Universal Principle for Aboriginal Cultural Safety

“The Standards are designed to be principle-based and focused on outcomes and changing institutional culture as opposed to setting prescriptive rules that must be followed or specific initiatives that must be implemented.”

- The Royal Commission into Institutional Responses to Child Sexual Abuse

Topic	Key things to know
What are the Child and Youth Safe Standards?	The Child and Youth Safe Standards are 10 principles that outline how an organisation can develop a culture with child safety and wellbeing at its centre. Together, they: promote the safety and wellbeing of children and young people prevent abuse and harm to children and young people create a benchmark that organisations that engage with children and young people need to meet ensure organisations that engage with children and young people embed strategies in their day-to-day practice to realise these things. Tasmania’s Child and Youth Safe Standards mirror the National Principles for Child Safe Organisations.
What are each of the 10 Child and Youth Safe Standards?	The Child and Youth Safe Standards are: Standard 1: Child safety and wellbeing is embedded in organisational leadership, governance and culture. Standard 2: Children and young people are informed about their rights, participate in decisions affecting them and are taken seriously. Standard 3: Families and communities are informed and involved in promoting child safety and wellbeing. Standard 4: Equity is upheld and diverse needs respected in policy and practice. Standard 5: People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice. Standard 6: Processes to respond to complaints and concerns are child focused. 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. Standard 8: Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed. Standard 9: Implementation of the Child and Youth Safe Standards is regularly reviewed and improved. Standard 10: Policies and procedures document how the organisation is safe for children and young people. Display this poster created by the Department of Justice containing the 10 Child and Youth Safe Standards in your organisation.
What is the Universal Principle for Aboriginal Cultural Safety?	In putting all 10 Child and Youth Safe Standards into practice, organisations must also give effect to something called the Universal Principle for Aboriginal Cultural Safety. The Universal Principle applies to all 10 Standards and means the right of Aboriginal and Torres Strait Islander children and young people to cultural safety must be respected.
Which organisations are legally required to comply with the 10 Child and Youth Safe Standards and the Universal Principle for Aboriginal Cultural Safety?	The Child and Youth Safe Standards and Universal Principle apply to types of organisations such as: Accommodation services Faith-based organisations Childcare and commercial babysitting services Child protection services and out-of-home care Health services Disability services Justice and detention services Education services Tasmanian Government Local Government Tasmanian Parliament Government House Clubs and association with significant child and youth membership Coaching and tuition services Neighbourhood Houses Commercial services Transport services. Find out whether your organisation is likely to be legally required to comply with the Child and Youth Safe Organisations Framework.
How do I know if my organisation is complying with the Child and Youth Safe Standards and Universal Principle for Aboriginal Cultural Safety?	You can learn more about how to comply with the Child and Youth Safe Standards and Universal Principle for Aboriginal Cultural Safety by reading the Interim compliance guidance for organisations resource developed by the Department of Justice.

Ask yourself: What is my organisation doing already that aligns with the Child and Youth Safe Standards and Universal Principle for Aboriginal Cultural Safety? What could it do better?

Link	Description
Interim Compliance Guidance for Organisations	Learn more about how to comply with the Child and Youth Safe Standards and Universal Principle for Aboriginal Cultural Safety by reading the Interim compliance guidance for organisations resource developed by the Department of Justice.
National Principles for Child Safe Organisations tools and resources	Given Tasmania’s Child and Youth Safe Standards mirror the National Principles, organisations may like to review the existing tools and templates available on the National Principles’ website.

Complying with the Reportable Conduct Scheme

“If you are asking yourself whether to report, you should."

- From a victim-survivor of child sexual abuse in a Tasmanian institution

Topic	Key things to know
What is the Reportable Conduct Scheme?	The Reportable Conduct Scheme requires leaders of specific organisations to: report concerns of conduct related to child abuse involving adult workers in their organisation to the Independent Regulator, and investigate these concerns (they may engage an independent investigator). This includes historical allegations against people currently employed or contracted by the organisation. Learn about key terms under the Reportable Conduct Scheme.
Which organisations does the Reportable Conduct Scheme apply to?	The Reportable Conduct Scheme applies to organisations that: have a high degree of responsibility for children engage with children and young people in ways that place them at higher risk of harm. This includes organisations such as: Accommodation and residential services for children, including housing services and overnight camps Activities or services of any kind, under the auspices of a particular religious denomination or faith through which adults have contact with children Child care and commercial babysitting services Child protection services and out-of-home care, including contact services Health services for children, including organisations that provide counselling services An organisation that provides early intervention or disability support services Justice and detention services for children Education services for children Tasmanian Government and Local Government Tasmanian Parliament Government House A club, association or cadet organisation that has a significant membership of, or involvement by, children.
Who is a ‘worker’ in the context of the Reportable Conduct Scheme?	‘Worker’ in the Child and Youth Safe Organisations Act 2023 means a person aged 18 years and over who is: employed by the organisation (such as a staff member) or engaged to provide services like a: volunteer contractor subcontractor consultant director member of a management committee office holder or officer; or elected to a role relating to the organisation like an: alderman councillor member of Parliament; or engaged in training or work experience with the organisation; or carrying out court ordered work under the organisation’s supervision; or if the entity is a religious body a minister of religion a religious leader, a worker (within the meaning of this definition) or a worker or officer of the religious body.
Who is a ‘leader’ in the context of the Reportable Conduct Scheme?	A ‘leader’ is a person who is primarily responsible for the decision-making of the organisation, otherwise known as the head of the entity. In the context of the Reportable Conduct Scheme, the legal obligation to report and investigate reportable conduct is that of the head of the entity. The leader of an organisation is: in a Government Agency, the Head of Agency or their delegate; or the CEO of the organisation (however titled or described); or the principal officer of the organisation (however titled or described); or a person, or the holder of a position in the organisation who is nominated by the organisation as its head and approved by the Independent Regulator.
What is ‘reportable conduct’ under the Reportable Conduct Scheme?	Reportable conduct is broader than suspected criminal behaviour. It includes: significant emotional or psychological harm significant neglect physical violence a sexual offence and sexual misconduct grooming relevant offences such as failing to report child abuse and female genital mutilation.
What legal obligations apply to leaders of an organisation required to comply with the Reportable Conduct Scheme?	The leader of an organisation who must comply with the Reportable Conduct Scheme, has certain legal obligations under the Child and Youth Safe Organisations Act 2023. These include: reporting to the Independent Regulator within three business days of becoming aware of reportable conduct or a reportable conviction investigating the conduct as soon as possible. updating the Independent Regulator on the progress of the investigation within 30 days. providing a copy of the investigation findings and reasons for those findings to the Independent Regulator at the end of the investigation.
What information must be provided within three business days, and how?	Within three business days of becoming aware of a reportable allegation or reportable conviction, the leader of the organisation must report to the Independent Regulator: that a reportable allegation has been made against, or a reportable conviction recorded against, a worker; and the name (including any other names the person goes by, if known) and date of birth, if known, of the worker that the concern is about; and if the notification relates to a reportable allegation (rather than a reportable conviction), whether Tasmania Police has been told; and the name, address and telephone number of the organisation making the report; and the name of the head of the organisation. If the leader is unable, or does not intend, to investigate or engage an independent investigator, the leader must: notify the Regulator as soon as possible; and provide reasons for the non-compliance. You can make a report from the Report a concern page.
What information must be provided within 30 days, and how?	As soon as possible, but within 30 days of becoming aware of the of a reportable allegation or reportable conviction, the leader must report to the Independent Regulator: all known detailed information about the reportable allegation or reportable conviction; and whether or not the head of the relevant entity has taken, or intends to take, any action in relation to the worker and the reasons why the head has taken, or intends to take or not to take, any such action; and any written submissions, made to the head of the relevant entity concerning the reportable allegation or reportable conviction, that the worker requested to have considered in determining what, if any, action should be taken by the head in relation to the worker. You can make a report from the Report a concern page.
What information must be provided when the investigation is concluded?	As soon as practicable after the investigation has finished, the leader must provide the Independent Regulator with: a copy of the findings of the investigation and the reasons for those findings; and details of any disciplinary or other action that the relevant entity has taken, or proposes to take, in relation to the worker, and the reasons for that action; and if the relevant entity does not propose to take any disciplinary or other action in relation to the worker, the reasons why no action is to be taken. You can make a report from the Report a concern page.
What is the role of the Independent Regulator in the Reportable Conduct Scheme?	The role of the Independent Regulator in the Reportable Conduct Scheme is to: oversee reportable conduct notifications and investigations provide advice and guidance to organisational leaders on how to conduct a reportable conduct investigation receive and assess the appropriateness of investigation findings, reasons for findings and actions conduct an own-motion investigation (meaning the Independent Regulator themselves does the investigation) if it is in the public interest to do so.
How does the Reportable Conduct Scheme contrast with other reporting obligations?	The Reportable Conduct Scheme doesn’t replace or negate existing reporting obligations. In addition to the Independent Regulator, reportable conduct or a reportable conviction may also need to be reported to: Police Tasmania Police must be notified if you suspect the allegation is a criminal offence. Leaders should be ready to work with Tasmania Police if the reportable conduct could be criminal in nature. The Registrar of the Registration to Work with Vulnerable People Act 2013 The Registrar of the Registration to Work with Vulnerable People Act 2013 must be notified if worker of the alleged reportable conduct holds a Work with Vulnerable People check, to consider whether the Registration should be suspended or cancelled. Strong Families, Safe Kids Advice and Referral Line A notification for an initial assessment. must be made as soon as practicable if an allegation relates to the child’s living arrangements. Professional regulators Professional regulators should be notified where the allegation could affect professional registration.
Important things to remember about the Reportable Conduct Scheme:	Reporting conduct to the Independent Regulator doesn’t mean a conclusion has been reached about whether that conduct occurred. The threshold for making a report is a ‘reasonable suspicion’. This suspicion doesn’t need to be shared by the leader of the organisation for the concern 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. Conduct can’t be ‘triaged’ by the leader of an organisation. All reportable concerns must be reported to the Independent Regulator.

Ask yourself: Am I aware of the key timeframes for reporting to, and updating the Independent Regulator of the Reportable Conduct Scheme?

Reminder:

The Independent Regulator is distinct from the Strong Families Safe Kids Advice and Referral Line.

The Independent Regulator provides regulatory oversight of organisational responses to concerns about adult worker conduct towards a child.

If you have concerns about the welfare of a child, you should contact the Strong Families Safe Kids Advice and Referral Line on 1800 000 123.

It is possible that you may need to contact the Strong Families Safe Kids Advice and Referral Line and the Independent Regulator.

To help you determine who needs to be contacted, read the Reporting Pathways A3 poster resource.

Myths and facts about the Reportable Conduct Scheme:

Myth	Fact
Only leaders of organisations can make a report to the Independent Regulator.	Leaders of in-scope organisations are legally required to report to the Independent Regulator, but anyone can, and should, report concerns. Organisations are not separate from the community, and every adult in the community has a responsibility to keep children and young people safe and well.
If the leader of the organisation thinks someone else has reported a worker’s conduct to the Independent Regulator, then they don’t have to report to them too.	Leaders still need to notify the Independent Regulator even if they suspect someone else has already reported it to them. The leader is the person with the legal responsibility to report and investigate.
There is little benefit to organisations doing their own reportable conduct investigations.	Other states have Reportable Conduct Schemes in place, similar to Tasmania’s. Victoria’s review of its Reportable Conduct Scheme, suggests the obligation being on organisations to investigate allegations of abuse, has resulted in improvements in the quality of investigations. Organisations have also become more aware of the importance of managing risks to children during investigations.

Useful resources

Link	Description
e-Learning modules: Responding to Reportable Allegations	This resource is online training by the NSW Office of the Children’s Guardian for specific sectors. It is about the NSW Child Safe Standards which are similar to, but distinct from, Tasmania’s Child and Youth Safe Standards. The training may however, be useful for Tasmanian organisations.
Information Sheet- Investigation findings	This is a short information sheet developed by the Victorian Commission for Children and Young People about reporting on investigation findings. It is about the Victorian Reportable Conduct Scheme which is similar to, but distinct from, Tasmania’s. It may however, be useful for Tasmanian organisations conducting investigations into reportable conduct.
ACT Reportable Conduct Scheme resources.	These resources were developed by the ACT Ombudsman (the regulator of the ACT’s Reportable Conduct Scheme). The ACT’s Reportable Scheme is similar to, but distinct from Tasmania’s, however, these resources may be useful for Tasmanian organisations.

Learn more about:

Key terms under the Child and Youth Safe Organisations Framework

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.

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 and 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
For culturally appropriate, trauma-informed legal and non-legal services and assistance to Aboriginal and Torres Strait Islander victims/survivors of family violence and sexual assault, contact SIS.
- Phone: 1800 747 827

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

Last updated: 19 December 2024