Tasmanian Inquiry

Recommendations in the multi-volume report by the Commission of Inquiry into the Tasmanian Government's responses to Child Sexual Abuse in Institutional Settings are as follows – 

Children in the education system 

Child sexual abuse prevention education in schools 

Recommendation 6.1 

1. The Department for Education, Children and Young People should introduce and fund a mandatory child sexual abuse prevention curriculum as part of the mandatory respectful behaviours curriculum from early learning programs to Year 12, across all types of government schools (including specialist schools). 2. This mandatory prevention curriculum should draw on expert evidence of best practice and successful approaches adopted in other states and territories, including South Australia’s mandatory curriculum. 3. The Department should develop a plan for sustained implementation of the mandatory prevention curriculum. The plan should: a. set out the goals and objectives of implementing the mandatory prevention curriculum   b. define the roles and responsibilities of key participants c. include criteria for evaluating the curriculum. 4. The Department should evaluate the effectiveness of the mandatory prevention curriculum five years after its implementation. 

Office of Safeguarding 

Recommendation 6.2 

1. The Office of Safeguarding within the Department for Education, Children and Young People should focus primarily on safeguarding children in the education context, with a particular focus on prevention, risk identification, policy development and related workforce development. 2. The Office of Safeguarding should not be involved in critical incident management beyond learning from systemic reviews and trend data. 

Policies, procedures and guidance in education 

Recommendation 6.3 

1. The Department for Education, Children and Young People should make its child safeguarding policies publicly available, including policies on mandatory reporting, professional conduct, and responses to allegations and concerns about child sexual abuse. 2. The Department should establish a regular review process for its child safeguarding policies. 

Recommendation 6.4 

The Department for Education, Children and Young People, in developing a professional conduct policy (R 20.2), should ensure: a. there is a separate professional conduct policy for staff who have contact with children and young people in schools  b. the professional conduct policy for schools, in addition to the matters set out in R 20.2, specifies expectations outlined in other relevant school policies and procedures, including those covering online technology and a duty of care owed by staff members c. the professional conduct policy for schools spells out expected standards of behaviour for volunteers, relief teachers, contractors and sub-contractors d. the Department uses appropriate mechanisms to ensure compliance by volunteers, relief teachers, contractors and sub-contractors with the professional conduct policy for schools. 

Professional development 

Recommendation 6.5 

1. The Department for Education, Children and Young People should adopt and implement a training certification program that is mandatory for all education staff and volunteers. This training should be structured to provide basic and advanced levels of training for different role holders and targeted most directly at staff and volunteers operating in higher-risk settings. 2. Training should cover: a. key safeguarding policies of the Department, including appropriate standards of behaviour between adults and students and what to do if child sexual abuse or harmful sexual behaviours are witnessed or disclosed b. relevant legal obligations, including requirements for reporting to Tasmania Police, Child Safety Services, the Registrar of the Registration to Work with Vulnerable People Scheme, the Independent Regulator under the Child and Youth Safe Organisations Act 2023, and the Teachers Registration Board. 3. Training should be refreshed periodically and delivered at a time and in a format that will maximise engagement. It should be centrally recorded to monitor participation. 4. The Department should work with the Teachers Registration Board to establish the minimum training requirements for teachers (R 6.15). 

Responding to and investigating complaints and concerns 

Recommendation 6.6 

1. The Tasmanian Government should establish a Child-Related Incident Management Directorate to respond to: a. allegations of child sexual abuse and related conduct by staff, breaches of the State Service Code of Conduct and professional conduct policies, and reportable conduct (as defined by the Child and Youth Safe Organisations Act 2023) in schools, Child Safety Services, out of home care and youth justice b. other forms of staff-perpetrated abuse in schools, Child Safety Services, out of home care and youth justice, including other serious care concerns and allegations of excessive use of force, inappropriate isolation or inappropriate searches of children and young people in detention. 2. The directorate should comprise three units tasked as follows: a. Incident Report Management Unit. This unit should be responsible for case management—that is, assisting child-facing services within the Department for Education, Children and Young People with the management of incidents or allegations of child sexual abuse and related conduct, including being the point of contact for these services. b. Investigations Unit. This unit should undertake preliminary assessments and investigations. It should comprise appropriately trained and skilled investigators or use external investigators with the requisite qualifications and training. c. Adjudication Unit. This unit should examine the investigation reports prepared by investigators and make recommendations to the Head of Agency about what disciplinary decisions are available and the appropriate response. The unit should be staffed by personnel with relevant experience, including a background in law. 3. The directorate should appoint staff with knowledge of schools, Child Safety Services, out of home care, and youth justice. 4. Within 12 months of appointment, all staff in the Investigations Unit should: a. undertake specialist training in interviewing vulnerable witnesses  b. undertake training in child development, child sexual abuse and trauma- related behaviours. 5. The directorate should maintain a case management platform and oversee a ‘single file’ for all child sexual abuse allegations and concerns about staff, including recording matters that do not result in disciplinary action. 6. The Tasmanian Government should decide where in the State Service this directorate should be established. Wherever it is established, it should be separated from traditional human resources functions. 

Recommendation 6.7 

1. The Department for Education, Children and Young People should develop guidelines that outline the ongoing supports that should be provided for victim- survivors, families, staff and the school community when there are allegations or incidents of child sexual abuse by staff or harmful sexual behaviours. 2. The guidelines should include policies, procedures, and templates for: a. Counsellingandsupport—acounsellingandsupportplanshouldbedeveloped for victim-survivors and their parents and carers, other children or young people at the school, staff at the school, and the alleged perpetrator and their family. b. Risk assessment—a risk assessment should be conducted to determine whether there is any concern for the ongoing safety of other children and whether there may be other victim-survivors. c. Informing responsibly—the Department should develop specific policies that outline what communications should be made by the Department, and to whom they should be made, at particular stages of a child sexual abuse matter. These policies should take account of all legal obligations and the importance of informing victim-survivors, parents and the community. Communication may be needed with children and young people, staff, School Association Committees, parents, previous students and other schools. 3. Any policy outlining the communications that should be made by the Department should extend to matters where conduct does not amount to a criminal offence or where police do not proceed with charges but the matter is investigated as a possible breach of the State Service Code of Conduct, a professional conduct policy or reportable conduct under the Reportable Conduct Scheme. 4. Guidelines should also be developed for Child Safety Services, out of home care and youth justice contexts. 

Recommendation 6.8 

The Department for Education, Children and Young People should work with the Catholic and independent school sectors to adopt a statewide approach to responding to child sexual abuse in schools. 

Harmful sexual behaviours 

Recommendation 6.9 

The Department for Education, Children and Young People should develop detailed education-specific policies, protocols and guidelines for preventing, identifying and responding to harmful sexual behaviours in schools. The development of these policies, protocols and guidelines should be: a. led and informed by the Harmful Sexual Behaviours Support Unit (R 9.28) b. informed by the Tasmanian Government’s statewide framework and plan to address harmful sexual behaviours (R 21.8). 

Teacher registration 

Recommendation 6.10 

The Tasmanian Government should introduce legislation to: a. allow the Teachers Registration Board to compel relevant entities—including the Department for Education, Children and Young People, other employers of teachers, the Registrar of the Registration to Work with Vulnerable People Scheme, police, and Child Safety Services—to give the Board information or documentation that is relevant to child sexual abuse matters involving a registered teacher or a holder of a Limited Authority to Teach b. compel these relevant entities to notify the Teachers Registration Board when they become aware of allegations or suspicions of child sexual abuse by a teacher. Such entities should also be required to notify the Board if they begin any formal investigation that involves allegations or suspicions of child sexual abuse by a teacher or a holder of a Limited Authority to Teach, and the outcome of any investigation c. allow entities, when investigating matters involving child sexual abuse by a registered teacher or holder of a Limited Authority to Teach, to jointly appoint investigators to investigate the matter, taking into account the different criteria required for investigations by the Department and the Board. 

Recommendation 6.11 

The Tasmanian Government should: a. introduce legislation to amend the Teachers Registration Act 2000 (or regulations) to require details of the prospective or current place of employment of a teacher (or a holder of Limited Authority to Teach) to be included on the Register of Teachers b. develop an electronic means of updating the Register of Teachers with details of the place of employment of a teacher (or a holder of Limited Authority to Teach) c. require employers to make updates to a teacher’s place of employment— including when a teacher (or a holder of Limited Authority to Teach) begins working at the school or is no longer working at the school d. fund the Teachers Registration Board to develop an upgraded, fit-for-purpose Customer Records Management System to enable the Board to maintain a Register of Teachers which can support information exchange in real time with other bodies working with children, and other jurisdictions. 

Recommendation 6.12 

The Tasmanian Government should introduce legislation to amend the Teachers Registration Act 2000 to allow administrative infringement notices to be issued for noncompliance with the provisions of the Act that currently carry penalties in the form of fines. 

Recommendation 6.13 

The Tasmanian Government should introduce legislation to amend section 24B of the Teachers Registration Act 2000 to: a. allow for the immediate rather than emergency suspension of registration or a Limited Authority to Teach when the Teachers Registration Board considers there is an unacceptable risk of harm to children b. allow the Board to suspend a person’s registration or a Limited Authority to Teach where that person has been charged with a serious offence. 

Recommendation 6.14 

The Tasmanian Government, Department for Education, Children and Young People and the Teachers Registration Board should continue to advocate at the national level for an automatic mutual recognition scheme that takes into account risks to child safety and imposes measures to address these risks. 

Recommendation 6.15 

1. The Tasmanian Government should introduce legislation to amend the Teachers Registration Act 2000 to allow the Teachers Registration Board to set requirements for minimum training and ongoing professional development. 2. The Teachers Registration Board should make child safeguarding training (Recommendation 6.5) a mandatory requirement for the granting of teacher registration and as part of ongoing registration requirements. 

Recommendation 6.16 

The Tasmanian Government should ensure the Teachers Registration Board is funded to perform its core function of regulating the professional conduct of teachers. 

Children in out of home care 

Funding 

Recommendation 9.1 

 

The Tasmanian Government should provide one-off funding to help implement the Commission of Inquiry’s recommended out of home care reforms and significantly increase ongoing funding of out of home care, including out of home care services provided by Child Safety Services (such as out of home care governance and case management). 

The role of the Department 

Recommendation 9.2 

1. The Department for Education, Children and Young People should outsource the provision of all forms of out of home care to the non-government sector. 2. The Department should maintain and improve its role in: a. the budgeting and purchasing of out of home care services from the non- government sector b. establishing and leading the strategic plan and policy framework for out of home care c. monitoring the quality of out of home care d. providing case management and leadership in out of home care e. ensuring carers and staff receive adequate education and skill development f. responding to complaints and safety and wellbeing concerns about children in out of home care g. cross-sector (government and non-government) data collection, ICT infrastructure and public reporting h. carer registration and monitoring. 3. The outsourcing of the provision of out of home care should be achieved through an orderly, staged and trauma-informed transition process and commissioning strategy.   4. The Department should establish a minimum out of home care dataset and a plan for two-way data sharing between the Department and non-government out of home care providers. 

Contract management and auditing 

Recommendation 9.3 

1. The Department for Education, Children and Young People should develop new funding agreements with non-government out of home care providers that set quality and accountability requirements, including: a. compliance with the National Standards for Out-of-Home Care b. compliance with the Child and Youth Safe Standards c. provision of trauma-informed, therapeutic models of care (R 9.18) d. adoption of preventive measures for harmful sexual behaviours and child sexual exploitation e. only using carers who are registered on the Carer Register (R 9.20) f. governance and organisational structures to support monitoring and responding to child sexual abuse including grooming, harmful sexual behaviours and child sexual exploitation g. sharing relevant information about carers and children in their care h. quarterly reporting to the Department on these requirements i. periodic reporting of data against the outcomes framework (R 9.9). 2. All funding agreements between the Department and non-government out of home care providers should require the Department to give providers: a. relevant information about carers and children in their care b. information about the provider’s performance against the data outcomes framework and compliance with standards. 3. The Department should monitor and audit non-government out of home care providers’ compliance with contracts. 4. The Tasmanian Government should resource non-government out of home care providers appropriately. 

Expert and active leadership 

Recommendation 9.4 

1. The Tasmanian Government should fund and restructure the Department for Education, Children and Young People to ensure (in addition to the current roles of Deputy Secretary for Keeping Children Safe, and the Executive Director for Youth Justice): a. there is separate executive-level responsibility for out of home care services b. there is separate executive-level responsibility for the combined areas of Child Safety Services, the Strong Families, Safe Kids Advice and Referral Line and family support services c. the classification level of these executive roles reflects the level of risk and responsibility carried by the positions d. the holders of these executive roles have knowledge and understanding in the area of child protection or out of home care and experience in providing strategic direction and leadership e. executive responsibility for child safeguarding in the education context is not combined with responsibility for child safeguarding in the children and family services context f. the role of Executive Director for Aboriginal Children and Young People is established and supported by an Office of Aboriginal Policy and Practice (R 9.7) g. the role of the Chief Practitioner is established and supported by an Office of the Chief Practitioner (R 9.17) h. expertise among members of the Department’s executive is evenly balanced across the areas of education, Child Safety Services, out of home care, and youth justice i. the relevant specialist for out of home care and youth justice in the executive leads policy and practice development for those areas j. relevant centralised functions within the Department, such as human resources, procurement, and staff learning and development, address the distinct needs of schools, Child Safety Services, out of home care and youth detention. 2. The Tasmanian Government should ensure that: a. the Secretary of the Department demonstrates active efforts to inform themselves about child protection and out of home care through individual professional development b. the Deputy Secretary for Keeping Children Safe has knowledge and understanding of the area of child protection or out of home care and experience in providing strategic direction and leadership c. the Secretary and Deputy Secretary, and the holders of the new executive roles, have key performance measures that include culture change in Child Safety Services and out of home care d. the Secretary and Deputy Secretary, and the holder of the new executive role responsible for out of home care, have key performance measures that include preventing sexual abuse in out of home care e. the Department has appropriate processes in place to ensure leaders have the knowledge, skills, aptitude and core capability requirements to effectively manage people and to lead a child safe organisation. 

Governance 

Recommendation 9.5 

1. The Department for Education, Children and Young People should establish a Quality and Risk Committee for Child Safety Services, out of home care, and youth justice. 2. The Secretary of the Department should chair the committee. 3. The functions of the committee should include monitoring: a. the system performance of the out of home care sector b. the performance against the outcomes and reporting framework (Recommendation 9.9) c. children’s safety and wellbeing in out of home care, including from child sexual abuse d. progress on implementing the Child and Youth Safe Standards and the National Standards for Out-of-Home care   e. practices in youth detention, including in relation to searches, isolation and the use of force (R 12.31, 12.32 and 12.33). 4. The committee should report routinely to the Commission for Children and Young People. 

Recommendation 9.6 

1. The Department for Education, Children and Young People should, in consultation with the Commission for Children and Young People (Recommendation 18.6), develop an empowerment and participation strategy for children and young people in out of home care. This strategy should have regard to best practice principles for children’s participation in organisations at the individual and systemic levels. 2. The empowerment and participation strategy should include: a. establishing a permanent out of home care advisory group to be involved in developing the out of home care strategic plan (R 9.8) and have ongoing input into the out of home care system b. building engagement with children into the Department’s quality assurance and continuous improvement activities under the strategic plan (R 9.8) c. implementing the Viewpoint online questionnaire without delay d. regular monitoring and evaluation of the effectiveness of the empowerment and participation strategy. 3. The out of home care permanent advisory group should: a. include children, young people and young adults up to the age of 25 years with current or previous experience of out of home care in Tasmania, including Aboriginal people and people with disability b. have clear terms of reference developed in consultation with children, young people and young adults with experience of out of home care c. enable its members to participate in a safe and meaningful way and express their views on measures to empower children and young people in out of home care d. meet regularly, be chaired by a person independent of the Department and be attended by a senior departmental leader e. be adequately funded and resourced. 

Recommendation 9.7 

The Department for Education, Children and Young People should appoint an Executive Director for Aboriginal Children and Young People for the whole of the Department. The office holder should: a. report directly to the Secretary b. be supported by a sufficiently resourced Office of Aboriginal Policy and Practice c. oversee and report on the implementation of the Aboriginal and Torres Strait Islander Child Placement Principle (R 9.15) d. facilitate departmental engagement and build partnerships with Aboriginal communities e. promote and help establish recognised Aboriginal organisations (R 9.15) f. ensure Aboriginal culture, views and interests are represented in all departmental activities g. promote cultural safety for Aboriginal staff and Aboriginal children and families who come into contact with the Department h. increase recruitment of Aboriginal staff in the Department i. participate in the Quality and Risk Committee at least every six months in discussions about the number of Aboriginal children in out of home care, the proportion of Aboriginal children placed with Aboriginal carers, the proportion of Aboriginal children in out of home care with a cultural support plan, reunification rates for Aboriginal children and other key performance indicators to be agreed with the Quality and Risk Committee. 

Strategic planning for out of home care 

Recommendation 9.8 

1. The Department for Education, Children and Young People should develop a strategic plan for the out of home care system. The plan should include: a. a vision for future models of out of home care in Tasmania b. the transition plan and commissioning strategy for outsourcing the provision of out of home care to the non-government sector (R 9.2) c. the empowerment and participation strategy for children and young people in out of home care (R 9.6) d. implementation of the Aboriginal and Torres Strait Islander Child Placement Principle (R 9.15) e. a commitment to trauma-informed, therapeutic models of care (R 9.18) f. a commitment to the National Standards for Out-of-Home Care and the Child and Youth Safe Standards g. a workforce capacity building strategy (R 9.10) h. developing a carer recruitment, support and retention strategy, in consultation with the non-government sector i. a process for ongoing carer accreditation, registration and monitoring (R 9.20) j. establishing the outcomes and performance reporting framework (R 9.9) k. building quality assurance and improvement into all activities l. an updated framework of policies for the safety and wellbeing of children in care, including updating key policies relating to i. complaints handling ii. harmful sexual behaviours iii. mandatory education for staff in child sexual abuse iv. care concern and critical incident reporting and management v. child sexual exploitation  vi. how decisions can be appealed and reviewed vii. professional conduct viii. implementing the Child and Youth Safe Standards. 2. All policy documents should be published on the Department’s website. 3. Each element of the strategic plan for the out of home care system should have a timeframe attached, with staggered implementation, and the plan should be fully implemented within five years. 4. The Secretary’s key performance indicators should require the implementation of the strategic plan for the out of home care system within allocated timeframes. 

Outcomes and performance reporting 

Recommendation 9.9 The Department for Education, Children and Young People should: a. establish an outcomes and performance reporting framework against which it can measure the performance of the out of home care sector, including in relation to child safety b. develop the data capability to enable reporting against the framework c. routinely report against the framework. 

Workforce strategy 

Recommendation 9.10 

The Department for Education, Children and Young People should develop a workforce strategy for the child and family welfare sector to pursue the following objectives: a. an increase in staff numbers and retention b. workplace conditions that make the sector a more attractive employer, particularly in the Department c. a reduction in unplanned staff vacancies, particularly in the Department  d. promoting staff wellbeing, at the individual and system levels, including by addressing the causes and effects of trauma and vicarious trauma e. a workforce equipped with the knowledge and skills to respond effectively to the needs of children and families. 

Recommendation 9.11 

1. The Department for Education, Children and Young People should establish mandatory core knowledge requirements for Child Safety Officers, which include an understanding of: a. child sexual abuse, including grooming, harmful sexual behaviours and child sexual exploitation b. the effects of trauma, trauma-informed care and therapeutic responses to trauma c. ethical and professional conduct. 2. The Department should ensure Child Safety Officers attain this knowledge during their induction period. 3. The Department should provide regular refresher training and continuous professional development opportunities to enable Child Safety Officers to continue to advance their knowledge and skills (advanced professional development). 4. In its role of overseeing the out of home care system, the Department should: a. determine the core knowledge and skills required for staff in non-government organisations providing carer assessment and support, and for residential, foster and kinship carers b. ensure non-government out of home care staff and carers have access to professional development in core knowledge and skills, recognising existing high-quality training available in Tasmania and developing or funding new training where required. 

Recommendation 9.12 

1. The Department for Education, Children and Young People should ensure the Foster and Kinship Carers Handbook is updated to include: a. information applicable to all carer types b. more information on child sexual abuse, including harmful sexual behaviours and child sexual exploitation c. mandatory reporting requirements for carers d. the professional conduct policy for foster and kinship carers. 2. The Department should: a. make the Handbook available publicly on its website b. ensure the Handbook is regularly updated in line with any relevant changes to policy. 

Recommendation 9.13 

The Department for Education, Children and Young People should ensure staff have access to the latest out of home care practice knowledge by becoming a learning organisation, including by: a. implementing purposeful means for critical reflection and internal review b. establishing strategic partnerships with specialist out of home care, child maltreatment and child protection researchers c. engaging in cross-jurisdictional partnerships where there are opportunities for shared learning d. developing opportunities for formal recognition of ongoing learning for staff through these partnerships, such as via micro-credentialling pathways. 

Keeping Aboriginal children safe 

Recommendation 9.14 

The Tasmanian Government should appoint a Commissioner for Aboriginal Children and Young People with statutory powers and functions to monitor the experiences of Aboriginal children in out of home care and youth detention. 

Recommendation 9.15 

The Tasmanian Government should fully implement all elements of the Aboriginal and Torres Strait Islander Child Placement Principle by: a. increasing investment in Aboriginal-led targeted early intervention and prevention services for Aboriginal families, including family support and reunification services, to a rate equivalent to the representation of Aboriginal children in the Tasmanian child safety system b. adopting and reporting on measures to reduce institutional racism and supporting decolonising practices in the Department for Education, Children and Young People to reduce the over-representation of Aboriginal children in out of home care c. ensuring that the Aboriginal status of all Aboriginal children in contact with Child Safety Services is accurately identified and recorded at the earliest opportunity, and appropriately shared with non-government out of home care providers and carers d. introducing legislation to amend the Children, Young Persons and Their Families Act 1997 to i. require decision makers to consult with a relevant recognised Aboriginal organisation in relation to any decision likely to have a significant impact on an Aboriginal child—in particular, decisions about whether to remove a child from their family and where a child should live ii. require the involvement of a relevant recognised Aboriginal organisation nominated by an Aboriginal child, or their advocate, in family group conferences, case planning and cultural support planning in respect of the child iii. create a statutory framework and plan co-designed with Aboriginal communities for transferring child safety decision-making authority for Aboriginal children to recognised Aboriginal organisations e. partnering with Aboriginal communities to i. promote and support establishing recognised Aboriginal organisations with local knowledge of Aboriginal children, families and communities, to facilitate the participation of Aboriginal children and families in child safety and out of home care decision-making processes ii. develop a model or models for the transfer of child safety decision- making authority to recognised Aboriginal organisations  iii. invest in recognised Aboriginal organisations’ capacity to ensure they are fully resourced, and their workforces fully equipped and supported, to participate in child safety and out of home care decision-making processes for Aboriginal children, including involvement in cultural support planning, and to manage any transfer of decision-making authority for Aboriginal children f. designing and establishing, in partnership with Aboriginal communities, fully resourced, Aboriginal-led, therapeutic residential programs for Aboriginal children who have been removed from their families and for whom an appropriate placement with an Aboriginal carer cannot be found g. implementing systems to ensure every Aboriginal child in out of home care has a meaningful cultural support plan prepared by or with the involvement of a recognised Aboriginal organisation or an Aboriginal person with relevant cultural knowledge, and regularly reviewing cultural support plans to ensure cultural connections for Aboriginal children are being maintained h. ensuring non-government out of home care providers comply with the ‘placement’ and ‘connection’ elements of the Placement Principle i. ensuring the Aboriginal status of carers is identified and accurately recorded j. providing mandatory professional development to Child Safety Services staff to ensure all interactions with and responses to Aboriginal children, families and organisations are culturally safe. 

Supporting quality care 

Recommendation 9.16 

1. The Department for Education, Children and Young People should: a. ensure all children in care, including those on guardianship orders until age 18, have a case manager b. set a maximum case load for Child Safety Officers. 2. The Department should report quarterly to the Quality and Risk Committee on the: a. number of children without an individual case manager b. average case load for Child Safety Officers  c. average frequency of case manager visits children received, and the longest and shortest time periods between visits d. the number of children with a care team and Aboriginal representatives on the care team (where appropriate) e. average frequency of care team meetings f. percentage of children with a current care plan. 3. The Department should ensure these figures are published quarterly on its website. 

Recommendation 9.17 

1. The Department for Education, Children and Young People should appoint a Chief Practitioner to lead clinical practice and quality assurance across Child Safety Services, the Strong Families, Safe Kids Advice and Referral Line, and out of home care. 2. The Chief Practitioner should lead an Office of the Chief Practitioner, manage a team of clinical practice experts across Child Safety Services and report to the Secretary. 3. The Chief Practitioner should be responsible for: a. developing the clinical capacity of practitioners through professional development and supervision b. informing clinical policies, procedures and practice directions to ensure they reflect best practice in child protection and trauma-informed care c. receiving, triaging, recording, monitoring and coordinating responses to complaints about Child Safety Services and out of home care (R 9.31) and concerns about the safety and wellbeing of children in care (R 9.32) d. supporting best practice responses to children in out of home care experiencing or at risk of child sexual exploitation e. conducting file reviews and audits to inform an understanding of current clinical practice and identify areas for reform. 4. The Chief Practitioner should: a. work closely with the Quality and Risk Committee to monitor data to identify systemic strengths and weaknesses within practice across Child Safety Services and out of home care b. have a close working relationship with the Department’s Learning and Development team, ensuring that workforce development of Child Safety Services and out of home care is designed and delivered to support best practice service provision c. support the Department’s strategic partnerships and collaboration where appropriate, including with research and teaching institutions and non- government service delivery partners to enhance knowledge and practice across the sector (R 9.13). 5. The Department should ensure clinical practice experts are located in all regional offices of Child Safety Services across the state. 6. The Chief Practitioner should lead the Harmful Sexual Behaviours Support Unit (R 9.28). 

Recommendation 9.18 

1. The Department for Education, Children and Young People should require out of home care to be trauma-informed and therapeutic and identify the key components of trauma-informed, therapeutic models of care. 2. The Department should require non-government out of home care providers to deliver services that align with these key components of trauma-informed, therapeutic models of care, noting some providers have already adopted such models of care. 3. The Department should ensure children are assessed for trauma symptoms when entering care through the holistic assessment (R 9.23) and, where needed, receive appropriate therapy and intervention for their trauma. 

Recommendation 9.19 

1. The Department for Education, Children and Young People, in developing a professional conduct policy (Recommendation 20.2), should ensure: a. there is a separate professional conduct policyfor staff who have contact with children and young people in Child Safety Services and out of home care b. the professional conduct policy for Child Safety Services and out of home care, in addition to the matters set out in R 20.2, specifies expectations outlined in other relevant policies and procedures, including the policy on concerns about child safety and wellbeing and the duty of care owed by staff members c. the professional conduct policy for Child Safety Services and out of home care articulates expected standards of behaviour for volunteers, contractors and sub-contractors, and carers d. the Department uses appropriate mechanisms to ensure compliance by volunteers, contractors and sub-contractors, and carers with the professional conduct policy for Child Safety Services and out of home care. 2. The Department should develop guidance material and information sessions for children in care about the expected behaviour of carers, staff, volunteers and adults in their lives. 

Ensuring quality carers 

Recommendation 9.20 

1. The Department for Education, Children and Young People should establish and maintain a Carer Register of all types of carers in the out of home care setting to ensure all third-party guardians, and foster, respite, kinship, and salaried residential carers can provide quality care to children and act protectively. 2. The Department should: a. set minimum requirements for registration as a carer b. record allegations of concern about a carer or members of their household c. set out a process for de-registering carers d. enable easy information sharing between the Carer Register, the Registration to Work with Vulnerable People Scheme and the Reportable Conduct Scheme. 3. The minimum requirements for carer registration should include: a. current Registration to Work with Vulnerable People and satisfactory National Police Checks b. best practice and tailored approaches to foster, kinship and residential carer screening and assessment c. mandatory knowledge and skill requirements for carers, including i. understanding child sexual abuse, including grooming, harmful sexual behaviours and child sexual exploitation ii. understanding the effects of trauma, trauma-informed care and therapeutic responses to trauma iii. understanding the professional conduct policy and ethical behaviour d. requiring other relevant adults who routinely spend time in the carer household to hold Registration to Work with Vulnerable People and to have been subject to carer assessment e. satisfactory annual carer reviews conducted by non-government providers and reported to the Carer Register. 4. The Department should provide for kinship carers to be provisionally registered for 12 months after assuming care of a child. During this time kinship carers should be required to complete their mandatory training requirements or apply for an exemption in exceptional circumstances. 5. Non-government out of home care providers should support kinship carers to access and complete the mandatory training required for full registration as a carer. The mandatory training should contain measures to overcome literacy difficulties, cultural difference or geographical remoteness. 6. The Department should only place children with a carer who is registered or provisionally registered on the Carer Register. 7. The Department should establish a mechanism for reviewing decisions about the registration or deregistration of carers. 8. The Tasmanian Government should adequately resource the Department to establish and maintain the Carer Register. 

Recommendation 9.21 

To improve placement stability and the oversight of the care of children by third- party guardians, the Department for Education, Children and Young People should: a. make publicly available the criteria and process for a carer to become a third- party guardian b. sufficiently resource the team responsible for third-party guardianship applications to ensure appropriate assessments and timely processing c. require third-party guardians to be registered on the Carer Register to maintain their guardianship d. ensure third-party guardians receive the same level of support in their caring role as received by foster or kinship carers e. ensure children in third-party guardianship arrangements continue to have their safety and wellbeing supported and monitored (for example, through independent community visitors (Recommendation 9.34)). 

Meeting children’s needs 

Recommendation 9.22 1. The Department for Education, Children and Young People’s out of home care processes, including assessments, placements and care planning, should be tailored to address the specific needs of individual children. 2. These processes should address the specific needs of all children, including Aboriginal children, children from other culturally diverse backgrounds, children with disability, children with mental illness and children who identify as LGBTQIA+. 3. The Department’s empowerment and participation strategy for children and young people in out of home care (Recommendation 9.6) should include processes that enable children’s views to inform all elements of their individual care, including their assessments, placements and care planning. 

Recommendation 9.23 

1. The Tasmanian Government should ensure all children in care have access to: a. a timely holistic assessment when entering care across all domains of physical health, trauma and mental health, disability and educational need b. health and wellbeing assessments conducted annually, or more often where there is an identified need. 2. Multidisciplinary health teams should provide expert consultation to the care team around a child about the child’s needs, and input into the child’s care plan. 3. The Department for Education, Children and Young People should create a specialised role to support children in out of home care to access the National Disability Insurance Scheme. 

Recommendation 9.24 

1. The Tasmanian Government should increase funding for specialist trauma therapy services for children in care to ensure their needs are met. 2. The Tasmanian Government should ensure the Child and Adolescent Mental Health Service’s new specialist mental health service for children in out of home care is resourced to meet demand. 

Recommendation 9.25 

The Department for Education, Children and Young People should improve placement stability and reduce the risk of sexual abuse of children in care by: a. considering the views of the child or children about their out of home care placement b. using placement matching guidelines to aid placement decisions and support planning c. placing siblings together or maintaining sibling connection where safe to do so d. ensuring carers are aware of any history of abuse in relation to the child and the child’s specific needs relevant to this e. introducing an intensive salaried or professional foster care model to allow children with challenging behaviours to remain in family-based care f. funding all placements (including kinship, foster, respite and residential care) to fully meet all the child’s assessed needs to the extent these are not covered by other schemes (such as the National Disability Insurance Scheme and public health or education services). 

Recommendation 9.26 

The Department for Education, Children and Young People should ensure: a. each child is involved in developing their care plan b. each child’s care plan is informed by the holistic assessment (R 9.23) and the interests and aspirations of the child c. care plans include strategies to address identified risks of child sexual abuse, including the risk of harmful sexual behaviours and child sexual exploitation d. the care team reviews any risk assessments and management plans for child sexual abuse at least every six months, or more frequently if incidents occur or circumstances change such as when a new child joins the household.  

Children on out of home care orders involved in youth justice 

Recommendation 9.27 

In its role as statutory guardian of a child in care, the Department for Education, Children and Young People should: a. ensure a representative of the Department with knowledge of the child appears for a child in out of home care in the Magistrates Court (Youth Justice Division) and in the new specialist children’s division of the Magistrates Court (R 12.15), in order to i. support the child in court ii. inform the court of all relevant considerations to the court, including the child’s child protection history iii. make submissions to the court on behalf of the child with arrangements in place for this to occur in out-of-hours bail hearings as well as those that occur during normal business hours  b. take actions that may address any causes contributing to child offending, including changes to care plans c. ensure, when a child in care is admitted to youth detention or another residential youth justice facility, that the child’s Child Safety Officer i. arranges an immediate review of the child’s care plan with their care team, which includes developing a transition plan for when the child leaves detention ii. visits the child as soon as practicable and regularly thereafter, with a minimum of one visit during their admission in line with the child’s revised care plan iii. notifies the Commission for Children and Young People of the child’s admission to youth detention d. report to the Quality and Risk Committee on the number of children in care in detention and on the activities listed above. Harmful sexual behaviour 

Recommendation 9.28 

1. The Department for Education, Children and Young People should establish a Harmful Sexual Behaviours Support Unit to support best practice responses to harmful sexual behaviours across the Department, including in schools, Child Safety Services, out of home care and youth detention. The unit should: a. provide advice, guidance, and support across the Department b. develop context-specific policies for all settings informed by the Tasmanian Government’s statewide framework and plan to address harmful sexual behaviours (R 21.8) c. work closely with the Quality and Risk Committee (R 9.5) to ensure systemic risks, practice issues and opportunities for improvement are identified. 2. The Tasmanian Government should allocate additional funding to support responses to harmful sexual behaviours in out of home care and youth justice. 3. The Harmful Sexual Behaviours Support Unit should develop detailed out of home care-specific policies, protocols and practice guidance to support best practice responses to harmful sexual behaviours in out of home care.   4. The Department should ensure the advanced professional development for departmental staff in understanding and responding to harmful sexual behaviours (R 9.11) includes tailored professional development for both Child Safety Officers and carers, and is available to staff in relevant roles in schools and youth justice. 5. The Department should ensure staff working in the Harmful Sexual Behaviours Support Unit are suitably experienced or undertake additional professional development to advance their knowledge in responding to harmful sexual behaviours. 6. The Department should ensure Power to Kids or another program or approach with comparable components is implemented in government funded residential care homes as a supplementary strategy to address the heightened risk of harmful sexual behaviours (including child sexual exploitation and dating violence) in out of home care. 

Child sexual exploitation 

Recommendation 9.29 

1. The Department for Education, Children and Young People and Tasmania Police should work with non-government providers and other relevant stakeholders to develop a framework for preventing and responding to sexual exploitation of children in care that is informed by best practice and evidence from other jurisdictions. The framework should: a. acknowledge the responsibility of the Department to lead the protection of children in care from child sexual exploitation b. outline the prevention strategies to be used and each agency’s role in delivering those strategies c. outline the detection, disruption and intervention strategies to be used and each agency’s role in delivering those strategies d. outline how children in care who have been exploited will be supported to heal and recover e. describe how agencies will work together f. implement a reporting framework about the incidence of sexual exploitation of children in care, which is reported to the Quality and Risk Committee.  2. The Chief Practitioner should lead the development of the framework. 3. The Keeping Children Safe Handbook and Tasmania Police operating guidelines should be updated to reflect the role of police in responding to child sexual exploitation in the new framework. 

Recommendation 9.30 

Tasmania Police should more fully utilise the offences in sections 95 and 96 of the Children, Young People and Their Families Act 1997 (the offences of harbouring or concealing a child and of inducing a child to be absent without lawful authority) to deter behaviour by adults that puts children in out of home care at risk of sexual abuse. 

Responding to complaints and concerns about child sexual abuse 

Recommendation 9.31 1. The Department for Education, Children and Young People should develop and maintain a complaints policy and procedures for Child Safety Services and out of home care. The policy and procedures should: a. explain how to make a complaint and who to complain to using a ‘no wrong door’ approach b. direct who should be informed when a person receives a complaint c. direct who is responsible for responding and within what timeframes d. ensure a child-friendly complaints procedure is made available to all children in care e. apply to all types of complaints or incidents f. cross-refer to the new concerns about the safety and wellbeing of children in care policy (R 9.32) g. explain how to seek an internal review of a decision made by the Department h. outline how to provide feedback and support for a complainant.  2. The Department should implement a centralised complaints and incident recording system. 3. The Chief Practitioner should receive all complaints about Child Safety Services and out of home care and be adequately resourced to receive, triage, record, monitor and coordinate responses. 4. The Chief Practitioner should report regularly on complaints handling to the Quality and Risk Committee and the Commission for Children and Young People. 5. The complaints policy and procedure should be published on the Department’s website. 

Recommendation 9.32 

1. The Department for Education, Children and Young People should develop a new policy to guide responses to concerns about the safety and wellbeing of children in care. The policy should: a. identify all forms of sexual abuse—including grooming, child sexual exploitation, harmful sexual behaviours, abuse by adults within and outside the out of home care system—as serious and requiring a higher-level response b. describe response pathways for concerns about the sexual abuse of children in care depending on the context. Specifically i. concerns or complaints about the sexual abuse of a child in care, or related conduct, by departmental staff should be referred to the Child- Related Incident Management Directorate (R 6.6) ii. responses to concerns about the sexual abuse of children in care, or related conduct, by adults who are not departmental staff should be led or overseen by the Chief Practitioner iii. responses to concerns about sexual exploitation of children in care should be led or overseen by the Chief Practitioner (R 9.17) iv. responses to concerns about harmful sexual behaviours involving children in care should be led or overseen by the Harmful Sexual Behaviours Support Unit (R 9.28). 2. The Chief Practitioner should receive all concerns about the safety and wellbeing of children in care and be adequately resourced to receive, triage, record, monitor and coordinate responses. Where the Chief Practitioner has referred a matter to another entity, the Office of the Chief Practitioner should support the localised response to the child’s safety and ongoing welfare. 3. The Office of the Chief Practitioner should include staff with skills in investigation and child interviewing to conduct investigations. 4. The outcomes of all concerns about the sexual abuse of children in care should be reported to the Quality and Risk Committee. 

Independent advocacy and oversight 

Recommendation 9.33 

1. The Tasmanian Government should establish an independent Child Advocate, to be included in the Commission for Children and Young People (R 18.6). 2. The Child Advocate should have responsibility for: a. the independent community visitor scheme (R 9.34) b. individual advocacy for children, including making complaints to the Ombudsman on behalf of a child in care (R 9.35) c. the permanent out of home care advisory group (R 9.6). 

Recommendation 9.34 1. The Tasmanian Government should introduce legislation to establish an independent community visitor scheme for children in out of home care, youth detention and other residential youth justice facilities. 2. The scheme should be administered by the Commission for Children and Young People (R 18.6) and led by the Child Advocate (R 9.33). 3. The scheme should be funded to enable every child in care, youth detention or another residential youth justice facility to receive regular and frequent visits, and children in family-based care to be visited regularly or when they request a visit. Resourcing should also enable community visitors to undertake advocacy on behalf of the children they visit.   4. Community visitors should be appointed by the Child Advocate based on their skills, knowledge and expertise, and remuneration should be comparable to similar paid roles in other jurisdictions. 5. Aboriginal children should have access to Aboriginal community visitors under the scheme. 6. Community visitors should be responsible, among other matters, for: a. developing trusting and supportive relationships with children in out of home care, youth detention or other residential youth justice facilities b. advocating on behalf of children by listening to, giving voice to and helping to resolve their concerns and grievances c. facilitating children’s access to support services d. inquiring about and reporting on children’s physical and emotional wellbeing e. inquiring about whether children’s needs are being met. 7. The program should include funding for a small number of legally trained child advocacy officers, also appointed by the Child Advocate (R 9.33), to assist children with more complex concerns and to support them in seeking independent review of departmental decision making. 

Recommendation 9.35 

Legislation establishing an independent Child Advocate in the Commission for Children and Young People should provide the Child Advocate with power to make a complaint to the Ombudsman on behalf of a child who is in out of home care, youth detention or another residential youth justice facility, seeking the child’s permission to do so first. 

Recommendation 9.36 

1. The Tasmanian Government should introduce legislation to: a. expand the jurisdiction of the Tasmanian Civil and Administrative Tribunal to include review of decisions of the Department for Education, Children and Young People in exercising its custody or guardianship powers— including decisions about where a child should live and arrangements for the child’s care  b. ensure children whose cases are subject to review have the right to express their views and participate in Tribunal proceedings c. give the Child Advocate the power to apply for a Tribunal review of a decision about the care arrangements for a child on behalf of the child, or on the Child Advocate’s own initiative d. grant parties, such as parents or carers, the right to apply for a Tribunal review depending on the nature of the decision. 2. To support their understanding of the experiences of children in out of home care, Tribunal members should be specifically trained in the nature and effects of trauma and child sexual abuse. 

Recommendation 9.37 

1. The Secretary of the Department for Education, Children and Young People should notify the Commission for Children and Young People of sexual abuse allegations involving children in out of home care that fall outside the Reportable Conduct Scheme, including incidents of child abuse by non-carers, and of the outcomes of investigations into those allegations. 2. The Commission for Children and Young People should have the power to require the Department to provide it with information about its responses to such allegations. 

Recommendation 9.38 

1. The Commission for Children and Young People should have the following functions in relation to out of home care: a. monitoring the operation of the out of home care system and the provision of out of home care services to children, by regularly monitoring data and conducting own motion systemic inquiries into aspects of the system b. conducting own motion inquiries into the services received by an individual child or group of children in out of home care c. making recommendations to the Government for out of home care system improvements d. advocating for individual children in out of home care, including supporting children to make complaints to the Ombudsman and to apply for independent reviews of departmental decision making  e. administering the independent community visitor scheme f. upholding and promoting the rights of children in out of home care. 2. The Commission should be fully resourced on an ongoing basis to perform these functions. 

Children in youth detention 

Addressing the legacy of abuse 

Recommendation 12.1 

The Tasmanian Government should close Ashley Youth Detention Centre as soon as possible. 

Recommendation 12.2 

Once Ashley Youth Detention Centre is closed, the Tasmanian Government should establish a memorial to victim-survivors who experienced abuse at the Centre. The form and location of the memorial should be decided in consultation with victim- survivors of abuse at Ashley Youth Detention Centre. 

Recommendation 12.3 

The Tasmanian Government should ensure no person who has been detained at Ashley Youth Detention Centre is detained or imprisoned in any redeveloped facility at the same site unless the person expresses a preference for this to occur. 

Recommendation 12.4 

The Department for Education, Children and Young People should work with the Office of the State Archivist to: a. establish a process to identify, recover, restore, collate, digitise, index and catalogue all historical records relating to children and young people and  staff at Ashley Youth Detention Centre, and all other children in, or staff or carers connected with, state care b. ensure digitised records are searchable, retrievable, secure and protected against corruption or loss c. determine which physical records should be retained following digitisation, and maintain these physical records in line with the National Royal Commission’s record-keeping principles d. determine protocols and guidance on how people who have been detained at Ashley Youth Detention Centre can access their records. 

Recommendation 12.5 

The Tasmanian Government should: a. conduct an audit of allegations arising from i. claims made under the Abuse in State Care Program, the Abuse in State Care Support Service and the National Redress Scheme ii. civil claims in relation to Ashley Youth Detention Centre or the out of home care system iii. complaints regarding Ashley Youth Detention Centre or the out of home care system to identify any current or former staff in government institutions or carers in the out of home care system who are the subject of child abuse allegations, including child sexual abuse b. ensure the names and details of any staff or carers identified by the audit are added to the cross-government register of misconduct (including unsubstantiated allegations) concerning child sexual abuse (R 20.9) c. ensure all relevant information derived from the audit is provided to Tasmania Police, Child Safety Services, the Registrar of the Registration to Work with Vulnerable People Scheme and the Independent Regulator under the Child and Youth Safe Organisations Act 2023, disciplinary action is considered, and the current safety of children in institutions prioritised d. require the Department of Justice to i. pass on to the Department for Education, Children and Young People and other relevant departments as a matter of urgency the full details (rather than a summary) of any relevant National Redress Scheme application or claim under any future state redress scheme that the Department of Justice administers ii. make appropriate notifications to Tasmania Police, Child Safety Services, the Registrar of the Registration to Work with Vulnerable People Scheme and the Independent Regulator under the Child and Youth Safe Organisations Act 2023 in relation to allegations in National Redress Scheme applications or claims under a future state redress scheme e. advocate at a national level to review the information-sharing framework in the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) and the National Redress Scheme’s Operational Manual for Participating Institutions to i. ensure information about current risks to children is reported to police, child protection authorities, authorities responsible for registration to work with children and administrators of reportable conduct schemes in the timeliest manner and by the most appropriate entity ii. identify the most appropriate point in the process for the National Redress Scheme Operator to seek consent from applicants to share information with relevant authorities f. implement systems to enable future monitoring of National Redress Scheme applications, claims under any future state redress scheme and civil claims to identify current staff in government institutions or carers in the out of home care system who are the subject of child abuse allegations, including by adding relevant information to the recommended register of misconduct concerning child sexual abuse (R 20.9) g. make appropriate supports available to victim-survivors who disclose abuse at Ashley Youth Detention Centre, including warm referrals, with permission, to sexual assault counsellors who have training and experience in working with victim-survivors of child sexual abuse h. remove any barriers to information sharing that would prevent the implementation of this recommendation. 

Cultural change 

Recommendation 12.6 

The Department for Education, Children and Young People should: a. have appropriate processes in place to ensure leaders in youth detention have the knowledge, skills, aptitude and core capability requirements to effectively manage people and to lead a child safe organisation b. ensure the person who holds the position of Executive Director, Services for Youth Justice, has knowledge and understanding of youth justice and therapeutic models of care in youth justice, and experience in providing strategic direction and leadership c. ensure cultural change in youth detention is included in the key performance indicators of the Secretary, Associate Secretary and Executive Director, Services for Youth Justice d. reclassify the position of Manager, Custodial Youth Justice from Band 8 in the Tasmanian State Service Award to at least a Senior Executive Service Level 1 e. ensure the position description and performance measures for the role of Manager, Custodial Youth Justice include implementing cultural change in youth detention. 

Recommendation 12.7 

The Tasmanian Government should: a. develop measures to monitor and evaluate progress towards cultural change in youth detention and include these in the Outcomes Framework under the Youth Justice Blueprint and associated action plans b. include monitoring and evaluation of progress towards cultural change in youth detention in the Youth Justice Reform Governance Framework c. urgently begin data collection and monitoring of progress towards cultural change d. ensure there is an ongoing governance structure to oversee and monitor the functioning of the youth justice system, including the performance and culture of youth detention, beyond the implementation of the youth justice reforms  e. fund the Department for Education, Children and Young People to immediately appoint a culture change manager at Ashley Youth Detention Centre reporting to the Centre Manager and whose role is to work with and support the Centre Manager to i. drive cultural change in youth detention ii. create a child safe organisation iii. establish a positive, collaborative and supportive working environment f. maintain the culture change manager position or function beyond the closure of Ashley Youth Detention Centre for as long as monitoring indicates there is a need for it. 

Recommendation 12.8 

The Department for Education, Children and Young People should, in consultation with the new Commission for Children and Young People (R 18.6), develop an empowerment and participation strategy for children and young people in detention, having regard to best practice principles for children’s participation in organisations. The strategy should include: a. the establishment of a permanent advisory group that i. includes children, young people and young adults up to the age of 25 years with previous experience of youth detention in Tasmania, including Aboriginal people and people with disability ii. has clear terms of reference developed in consultation with young people with experience of detention iii. enables its members to participate in a safe and meaningful way and express their views on measures to empower children and young people in detention (including the role and purpose of the Resident Advisory Group) and achieve cultural change in detention iv. meets regularly and is chaired by a person independent of the Department and attended by a senior departmental leader v. is adequately funded and resourced b. a review of the Ashley Youth Detention Centre Resident Advisory Group to ensure it conforms with best practice principles for children’s participation and provides a safe forum for children and young people in detention to express their views, including on measures to achieve cultural change in detention, without fear of reprisal  c. a consultation forum for children and young people in any youth detention facility that replaces Ashley Youth Detention Centre d. mechanisms to ensure children and young people in detention are aware of their rights e. regular monitoring and evaluation of the effectiveness of the empowerment and participation strategy. 

Recommendation 12.9 

The Department for Education, Children and Young People should: a. initiate a change management process that includes identifying the aptitudes, attitudes and capabilities expected of youth workers, and requires all current youth workers to reapply for their positions b. ensure individuals recruited to the youth worker role hold a relevant Certificate IV qualification before starting or complete such a qualification within a year of starting, and have appropriate attributes, attitudes and skills to build positive relationships and work therapeutically with children and young people in youth detention c. create incentives for ongoing professional development by supporting youth workers to complete higher qualifications and providing for operational career progression to a senior youth worker role d. maintain a sufficient level of youth workers to implement a therapeutic model of care in youth detention and to ensure the safety and wellbeing of children, young people and staff e. establish an ongoing biannual recruitment process for youth workers f. ensure the induction program and continuing professional development for youth workers are based on best practice principles and include i. expected standards of behaviour in interacting with children and young people ii. a focus on children and young people’s human rights, particularly in relation to isolation, force, restraints and personal searches iii. approaches to setting fair, clear and firm boundaries for children and young people’s behaviour within a therapeutic, trauma-informed framework iv. training in all custodial policies and procedures  g. ensure newly recruited youth workers are not eligible to start work until they have satisfactorily completed the induction program, followed by two weeks of ‘buddy shifts’ h. develop a clear policy on the appropriateness of providing training, counselling or direction to detention centre staff members who have repeatedly demonstrated resistance to change i. urgently develop a staffing contingency plan to ensure children and young people in detention are not subjected to lockdowns caused by staff shortages j. consider introducing mechanisms to attract more youth workers, such as an allowance or loading that reflects the regional location of Ashley Youth Detention Centre and the current high-risk environment of youth detention k. implement other supports for Ashley Youth Detention Centre staff in relation to allegations of child sexual abuse against their colleagues and strengthen support for youth workers and other detention centre staff following critical incidents in detention, such as riots, assaults, attempted suicide and self- harm, by providing psychological first aid, additional support from skilled psychologists on an ‘as needs’ basis and, where appropriate, critical incident debriefing facilitated by a neutral and trained expert. 

Recommendation 12.10 

The Department for R, Children and Young People, in developing a professional conduct policy (R 20.2), should ensure: a. there is a separate professional conduct policy for staff who have contact with children and young people in detention facilities and other residential youth justice facilities b. the professional conduct policy for detention facilities and other residential youth justice facilities, in addition to the matters set out in R 20.2, specifies expectations outlined in other relevant custodial policies and procedures, including those on the use of force, isolation and personal searches of children and young people in detention c. the professional conduct policy for youth detention and other residential youth justice facilities spells out expected standards of behaviour for volunteers, contractors and sub-contractors d. the Department uses appropriate mechanisms to ensure compliance by volunteers, contractors and sub-contractors with the professional conduct policy. 

Reducing the number of children in youth detention 

Recommendation 12.11 

The Tasmanian Government should: a. introduce legislation to increase the minimum age of criminal responsibility to 14 years, without exception b. develop and provide a range of community-based health, welfare and disability programs and services that are tailored to meet the needs of children and young people under the age of 14 years who are engaging in antisocial behaviour, and to address the factors contributing to that behaviour c. work towards increasing the minimum age of detention (including remand) to 16 years by developing alternatives to detention for children aged 14 and 15 years who are found guilty of serious violent offences and who may be a danger to themselves or the community. 

Recommendation 12.12 

The Tasmanian Government should ensure legislation to replace or amend the Youth Justice Act 1997 contains updated general principles of youth justice that reflect contemporary understandings of child development, children’s antisocial behaviour and children’s needs. 

Recommendation 12.13 

1. The Tasmanian Government, in reviewing current diversion processes and developing a Diversionary Services Framework, should: a. examine the exercise of police discretion to determine whether opportunities for cautioning and community conferencing are being maximised, particularly for Aboriginal children and young people, and children and young people without a strong family support network b. commission research to examine the effectiveness of formal cautions imposed with undertakings and the sanctions imposed by community conferences, to ensure they are proportionate to the alleged offending and not unnecessarily onerous  c. introduce legislation to widen the range of alleged offences in respect of which diversion may be pursued and create a presumption in favour of pre-court diversion for children and young people. 2. The Tasmanian Government should begin statewide delivery of new diversion programs under the Diversionary Services Framework by 2025. 

Recommendation 12.14 

The Tasmanian Government, to maximise opportunities for children and young people to be admitted to bail and minimise the number of children and young people on remand, should: a. introduce legislation to i. require bail decision makers to consider the matters specified in section 3B of the Bail Act 1977 (Vic) when determining bail for a child, as well as the child’s age (including their developmental age at the time of the alleged offence), Aboriginal status and any previous experience of trauma or out of home care ii. prohibit the refusal of bail to a child on the sole ground that the child does not have any, or any adequate, accommodation b. examine the effectiveness of the existing bail support program with a view to expanding its capacity and funding additional bail support programs c. establish and fully resource a statewide 24-hour bail system for children and young people with i. specialised and trained decision makers who have knowledge of children and young people, Aboriginal children and young people, and the impact of trauma ii. access to corresponding bail support services iii. access to legal representation for children and young people d. ensure its proposed assisted bail facilities i. are small, homelike and, subject to bail conditions, do not place restrictions on the movements of children and young people ii. have the capacity to deal with children and young people with complex needs   iii. are designed to include wraparound services, such as health, education and employment iv. are culturally safe for Aboriginal children and young people v. include specialist, therapeutically trained bail support workers to help children and young people attend programs and services, and to comply with their conditions of bail. 

Recommendation 12.15 

The Tasmanian Government should: a. ensure any legislation designed to amend or replace the Youth Justice Act 1997 provides that i. rehabilitation is the primary purpose of sentencing a child ii. the list of sentencing options is a hierarchy and a sentencer can only impose a sentence at a particular level of the hierarchy if satisfied that it is not appropriate to impose a sentence that is ‘lower’ in the hierarchy iii. a sentence imposed on a child should be the minimum intervention required in the circumstances iv. a custodial sentence must only be imposed as a last resort and for the minimum period necessary v. in sentencing a child the court must consider the child’s experience of trauma, any child protection involvement or experience of out of home care, disruptions to the child’s living situation or education, any mental illness, neurological difficulties or developmental issues experienced by the child, and the child’s chronological age and developmental age at the time of sentencing vi. in sentencing an Aboriginal child, the court must consider additional factors including the consequences of intergenerational trauma, historical discriminatory policies, general and systemic racism, and any previous culturally inappropriate responses that may have worsened the effects of trauma on the child vii. there is a presumption against imposing restrictive conditions (such as curfews and non-association conditions) with community-based sentencing orders, which may increase a child’s likelihood of breaching a sentencing order and being sentenced to detention b. ensure children who are sentenced to a supervised community-based order receive adequate support to comply with the conditions of the order from therapeutically trained, culturally competent staff c. assist and support the Magistrates Court to establish a new division of the Court to hear and determine both child protection matters and criminal charges against children and young people, which should be constituted by at least three dedicated full-time magistrates with specialist knowledge and skills relating to children and young people d. support the Magistrates Court to arrange for the implementation and operation of the Court’s new specialist division to be independently evaluated after three years e. fund the Magistrates and Supreme Courts to provide professional development for judicial officers hearing matters involving children and young people in the adult jurisdiction, in areas including child and adolescent development, trauma, child and adolescent mental health, cognitive and communication deficits, and Aboriginal cultural safety. 

Creating a child-focused youth detention system 

Recommendation 12.16 

The Tasmanian Government should ensure its proposed new detention facility (and any future detention facilities) are small and homelike and incorporate design features that reflect best practice international youth detention facilities. This includes features that: a. promote the development of trusting and therapeutic relationships between staff and children and young people b. facilitate and enhance trauma-informed, therapeutic interventions for children and young people c. minimise stigma to children and young people d. facilitate and promote connections between children and young people, and their families and communities e. protect children and young people against the risks of child sexual abuse (including harmful sexual behaviours)—for example, by enabling line-of-sight supervision as far as possible, without infringing on children and young people’s privacy. 

Recommendation 12.17 

1. The Tasmanian Government, to enhance the safety of children and young people in Ashley Youth Detention Centre and any new detention facility, should: a. ensure all public areas of the facility are subject to electronic surveillance b. introduce viewing panel swipe readers c. introduce body-worn cameras, supported by comprehensive policies and procedures for their use by staff d. develop and implement a policy for managing and retaining surveillance footage that i. takes account of the record-keeping principles identified by the National Royal Commission and the disposal freeze on records relating to children issued by the Office of the State Archivist ii. promotes transparency of staff conduct and enables regular audits of staff performance to be undertaken iii. requires footage to be made available on a timely basis on the lawful request of a government department or oversight body. 2. The Commission for Children and Young People (R 18.6) should annually review the use of electronic surveillance in detention to determine whether it increases children and young people’s feelings of safety in detention and should continue to be used. The initial review should seek the views of children and young people at Ashley Youth Detention Centre on whether electronic surveillance should be deployed in the proposed new detention facility. 

Recommendation 12.18 

1. The Tasmanian Government should ensure: a. use of the Behaviour Development Program is discontinued in Ashley Youth Detention Centre and not adopted in any new detention facility b. the Youth Justice Model of Care planned to be developed by 2025 includes a specific operating philosophy, service objectives and service standards for detention facilities that are based on non-punitive, child-centred, trauma- informed, culturally safe practice and reflect international best practice in youth justice   c. staff in youth detention facilities have the skills needed to undertake evidence- based, trauma-informed, child-centred interventions with children and young people, including the skills to anticipate, de-escalate and respond effectively to challenging behaviours without resorting to force or restrictive practices d. implementation of the Youth Justice Model of Care and updated Practice Framework for youth detention is monitored by the governance structure outlined in R 12.7. 2. The Custodial Inspector, or the body responsible for inspection standards for youth detention centres in Tasmania, should review standards and guidelines on the appropriate use in youth detention of behaviour management programs that incorporate incentives and rewards, having regard to international best practice and research on effective responses to children and young people with trauma backgrounds and emotional regulation challenges. 

Recommendation 12.19 

The Tasmanian Government should: a. establish clear processes and guidelines for assessment, case planning and case management for children and young people in detention, to enable the delivery of tailored, multidisciplinary, therapeutic responses to each child and young person as part of their daily routine, which meet their health and wellbeing needs and address the factors contributing to their offending behaviour b. implement a collaborative, multidisciplinary approach to responding to each child and young person in detention that includes all relevant service providers and, to the greatest extent possible, the child or young person’s family c. develop a memorandum of understanding between agencies involved in delivering services to children and young people in detention, including child protection, health, disability support and education that i. describes the roles and responsibilities of each agency in case planning and case management ii. commits to agencies adopting a collaborative, child-centred approach iii. contains clear protocols for record keeping, information sharing, incident reporting and dispute resolution  d. ensure each child or young person in detention (and/or their representative) is given the opportunity to participate in case planning and case management processes, express their views and have those views given due weight e. ensure each child and young person on remand has access to therapeutic services and supports, with statutory protections that prohibit using disclosures made during interventions and programs on remand as evidence of guilt. 

Recommendation 12.20 

The Tasmanian Government should ensure: a. there are appropriate mechanisms and pathways for children in contact with the criminal justice system to be diverted to the mental health system for assessment and treatment b. the proposed Youth Forensic Mental Health Service provides timely referral and access to mental health treatment, care and support for children and young people when appropriate, whether they are under community-based supervision, in detention or not yet sentenced (including on remand) c. children and young people in detention have daily access to an onsite child and adolescent psychologist and fortnightly access to an onsite child and adolescent psychiatrist d. the proposed mental health inpatient unit for children and adolescents in Hobart provides for children and young people in detention. 

Recommendation 12.21 

The Tasmanian Government should ensure children and young people in detention (including on remand): a. receive a mental and physical health assessment on admission to the detention facility, and when needed while in detention b. have access to 24/7 medical care c. have a say in their mental and physical health care. 

Recommendation 12.22 

The Department for Education, Children and Young People should: a. ensure the Youth Justice Model of Care emphasises the central importance for children and young people in detention of access to high-quality education and vocational training that is tailored to their individual learning needs and that includes learning life skills b. make education programs and other structured activities accessible to all children and young people in detention (including on remand) c. ensure a child or young person’s access to educational programs or physical exercise in detention is not linked to, or limited by, their ranking in behaviour management programs d. develop and establish partnerships with community organisations to create employment and training opportunities for children and young people leaving detention. 

Recommendation 12.23 

The Department for Education, Children and Young People should: a. develop and implement a policy that recognises the importance to children and young people in detention of maintaining or building connections with their family and community and i. specifies ways to promote such connections, including through visits, temporary leave and phone or video calls ii. clearly states that entitlements to visits, temporary leave and phone or video calls cannot be denied on the basis of a child or young person’s behaviour b. provide reasonable assistance (including financial help) to members of a child or young person’s family or Aboriginal community to enable them to visit the child or young person frequently, where families or Aboriginal community members have barriers to accessing the youth detention facility. 

Recommendation 12.24 

The Tasmanian Government should: a. establish an integrated throughcare service for children and young people in detention that i. begins exit planning as soon as possible after a child or young person enters detention for the provision of safe and stable accommodation, access to physical and mental health support, and assistance with education or employment after release to facilitate their reintegration into the community ii. provides increased access to the detention facility for staff of community-based providers of post-release services iii. adopts a collaborative, child-centred, cross-organisation approach involving child protection, housing, health, disability support and education services, supported by a memorandum of understanding and clear policies and procedures iv. involves the child or young person and, to the greatest extent possible, their parent, guardian or other significant adult in exit planning v. includes post-release wraparound support services for children and young people vi. is culturally safe for Aboriginal children and young people b. deliver community-based schooling options for children and young people with complex behavioural challenges, including those who are or have been involved in the youth justice system, to provide appropriate learning environments for children to transition to when they leave detention. 

Recommendation 12.25 

The Tasmanian Government should introduce a new process for approving transfers of young people from youth detention to an adult prison facility that: a. limits transfers to young people aged 16 years or older b. requires the Department for Education, Children and Young People to notify the Commission for Children and Young People (R 18.6) of any proposed transfer  c. requires the Department to apply to the Magistrates Court (Youth Justice Division) or the new specialist children’s division of the Magistrates Court (R 12.15) for approval to transfer d. requires the Magistrates Court, in determining whether to approve the transfer, to consider, among other matters, the steps the Department has taken to avoid the need for the transfer, whether the transfer is in the young person’s best interests and the views of the Commission for Children and Young People on the appropriateness of the transfer. 

Recommendation 12.26 

The Auditor-General should undertake an audit of the length of custodial stays at Ashley Youth Detention Centre to determine whether they align with sentencing orders. 

Aboriginal children in youth detention 

Recommendation 12.27 

1. The Tasmanian Government, to protect Aboriginal children and young people against the risk of sexual abuse in youth detention, should urgently develop, in partnership with Aboriginal communities, an Aboriginal youth justice strategy that is underpinned by self-determination and that focuses on prevention, early intervention and diversion strategies for Aboriginal children and young people. Aboriginal communities should be funded to participate in developing the strategy. 2. The strategy should consider and address, among other matters: a. legislative reform to enable recognised Aboriginal organisations to design, administer and supervise elements of the youth justice system for Aboriginal children and young people b. capacity building and funding for recognised Aboriginal organisations to participate in youth justice decision making in relation to Aboriginal children and young people, and to deliver youth justice services to Aboriginal children and young people c. the use of police discretion in the investigation and processing of Aboriginal children and young people, including cautioning, arrest, custody, charging and bail   d. alternative pre-court diversionary options for Aboriginal children and young people e. mechanisms to increase the likelihood of Aboriginal children and young people receiving bail and minimise the number of Aboriginal children and young people on remand, including culturally responsive supported bail accommodation and other bail assistance programs, and legislative reform to require bail decision makers to consider a child’s Aboriginal status f. mechanisms to support Aboriginal children and young people to comply with the conditions of community-based youth justice orders, to minimise their likelihood of breaching conditions and entering detention. 

Recommendation 12.28 

The Tasmanian Government should ensure: a. any new facilities intended to replace Ashley Youth Detention Centre are co-designed with Aboriginal communities and include culturally enriching environments for Aboriginal children and young people that promote connection to family, community and Country b. the Aboriginal youth justice strategy (Recommendation 12.27) considers whether a small, homelike facility that has Aboriginal staff, provides trauma- informed care and enables Aboriginal children and young people to connect with culture through the involvement of local Aboriginal communities, should be established specifically for Aboriginal children and young people who are remanded or serving a custodial sentence. Careful consideration should be given to the most appropriate management model for such a facility. 

Recommendation 12.29 

The Tasmanian Government should take steps to ensure Ashley Youth Detention Centre and any replacement facilities are culturally safe for Aboriginal children and young people. These steps should include: a. updating admission procedures and case management guidelines to require staff to i. ask children and young people who identify as Aboriginal whether they would like the support of an Aboriginal organisation or an Aboriginal community member while they are detained   ii. notify the nominated organisation or individual within 12 hours of the child or young person’s admission iii. facilitate the involvement of the child or young person’s nominated representative in case planning, case management and exit planning in respect of the child or young person b. updating relevant guidelines and procedures to require staff to consult with an Aboriginal child or young person’s community to determine how best to provide individual cultural support to the child or young person while they are in detention c. working with Aboriginal communities to establish ongoing cultural programs for Aboriginal children and young people in detention, such as visiting Elders programs, on-Country programs and cultural mentoring programs d. ensuring the new policy on supporting children and young people in detention to maintain connections to their families and communities (R 12.23) emphasises the central importance of connection to family, community and culture for the wellbeing of Aboriginal children and young people in detention e. establishing the role of Aboriginal liaison officer in youth detention to support Aboriginal children and young people, including by facilitating cultural support and becoming involved in case planning, case management and exit planning f. ensuring the updated Ashley Youth Detention Centre Learning and Development Framework is designed to equip staff with the knowledge and skills to provide a culturally safe environment for Aboriginal children and young people, including providing trauma-informed and culturally safe responses to children and young people engaging in self-harm or other challenging behaviours. Harmful sexual behaviours in youth detention 

Recommendation 12.30 

1. The Harmful Sexual Behaviours Support Unit (R 9.28) should develop detailed youth justice-specific policies, protocols and practice guidelines to support best practice responses to harmful sexual behaviours in youth detention and other residential youth justice facilities.  2. All incidents of harmful sexual behaviours in youth detention or other residential youth justice facilities should be reported to: a. the Harmful Sexual Behaviours Support Unit to enable data on harmful sexual behaviours in youth detention and other residential youth justice facilities to be included in the Department for Education, Children and Young People’s monitoring and oversight of harmful sexual behaviours through the new Quality and Risk Committee (R 9.5) b. the Commission for Children and Young People (R 18.6). 3. The Department should explore the potential to implement Power to Kids (or another program or approach with comparable components) in youth detention and other residential youth justice facilities as a supplementary strategy to address the heightened risk of harmful sexual behaviours in those settings and take a proactive approach to prevention. 4. The Tasmanian Government should ensure measures are in place to facilitate timely access to specialist therapeutic interventions for children in youth detention displaying or harmed by harmful sexual behaviours. Where treatment is likely to extend beyond their custodial sentence this should be provided by a clinician external to the detention centre who can continue the treatment after the child is released from detention. 

Searches, isolation and use of force 

Recommendation 12.31 

1. The Tasmanian Government should introduce legislation to amend the Youth Justice Act 1997 to ensure the Act expressly prohibits fully unclothed searches of children and young people in detention. 2. The Department for Education, Children and Young People should: a. introduce body scanner technology at Ashley Youth Detention Centre and include such technology in any facility designed to replace the Centre b. update the Department’s Personal Searches of Young People Detained at AYDC procedure to i. define a fully unclothed search as a form of child sexual abuse ii. explicitly outline the hierarchy of search options, from the least to the most intrusive   iii. align gender requirements for staff who conduct or observe searches with requirements in the Youth Justice Act 1997 iv. specify internal and external reporting requirements in relation to searches c. publish the personal searches procedure on the Department’s website d. consider what search policies and procedures, if any, should apply in the proposed new assisted bail and supported residential facilities e. ensure Ashley Youth Detention Centre (and any future detention facility) provides i. monthly reports on searches of children and young people in detention to the Secretary ii. quarterly reports on searches of children and young people in detention to the Quality and Risk Committee (R 9.5) to enable it to monitor trends and identify any areas of concern iii. the search register and all relevant supporting documentation to the Commission for Children and Young People (R 18.6) on a monthly basis or more frequently, as agreed with the Commission for Children and Young People. 

Recommendation 12.32 

1. The Tasmanian Government should introduce legislation to amend the Youth Justice Act 1997 to ensure the Act: a. makes clear that confining a detainee in their room or unit and preventing them from having contact with other detainees (other than overnight) constitutes isolation, regardless of the label used to refer to the practice b. clarifies that the use of isolation as a punishment is a prohibited action and makes it a criminal offence for a person to punish a detainee by isolating them or causing them to be isolated c. refers expressly to the principle that isolation should only be used as a measure of last resort and for the minimum time necessary.  2. The Department for Education, Children and Young People should: a. update the Department’s Use of Isolation procedure to i. make clear that confining a detainee in their room or unit and preventing them from having contact with other detainees (other than overnight) constitutes isolation, regardless of the label used to refer to the practice ii. specify clearly who is a delegate of the Secretary or the detention centre manager for the purpose of authorising isolation and extensions of isolation iii. require isolation beyond three hours to be authorised by a senior departmental official such as a Director iv. specify internal and external reporting requirements in relation to isolation b. publish the updated Use of Isolation procedure on the Department’s website c. ensure Ashley Youth Detention Centre (and any future detention facility) records information on lockdowns, including the reason for the lockdown, details of authorisation processes, the duration of the lockdown, the number of children and young people isolated during the lockdown, measures adopted during the lockdown to meet the needs of children and young people and support their health and wellbeing, and steps taken after the lockdown to address its effects on children and young people d. ensure Ashley Youth Detention Centre (and any future detention facility) provides i. monthly reports on isolation and lockdowns in detention to the Secretary ii. quarterly reports on the isolation of children and young people in detention and lockdowns to the Quality and Risk Committee (Recommendation 9.5) to enable it to monitor trends and identify any areas of concern iii. the isolation register (with all relevant supporting documentation) and separate data on lockdowns to the Commission for Children and Young People (R 18.6) on a monthly basis or more frequently, as agreed with the Commission for Children and Young People e. publish quarterly data on isolation and lockdowns in youth detention. 

Recommendation 12.33 

1. The Tasmanian Government should introduce legislation to amend the Youth Justice Act 1997 to provide that: a. subject to sections 25E and 133, force may only be used when reasonable and necessary to prevent an imminent and serious threat of harm to a person or to prevent an imminent escape, and when all other means of control have been exhausted b. force must be used for the minimum time necessary c. force must never be used to punish a child or young person, or solely to secure their compliance with an instruction or direction d. using force in contravention of the Act is a criminal offence. 2. The Department for Education, Children and Young People should: a. update the Department’s Use of Force procedure to i. require all uses of force to be immediately reported to a senior departmental official, such as a Director, in addition to identifying the use of force as part of an incident report ii. require every child or young person who has been subjected to the use of force to be provided with health care and offered the opportunity to discuss the incident with a staff member who was not involved iii. require parents and carers of a child or young person who has been subjected to the use of force to be notified iv. specify internal and external reporting requirements in relation to the use of force b. publish the updated Use of Force procedure on the Department’s website c. ensure Ashley Youth Detention Centre (and any future detention facility) provides i. monthly reports on the use of force in detention to the Secretary ii. quarterly reports on the use of force in detention to the Quality and Risk Committee (R 9.5) to enable it to monitor trends and identify any areas of concern iii. the use of force register and all relevant supporting documentation to the Commission for Children and Young People (R 18.6) on a monthly basis or more frequently, as agreed with the Commission for Children and Young People. 

Recommendation 12.34 

1. The Department for Education, Children and Young People should provide regular joint training and professional development for staff who have contact with children and young people in youth detention facilities and relevant staff of the Youth Justice Services directorate on laws, standards, policies and procedures regarding the use of isolation, the use of force and searches of children and young people in detention to ensure consistency in understanding and application. This training should be mandatory. 2. Tasmania Police should ensure its members receive regular training and guidance on laws and procedures on the use of isolation, the use of force and searches of children and young people in detention to enable police to readily identify conduct that falls outside the parameters of acceptable professional conduct among staff and may constitute a criminal offence. 

Responding to concerns, complaints and critical incidents in detention 

Recommendation 12.35 

The Department for Education, Children and Young People should: a. update its complaints procedure and practice advice for youth detention to i. address structural barriers to making complaints in detention and include developmentally appropriate communication methods at all stages ii. require concerns, regardless of the form in which they are raised, to be recognised, recorded and actioned as a complaint where the person raising the concern wants to make a complaint iii. define child sexual abuse (including sexual misconduct, grooming and harmful sexual behaviours) and boundary breaches iv. require all complaints and concerns involving allegations of child sexual abuse and related conduct or other harms to children (including the inappropriate use of force, isolation or searches) by staff, breaches of the State Service Code of Conduct or the professional conduct policy for youth detention (R 12.10) and reportable conduct as defined by the Child and Youth Safe Organisations Act 2023 to be referred immediately to the new Child-Related Incident Management Directorate for response (R 6.6) v. require all incidents involving harmful sexual behaviours to be reported to the Harmful Sexual Behaviours Support Unit (Recommendation 9.28) vi. clearly specify mandatory and voluntary reporting obligations for staff in relation to Tasmania Police, Child Safety Services, the Registrar of the Registration to Work with Vulnerable People Scheme and the Independent Regulator under the Child and Youth Safe Organisations Act 2023 vii. set timeframes for responding to complaints viii. specify requirements for communicating with and providing support to complainants and other affected parties, including parents or carers of affected children and young people ix. clarify the requirements for recording complaints and outcomes of complaint investigations to enable the monitoring of trends for quality, safety and governance purposes x. include procedures for making and responding to complaints in relation to other residential youth justice facilities, including the proposed assisted bail and supported residential facilities b. ensure staff in detention and other residential youth justice facilities understand and comply with their role in responding to complaints, including complaints about child sexual abuse, and have a clear process for raising safety concerns about other staff c. use a range of child-friendly tools to ensure children and young people in detention and other residential youth justice facilities are aware of complaints processes and understand the steps facility staff and the Department will take in response to a complaint, including a complaint about child sexual abuse d. ensure a child-friendly guide to making a complaint and explaining complaints procedures, including the circumstances under which complaints made to oversight bodies may be referred to the Department, is readily accessible on the Department’s website, as well as a guide for adults wishing to make a complaint on behalf of a child in detention or another residential youth justice facility e. ensure there are staff in the Child-Related Incident Management Directorate with expertise in youth justice, including an understanding of the risks of child sexual abuse in detention and the characteristics of mistreatment and abuse in detention environments. 

Independent oversight of youth detention 

Recommendation 12.36 

The Tasmanian Government, in establishing and resourcing the new independent community visitor scheme (R 9.34), should ensure: a. independent community visitors visit children and young people in detention facilities weekly, at a minimum b. Aboriginal children and young people in detention or other residential youth justice facilities have access, wherever possible, to visits from an Aboriginal independent community visitor or from the Commissioner for Aboriginal Children and Young People, depending on the child’s preference c. independent community visitors have the necessary statutory powers to perform their functions, including the power to enter the facility, have access to children and young people in the facility and inspect the facility d. each facility where children and young people are detained or reside has a safe, dedicated space where independent community visitors can meet with children and young people and discuss concerns without being observed or overheard by staff or other children and young people. 

Recommendation 12.37 

The Ombudsman should develop written guidelines for its staff on managing complaints it receives containing allegations of child sexual abuse involving children in youth detention, other residential youth justice facilities or out of home care. Among other matters, these guidelines should include: a. the definition of child sexual abuse and related conduct, including sexual misconduct, grooming, harmful sexual behaviours and boundary breaches b. the process for reporting relevant allegations to Tasmania Police, Child Safety Services, the Registrar of the Registration to Work with Vulnerable People Scheme and the Independent Regulator under the Child and Youth Safe Organisations Act 2023 c. guidance on referring an allegation or complaint to an agency named in the complaint   d. guidance on communicating with child complainants on the referral of their complaints to other entities and the progress of investigations into their complaints e. processes for sharing information with other oversight bodies regarding the management of complaints (R 18.15). 

Recommendation 12.38 

The Tasmanian Government should ensure the Commission for Children and Young People (R 18.6): a. has functions and powers to monitor the operation of youth detention centres and other residential youth justice facilities, and the safety and wellbeing of, and the provision of services to, children and young people in detention, and in the youth justice system more broadly, by i. regularly monitoring and reviewing custodial population data and information on serious or adverse incidents (such as child sexual abuse, assaults, attempted suicide, self-harm, riots, escapes and property damage) and the use of isolation, force, restraints and searches ii. conducting regular onsite inspections of youth detention and other residential youth justice facilities iii. conducting own-motion systemic inquiries into issues that are identified through monitoring iv. conducting own-motion inquiries into the youth justice services received by an individual child or group of children b. has the power to enter adult prison facilities to visit children and young people in those facilities to monitor their safety and wellbeing c. is adequately resourced on an ongoing basis to fulfil its systemic monitoring functions. 

Recommendation 12.39 

The Tasmanian Government should: a. appoint the Commission for Children and Young People (R 18.6) as an additional National Preventive Mechanism under the United Nations Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), with expertise in child rights, child trauma, the prevention and identification of child abuse, the needs of Aboriginal children and young people and the needs of children and young people with disability, and with power to inspect places where children and young people are detained b. resource Tasmanian National Preventive Mechanisms sufficiently to allow them to effectively fulfil their functions under OPCAT. 

Children in health services 

A policy framework and implementation plan 

Recommendation 15.1 

The Department of Health should develop and communicate a policy framework and implementation plan for reforms to improve responses to child sexual abuse in health services. The policy and implementation plan should: a. set out the purpose and need for the reforms b. set out the role, responsibilities and interactions of bodies the Department has set up as part of the reforms c. explain how reforms, including departmental reforms and those recommended by the Child Safe Governance Review, Community Recovery Initiative and this Commission of Inquiry, will work together to respond to child sexual abuse in health services d. outline how the reforms are being prioritised for implementation and who is responsible for their implementation e. set out the expected timeframes for implementation f. be published on the Department’s website. 

Implementing the National Principles for Child Safe Organisations 

Recommendation 15.2 

1. The Tasmanian Government and Department of Health should continue to implement the National Principles for Child Safe Organisations across all health services. 2. The Tasmanian Government should advocate at a national level for compliance with the National Principles for Child Safe Organisations to be a mandatory requirement for accrediting health services against the National Safety and Quality Health Service Standards under the Australian Health Service Safety and Quality Accreditation Scheme. 

Protecting children through a safety culture 

Recommendation 15.3 

The Department of Health should ensure its cultural improvement program embeds a safety culture in health services by: a. requiring clear organisational values be observed across all levels of health services, including in relation to staff conduct b. establishing strong governance arrangements to address staff practices that place children at risk of abuse, and complementing established patient safety governance structures c. ensuring all levels of management demonstrate a commitment to a safety culture, including by addressing poor staff conduct d. clarifying roles and responsibilities among staff when there is a suspicion that child sexual abuse has occurred or that safety policies are not observed e. ensuring there are processes that hold senior managers and executives accountable to respond appropriately to the conduct of their staff, including through performance agreements and role descriptions f. establishing measures of a strong organisational culture that indicate an organisation   i. welcomes concerns about staff and sees them as an opportunity to improve safety for staff and patients ii. empowers staff to feel safe and supported to raise concerns about colleagues with their leaders and gives them confidence in the ability of leaders to respond to concerns and take disciplinary actions (including termination) where appropriate iii. ensures staff are clear about the process for raising concerns, how these concerns will be addressed and what feedback they can expect to receive g. providing progress reports to the Child Sexual Abuse Reform Implementation Monitor to demonstrate how these principles have been translated into policy and practice (R 22.1). 

Recommendation 15.4 

1. The Department of Health should consider integrating features of the St Vincent’s Health Australia’s Ethos Program into its cultural improvement program. 2. The Department of Health should ensure, in adopting its cultural improvement program, professional boundary breaches by staff towards a child are always formally reported, responded to and recorded in centralised records for future reference. Embedding child safety as a priority for leadership 

Recommendation 15.5 

The Department of Health should make health leadership accountable for embedding child safety as a priority, including by: a. ensuring that all relevant health leaders have an obligation to act consistently with the National Principles for Child Safe Organisations (reflected in Tasmania’s Child and Youth Safe Standards) in their role descriptions and performance agreements, with compliance with this obligation to be reviewed annually b. ensuring that the role descriptions and performance agreements of all staff providing services to children require them to protect child safety, with compliance with this obligation to be considered as part of annual performance reviews. 

Recommendation 15.6 

The Department of Health, to support health services become child safe organisations, should ensure: a. child safety, including safety from abuse in health services, is overseen by the governance and leadership structures established through the cultural improvement program b. child safety is built into the safety and quality systems of health services c. staff responsible for providing care to children have the knowledge and skills to respond to child safety concerns in line with the expectations of a child safe organisation and relevant health service policies, including being equipped to identify and respond to indicators of child sexual abuse d. staff act consistently with the National Principles for Child Safe Organisations (reflected in Tasmania’s Child and Youth Safe Standards) when performing their work, including in discussions between health practitioners, health workers and children about care planning and treatment. 

Empowering children, families and carers 

Recommendation 15.7 

1. The Department of Health should establish a health services young people’s advisory group. The advisory group should: a. have a clear purpose and objectives b. be guided by clear terms of reference developed in consultation with children and young people c. comprise young people with significant lived experience of health services, including young people of different ages, from diverse backgrounds and with different care needs d. enable young people to contribute to decision making in a safe and meaningful way about issues that affect them e. allow young people to have a say in departmental strategies, policies, procedures and protocols that affect them f. be adequately funded and resourced.  2. Summaries of the health services young people’s advisory group meetings should be prepared and distributed to all senior executive teams in the Department. 3. The Department should report on the activities of the health services young people’s advisory group and on other engagement with children and young people through its annual report. 4. The Department should undertake other age-appropriate engagement with children to ensure as many children and young people as possible can take part in shaping health services. 

Recommendation 15.8 

1. The Department of Health should ensure consistent information is provided to patients, including suitable age-appropriate resources for children and young people and their families and carers, across its health services. These resources should include information on: a. requirements and expectations of a child safe organisation b. patient rights when receiving health care, including the rights of children and young people c. expected standards of behaviour for health service staff d. processes for raising concerns and making complaints internally and externally e. roles of health regulatory bodies in receiving complaints. 2. This information should be provided in formats that meet community needs, especially for those with less capacity to comprehend complex written text. 

Recommendation 15.9 

The Department of Health should require its health services to undertake regular and ongoing monitoring of children and young people’s sense of safety in health services to inform continuous improvements to child safety, including in the safety of the physical environment. 

Recommendation 15.10 

The Department of Health should work with relevant stakeholders to consider the needs and backgrounds of children and young people using health services, including Aboriginal children, children from culturally diverse backgrounds, children with disability, children with mental illness and children who identify as LGBTQIA+. The Department should consult with Aboriginal communities on how it can provide culturally safe spaces for Aboriginal children across its health services. 

Policies, procedures and protocols on child safety 

Recommendation 15.11 

1. The Department of Health should review and consolidate its policies, procedures and protocols. This review should prioritise identifying gaps in relation to safeguarding children and should inform the development and implementation of consistent statewide policies, procedures and protocols on child safety. 2. The Department’s safeguarding policies should include implementing the National Principles for Child Safe Organisations and other recommended policy changes (namely, policies on reporting obligations, professional conduct and providing a chaperone (R 15.12, 15.13 and 15.14)). 3. The Department should undertake regular scheduled reviews of its policies, procedures and protocols for child safety to ensure they continue to reflect best practice and organisational changes. 4. The Department should publish its policies, procedures and protocols for child safety on its website to promote transparency and ensure accessibility to staff, patients and their families. 

Recommendation 15.12 

1. The Department of Health should ensure there are up-to-date policies on mandatory and voluntary reporting obligations, including for concerns about staff conduct, and that these are effectively communicated to staff. These policies must not require that reporting be formally authorised. 2. The Department’s review of the Tasmanian Health Service Protocol – Complaint or Concern about Health Professional Conduct and associated documents should include:   a. a description of external reporting requirements in relation to child safety, including voluntary reporting pathways, and reporting to Tasmania Police, Child Safety Services, the Registrar of the Registration to Work with Vulnerable People Scheme, the Independent Regulator under the Child and Youth Safe Organisations Act 2023 and the Australian Health Practitioner Regulation Agency b. guidance on when it is appropriate to acquit mandatory reporting obligations by reporting concerns to a superior (for example, to avoid multiple notifications). This should make clear that a person is always entitled to make a notification to an external agency if they wish to do so c. a list of internal contacts for staff who have questions about child safety concerns and their reporting obligations. 

Recommendation 15.13 

1. The Department of Health, in developing a professional conduct policy (R 20.2), should ensure: a. there is a separate professional conduct policy for staff who have contact with children and young people in health services b. the professional conduct policy for health services, in addition to the matters set out in R 20.2 i. specifies expectations outlined in other relevant Department of Health policies and procedures ii. refers to other professional obligations of registered health practitioners, including those developed by the Australian Health Practitioner Regulation Agency and the National Boards iii. reflects the specific risks that arise in health services, particularly the sometimes intimate and invasive nature of health services, and the significant trust and power afforded by patients and the broader community to those providing health services c. the professional conduct policy for health services spells out expected standards of behaviour for volunteers, contractors and sub-contractors d. the Department uses appropriate mechanisms to ensure compliance by volunteers, contractors and sub-contractors with the professional conduct policy for health services. 2. The professional conduct policy for health services should be reinforced through professional development requirements (R 15.15). 

Recommendation 15.14 

The Department of Health’s chaperone (or Accompanying Person/Observer) policy should be updated to require the presence of an extra staff member during examinations or episodes of care where no family member or carer can be present. 

Professional development for health service staff 

Recommendation 15.15 

1. The Department of Health should identify minimum requirements for professional development on child safety for different levels of staff, including staff, volunteers and contractors, as well as leadership. Professional development should cover, at a minimum: a. understanding child sexual abuse (including grooming and boundary breaches) b. the requirements and expectations of a child safe organisation c. mandatory and voluntary reporting obligations, including the role and function of Tasmania Police, Child Safety Services, the Registrar of the Registration to Work with Vulnerable People Scheme, the Independent Regulator under the Child and Youth Safe Organisations Act 2023 and the Australian Health Practitioner Regulation Agency d. relevant child safeguarding policies and procedures. 2. The Department should have appropriate processes in place to ensure leaders have the knowledge, skills, aptitude and core capability requirements to effectively manage people and to lead a child safe organisation. 3. The Department should develop outcomes-based measures of the effectiveness of child safety professional development initiatives for all categories of staff, volunteers, and contractors, including management, leadership, human resources, and professional and non-professional staff. 4. These outcomes-based measures should be reviewed annually and the results used to inform further professional development initiatives and leadership selection. 

Improving responses to child sexual abuse 

Recommendation 15.16 1. The Department of Health should have a specific policy on responding to complaints and concerns about staff conduct. The policy should establish a complaints escalation, management and investigation process that is informed by the following principles: a. Complaints processes should be well-understood, trusted and accessible to staff, patients and others. b. Complaints processes should have clear escalation processes, internal and external reporting requirements within specific timeframes, and address immediate risks to children’s safety. c. There should be appropriate scrutiny and oversight of how complaints about child safety are escalated to senior staff, managed and recorded. d. Complaints about child safety should be recorded comprehensively and stored securely in incident management (such as the Safety Reporting and Learning System) and human resources systems. e. Complaints about unprofessional conduct and boundary breaches with child patients should be recognised as indicating a patient safety issue and treated as serious. f. Complaints data should support decision making and inform system improvements. g. There should be appropriate communication and supports provided to those making complaints or affected by the alleged conduct, including through open disclosure processes (R 15.18). 2. The policy should include a diagram showing the complaints escalation, management and investigation pathways for child safety concerns and associated governance and review arrangements. It should also outline the roles and responsibilities of the various bodies involved in responding to child safety concerns. 3. This policy and diagram should be available to health service users and the public. 

Recommendation 15.17 1. The Department of Health should establish a separate Health Services Child- Related Incident Management Directorate or partner with the Child-Related Incident Management Directorate (R 6.6) to respond to allegations of child sexual abuse and related conduct by staff, breaches of the State Service Code of Conduct and professional conduct policies, and reportable conduct (as defined by the Child and Youth Safe Organisations Act 2023) in health services. 2. If the Department partners with the Child-Related Incident Management Directorate, it should ensure the directorate has access to specialised advice to inform investigations against health services staff, particularly where allegations have arisen in the context of provision of health care. 3. If the Department establishes a new Health Services Child-Related Incident Management Directorate, it should mirror the functions and manner of operation reflected in the Child-Related Incident Management Directorate, including having three distinct roles and skill sets covering incident response management, investigations, and misconduct and disciplinary advice. 

Recommendation 15.18 

The Department of Health should ensure open disclosure processes for patients who experience child sexual abuse in health services and their families and carers that: a. create a safe, trauma-informed pathway for victim-survivors, or others affected by an event, to receive clear and personalised information in response to their questions or concerns b. facilitate appropriate notifications including to Tasmania Police, Child Safety Services, the Registrar of the Registration to Work with Vulnerable People Scheme, the Independent Regulator under the Child and Youth Safe Organisations Act 2023 and the Australian Health Practitioner Regulation Agency c. make appropriate supports available to affected people, including victim- survivors, their immediate family and carers, where abuse is connected to the Department’s health services, including warm referrals, with the person’s consent, to trained and experienced child sexual abuse counsellors. 

Recommendation 15.19 

The Department of Health should develop and implement a critical incident response plan for human-caused traumatic events where numerous staff and patients are affected, including serious child-related incidents. The response plan should: a. identify who is responsible for leading the response to a critical incident and set out the applicable reporting arrangements b. identify the steps to responding to a human-caused traumatic event (including incidents relating to child safety) c. provide for external assistance from experts with training and expertise in crisis management d. be based on best practice responses to traumatic events e. provide for early communication of information about the event f. provide psychological first aid to affected people g. provide extra support from skilled psychologists on an ‘as needed’ basis to affected people h. provide for information about other support services that can assist affected people i. facilitate communication and support among affected people as a means of social support j. provide for critical incident debriefing run by a neutral and trained expert where appropriate k. provide for a review of the Department’s response to the critical incident l. provide for an evaluation of any actions to be implemented as part of the Department’s response to the critical incident m. provide for any lessons from a review or an evaluation of the Department’s response to the critical incident, to be shared with the Secretaries Board to further inform responses to critical incidents across the whole of government. 

Restoring trust 

Recommendation 15.20 

1. The Department of Health, Launceston General Hospital and Tasmania Police should make clear that they will continue to assist, on an ongoing basis, known and as yet unknown victim-survivors of child sexual abuse by James Griffin related to the hospital and should nominate a contact person for people who have enquiries. 2. Assistance should include: a. outlining what is known about Mr Griffin’s offending at the hospital b. taking steps to ascertain whether a person is or may be a victim-survivor of Mr Griffin’s offending or clearly explaining why this cannot be done. 3. The Department and Launceston General Hospital’s communications with known and as yet unknown victim-survivors of Mr Griffin and their families and carers and the broader community should be informed by the principles of open disclosure. 4. Launceston General Hospital should ensure victim-survivors and their families and carers who do not receive individual open disclosure (R 15.18) still receive a warm referral to trained child sexual abuse counsellors if desired. 

Oversight 

Recommendation 15.21 

The Tasmanian Government should ensure a review of the Health Complaints Act 1995 is completed and considers the role of the Health Complaints Commissioner in relation to: a. addressing systemic issues within health services related to child safety b. incorporating the administration, monitoring and oversight of the Code of Conduct for Unregistered Health Care Workers c. coordinating with the role of the new Commission for Children and Young People (Recommendation 18.6), and the Independent Regulator under the Child and Youth Safe Organisations Act 2023. 

Criminal justice responses 

Police responses 

Recommendation 16.1 

1. The Tasmanian Government should fund and establish specialist units in Tasmania Police, based on the Victorian Sexual Offences and Child Abuse Investigation Teams model, to investigate child sexual abuse and to be based in three locations (Hobart, Launceston and the North West). 2. The specialist police units should: a. specialise in the investigation of child sexual abuse, including historical child sexual abuse (and potentially adult sexual assault) but not undertake domestic and family violence work unless it is directly connected to child sexual abuse (or adult sexual assault) b. be staffed by police officers who have undertaken specialised professional development (Recommendation 16.3) and members who have trauma- informed training (R 19.2) c. partner with other agencies and support services involved in responding to child sexual abuse to create multidisciplinary teams. These teams do not have to be co-located, although this may be appropriate in some areas d. have access to a ‘soft’ interview room, ideally offsite from police stations and potentially in multidisciplinary centres e. be directed to perform other policing duties only in exceptional circumstances and not as part of a unit’s usual roster f. support the wellbeing of police officers and members working in the specialist unit g. develop and implement strategies to engage and build trust with marginalised communities, particularly Aboriginal people and people with criminal histories (R 16.2). 3. Tasmania Police should measure and report on victim-survivor satisfaction with the operation of the specialist units within two years of establishment and regularly thereafter. 

Recommendation 16.2 

1. Tasmania Police should establish ways for people to report child sexual abuse online. 2. The Department of Justice and the Department for Education, Children and Young People should review their internal processes to make it easier for people in prison and youth detention to report abuse to the police or other bodies, including online or by phone hotline, and ensure appropriate confidentiality of reports. 3. Specialist police units (R 16.1) should develop a strategy to engage with ‘priority communities’, by implementing measures to develop relationships, build trust and encourage reporting of child sexual abuse, and to assist prevention and ‘disruptive’ policing (Recommendations 9.29 and 9.30). 4. Priority communities include: a. Aboriginal communities b. people who are or were in prison or youth detention c. people who are or were in out of home care (or youth support services). 

Recommendation 16.3 Tasmania Police should review its professional development on child sexual abuse to ensure: a. all police are trained in i. the dynamics of sexual abuse and the concept of grooming, and perpetrators’ use of these to facilitate a crime ii. myths and misconceptions about child sexual abuse and disclosure iii. responding to child and adult victim-survivors sensitively and with an understanding of trauma b. child sexual abuse specialist detectives are trained in i. approaches to interviewing child and adult victim-survivors and vulnerable witnesses, including the Whole Story framework (or similar specialist interviewer training)  ii. understanding the vulnerability of specific groups of children (such as those in out of home care and youth detention) and common myths about these children c. all police receive scheduled and regular refresher training and ongoing professional development. 

Recommendation 16.4 

1. Tasmania Police should develop and implement quality audit and assurance processes for investigating child sexual abuse offences, including random file sampling. 2. File sampling should: a. capture data on how well police are complying with procedures for investigating child sexual abuse offences, including the requirements set out in the Initial Investigation and Notification of Child Sexual Abuse Guidelines b. assess whether i. contact was made with the person reporting child sexual abuse ii. every effort was made to establish the victim’s identity and to assess and investigate the report, where appropriate iii. a thorough examination of intelligence on Tasmania Police databases was conducted iv. cross-agency and interstate requests for information checks were made to determine whether any intelligence held outside Tasmania might assist the investigation v. contact details of the investigating officer were provided to the victim, parent, guardian or other support person vi. a supervisor confirmed whether the above actions were taken c. capture data on the timeliness of investigations d. go beyond technical adherence to requirements and assess the overall quality of police investigative responses and outcomes for victim-survivors, including identifying any opportunities for improvement. 

Recommendation 16.5 

Tasmania Police should: a. review the adequacy and availability of equipment used to record evidence by video or audio, and ensure this equipment is available in all police facilities where victim statements relating to child sexual abuse are taken b. ensure specialist child sexual abuse police officers receive training on the use of recording equipment and refresher training if they have not used the equipment for six months or more. 

Recommendation 16.6 

1. The Department of Health should increase the availability of forensic medical examination services for child victim-survivors of sexual abuse to ensure all child victim-survivors can access an examination with minimal delay. To achieve this, the Department should: a. train existing adult sexual assault forensic medical examination services to examine child victim-survivors b. ensure, in areas of Tasmania where no sexual assault forensic medical examination services exist, suitably qualified local health professionals are trained and supported to conduct forensic medical examinations for child sexual abuse. 2. At a minimum, the training should include: a. an external, recognised qualification in forensic medical examinations b. external recognised training in sexual abuse care for children. 

Recommendation 16.7 

Tasmania Police should: a. establish a clear, publicly accessible process for reporting and responding to allegations of child sexual abuse against a member of Tasmania Police, including the ability to report to an entity independent of police such as the Integrity Commission b. expand the domestic violence review panel to cover child sexual abuse and ensure independence in investigations when a member is alleged to have been involved in child sexual abuse. 

Prosecutions 

Recommendation 16.8 

1. The Office of the Director of Public Prosecutions should provide ongoing professional development to staff on child sexual abuse, including: a. specialist training on trauma-informed practice b. training on issues that children and adult victim-survivors may face in giving evidence and approaches that can be taken to make the process trauma- informed, including the role of witness intermediaries c. training on the laws of evidence and procedure that apply in child sexual abuse cases d. training on the nature, causes and methods of child sexual abuse and grooming, including addressing common myths about child sexual abuse. 2. The Office of the Director of Public Prosecutions should also explore opportunities with Tasmania Legal Aid and the Law Society of Tasmania for joint training on the dynamics of child sexual abuse and trauma-informed practice. 

Offences, evidence and procedure 

Recommendation 16.9 

The Tasmanian Government should introduce legislation to amend the following provisions in the Criminal Code Act 1924: a. section 125A to remove all language referring to ‘maintaining a sexual relationship with a young person’ and replace it with words referring to the ‘persistent sexual abuse of a child or young person’ b. section 124A (the position of authority offence) to cover indecent acts with or directed at a child or young person under the age of 18 by a person in a position of authority in relation to that child or young person. The offence should i. not apply where the person accused of the offending is under the age of 18 at the time of the offence ii. qualify as an unlawful sexual act for the purposes of the offence of ‘persistent sexual abuse of a child or young person’ under section 125A of the Criminal Code Act 1924  c. section 125E (the offence of failure by a person in authority to protect a child from a sexual offence) to ensure the offence does not apply to a person who was under the age of 18 at the time of the offence. 

Recommendation 16.10 

1. The Tasmanian Government should extend the Witness Intermediary Scheme to include children who are under investigation for, or who have been charged with, sexual offences, and fund it to do so. 2. The Tasmanian Government should consider whether legislation should be enacted requiring police to use witness intermediaries in police interviews of children and young people and adults with communication needs (including defendants), relating to sexual offences. 

Recommendation 16.11 1. The Tasmanian Government should introduce legislation to amend the Evidence (Children and Special Witnesses) Act 2001 to simplify the legislation to clarify when special measures are available to adults who are complainants in trials relating to child sexual abuse and allow them to: a. have a support person present when they give evidence in court b. give their evidence at a special hearing before the trial unless the judge considers that this would be contrary to the interests of justice, regardless of whether the accused consents c. be shielded from the view of the accused person by a screen or partition if they choose to give evidence in court. 2. The Tasmanian Government should ensure courts, public defence counsel (such as Tasmania Legal Aid) and the Office of the Director of Public Prosecutions are appropriately funded to carry out this recommendation. 

Recommendation 16.12 

The Tasmanian Government should: a. update the audiovisual equipment available to the Supreme and Magistrates Courts b. discuss with the Supreme and Magistrates Courts ongoing training for relevant staff on using audiovisual equipment. 

Recommendation 16.13 

The Tasmanian Government should introduce legislation to extend the principles of section 13B of the Family Violence Act 2004 to sexual assault matters, including child sexual abuse. This will ensure that where a person is acquitted in the Magistrates Court because the prosecution has informed the Court it will not be offering any evidence in support of the charge, the acquittal does not prevent admitting evidence of relationship, tendency or coincidence evidence in a later related matter. 

Recommendation 16.14 

The Tasmanian Government should, in similar terms to sections 199, 204 and 205 of the Criminal Procedure Act 2009 (Vic), amend the Criminal Code Act 1924 (including section 361A) to: a. allow pre-trial rulings or orders to be made before the accused person has entered a plea b. provide that such pre-trial rulings or orders are binding on a trial judge, even where a different judge made the order, unless the trial judge considers that would not be in the interests of justice c. provide that such pre-trial rulings or orders apply at a new trial unless this would be inconsistent with any order or decision made on an appeal or would not be in the interests of justice. 

Recommendation 16.15 

The Tasmanian Government should introduce legislation to: a. require trial judges to explain to juries the difficulties child witnesses often face in giving evidence in court, and the distinctive ways in which they give evidence, in cases where the reliability or credibility of a child witness is likely to be in issue, in similar terms to section 44N of the Jury Directions Act 2015 (Vic) b. provide that in jury trials of a person accused of a child sexual abuse offence, if a party so requests, the judge must, unless the judge considers there are good reasons for not doing so, direct the jury that i. children who have been subjected to child sexual abuse respond in a variety of ways and some children who have been abused do not avoid the alleged perpetrator ii. disclosure of abuse may occur over time and not all on one occasion c. prohibit, in similar terms to section 294AA of the Criminal Procedure Act 1986 (NSW), a judge in a trial of a person indicted for sexual offences against a child from i. warning a jury against convicting the accused person solely because the only evidence is the evidence of the complainant ii. directing the jury about the danger of conviction in the absence of corroboration d. amend the Evidence Act 2001, in similar terms to section 52 of the Jury Directions Act 2015 (Vic), to require a trial judge who considers that delay in complaining is likely to be raised in a trial for a child sexual abuse offence to inform the jury that i. people react differently to sexual abuse and there is no typical, proper or normal response to a sexual offence ii. some people may complain immediately to the first person they see, while others may not complain for some time, and others may never make a complaint iii. it is common for a person to delay making a complaint of sexual abuse, particularly if it occurred when they were a child iv. there may be good reasons why a person may not complain, or may delay complaining about sexual abuse   e. amend the Evidence Act 2001 to provide that the warnings and directions can be i. given by a judge to the jury at the earliest opportunity, such as before the evidence is called or as soon as practicable after it is presented in the trial ii. repeated by the judge at any time during the trial iii. given by the judge’s own motion, or if requested by either party before the trial or at any time during the trial. 

Recommendation 16.16 

The Tasmanian Government should: a. fund the Supreme Court to support the professional development of judicial officers on the dynamics of child sexual abuse and trauma-informed practice b. consider introducing legislation dealing with the responsibility of the Chief Justice to direct the professional development and continuing education and training of judicial officers, in similar terms to section 28A of the Supreme Court Act 1986 (Vic). 

After a conviction 

Recommendation 16.17 

The Tasmanian Government should ensure preventive programs for adults who are at risk of abusing, or have abused, children are available beyond the custodial setting. These programs should be: a. properly funded b. align with the practice guidelines issued by the Association for the Treatment and Prevention of Sexual Abusers c. include a monitoring and evaluation process. 

The language of consent 

Recommendation 16.18 

1. The Tasmanian Government should introduce legislation to amend section 11A of the Sentencing Act 1997 to provide that, in determining the appropriate sentence for an offender convicted of a child sexual abuse offence, the acquiescence or apparent consent of the victim is not a mitigating circumstance. 2. The Director of Public Prosecutions should amend its Prosecution Policy and Guidelines to make it clear that in child sexual abuse matters where consent is not an element of the offence, then the language of consent should not be used by prosecutors. 3. Professional education for judicial officers (R 16.16) and prosecutors (R 16.8) should include challenging the myths and misconceptions about consent in relation to child sexual abuse. 

Responses to children and young people displaying harmful sexual behaviours 

Recommendation 16.19 

We encourage the courts to consider using their powers to direct young people engaging in harmful sexual behaviours who are charged with a criminal offence to specialist therapeutic services. 

Monitoring and evaluation 

Recommendation 16.20 

1. The Department of Justice should: a. prioritise collecting and publishing key data about institutional child sexual abuse, including i. the number of reports of child sexual abuse made to police ii. police, prosecution and court outcomes of reports, and reasons for outcomes, including the reasons why cases did not proceed  iii. the time between reporting, charging or a decision not to progress, and prosecution iv. whether the abuse took place in an institutional setting v. basic demographics of victim-survivors and alleged perpetrators (for example, age, gender and Aboriginal status) vi. trends in relation to particular groups, including Aboriginal people b. support the Office of the Director of Public Prosecutions to improve its data collection for child sexual abuse cases so it can effectively monitor i. the cases on which police seek advice, that proceed to court and that are discontinued, including the reasons for discontinuance ii. the number, type and success rate of appeals in child sexual abuse matters c. cause periodic surveys to be conducted and published with victim-survivors of child sexual abuse on their experience and satisfaction with the criminal justice system, including on whether the victim-survivor i. felt listened to ii. felt believed iii. understood the process iv. was kept informed of the progress of the case. 2. The Sentencing Advisory Council should periodically review trends in sentencing for child sexual abuse offences in Tasmania and compare them with sentencing outcomes for equivalent offences in other Australian jurisdictions. 

Redress, civil litigation and support 

The National Redress Scheme 

Recommendation 17.1 

1. The Tasmanian Government should ensure victim-survivors of child sexual abuse in Tasmanian Government institutions have access to a redress scheme irrespective of when the abuse occurred, when they were born or whether they have committed a serious offence. 2. To achieve this outcome, the Tasmanian Government should advocate at a national level for: a. the National Redress Scheme to apply to child sexual abuse in institutions experienced on or after 1 July 2018, with no specified closing date for applications b. changes to the National Redress Scheme that will allow access to redress for people sentenced to imprisonment for five years or longer for a state, territory, federal or foreign country offence. 3. If the National Redress Scheme is not extended, the Tasmanian Government should itself establish a redress scheme for victim-survivors of child sexual abuse in Tasmanian Government institutions, with no specified closing date for applications to be made. 4. The design and operation of any Tasmanian redress scheme should: a. ensure delays are minimised and that applications for redress are handled in a sensitive and trauma-informed manner b. incorporate relevant recommendations made in the Second Year Review of the National Redress Scheme c. make it available to people sentenced to imprisonment for five years or longer for a state, territory, federal or foreign country offence d. allow information to be shared to reduce current risk to children wherever possible, and to facilitate disciplinary action and reporting to Tasmania Police, Child Safety Services, the Registrar of the Registration to Work with Vulnerable People Scheme and the Independent Regulator under the Child and Youth Safe Organisations Act 2023 (R 12.5). 

Civil litigation 

Recommendation 17.2 

1. The Tasmanian Government should ensure all lawyers who act for the Tasmanian Government in civil claims relating to child sexual abuse receive regular professional development on: a. the nature and effects of child sexual abuse, including institutional child sexual abuse, perpetrator tactics and impacts on victim-survivors b. how to consider these effects when victim-survivors are involved in civil litigation processes. 2. The Solicitor-General or the new State Litigation Office should issue and ensure compliance with guidelines relating to: a. trauma-informed management of settlement processes and conferences in child sexual abuse cases b. whether and when legal professional privilege should be claimed by the Tasmanian Government in relation to medical reports or expert evidence, adopting the principle that generally legal professional privilege should be waived c. making apologies before reaching a final settlement. 

Recommendation 17.3 

1. The Attorney-General should issue guidelines to clarify the respective roles of the Solicitor-General and the new State Litigation Office, departmental secretaries and other agency heads where Tasmanian government agencies are engaged in the conduct and settlement of civil litigation arising from allegations of child sexual abuse. 2. The Treasurer’s Instruction relating to obtaining external legal advice should be amended to: a. make it consistent with the Attorney-General’s guidelines on civil litigation arising from allegations of child sexual abuse b. specify the circumstances in which departmental secretaries and other agency heads should be able to seek external legal advice on matters related to child sexual abuse. 

Apologies 

Recommendation 17.4 

The Tasmanian Government should ensure individual victim-survivors of child sexual abuse who request an apology receive one. Proactive steps should also be taken to offer an apology to victim-survivors who make contact in relation to their abuse. The apology should include: a. the opportunity to meet with a senior institutional representative (preferably the Secretary) and receive an acknowledgment of the abuse and its impact b. information about the victim-survivor’s time in the institution c. information about what steps the institution has taken or will take to protect against further sexual abuse of children, if asked. 

Recommendation 17.5 

The Tasmanian Government should introduce legislation to amend the Civil Liability Act 2002 to ensure that an apology in relation to child sexual abuse can be made without amounting to an admission of liability. 

Support for victims of crime 

Recommendation 17.6 

The Department of Justice should ensure that: a. in relation to claims for financial assistance under the Victims of Crime Assistance Scheme, delays are minimised and applications for compensation are handled in a sensitive and trauma-informed manner b. staff in Victims Support Services receive regular professional development on the effects of child sexual abuse and how to respond to victim-survivors in a trauma-informed manner c. people being considered for appointment as Criminal Injuries Compensation Commissioners are required to take part in professional development on the effects of child sexual abuse and how to respond to victim-survivors in a trauma-informed manner before their appointment and regularly thereafter. 

Recommendation 17.7 

The Tasmanian Government should introduce legislation to amend the Victims of Crime Assistance Act 1976 to create a right of review on the merits by the Tasmanian Civil and Administrative Tribunal in relation to a decision of the Criminal Injuries Compensation Commissioners: a. to refuse financial assistance to a victim-survivor of child sexual abuse b. about the amount of financial assistance to which a victim-survivor of child sexual abuse is entitled. 

Access to information and records 

Recommendation 17.8 

1. The Tasmanian Government should review and reform the operation of the Right to Information Act 2009 and the Personal Information Protection Act 2004 to ensure victim-survivors of child sexual abuse in institutional contexts can obtain information relating to that abuse. This review should focus on what needs to change to ensure: a. people’s rights to obtain information are observed in practice b. this access is as simple, efficient, transparent and trauma-informed as possible. 2. The review should consider reforms to the Right to Information Act 2009 and the Personal Information Protection Act 2004 to: a. include an explicit presumption in favour of disclosure in the Right to Information Act 2009 and Personal Information Protection Act 2004 b. embed the public interest test in specific exemptions in the Right to Information Act 2009, tailored to those exemptions c. streamline the interface between the Right to Information Act 2009 and Personal Information Protection Act 2004 to overcome what has, by default, become a two-step process to obtain personal information d. require that a personal information custodian under the Personal Information Protection Act 2004 ‘must provide’ rather than ‘may provide’ personal information upon request from an individual who is the subject of that information, subject to any appropriate exemptions to that requirement e. include a ‘reasonableness’ test in the Right to Information Act 2009 as part of the assessment of whether to withhold personal information relating to a person or third party other than the person making the request for information f. strengthen and streamline internal and external review processes in the Right to Information Act 2009 and Personal Information Protection Act 2004, with a focus on options to enforce decisions of the Ombudsman and to apply for review by the Tasmanian Civil and Administrative Tribunal g. provide an automatic fee waiver for right to information applications relating to child sexual abuse made under the Right to Information Act 2009 by victim-survivors or a person acting on their behalf. 3. The Tasmanian Government should consider centralising management of access to information processes in a specialist unit or department, supported by access to information liaison officers located in government departments and agencies. 4. The Tasmanian Government should provide funding to government departments, agencies and the Ombudsman, as the case may be, to: a. ensure access to information requests are processed within statutory timeframes b. speed up external review of right to information decisions c. provide trauma-informed training to the Tasmanian State Service in relation to victim-survivor access to information (Recommendation 19.2). 

Overseeing child safe organisations 

Community-wide prevention strategies 

Recommendation 18.1 The Tasmanian Government should continue to advocate for Tasmania to receive the full benefit of Australian Government prevention strategies, including under the National Strategy to Prevent and Respond to Child Sexual Abuse 2021–2030. 

Creating child safe organisations 

Recommendation 18.2 

All organisations engaging in child-related activities should voluntarily comply with the National Principles for Child Safe Organisations (as reflected in Tasmania’s Child and Youth Safe Standards) to the greatest extent possible, regardless of whether they are legislatively bound to do so or when their legislative obligations commence. 

Recommendation 18.3 The Tasmanian Government should ensure the Ombudsman is prescribed as an entity for the purposes of disclosure of information under section 40 of the Child and Youth Safe Organisations Act 2023. 

Child and Youth Safe Organisations Act 2023 

Recommendation 18.4 

The Tasmanian Government, in implementing the Child and Youth Safe Organisations Act 2023, should ensure: a. the functions of the Independent Regulator and Deputy Independent Regulator under the Act are embedded within the new Commission for Children and Young People (R 18.6) b. the Commission is sufficiently resourced to enable it to effectively perform these regulatory functions c. the Commission has access to government data systems such as those held by Tasmania Police, Child Safety Services and the Registrar of the Registration to Work with Vulnerable People Scheme to enable systematic and proactive monitoring and that those agencies have access to the Commission’s data, where appropriate. 

Recommendation 18.5 

The Tasmanian Government should ensure its independent three-year review of the Child and Youth Safe Organisations Act 2023 has a particular focus on: a. whether the Independent Regulator is sufficiently resourced and empowered to perform its functions effectively, and new or additional resourcing, functions and powers are necessary to support compliance b. how effectively the Independent Regulator is working with other agencies, including the Ombudsman or other oversight bodies, Registrar of the Registration to Work with Vulnerable People Scheme, Tasmania Police, professional regulatory bodies and other peak bodies, to support compliance, share information and manage active risks to children and young people c. how organisations captured by the Child and Youth Safe Standards and the Reportable Conduct Scheme have experienced the new regulatory requirements, and in particular whether they have felt sufficiently supported to comply d. analysing data emerging from the operation of the schemes, particularly as they relate to complaints and notifications and trends within and across sectors e. whether the Universal Principle requiring organisations to uphold cultural safety is achieving its intended objective, and whether it should become an additional Child and Youth Safe Standard, mirroring the approach in Victoria f. whether any further legislative changes are required to ensure appropriate information sharing between the Independent Regulator and other agencies. 

Oversight and safeguards supporting a child safe system 

Recommendation 18.6 

1. The Tasmanian Government should establish a statutory Commission for Children and Young People, which includes the following roles, each appointed for a term of five years: a. a Commissioner for Children and Young People b. a Commissioner for Aboriginal Children and Young People c. a Child Advocate (Deputy Commissioner).   2. The Commission for Children and Young People should, in addition to the functions of the current Commissioner for Children and Young People under the Commissioner for Children and Young People Act 2016, have the following functions: a. educating relevant entities on the Child and Youth Safe Standards and overseeing and enforcing compliance with those standards as Independent Regulator under the Child and Youth Safe Organisations Act 2023 b. administering the Reportable Conduct Scheme as Independent Regulator under the Child and Youth Safe Organisations Act 2023 c. administering the independent community visitor scheme for children in out of home care, youth detention and other residential youth justice facilities (Recommendations 9.34 and 12.36) d. advocating for individual children in out of home care, youth detention and other residential youth justice facilities e. monitoring the operation of the out of home care and youth justice systems and the provision of out of home care and youth justice services to children (Recommendations 9.38 and 12.38) f. conducting inquiries into the out of home care and youth justice systems and the services provided to individual children in those systems, including own- motion inquiries (Recommendations 9.38 and 12.38) g. making recommendations to government for out of home care and youth justice system improvements h. promoting the participation of children in out of home care and youth justice in decision making that affects their lives i. upholding and promoting the rights of children in the out of home care and youth justice systems. 3. The Commission for Children and Young People should have all necessary powers to perform its functions. 

Recommendation 18.7 

The Tasmanian Government should ensure the process for appointing future Commissioners and Deputy Commissioners for Children and Young People adopts the following: a. future Commissioners and Deputy Commissioners be appointed following an externally advertised merit-based selection process to ensure they have relevant professional qualifications and substantive experience in matters affecting vulnerable children b. the recruitment process for these roles include a non-partisan adult selection panel with at least one member external to the Tasmanian State Service, and a separate children’s selection panel c. the adult and children’s selection panels for the role of Commissioner for Aboriginal Children and Young People have a majority of Aboriginal members d. before making a recommendation to the Governor for an appointment to the Commission for Children and Young People, the Minister be required to consult with the leader of any political party with at least two members in Parliament. 

Recommendation 18.8 

The Tasmanian Government should ensure the Commission for Children and Young People is separately and directly funded, rather than through the Department for Education, Children and Young People. Any funding arrangements or conditions should be structured to ensure the Commission has power to control its budget and staffing. 

Recommendation 18.9 A joint standing committee of the Tasmanian Parliament should oversee the performance and proper execution of functions of the Commission for Children and Young People. 

Other oversight and regulatory bodies 

Recommendation 18.10 1. The Integrity Commission and Ombudsman should develop a publicly available policy for complaints related to child sexual abuse which explains the circumstances in which complaints may be referred back to the agency that is the subject of the complaint for investigation. 2. The Integrity Commission and Ombudsman should consult the complainant on the intended approach to handling the complaint, including referring the complaint back to the relevant agency. 

Recommendation 18.11 The Tasmanian Government should implement Recommendation 11 of the Independent Reviewer’s 2016 Report Independent Review of the Integrity Commission Act 2009, which would oblige public authorities to notify the Integrity Commission of any allegations of serious misconduct. 

Recommendation 18.12 

1. The Tasmanian Government should introduce legislation or regulations to provide statutory guidance to the Registrar of the Registration to Work with Vulnerable People Scheme on the factors to be considered when conducting risk assessments in respect of applications for registration, suspension or cancellation pursuant to the Registration to Work with Vulnerable People Act 2013. 2. The statutory guidance should provide that (among other things): a. the assessment of unacceptable risk is a predictive exercise that is not necessarily capable of empirical proof nor subject to a particular standard of proof such as ‘the balance of probabilities’ b. the assessment of unacceptable risk of harm to a child or children requires determination of two separate questions, without conflation, namely i. whether or not an allegation or allegations of previous harm to vulnerable people are proven on the balance of probabilities, and   ii. whether or not an unacceptable risk of harm is demonstrated regardless of whether there is a finding, on the balance of probabilities, that previous harm occurred c. the Registrar is not limited in the factors they can consider in assessing unacceptable risk, including information that suggests a person’s tendency to cause harm, as the ultimate determination of unacceptable risk is a predictive exercise d. when the Registrar is considering suspending a person’s registration, the focus on the prospective risk that a person may pose to children should have a lower evidentiary threshold, noting further assessment will likely occur prior to a decision to cancel registration or otherwise e. once the Registrar makes a determination that a person poses an unacceptable risk to a child or young person, irrespective of other factors (such as employment or mental health), that person’s registration must be refused, suspended or cancelled (as the case may be). 

Recommendation 18.13 

1. The Tasmanian Government should introduce legislation to amend the Registration to Work with Vulnerable People Act 2013 and related statutory instruments to replace the Administrative Appeals Division of the Magistrates Court with the Tasmanian Civil and Administrative Tribunal as the forum for administrative reviews of decisions under the Act. 2. The Tasmanian Government should: a. introduce legislation or regulations to require the Tasmanian Civil and Administrative Tribunal to support Tribunal members who hear administrative reviews of decisions under the Registration to Work with Vulnerable People Act 2013 to have the knowledge, skills, experience and aptitude to deal with each matter, including in relation to child sexual abuse, neglect and family violence b. provide sufficient funding to the Tribunal to support members to gain this knowledge, skills, experience and aptitude. 

Recommendation 18.14 

1. The Commission for Children and Young People, the Registrar of the Registration to Work with Vulnerable People Scheme, the Integrity Commission and the Ombudsman should work jointly to develop a user-friendly guide for the general public, which describes: a. how each of these agencies can assist with complaints and concerns about how organisations respond to child sexual abuse b. the process these agencies will adopt in responding to reports, complaints and concerns, including what outcomes these agencies are empowered to achieve c. how information provided by a person lodging a report, complaint or concern will be shared and managed d. that agencies are committed to a ‘no wrong door’ approach to complaints, so people are reassured that all reports, complaints and concerns will receive a response from an agency e. pathways for raising concerns about the way any of these agencies respond to reports, complaints or concerns. 2. A child and youth-friendly version of the guide should also be developed and should be publicised and distributed widely in schools, out of home care, youth justice and health settings. 3. Both guides should be available on each of the agencies’ websites and form part of their child safety community education and engagement activities. 4. While the Commission for Children and Young People should be promoted as the key agency for receiving reports, complaints or concerns relating to conduct towards children, people should be able to raise reports, complaints or concerns with any of these agencies and these agencies should ensure the matter is appropriately referred (the ‘no wrong door’ approach). 

Recommendation 18.15 

The Commission for Children and Young People, the Integrity Commission, the Ombudsman and the Registrar of the Registration to Work with Vulnerable People Scheme should develop a formal memorandum of understanding relating to the management and oversight of reports, complaints and concerns relating to child sexual abuse and information sharing. The memorandum of understanding should: a. define the roles, responsibilities, functions and limitations of each agency and describe where these overlap or intersect b. require consultation prior to the initiation of systemic reviews or inquiries where the subject of that inquiry relates to areas of common interest or intersecting functions c. provide for permissive and enabling information-sharing practices that prioritise the safety and welfare of children for individual matters and ensure each party receives from others de-identified trend data necessary to perform its functions. 

A coordinated approach 

Developing a child sexual abuse reform strategy 

Recommendation 19.1 

1. The Tasmanian Government should develop a whole of government child sexual abuse reform strategy for preventing, identifying and responding to child sexual abuse, including child sexual abuse in institutions and harmful sexual behaviours. The strategy should: a. describe the system that Tasmania seeks to achieve, including the component parts of that system, how Tasmanians will know it is working, and the role of key initiatives, reforms and recommendations in achieving the intended outcomes b. be separate from, but complement, the Government’s Family and Sexual Violence Action Plan c. be informed by the voices of children and young people and adult victim- survivors of child sexual abuse (R 19.5)  d. include agreed definitions of child sexual abuse, institutional child sexual abuse and harmful sexual behaviours e. set out guiding principles and objectives to inform preventing, identifying and responding to child sexual abuse f. identify the agencies, including statutory bodies and non-government organisations, involved in preventing, identifying and responding to child sexual abuse g. set out processes through which government agencies, statutory bodies and non-government organisations can consult on child sexual abuse reform h. set out considerations relevant to particular cohorts of children and young people, including Aboriginal children, children with disability, children with mental illness, children who identify as LGBTQIA+ and children from culturally and linguistically diverse communities i. outline the sources of funding for key initiatives and reforms set out in the strategy j. outline the governance, monitoring, review and evaluation arrangements for child sexual abuse reform, including that the Secretary of the Department of Premier and Cabinet, as Chair of the Secretaries Board, is responsible for endorsing, overseeing, coordinating and reporting on the strategy and action plan (Recommendation 19.3). 2. The Tasmanian Government should develop an action plan for the implementation of the child sexual abuse reform strategy. The action plan should: a. prioritise all recommendations and reforms for implementation over the short, medium and long term and include expected timeframes for implementing each recommendation b. identify the role holders and agencies that have responsibility for implementation of each recommendation and reform c. describe the actions to be taken to implement the recommendations and reforms, including any milestones, sequencing and dependencies d. identify the status of each recommendation and reform (that is, complete, under way or not commenced) and whether it is progressing on time e. be endorsed and overseen by the governance structure identified in the strategy.  3. The child sexual abuse reform strategy and action plan should be: a. tabled in each House of Parliament b. published on a dedicated website c. supported by a communication plan that seeks to inform and provide visibility of reform work to stakeholders and the community d. periodically reviewed and updated by the Secretaries Board through the Department of Premier and Cabinet. 

Trauma-informed government services 

Recommendation 19.2 

The Tasmanian Government should develop a whole of government approach to professional development on responding to trauma within government and government funded services, as well as statutory bodies, that provide services to children and young people or adult victim-survivors of child sexual abuse. 

Establishing a strong governance structure for child safety 

Recommendation 19.3 

The Secretary of the Department of Premier and Cabinet, as Chair of the Secretaries Board, should be responsible for endorsing, overseeing, coordinating and reporting on the child sexual abuse reform strategy and action plan. 

Recommendation 19.4 

1. The Premier should, through their performance agreements, ensure Heads of Agencies are responsible for reforms under the child sexual abuse reform strategy and action plan within their portfolio responsibilities. 2. Heads of Agencies should ensure relevant State Service executives are also responsible for implementing the strategy and action plan. 3. The statements of duties for relevant departmental staff should refer to their responsibilities in relation to the strategy and action plan. 

Recommendation 19.5 1. The Tasmanian Government should ensure, in setting out the governance structure for the child sexual abuse reform strategy and action plan, that children and young people and adult victim-survivors of child sexual abuse are part of this governance structure through: a. the Premier’s Youth Advisory Council b. the establishment of an advisory group comprising adult victim-survivors of child sexual abuse, including child sexual abuse in institutions, of different ages, backgrounds, cultures, gender identities and geographical locations and parents of child victim-survivors. 2. The Department of Premier and Cabinet should report on the activities of these advisory groups in its annual report. 3. These advisory groups should: a. be guided by clear terms of reference that have been developed in consultation with the advisory groups b. have a clear purpose and objectives in terms of how they can contribute across the whole of government c. receive secretarial support and be adequately funded and resourced d. ensure trauma-informed processes apply in their interactions e. support and enable members’ attendance by covering the costs of travel and expenses, and providing honorariums where appropriate. Improving information sharing and cross-agency coordination for child safety 

Recommendation 19.6 

The Tasmanian Government should introduce legislation to amend the Registration to Work with Vulnerable People Act 2013 to clarify that, in addition to the duty to report in certain circumstances, any person can notify reportable behaviour to the Registrar of the Registration to Work with Vulnerable People Scheme. 

Recommendation 19.7 

The Tasmanian Government should review confidentiality and secrecy provisions in Tasmanian legislation, including the Personal Information Protection Act 2004, to identify any specific legislative barriers that hinder the sharing of information necessary to protect the safety and wellbeing of children and young people and remove these barriers. 

Recommendation 19.8 

1. The Department of Premier and Cabinet should lead the development of child safety information sharing, coordination and response guidelines to support government and government funded agencies and statutory bodies to respond to child safety issues. The guidelines should: a. set out the principles which guide information sharing, cross-agency coordination and the roles of different services and entities in responding to child safety issues, and require that staff are trained on these issues b. identify a process for nominating a lead agency for cross-agency responses to individual child safety issues and set out the lead agency’s role and responsibilities c. identify a process for setting out the roles and responsibilities of collaborating agencies in responding to child safety issues d. explain child safety information-sharing obligations and responsibilities and how staff can fulfil them e. set out an escalation and dispute resolution process to resolve disagreements that may arise across agencies f. identify resources and professional development opportunities for staff in relation to responding to child safety issues g. be subject to periodic review to ensure they remain up to date and accurately reflect best practice cross-agency information sharing and coordination arrangements. 2. The Tasmanian Government should fund the culture change work required to achieve good information-sharing practices. 

State Service disciplinary processes 

The State Service Code of Conduct 

Recommendation 20.1 

1. The Tasmanian Government should, by introducing legislation or through other means, ensure that the State Service Code of Conduct includes the following binding obligations: a. if a state servant’s conduct creates an unacceptable risk to the safety and wellbeing of children or young people accessing government and government funded services, the State Service disciplinary framework should apply, and termination, suspension or sanction should be available (including being able to terminate employment based on a loss of confidence) b. in relation to child sexual abuse and related conduct, the requirement that state servants must comply with all applicable Australian law is determined on the basis of a balance of probabilities test and does not require a breach of the law to be determined by a court c. where a state servant has contact with a child or young person through their work, and an allegation is made of child sexual abuse or related conduct in relation to that child, this contact is sufficient to establish the conduct occurred ‘in the course of employment’ or, in the case of section 9(14), has a nexus to employment regardless of whether the conduct complained of occurred outside the workplace or outside working hours. 2. The Tasmanian Government should develop policy documents or guidance on the interpretation of the State Service Code of Conduct explaining (among other things): a. how the required connection between a state servant’s employment and a child and young person should be interpreted in matters that involve child sexual abuse or related conduct b. explain that all provisions of the Code of Conduct should be interpreted to prioritise the protection of children. 

Recommendation 20.2 

1. All Heads of Agencies whose agencies provide services to children should develop a professional conduct policy for the agency’s employees that: a. explains what behaviours are unacceptable, including concerning conduct, misconduct or criminal conduct b. defines and prohibits child sexual abuse, grooming and boundary violations, in language consistent with the Child and Youth Safe Organisations Act 2023. 2. The professional conduct policy should: a. acknowledge the challenge of maintaining professional boundaries in small communities and provide clear identification of, instructions about and examples of how to manage conflicts of interest and professional boundaries in small communities b. provide guidance on identifying behaviours indicative of child sexual abuse, grooming and boundary violations relevant to the particular organisation c. outline behaviours that must be reported to authorities, including what behaviours should be reported to Tasmania Police, Child Safety Services, the Registrar of the Registration to Work with Vulnerable People Scheme and the Independent Regulator under the Child and Youth Safe Organisations Act 2023, or other relevant agencies d. provide that not following reasonable directions is a breach of professional standards e. provide that a failure to report a breach or suspected breach of the policy may be taken to be a breach of the policy f. outline the protections available to individuals who make complaints or reports in good faith g. provide and clearly outline response mechanisms for alleged breaches of the policy h. specify the penalties for a breach, including that a breach of the policy may be taken to be a breach of the State Service Code of Conduct without needing to assess whether a separate provision of the Code has been breached, and may result in disciplinary action i. cross-reference any other policies, procedures and guidelines that support, inform or otherwise relate to the professional conduct policy, for example, complaints handling or child protection policies or other codes of conduct relevant to particular professions.   3. The professional conduct policies should be: a. easily accessible to everyone in the agency and communicated by a range of mechanisms b. explained to and acknowledged and signed by all employees c. accompanied by a mandatory initial training session and regular refresher training, including as part of professional development training d. communicated to children and young people and their families through a range of mechanisms, including publication on the agency’s public-facing website. 4. The professional conduct policies should include a specific prohibition on romantic or sexual relationships between an employee and a young person where that employee has been in a position of authority, care or protection with the young person for two years after the young person turns 18 or the employee’s position of authority, care or protection has ended, whichever is later. This requirement should operate in addition to any other professional and ethical obligations. 5. Heads of Agencies should ensure the professional conduct policy spells out expected standards of behaviour for volunteers, contractors and sub-contractors, and other adults where relevant to the specific organisation and use appropriate mechanisms to ensure their compliance with the policy. 6. The Tasmanian Government should introduce legislation, or other binding mechanisms, to ensure: a. a breach of a departmental professional conduct policy may be taken to be a breach of the State Service Code of Conduct, without needing to assess whether a separate provision of the Code has been breached b. such a breach does not have to be accompanied by a lawful and reasonable direction for there to be a breach of the Code of Conduct. 

Recommendation 20.3 

The Tasmanian Government should introduce legislation to ensure that where a finding is made that a State Service employee has committed reportable conduct under the Reportable Conduct Scheme, this also constitutes a breach of the State Service Code of Conduct under section 9 of the State Service Act 2000. 

Recommendation 20.4 

The Tasmanian Government should introduce legislation to ensure the provisions in the professional conduct policies apply to contractors, sub-contractors, volunteers and other adults who have contact with children. 

Employment Directions 

Recommendation 20.5 

1. The State Service should develop guidance material for conducting preliminary assessments to ensure: a. they are conducted quickly (within three to five business days after an allegation is received) b. the reasons for any delay are documented, a new timeframe set, and the reasons for the delay and the new timeframe are communicated to the parties if applicable in the circumstances c. they are confined to a basic gathering of information and do not require evidence of wrongdoing d. they do not assess whether the alleged conduct occurred in the course of the employee’s State Service employment. 2. Victim-survivors and child witnesses should not normally be interviewed at the preliminary assessment stage to avoid them being interviewed more than once or being interviewed by a person without special skills. If it is necessary to interview a child or young person at this stage, then this should be done in line with clause 7.3 of Employment Direction No. 5—Breach of Code of Conduct. Any such interview should be conducted by individuals who have been trained in child development, child sexual abuse (including taking a Whole Story approach), and trauma-related behaviours. 3. Any engagement with a child or young person during the preliminary assessment stage should be child-centred and trauma-informed. 4. The Child-Related Incident Management Directorate should conduct preliminary assessments in child sexual abuse or related conduct matters. 

Recommendation 20.6 

The Tasmanian Government should amend Employment Direction No. 4— Suspension to: a. specify that in matters involving complaints or concerns about child sexual abuse or related conduct of an employee, they may be suspended immediately b. clarify, to avoid any doubt, that suspension can occur before the start of any disciplinary processes, including preliminary assessments c. exclude, in matters involving complaints or concerns of child sexual abuse or related conduct, the requirement that the Head of Agency must have a reasonable belief that it is in the public interest to suspend the employee d. include the safety of children and young people among the matters a Head of Agency must take into account when deciding whether to suspend an employee. 

Recommendation 20.7 

The Tasmanian Government should ensure investigations into misconduct in relation to child sexual abuse or related conduct by State Service employees of the Department for Education, Children and Young People and the Department of Health under Employment Direction No. 5—Breach of Code of Conduct are conducted by the Child-Related Incident Management Directorate. 

Recommendation 20.8 

The Tasmanian Government should amend Employment Direction No. 5—Breach of Code of Conduct, as it relates to child sexual abuse or related conduct, to: a. ensure people making a complaint and children or young people who have been abused have the right to i. reply to any factual matters put forward by the alleged abuser ii. know the outcome of an investigation iii. seek a review of decisions in an appropriate forum  b. clarify timeframes for carrying out investigations, set out the process for seeking an extension of time for an investigation and the considerations involved, and require the granting of, and reasons for, an extension of time be communicated to the parties affected c. provide that all matters of concern relevant to an employee’s conduct with a child or young person pertaining to child sexual abuse or related conduct be treated as potential serious misconduct d. note the importance, in circumstances where it is appropriate to summarily dismiss an employee for misconduct, of conducting an investigation to identify children who have been harmed and any systemic problems that need to be addressed e. ensure investigations are conducted by people who have been trained in child development, child sexual abuse (including taking a Whole Story approach) and trauma-related behaviours. 

Recommendation 20.9 

The Tasmanian Government should maintain a central cross-government register of misconduct concerning complaints and concerns about child sexual abuse and related conduct. This register should contain records of substantiated and unsubstantiated matters, including those that did not proceed to investigation. 

Recommendation 20.10 

1. The Tasmanian Government should take measures to ensure that misconduct investigations under Employment Direction No. 5—Breach of Code of Conduct in relation to complaints and concerns of child sexual abuse are able to take into account prior substantiated, untested and unsubstantiated complaints, allegations and disciplinary action, in addition to the immediately alleged misconduct. 2. The Tasmanian Government should take measures to ensure that prior allegations (including unsubstantiated allegations) should be considered at various stages of the disciplinary process, including in determining:   a. the process to be used to deal with new allegations b. whether the conduct occurred on the balance of probabilities, with previous substantiated allegations being given more weight than unsubstantiated allegations c. if misconduct has occurred d. the sanction to be applied. 

Recommendation 20.11 

1. The Head of the State Service should monitor and publicly report annually on the management of misconduct matters related to child sexual abuse or related conduct. 2. Heads of Agencies should report quarterly to the Head of the State Service on all misconduct matters related to child sexual abuse or related conduct, substantiated and unsubstantiated. 

Recommendation 20.12 

The Tasmanian Government should introduce legislation to amend Employment Direction No. 6—Inability to provide for: a. a simplified process that applies to matters where the employee no longer has an essential employment requirement (for example, no registration under the Registration to Work with Vulnerable People Act 2013) b. powers to immediately terminate a person’s employment if the employee no longer meets an employment requirement for working with children or young people c. any interview with a child or young person in line with Employment Direction No. 6—Inability to be subject to the same considerations as should apply under clause 7.3 of Employment Direction No. 5—Breach of Code of Conduct (Recommendation 20.8). 

Recommendation 20.13 

1. The Head of the State Service should issue guidance on State Service disciplinary processes that contains key principles and procedures to be followed. This guidance should include information on: a. the steps involved in the process of dealing with disciplinary matters b. maintaining confidentiality c. setting timeframes for investigations and communicating timeframes to the parties d. preliminary assessments e. employee suspensions, in particular where matters are alleged to involve child sexual abuse f. considerations when interviewing children g. an employee’s inability to perform a role due to the loss of employment requirements h. the rights of an employee and any complainant. 2. This guidance should be developed in line with relevant child safety considerations, relevant recommendations of this Commission of Inquiry and the Integrity Commission’s Guide to Managing Misconduct in the Tasmanian Public Sector. Cultural change 

Recommendation 20.14 

The Tasmanian Government should allocate funding for initiatives aimed at cultural change and awareness raising to promote a shared understanding and application of disciplinary processes across the State Service in a manner that ensures the safety and wellbeing of children at risk of child sexual abuse or related conduct. 

Role of the Tasmanian Industrial Commission 

Recommendation 20.15 

The Government should fund the Tasmanian Industrial Commission to enable its members to attend training on child sexual abuse either locally or through any relevant interstate program or training, such as the programs offered by the Judicial College of Victoria. 

Therapeutic services 

Improving the therapeutic service system 

Recommendation 21.1 

1. The Department of Premier and Cabinet should lead, coordinate and fund a therapeutic service system for child and adult victim-survivors of child sexual abuse and children who have experienced or displayed harmful sexual behaviours. 2. The Department should ensure the therapeutic service system: a. addresses service gaps and provides coordination of services, appropriate coverage and equitable access to quality services b. is easily understood and accessible to the public, state servants and other mainstream service providers. 3. The Department, in leading this work, should consult with: a. any relevant government departments, including the Department for Education, Children and Young People, the Department of Health and Tasmania Police b. sexual assault and abuse counselling services c. the Premier’s Youth Advisory Council and the adult victim-survivors of child sexual abuse advisory group (R 19.5) d. the peak body for the sexual assault service system (R 21.3). 4. The Tasmanian Government should ensure funding agreements with non- government specialist services include appropriate governance requirements, sexual abuse service standards, service evaluation and child safe accreditation. 

Recommendation 21.2 

1. The Tasmanian Government should conduct an independent process and outcomes evaluation for the pilot multidisciplinary Arch centres and any future centres after three years of operation to inform the Government of any systems improvements that could be made to the centres and whether they have resulted in improvements in client outcomes. The evaluation should incorporate: a. an evaluation and data outcomes framework established during the first year that includes required baseline and outcomes data for clients receiving services through the Arch centres, and considers how Arch centre outcomes can be compared with the outcomes of cases that have not received an Arch centre response b. the collection of data in line with the data outcomes framework in the first year c. the storing and retention of data in a format that can be provided to the independent evaluators. 2. The evaluation and data outcomes framework should include outcome measures for adult and child victim-survivors of child sexual abuse and children who have experienced or displayed harmful sexual behaviours. 3. The Tasmanian Government should ensure multidisciplinary centres are not the sole response to the therapeutic needs of adult and child victim-survivors of child sexual abuse. 

Recommendation 21.3 

1. The Tasmanian Government should establish a peak body for the sexual assault service system, including therapeutic interventions for children who have engaged in harmful sexual behaviours, to: a. ensure the needs of adult and child victim-survivors of child sexual abuse and children who have experienced or displayed harmful sexual behaviours are met by the sexual assault service system b. represent sexual assault service providers in a coordinated way c. share evidence and experience d. develop or identify practice standards for sexual assault services and interventions for child sexual abuse and harmful sexual behaviours e. coordinate service delivery for victim-survivors f. advocate for improvements in the sexual assault service system. 2. This peak body for the sexual assault service system should be distinct from, but work in cooperation with, a family violence peak body. 

Recommendation 21.4 

1. The Tasmanian Government should increase the funding for free or low-cost sexual assault counselling services to: a. reduce waiting times to no longer than four weeks for victim-survivors, regardless of where they live in Tasmania b. enable fortnightly access to sexual assault counselling in Ashley Youth Detention Centre c. assist peer support groups. 2. The Department of Premier and Cabinet should adopt strategies to increase the number of professionals with skills to provide therapeutic responses to abuse-related trauma to address the challenge in attracting and retaining sufficient suitably qualified staff to fill vacancies and meet the need for therapeutic responses to child sexual abuse. 

Recommendation 21.5 

The Tasmanian Government should increase the capacity of the Victims of Crime Service by: a. increasing the number of counsellors available in each of the Victims of Crime Service offices to at least three in southern Tasmania, two in northern Tasmania and two in the North West b. promoting the availability of the Victims of Crime Service counselling service to victim-survivors of sexual assault. 

Recommendation 21.6 

1. The Tasmanian Government should ensure that the needs of particular groups of victim-survivors are met by the therapeutic service system and related contracting of services, including the needs of: a. children who are victim-survivors or have displayed harmful sexual behaviours (R 21.8) b. victim-survivors with disability or mental illness c. victim-survivors who identify as LGBTQIA+ d. male victim-survivors e. victim-survivors who are from culturally and linguistically diverse backgrounds. 2. The Tasmanian Government should consult on the therapeutic service system with relevant stakeholder groups, including the Interim Disability Commissioner, community groups and representative bodies. 

Recommendation 21.7 

The Tasmanian Government should improve healing services for Aboriginal victim- survivors and their families and communities by: a. fully resourcing and supporting recognised Aboriginal organisations across the state to design, develop and deliver Aboriginal-led healing approaches targeted to victim-survivors of child sexual abuse b. ensuring Aboriginal representation on the boards of management or in the executive structures of sexual assault services. 

Strengthening services for children who have displayed harmful sexual behaviours 

Recommendation 21.8 

1. The Tasmanian Government, in collaboration with key stakeholders, should develop a statewide framework and plan for preventing, identifying and responding to harmful sexual behaviours. The framework should: a. agree on a common definition and understanding of harmful sexual behaviours, including adopting a recognised, contemporary continuum of sexual behaviours from ‘developmentally expected’ to ‘harmful’ b. use an evidence-informed framework for understanding, preventing, identifying and responding to harmful sexual behaviours c. clarify the roles and responsibilities of the various agencies and departments involved in preventing and responding to the full continuum of harmful sexual behaviours, including programs delivered by non-government providers d. meet the needs of particular groups of children (R 21.6) e. include structures to support ongoing engagement with emerging evidence regarding harmful sexual behaviours f. include an evaluation framework. 2. The Tasmanian Government should ensure the therapeutic service system for children who have displayed harmful sexual behaviours: a. provides sufficient therapeutic services that can be accessed in a timely manner b. ensures timely access to therapeutic services for all children who need them, regardless of their age, identity or location in the state (including in youth detention) c. ensures specialist interventions for children with disability d. ensures all providers of therapeutic interventions for harmful sexual behaviours have Aboriginal representation in their governance structure. 3. The Tasmanian Government should provide ongoing and increased funding for specialist therapeutic interventions for harmful sexual behaviours that: a. ensures children who have displayed abusive or violent harmful sexual behaviours and their families need not wait more than two weeks for support when therapeutic treatment is required b. provides an advisory service for child-facing organisations, such as independent schools, childcare, disability and at-risk youth services and Tasmania Police (this service is not intended for the Department for Education, Children and Young People, which will have access to an internal Harmful Sexual Behaviours Support Unit (R 9.28)) c. contributes to the statewide plan for preventing harmful sexual behaviours and its agencies’ responses to children who have displayed such behaviours. 

Recommendation 21.9 

The Tasmanian Government should introduce legislation to amend the Children, Young Persons and Their Families Act 1997 and the Youth Justice Act 1997 to: a. give the Magistrates Court explicit power to order that a child who has displayed harmful sexual behaviours (and their family) engage in a therapeutic intervention for harmful sexual behaviours b. ensure the Magistrates Court has the power to divert from the criminal justice system a child who has been charged with a criminal offence and who has engaged in harmful sexual behaviours, by adjourning the criminal proceeding to enable the child to engage in a therapeutic intervention, and discharging the child where the intervention has been completed successfully. 

Recommendation 21.10 

Tasmania Police and the Department for Education, Children and Young People should update the Keeping Children Safe Handbook to reflect the Tasmanian Government’s statewide framework and plan for addressing harmful sexual behaviours, including by: a. modifying the language used when discussing children who have displayed harmful sexual behaviours to align with the definitions developed through the National Office of Child Safety b. clarifying the roles and responsibilities of the two agencies in responding to incidents involving harmful sexual behaviours, including the conditions under which each agency will lead the response c. clarifying the involvement of specialist therapeutic services in responses to incidents. 

Monitoring reforms 

Recommendation 22.1 

1. The Tasmanian Government should introduce legislation to establish and fund an independent Child Sexual Abuse Reform Implementation Monitor to: a. monitor and report to Parliament annually on the implementation of i. the recommendations of this Commission of Inquiry ii. any recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse that were accepted by the Tasmanian Government and have not been implemented iii. the recommendations of the Independent Inquiry into the Tasmanian Department of Education’s Responses to Child Sexual Abuse b. undertake independent evaluations of the effectiveness of the measures and actions taken in response to the recommendations identified above, especially the impact on the safety and wellbeing of children in government and government funded institutions and victim-survivors of child sexual abuse in institutional contexts. 2. Independent evaluations should enable assessment of change over time and involve: a. identifying an evaluation framework and baseline data requirements within the first year of the appointment of the Implementation Monitor b. commencing collection of data identified in the evaluation framework as soon as possible after the evaluation framework has been developed c. assessing the change against the evaluation framework at five- and ten-year intervals following the tabling of this report d. making independent evaluations publicly available. 3. The Tasmanian Government should protect the independence of the Implementation Monitor by: a. appointing the Implementation Monitor for a fixed term that cannot be prematurely terminated except in extraordinary circumstances b. maintaining the role of the Implementation Monitor until implementation of the recommendations identified above is substantively complete c. separately and directly funding the Implementation Monitor, rather than through a line agency. 4. The Tasmanian Government, through the Secretaries Board, should be required to report to: a. the Implementation Monitor as requested and in the form required by the Implementation Monitor b. the public on its implementation and reform activity through the Department of Premier and Cabinet’s annual report. 5. The Implementation Monitor should consult as required with: a. the Premier’s Youth Advisory Council b. the adult victim-survivors of child sexual abuse advisory group (R 19.5) c. the peak body for the sexual assault service system (R 21.3) d. the institution-specific advisory groups established within Tasmanian government agencies (R 9.6, 12.8 and 15.7).