Tasmania Strengthens Child Safety Oversight with New Commission

Tasmania Strengthens Child Safety Oversight with New Commission

In the final sittings of Parliament for 2025, Tasmania took an important step toward strengthening its child safety framework. On the morning of December 10, 2025, the Commission for Children and Young People Bill 2025 passed the Tasmanian Parliament, marking a major milestone in the implementation of long-awaited reforms arising from the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings.

The passage of the Bill represents one of the most consequential structural changes recommended by the Commission of Inquiry. While the legislation is yet to be finally enacted, its passage signals a clear commitment to strengthening independent oversight, accountability and advocacy for children and young people across the state.

The Monitor of the Commission of Inquiry, Robert Benjamin, observed following the Bill’s passage, the reform is “a significant and positive step forward” that will enable better protection of Tasmanian children. He also acknowledged the sustained work of state officials and Parliament in progressing the legislation to this point.

Giving Effect to Key Commission of Inquiry Recommendations

The new legislation gives effect to several critical recommendations of the Commission of Inquiry, particularly Recommendations 9.14, 18.6 and 18.7, which were aimed at addressing systemic gaps in oversight, cultural safety and independence.

A central feature of the reform is the establishment of a statutory Commission for Children and Young People. The Commission will incorporate expanded roles and functions, moving beyond the existing model to provide stronger regulatory, advocacy and monitoring powers across child safety, out of home care and youth justice systems.

Importantly, the reforms recognise the distinct experiences and needs of Aboriginal children. Recommendation 9.14 called for the appointment of a Commissioner for Aboriginal Children and Young People with statutory powers to monitor the experiences of Aboriginal children in out of home care and youth detention. This role is embedded within the new Commission structure, reflecting the Inquiry’s emphasis on culturally informed oversight and accountability.

Expanded Powers and Responsibilities

Under Recommendation 18.6, the Commission will include three key statutory officeholders: a Commissioner for Children and Young People, a Commissioner for Aboriginal Children and Young People, and a Child Advocate (Deputy Commissioner), each appointed for a five-year term.

In addition to retaining existing functions, the Commission will take on a significantly expanded mandate. This includes acting as the independent regulator responsible for educating organisations on the Child and Youth Safe Standards, overseeing and enforcing compliance, and administering the Reportable Conduct Scheme under the Child and Youth Safe Organisations Act 2023. These functions align Tasmania more closely with other jurisdictions that have adopted strong, centralised child safety regulatory models.

The Commission will also play a critical role in the lives of children involved in out of home care and youth justice systems. Its functions extend to administering independent community visitor schemes, advocating for individual children, monitoring system performance, conducting inquiries (including on its own motion), and making recommendations to the government for systemic improvement. A strong emphasis is placed on promoting children’s participation in decision-making and upholding their rights within these systems.

To support these responsibilities, the legislation provides the Commission with the powers necessary to perform its functions effectively, a key concern highlighted by the Commission of Inquiry.

Strengthening Independence and Transparency in Appointments

Recommendation 18.7 addressed how Commissioners and Deputy Commissioners should be appointed, reflecting the Inquiry’s concern about independence, transparency and community confidence. The Bill responds by embedding more rigorous appointment processes, including externally advertised, merit-based selection and the involvement of non-partisan adult and children’s selection panels.

For the role of Commissioner for Aboriginal Children and Young People, both adult and children’s selection panels must have a majority of Aboriginal members. The reforms also require consultation with parliamentary party leaders before appointments are finalised, reinforcing accountability and bipartisan confidence in these critical roles.

Why This Reform Matters

The passage of the Commission for Children and Young People Bill 2025 represents more than administrative change. It reflects a broader shift toward recognising that effective child safety systems require independence, cultural competence, meaningful oversight and the active participation of children themselves.

For organisations working with children and young people in Tasmania, these reforms also signal heightened expectations. Stronger regulation, oversight and advocacy mean that compliance with child safety obligations is not only a legal requirement but a visible and enforceable priority.

As Tasmania moves toward full enactment and implementation of the legislation, the focus will increasingly turn to how these reforms operate in practice, and whether they deliver the improved protection and accountability envisioned by the Commission of Inquiry.

How Can Safe Space Legal Help?

The team at Safe Space Legal have extensive safeguarding experience. We have worked with many organisations across Tasmania, and Australia, to ensure they are meeting their legal obligations and frequently conduct independent safeguarding investigations. We work with organisations to help build a culture of safety and accountability.

Safe Space Legal provides the following services to ensure organisations meet their legal obligations:

• Supporting organisations to have robust recruitment strategies to keep children and young people safe;
• Providing organisations with advice on their legal obligations and compliance;
• Drafting best practice child safety policies, procedures and codes of conduct;
• Conducting gap analysis audits of critical incidents;
• Providing training on legal obligations, duty of care and child safety;
• Conducting child safety investigations which are compliant with relevant state
  and territory schemes; and
• Provide sound legal advice on risk mitigation

Contact office@safespacelegal.com.au or call (03) 9124 7321 to organise a complementary discussion in relation to your organisation’s safeguarding needs.