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Madam Speaker, I rise today to update the House and the Tasmanian people on the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings.
At the outset of this new Parliament, I want to again thank all of those who participated in this Commission of Inquiry, including victim-survivors, whistleblowers, and the Commissioners themselves for their work and their commitment to change.
I want to reassure all victim-survivors of child sexual abuse and their families and loved ones, that the response to the Commission’s report remains a priority for our Government and our State Service agencies.
In December 2023, the Tasmanian Government released our response to the Commission of Inquiry’s final report.
Our government committed to implementing all 191 recommendations and to doing all we can to prevent and respond to child sexual abuse.
Our response, titled Keeping Children Safe and Rebuilding Trust, sets out actions and timeframes for responding to the Commission’s recommendations across three phases as recommended by the Commission.
I want to acknowledge and recognise how important it is to the Tasmanian community that we as a government do what we have promised and do it right.
Phase One recommendations – overview
Over the past five months, Tasmanian Government agencies have been working collaboratively to deliver all 48 Phase One recommendations.
Our Tasmanian State Service agencies have been working together to implement these reforms to keep children safe now and into the future.
The Commission’s Phase One recommendations strengthen policies, procedures and strategies, funding arrangements, propose legislative and regulatory changes and improvements to how our agencies share and provide information about child safety to the public and people using our services.
Importantly, the Phase One recommendations will progress changes to culture within the state service to train, educate and in many cases re-engineer long-standing systems and processes our state servants follow to ensure the safeguarding of our children and young people in Tasmania is at the centre of the services we work so hard to provide.
Other recommendations in Phase One will help set the foundations for action to be completed during Phases 2 and 3 of our response.
It is important to note however that our work did not start with the Government’s Response to the Commission’s Report.
These Phase One measures build on the significant reforms delivered as part of our government’s interim response to the Commission of Inquiry.
They include:
- The passage of the Child and Youth Safe Organisations Act 2023.
- The establishment of Arch multidisciplinary centres in the north and south of the State (with a north-west centre to come).
- The appointment of Safeguarding Leads in every Tasmanian school.
- And delivery of the apology to victim-survivors of institutional child sexual abuse.
Completed recommendations
Madam Speaker, we are delivering 44 of the 48 Phase One recommendations within the Commission’s timelines and I table the statement of progress against all Phase 1 recommendations.
Implementation to date includes nine recommendations that are already complete and are already delivering outcomes to keep Tasmanian children and young people safe.
These are:
- The new Safeguarding in Schools Unit within the Department for Education, Children and Young People, focusing on safeguarding children and young people in the education context, as well as educating and informing school staff and the broader school community;
- A new Support Person Policy for the Department of Health.
- A new Children and Young Persons Advisory Group for health services.
- Ensuring we have appropriate settings for the independent entities that oversee, monitor and promote the rights of children and young people, including:
- funding and information-sharing arrangements for the Independent Regulator for the Child and Youth Safe Organisations Framework; and
- the newly appointed Head of the State Service has committed that all future Commissioner appointments for the to be legislated Commission for Children and Young People will be appointed via a merit-based process.
- The governance arrangements for Child and Youth Safety and Wellbeing have been established to ensure a coordinated approach to the implementation of the Commission’s recommendations.
- Funding has been allocated to the Department of Health to progress the One Health Culture Program, which is well established and having critical impact across over 15,000 employees working in our public Health service.
- Regulations to prescribe the Ombudsman as an entity in the Child and Youth Safe Organisations Act to allow it to share information with the Independent Regulator and other entities for the purposes of the Act.
- And new measures to improve accountability for child safety amongst staff in leadership positions, including:
- amending all performance agreements for Heads of Agencies to include specific references to child and youth wellbeing, and
- within the Department of Health, embedding child safety as a priority in leaders’ role descriptions and performance agreements, and documenting child safety as an accountability for all staff.
Today, we are introducing the Child Safety Reform Implementation Monitor Bill 2024.
The Bill will establish an independent Child Safety Reform Implementation Monitor to hold our government’s actions to account as we implement the response to the Commission’s report.
This is a crucial reform, and one that our government has prioritised since the release of our Response.
The Monitor will actively assess and evaluate the Government’s Response to the Commission of Inquiry over time and ensure we have the foundation to support increased transparency and accountability as we work to transform our systems, policies and practices.
In progress recommendations
Legislative program update
The Child Safety Reform Implementation Monitor Bill 2024 is part of a significant program of legislative reforms that will come before this Parliament.
It is important that we, as a Parliament, work together — across party lines — to progress these reforms and make sure the legislative changes endure over time.
New proposed bills will also implement key recommendations made by the Commission, due for introduction in Phase One, including:
- Criminal justice reforms that will change the language to broaden the scope of child sex offences, improve the process for pre-trial rulings, improve the law in relation to jury directions, and clarify that consent is not a mitigating factor in sentencing for child sex offences.
- Reforms to the Civil Liability Act 2002 to allow institutions to issue apologies to victim-survivors without compromising a civil legal defence.
- Amendments to strengthen the processes utilised by the Registrar of Registration to Work with Vulnerable People in making risk assessments.
- And measures to simplify the Evidence (Children and Special Witnesses) Act 2001 and provide greater protection and support for complainants in child sexual abuse trials.
Draft Bills will soon be released for public consultation.
Detailed briefings will be offered to members of Parliament on Commission of Inquiry-related legislation.
Child Sexual Abuse Reform Strategy and Action Plan
Another key recommendation that will be delivered in Phase One is the development of Tasmania’s first Child Sexual Abuse Reform Strategy and Action Plan.
The Department of Premier and Cabinet has been working with our specialist sexual assault services sector to inform the development of the Child Sexual Abuse Reform Strategy and Action Plan.
The Strategy will set out a whole-of-community approach to preventing, identifying and responding to child sexual abuse in Tasmania.
There is significant work underway to develop the Strategy.
This includes engagement with children and young people, victim-survivors and other lived experience experts.
Academic and practice experts are also involved to inform approaches to priority populations including Tasmanian Aboriginal children and young people, children and young people with disability, LGBTIQA+, culturally and linguistically diverse communities.
The Strategy will address, but also look beyond, the recommendations themselves to consider how we can make the changes to our communities and culture to address the underlying causes of child sexual abuse.
Recently, the Sexual Assault Support Service and Laurel House hosted the Courageous Conversations: Towards collective action event in partnership with the Tasmanian Government.
This event brought together victim-survivors, a range of local and national experts, including one of the former Commissioners to learn from those who have experienced child sexual abuse.
It will help us to shape responses to better prevent offending and to protect children.
I want to commend SASS and Laurel House for hosting this important event.
I also understand that SASS and Laurel House have provided the results of preliminary consultations with over 370 Tasmanians on what the Strategy and Action Plan should contain and to ensure that we have a Strategy that meets the needs of Tasmanians and Tasmanian kids.
The Strategy will set the framework for the remaining phases of reform.
While Phase One recommendations set the foundations for the rest of the response, Phases Two and Three are more complex, interrelated activities that will require integrative, collaborative approaches to transform our agencies and systems.
The Action Plan will outline in detail how our agencies will work together to make institutions safer for our children and young people.
Pending the outcome of our preliminary and targeted consultation, it is my intention that Tasmania’s first Child Sexual Abuse Reform Strategy and Action Plan will be released to the general public late June to seek their feedback during July.
Further work on Phase One recommendations
Of the 48 recommendations, four will require a little extra time to ensure that we are doing things in the best way to get the best outcomes for the Tasmanian people.
This is about getting it right.
We remain committed to delivering on all the recommendations and expect to complete this small number of delayed Phase One recommendations by September 2024.
These recommendations have been impacted by the suspension of legislative drafting processes that occurs during caretaker periods.
By convention, it is the practice during all elections that drafting processes are suspended until the result of the election is clear.
Two of the delayed recommendations relate to the Commission’s recommendations to establish a new statutory Commission for Children and Young People.
The new Commission will include the offices of the Commissioner for Children and Young People and the Independent Regulator. It will also include a Commissioner for Aboriginal Children and Young People and a Child Advocate, appointed as a Deputy Commissioner.
The new Commission will administer the reportable conduct scheme under the Child and Youth Safe Organisations Act 2023.
As a related recommendation, our government has agreed to ensure the Independent Regulator and Deputy Independent Regulator functions and associated resourcing and information-sharing provisions are embedded in the new Commission.
Our government remains strongly committed to the establishment of the new Commission.
It will result in better outcomes for children and young people by bringing together key oversight functions within a single authority.
There are significant complexities to the administrative arrangements needed to establish the new authority, to embed the Independent Regulator, and to provide the new entity with all the powers and functions the Commission recommended.
I have asked my Department to continue this work as a priority.
I note that in the meantime, the statutory roles of the Commissioner for Children and Young People and the Independent Regulator are in place and are actively working to advocate for and ensure the safeguarding of children and young people in Tasmania.
We also anticipate that reforms to appeals processes for administrative reviews of Registration to Work with Vulnerable People to the Tasmanian Civil and Administrative Tribunal, or TASCAT, and associated training for TASCAT members, will be slightly delayed.
This will enable the reforms to be considered as part of broader work to review the jurisdictions of the Magistrates Court and TASCAT.
Given the significance of these reforms and the need to provide adequate time for public consultation, we anticipate introducing this Bill in September of this year.
The final recommendation—to provide one-off and increased ongoing funding for out of home care reforms—has been impacted by the delay in the 2024-25 Budget but will be addressed as part of the Budget process in September.
As Members know, our government has looked more broadly than just closing Ashley Youth Detention Centre and is working hard to reform the whole youth justice system in Tasmania.
We have already committed to closing Ashley Youth Detention Centre as soon as possible and transition to new contemporary therapeutic facilities and model of care as one part of its comprehensive reform of the entire youth justice system.
We want to reduce youth offending, see fewer young people entering our youth justice system and reduce the number of young people in detention.
This involves implementing strategies to divert more young people from offending and providing the courts with more sentencing options and mandated interventions that address the root causes of offending.
Priorities include establishing more assisted bail services so young people who are eligible to be bailed while awaiting sentencing don’t enter detention by default due to the lack of a suitable bail address.
In the interim, $5.8M has been allocated to the Department for Education, Children and Young People for immediate improvements to safety and security of the young people residing in Ashley Youth Detention Centre.
This has included review and enhancement of CCTV capability, the introduction of body worn cameras, procedures and training to support the installation of a new body scanner, development and implementation of a new Emergency Response System.
This includes procedures and training to support Ashley staff to effectively respond to a wide range of incidents and development of a new Use of Force/Relational Security Model and training package, which promotes a person-centred and positive approach to behaviour.
We will also provide more and better services for young people exiting detention so they can be supported on their transition back into the community and avoid reoffending.
And I am advised that DECYP is continuing to strengthen its approach to case management to ensure that when a young person is released by the courts, they have the necessary supports in place.
This includes reviewing their individual needs and required supports alongside the capabilities of service providers known to us to determine what those options might be.
We have announced partnerships with organisations like JCP Youth to provide these supports, and place-based initiatives that will address hot-spots of youth offending around the State, in partnership with local communities.
Only by reducing the numbers of young people entering Ashley can we meet the Commission of Inquiry recommendation for a detention centre that is small and homelike.
Madam Speaker:
While we are on track for completing 44 out of the 48 phase one recommendations, I understand that it is hard to hear about any delays, but I am pleased with the significant progress that has already been made across what is one of the most comprehensive reform programs our state has ever undertaken.
I want to assure you that our focus is ensuring we get the right outcomes to make our children and young people safe, and we are not prepared to compromise those outcomes in favour of simply ticking boxes.
Madam Speaker, a dedicated approach to driving this reform is required with appropriate expertise and resourcing to accelerate a coordinated approach to youth justice outcomes as soon as possible.
The new Head of the State Service is currently leading a whole of government team that is progressing elements of our Youth Justice Blueprint, that require cross agency cooperation.
We will also shortly be convening the Youth Justice Community Taskforce which will operate as a forum of representatives from key community service organisations to provide input into youth justice reform in Tasmania.
The Government will continue to work closely with the Commissioner and other external stakeholders including service providers, Aboriginal organisations and the judiciary to ensure a coordinated whole system approach.
Transparency
I understand that we need to show our commitment through our actions, and that being open, transparent, and clear about our progress is a key part of rebuilding trust in our institutions.
We will continue to be open and transparent with the Tasmanian people on this matter. Progress reports are available via the dedicated website — Keeping Children Safe – and will be released quarterly to inform the community on progress.
We will continue to be open and transparent about the progress of the independent reviews that our government commissioned following the release of the Commission’s report.
These reviews are to assure Tasmanians that the handling of matters of concern raised by the Commission of Inquiry, and to make sure the Tasmanian community can have confidence in the State Service.
Routine Disclosure
Today I also wish to provide an update on the action taken by Heads of Agencies to assess the information referred to in the COI Report.
My Department has been reporting on a monthly basis on the status of assessments by Heads of Agencies in relation to matters arising from the COI and the outcomes of those assessments.
Today I can report that of the 22 employees identified by Heads of Agencies as alleged perpetrators:
- 1 is deceased;
- 2 have been convicted of criminal charges, which is a matter of public record;
- 4 have been terminated through an ED5 process;
- 8resigned prior to an ED5 commencing;
- 4 have active ED5 processes underway noting that these employees are suspended; and
- 3 employees have returned to duty following conclusion of ED5 processes.
This means that of the total of 22 matters, 4 remain subject to active ED5 processes.
All alleged preparators have been referred to police and all relevant regulatory authorities.
Furthermore, I can report that of the 42 non-perpetrator employees identified for assessment by Heads of Agencies that:
- 2 are deceased;
- 7 current employees have active ED5 processes underway;
- 12resigned prior to, or during an ED5 process;
- 17 current and former employees are still under assessment;
- 1 employee was found to have breached the State Service Code of Conduct and received a sanction other than termination; and
- 3 employees have been assessed resulting in no further action.
This means that of the total of 42 matters, 7 current employees remain subject to active ED5 processes, and 17 assessments are due to be completed.
In addition, I have tasked the new Head of the State Service to consider the status of all Commission of Inquiry assessments and ED5 investigations in relation to current and former employees and to improve timeliness of the outcomes.
I have also asked for increased transparency of the disclosure reporting to ensure the public service is accountable to the community.
I can also report that in relation to assessments by the Commissioner of Police in relation to current and former Police officers that:
- Of the 6 current or former employees identified by the Commissioner of Police:
- 1 is deceased;
- 3 current or former employees were found to have breached the Code of Conduct under the Police Service Act 2003 and received sanctions other than termination; and
- 2 current or former employees were assessed as requiring no further action or referral to Professional Standards.
Whilst I will not release individual employee details, this does not mean action is not being taken.
Strong action has been taken and will continue, to ensure Tasmanian children and young people are safe and well in our care.
Blake Review
On 12 April 2024, I released the final report of the review by former Auditor-General, Mr Mike Blake, into matters of concern of the Commission of Inquiry regarding the actions of Heads of Agency.
The report found no potential breaches of the relevant codes of conduct. Mr Blake’s full report is available via the keeping children safe website.
Mr Blake made a number of other recommendations in his report, and I have tasked the new Secretary of DPAC with providing me with advice about this.
I will provide advice to the House in due course.
Woolcott Review
The Woolcott Review, by former Australian Public Service Commissioner Peter Woolcott AO, is looking at the actions of government agencies, and responses to information and concerns raised by the Commission.
Mr Woolcott has invited members of the public to make written submissions to the review, and detailed information on the submissions process can also be accessed via the Keeping Children Safe website.
In accordance with the Terms of Reference, I have received a progress report from February to May 2024 from the Independent Reviewer.
The update provides the scope of the review and details how the review will be conducted.
Today, I table the progress report in the House.
Conclusion
We will continue to work to build a child-safe future for our State, to hear and act on the voices of those who have suffered abuse in our systems and institutions.
I want to reaffirm that our government remains steadfast in our commitment to implement the changes recommended by the Commission of Inquiry.
And we remain committed to working together with our fellow members of the Tasmanian Parliament to deliver enduring change.
