Important piece of reform passes Parliament

On the morning of December 10 2025 the Commission for Children and Young People Bill 2025 passed the Tasmanian Parliament.

This was a major milestone for one of the most consequential changes envisaged by the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings (the COI).

From the Monitor, Robert Benjamin AM KC:

"The Tasmanian Parliament passed the new Commission for Children and Young People Bill 2025 in December this year in its final 2025 sittings.

The passing of that legislation, pending its final enactment into law, is a significant and positive step forward toward completing Commission of Inquiry Recommendations 9.14, 18.6 and 18.7. This law will enable better protection of Tasmanian children.

I commend the dedicated state officials who worked assiduously and constructively to draft and complete the Bill and the Parliament and Government in passing it."

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Recommendation information:

COI 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.

COI 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:
   1. a Commissioner for Children and Young People
   2. a Commissioner for Aboriginal Children and Young People
   3. 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:
   1. 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
   2. administering the Reportable Conduct Scheme as Independent Regulator under the Child and Youth Safe Organisations Act 2023
   3. 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)
   4. advocating for individual children in out of home care, youth detention and other residential youth justice facilities
   5. 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)
   6. 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)
   7. making recommendations to government for out of home care and youth justice system improvements
   8. promoting the participation of children in out of home care and youth justice in decision making that affects their lives
   9. 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.

COI 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:

1. 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
2. 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
3. the adult and children’s selection panels for the role of Commissioner for Aboriginal Children and Young People have a majority of Aboriginal members
4. 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.