CREATE Foundation strongly supports the Tasmanian Commission for Children and Young People Bill 2024, which aims to strengthen safeguarding and uphold the rights of children and young people in Tasmania.
Expanding the Commissioner’s role into a Commission made up of three statutory and independent officers, while also assuming the functions of the Independent Regulator, is expected to deliver a more streamlined and clearer system that is easier to navigate.
Under the proposed structure, the new Commission will consist of three Commissioners, each with distinct but complementary roles:
- Commissioner for Children and Young People – Head of Agency, overseeing systemic advocacy and governance, and assuming the functions of the Independent Regulator once the current term concludes in 2029.
- Commissioner for Aboriginal Children and Young People – Holding similar powers, with a specific focus on individual advocacy for Aboriginal children and young people in care and youth justice systems. Aboriginal young people can choose whether to be represented by this Commissioner or the Child Advocate.
- Child Advocate – Holding comparable powers, with an individual advocacy function for children in care and youth justice systems, and responsibility for introducing the Independent Visitors Scheme, which will connect trusted adults with young people in care or detention facilities.
During the consultation phase, November 2024, CREATE collaborated with the Department of Premier and Cabinet (DPAC) to consult children and young people with lived experience in out-of-home care. Their insights into the Draft Bill shaped several key amendments now reflected in the final version.
Changes to the Bill, tabled on 24th September 2025, reflect confirmation that a young person will be on the selection panel when recruiting for each commissioner, as well as having a separate selection panel made up entirely of young people.
Young people with lived experience in care can have particular priorities to others involved in recruiting staff. It is important that young people’s views on the qualities needed in staff members are listened to and considered for the Commission to be effective.
“I think it would be really cool to create a little board system where you’ve got multiple young people with diverse backgrounds. That way you get a bit of everyone’s opinion. You would need like varied ages genders all that sort of stuff.” – Young person
“That way young people can also turn around and go, nope, sorry, I want somebody else. If you’re all the same types of people [involved in recruitment], or they are all being picked by the one person, then I feel like the diversity will not be there as much.” – Young person
“I feel like adults sometimes look at degrees and young people, we look at like personalities, you know, if we gel really well.” – Young person
Further to this, CREATE Foundation is pleased to hear that there will be a much stronger emphasis on young people’s agency and choice as children and young people can decide if they do not wish to engage with the Commission, and their privacy will be respected. There will be a stronger emphasis on children’s rights, and rights-based language, strengthened by having the Independent Regulator as a function of the Commissioner for Children and Young People.
“I think you should always ask before sharing any sort of like private information. I’d like someone [who says] ‘I see you, I understand you, would you like me to act on it and also escalate it?’ type thing.” – Young person
The definition of ‘Young Person’ in regards to the Commission has been updated from 18 years old to now recognising young people up to the age of 20 if they have had any contact with youth justice or out-of-home care prior. Tasmanian children and young people in care have responded to this and asked if this can be revised to the age of 21, not 20, to reflect current supports in care. It has been expressed that this will be up to parliament to review with regular review processes occurring.
The new Commission will be appointed by the government, but will stand and operate independently once appointed. During consultation, the young people of Tasmania strongly believed the proposed Commission should be independent from Government. Their reasons for wanting this included that this would allow for greater, unbiased oversight of Child Safety and would allow for young people’s voices to be heard independently from Child Safety.
“I always felt wrong telling another worker that my worker wasn’t how I wanted them to be. I definitely think young people will find it a little bit easier to actually talk [to an independent Commission].” – Young person
“[Young people in OOHC] are supposed to have a Child Safety Officer, but if they are not listening to the child [the Commission could] have someone those kids can reach out to and say, ‘hey something’s not working.’” – Young person
The responsibility for establishing the Commission for Children and Young People has now transferred from the Department of Premier and Cabinet (DPAC) to the Department of Justice. It is evident that DPAC has upheld their commitment to the voices of children and young people, and CREATE recognises the Department of Justice is continuing this advocacy by following up in invitations to discuss what the final Bill does and how feedback from young people was actioned.
Young people with lived experience in out-of-home care have expressed their thoughts in feeling heard since the draft bill was tabled on the 24th of September 2025.
“I feel this will be a better Bill and I feel that we really have been listened to” – Young person
Where to from here
Young people have questioned how the Commission will support out-of-home care and youth justice differently, as each setting presents unique challenges and contexts which can limit or disrupt the developmental and wellbeing needs of children.
In response to this, the department indicated that the Independent Visitors Scheme will play a part in ensuring that children and young people in these settings have additional supports to raise concerns and communicate their needs. The details of the Independent Visitors Scheme will continue to be developed with further consultation with children and young people. The Commission recognises the differences needed in support, and will include different approaches to champion the rights of each child in the care of both systems.
Jen Hyatt, National Advocacy Director at CREATE Foundation, says “Commissioners for children and young people are a vital part of child safety systems throughout Australia. CREATE Foundation is pleased to partner with and support the Tasmanian Commission during its establishment and expansion.”
As the Bill progresses through the House of Assembly and the Legislative Council, CREATE Foundation urges the Tasmanian Government to remain steadfast in its commitment to the voices and rights of children and young people – particularly those with lived experience in out-of-home care. CREATE Foundation is dedicated to partnering with the Tasmanian Government to ensure the voices and rights of children and young people remain at the centre of decision-making.
We look forward to the next steps, including the recruitment for the three Commissioners, and further clarification of the Commission’s operational functions. We strongly encourage the establishment of a youth governance group to advise on implementation, ensuring that the process remains inclusive, safe, and representative of all children and young people.
CREATE Foundation commends the Department of Premier and Cabinet for their meaningful engagement with CREATE’s membership in Tasmania, and for ensuring that children and young people’s insights have directly informed the development of this Bill.
