The Commonwealth Child Safe Framework (the Framework) sets minimum standards for Commonwealth entities to create and maintain behaviours and practices that are safe for children.  

Under Requirement 4 of the Framework, Commonwealth entities are required to publish an annual statement of compliance with the Framework including an overview of the entity’s child safety risk assessment.  

The Administrative Review Tribunal (the Tribunal) is committed to promoting and maintaining a culture that protects children and young people from the risk of harm or abuse in fulfilling its mandate and that the best interests of the child is a primary consideration in all interactions involving children. We at the Tribunal consider this in our approach to all aspects of our work and we are committed to complying with the Framework.

As Tribunal staff and members rarely interact with children under 18 in the performance of their duties, the risk factor is rated as low.

Instances where members or staff may interact with children or young people include when a child or young person:

• accompanies a parent or guardian, whether member of staff or Tribunal member
• accompanies a parent or guardian to Tribunal premises in connection with an application for review  
• attends Tribunal premises to observe public hearings  
• undertakes work experience, internships or employment at the Tribunal (or contacts the Tribunal about these types of opportunities)
• attends education or outreach activities run by the Tribunal
• participates in the Tribunal’s National Moot Competition. 

Where children are in direct contact with the Tribunal and its staff or members, risk factors include:

• trauma or re-traumatisation through observation of, or involvement in, Tribunal reviews  
• uncertainty as to the child’s involvement and rights in connection with a Tribunal review. 

We continue to demonstrate our commitment to the protection of children and young people through the implementation of the Framework by:

• making mandatory the completion by all staff of relevant online training modules to ensure awareness and understanding of the Framework
• ensuring that children are always accompanied by a parent or guardian
• ensuring that communication intended for children and young people is fit for purpose and targeted at the appropriate level
• limiting the presence of children in circumstances where their inclusion is likely to cause emotional or physical distress
• ensuring that contact with children is culturally appropriate and interpreters who are suitably trained in working with children and/or child safe matters are used if needed
• ensuring staff are always cognisant of the physical and emotional safety of participating children and all interaction with children occurs in visible work environments
• improving our incident reporting process to ensure it is fit for the reporting of incidents involving child safety.  

The Tribunal’s Chief Executive Officer and Principal Registrar has endorsed the annual statement of compliance, demonstrating the Tribunal’s commitment to the protection of children and young people in all aspects of the Tribunal’s operational environment.

In accordance with Requirement 1 of the Framework, the Tribunal has undertaken an annual risk assessment [PDF, <1 MB].