SCHEDULE 2 - Entities to comply with child and youth safe standards

Section 14

1.    Interpretation

In this Schedule –

religious community service means an organisation that is based in religion but that provides only practical or support services;

religious entity means an organisation which conducts religious services to congregations or carries out religious work but does not include a religious community service.

2.    Entities to comply on and after 1 January 2024

The following entities, or classes of entities, are to comply with the standards on and after 1 January 2024:

(a) the following entities that provide accommodation or residential services:

(i) an entity that provides housing services or other assistance to homeless persons and that provides overnight beds for children;

(ii) an entity that provides or facilitates overnight excursions, camps or stays for children;

(b) a religious community service or a religious entity that provides activities or services of any kind, under the auspices of a particular religious denomination or faith, through which adults have contact with children;

(c) the following entities that provide child care or child-minding services:

(i) a child care service within the meaning of the Child Care Act 2001 ;

(ii) commercial babysitting services or au pair services;

(d) the following entities that provide child protection services or out-of-home care:

(i) a Community-Based Intake Service within the meaning of the Children, Young Persons and Their Families Act 1997 ;

(ii) an entity that provides services or facilities for the care of children under the Children, Young Persons and Their Families Act 1997 ;

(iii) an entity that provides an adoption service under the Adoption Act 1988 pending the adoption of the child under that Act;

(iv) an entity that provides children's contact services, including safe, supervised environments provided for children to spend time with a parent with whom they do not live, or to facilitate the transfer of children from the care of one parent to another;

(e) a disability services provider within the meaning of the Disability Services Act 2011 ;

(f) the following entities that provide educational services:

(i) an approved provider within the meaning of the Education and Care Services National Law (Tasmania);

(ii) an entity that provides an approved service within the meaning of the Education and Care Services National Law (Tasmania);

(iii) a State school within the meaning of the Education Act 2016 ;

(iv) a non-government school within the meaning of the Education Act 2016 ;

(v) a centre, unit or institute of the State which provides educational instruction at any level up to, and including, the final year of secondary education within the meaning of the Education Act 2016 ;

(vi) TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021 ;

(vii) the University of Tasmania as continued by the University of Tasmania Act 1992 ;

(viii) a group training organisation as defined by the Training and Workforce Development Act 2013 ;

(ix) a host employer as defined by the Training and Workforce Development Act 2013 ;

(x) a training organisation registered under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;

(xi) a registered higher education provider registered under the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth that operates a campus located in Tasmania;

(g) the following entities that provide health services:

(i) a public hospital within the meaning of the Tasmanian Health Service Act 2018 ;

(ii) a private hospital licensed under the Health Service Establishments Act 2006 ;

(iii) an approved facility within the meaning of the Mental Health Act 2013 ;

(iv) a residential care service licensed under the Health Service Establishments Act 2006 ;

(v) a day-procedure centre licensed under the Health Service Establishments Act 2006 ;

(vi) Ambulance Tasmania as established by the Ambulance Service Act 1982 ;

(vii) a NEPT Service as defined in the Ambulance Service Act 1982 ;

(viii) an entity that provides counselling services;

(ix) an entity that provides a health program as defined in the Health Practitioner Regulation National Law (Tasmania);

(x) an entity that provides a health service as defined in the Health Practitioner Regulation National Law (Tasmania);

(h) the following entities that provide justice or detention services:

(i) an entity that provides a service specifically for, or a service specifically to, a youth, for the purposes of the Youth Justice Act 1997 ;

(ii) an Australian lawyer who provides representation or advice to children;

(i) the Governor and any person holding appointment under the Governor of Tasmania Act 1982 ;

(j) the Parliament of Tasmania;

(k) a Government Agency;

(l) a council.

3.    Entities to comply on and after 1 July 2024

The following entities, or classes of entities, are to comply with the standards on and after 1 July 2024:

(a) a club, association or cadet organisation that has a significant membership of, or involvement by, children;

(b) an entity that provides a coaching or tuition service to children;

(c) an entity that provides commercial services to children including, but not limited to –

(i) entertainment or party services; and

(ii) gym or play facilities; and

(iii) photography services; and

(iv) talent or beauty competitions;

(d) an entity that provides, on a publicly funded or commercial basis, a transport service specifically for children;

(e) an entity operating as a Neighbourhood House that provides community development, support, training and activity programs and is –

(i) a member of the Neighbourhood House Program managed by the Department of Premier and Cabinet; or

(ii) receives Commonwealth funding for the purpose of such programs.