Dr WOODRUFF - Attorney-General, recommendation 18.13 on page 85 includes introducing legislation or regulations to require Tasmanian Civil and Administrative Tribunal provides support for tribunal members who review decisions under the Registration to Work with Vulnerable People Act by providing them with the knowledge, skills, experience and aptitude they need to deal with each matter, specifically including child sexual abuse, neglect and family violence. It also requires TASCAT to have sufficient funding from your Government to make sure this happens.
The Government's response to the commission of inquiry to that part of the recommendation is that:
The DOJ will continue discussions with TASCAT to ensure tribunal members hearing such matters have the right knowledge, skills, experience and aptitude.
That is not what the commission has recommended. Why aren't you intending to legislate this as a requirement, which is what they recommended? For example, the forest practices stream and the resource and planning stream has skills amendments for tribunal members who are legislated. Why would it be different for RWVP matters?
Mr BARNETT - Thank you very much for the question. I think it is in two parts. The first part recommends the administrative appeals from decisions made under the registration for working with vulnerable people scheme be heard by TASCAT. Of the recommendations currently being progressed through a bill being developed by my department, it's one of the 54. The bill will confer jurisdiction on TASCAT for a range of administrative appeals that currently lie in the Magistrates Court, including a review of decisions made under the Registration to Work with Vulnerable People Act 2013.
The second part of the recommendation is to ensure the tribunal members hearing these appeals have the appropriate knowledge, skills, experience and aptitude to deal with each matter. This aspect of the recommendation has not yet commenced. These changes will ensure registration decisions can be challenged in a forum that provides trauma-informed support for victims/survivors of sexual abuse. The commission's time line to complete is 1 July 2024.
The Government's implementation of the recommendation is in progress and the recommendation is partially funded. TASCAT is funded to provide supports to tribunal members. However, any further funding requirements will be considered during implementation. I should add as a concluding note that I had an excellent tour of TASCAT yesterday and that went very well; it's an excellent institution.
Dr WOODRUFF - I know that. You're slightly gliding over my question. I'm not disagreeing with the intention of what you're saying but that's not what was recommended. You could have a conversation today with TASCAT and they say they will provide education and training, et cetera. They specifically say 'legislate or regulate to require' that TASCAT provides it.
Mr BARNETT - I'll ask the deputy to add to that answer.
Ms BOURNE - Certainly the department has had initial discussions with the president of TASCAT, and as the Attorney-General has alluded to, part of the next steps that our strategic legislation and policy team will undertake is to work with relevant stakeholders, including TASCAT, about the most suitable wording for the legislative instrument to ensure that tribunal members have the necessary and appropriate skills, knowledge and aptitude.
Dr WOODRUFF - So you are going to do the legislative -
Ms BOURNE - That's certainly the intention, subject to formal approval through the Attorney-General.
