Frequently Asked Questions (FAQs)

Who is the Implementation Monitor?
  • Mr Robert Benjamin AM SC was appointed as the Implementation Monitor on 3 December 2024.
  • Robert served as a Justice of the Family Court and as a Commissioner of the Commission of Inquiry (COI). Robert brings a wealth of expertise and unwavering dedication to this role. He is deeply passionate and honoured to continue this work as the Implementation Monitor.
  • Established for a five-year term, this independent role fulfils Recommendation 22 of the Commission of Inquiry into the Tasmanian Government’s Response to Child Sexual Abuse in Institutional Care.
What is the Commission of Inquiry about?
  • Over two and a half years, the Commission performed an in depth review of the prevalence and systemic causes of child sexual abuse in Tasmania. It resulted in 191 recommendations aimed at transforming legal, cultural and institutional frameworks in health, education, child protection, youth justice and other sectors.
  • The COI’s findings revealed harrowing truths about the vulnerability of our children, and the failures of the systems meant to protect them. The recommendations provide not just a roadmap for reform, but a commitment to ensure that no child endures such suffering again.
  • The COI’s final report was tabled in the Tasmanian Parliament on 26 September 2023. At a joint sitting, all political groups – Government, Opposition, the Greens and Independents - united to endorse the implementation of the recommendations. This bipartisan commitment is to be praised as a significant step forward in addressing systemic failures.
What is the role of the Implementation Monitor?
  • The Implementation Monitor is an independent statutory officer appointed by the Governor of Tasmania under the Child Safety Reform Implementation Monitor Act 2024 (the Act).
  • The Implementation Monitor will provide independent oversight and assessment to make sure the recommendations of the COI are implemented and have the intended effect of making our children and young people safe.
  • According to the Act, the role of the Implementation Monitor is to:
    • ensure accountability and, as far as possible, transparency in the implementation of relevant recommendations
    • review the implementation of monitored recommendations in consultation with stakeholders
    • evaluate and report on the impact and effectiveness of the actions taken to implement relevant recommendations.
  • The Implementation Monitor will work collaboratively with government agencies and departments to oversee the implementation of relevant recommendations.
  • The Implementation Monitor will consider solutions that meet the underlying purposes and outcomes which the recommendations seek to address.
  • At the centre of the Implementation Monitor's approach will be the imperative to:
    • protect all children from the scourge of sexual abuse
    • ensure the stories of children who are abused are genuinely heard, that they are cared for, and that lessons are learned from their experiences
    • ensure that the abused child and other children are protected from ongoing risks of abuse.
What exactly will the Implementation Monitor do?
  • The Implementation Monitor will oversee and report on the Government’s adoption of COI recommendations. This will happen through the active review, assessment and evaluation of monitored recommendations.
  • In the first year, the Implementation Monitor will prioritise the development of an Implementation Framework. This framework will monitor the implementation of relevant recommendations and produce written reports for the Tasmanian Parliament.
  • The Implementation Monitor will report to Parliament on an annual basis. These reports will independently evaluate how effective the measures and actions taken have been, especially around the safety of children and young people in government and government funded institutions.
  • The Implementation Monitor is required to report at various intervals. The Monitor may also publish reports on related matters as they see fit.
What recommendations will the Implementation Monitor oversight?
  • The Implementation Monitor will provide written reports to the Tasmanian Parliament and the community on the implementation of recommendations of:
    • the Commission of Inquiry
    • the Independent Inquiry into the Tasmanian Department of Education's Reponses to Child Sexual Abuse
    • the Department of Health’s Child Safe Governance Review
    • recommendations of the Royal Commission into Child Sexual Abuse that were accepted but not implemented
    • any other recommendations relating to child safety reforms that are referred to the Implementation Monitor.
How will new matters be referred to the Implementation Monitor?
  • There are provisions in Section 13 of the Act stating that new matters relating to child safety and wellbeing may be referred to the Implementation Monitor by the responsible Minister or following a resolution approved by both Houses of Parliament.
  • The process of referring new matters to the Implementation Monitor will be considered by the Minister.
  • Any new matters referred to the Implementation Monitor must be published in the Tasmanian Government Gazette.
Which Minister is responsible for the Child Safety Reform Implementation Monitor Act?
  • The administration of the Act is assigned to the Minister for Justice.
  • The Department responsible to that Minister in relation to the administration of the Act is the Department of Justice.
How independent is the Implementation Monitor?
  • The Implementation Monitor is an independent statutory officer appointed by the Governor of Tasmania under the Child Safety Reform Implementation Monitor Act 2024 (the Act).
  • The Act states that the Implementation Monitor is not subject to the direction or control of any Minister relating to the performance of their functions or in the exercise of their powers.
  • The Act also states that the Implementation Monitor has complete discretion about the content of their reports, how they conduct their reviews and what recommendations they make.
  • While reports are provided to the Minister, they must also be published and tabled in each House of Parliament.
Will the Implementation Monitor have its own staff?
  • The Implementation Monitor is a statutory position under the Act and their role is independent.
  • The Implementation Monitor has a small team to support their role and the functions of the Office. The team is currently working to establish the Office. They also provide support to the Implementation Monitor as he prepares to develop an Implementation Framework and deliver an annual report in 2025.
  • This is a similar arrangement used to support other statutory roles across Government, including the Commissioner for Children and Young People.
  • The Commission recommended that the Implementation Monitor be separately and directly funded. This has been achieved through the creation of a statutory role under the Act, with reserved by law funding.
What is the Implementation Framework trying to do?
  • Under the Act, an Implementation Framework must be developed by 2 December 2025. This is within twelve months of the Implementation Monitor’s appointment.
  • The purpose of the framework is to:
    • outline the requirements for and methods of data reporting, information collection and evaluation
    • Communicate the rationale for the methods chosen by the Monitor to perform its functions and exercise its powers.
  • The framework is to include:
    • key indicators
    • reporting requirements of Agencies
    • data collection and publication requirements of Agencies
    • intervals for evaluation and assessments
    • any other matters that the Monitor considers appropriate to include.
Who will the Implementation Monitor consult with?
  • Under the Act, the Implementation Monitor must consult with:
    • government agencies
    • the community sector
    • children and young people
    • victim survivors.
  • ‘It is our collective responsibility to act, as we owe it to the survivors of child sexual abuse and the families of those who tragically did not survive.’ – Robert Benjamin, Implementation Monitor.
  • The Implementation Monitor will:
    • listen to children and survivors, ensuring their voices guide the reform process
    • work collaboratively with government agencies and departments to oversee the implementation of the recommendations.
  • While the desire is to work with government constructively, the Implementation Monitor will not hesitate to hold institutions accountable if progress falters.
  • A priority for the Implementation Monitor is to develop a stakeholder engagement plan that ensures the voices of Tasmania are heard and can contribute to the reforms.
  • The work ahead is extensive and will span years. However, it represents the opportunity to work together to rebuild trust and systems that prioritise the safety and well-being of all children.
What powers does the Implementation Monitor have to require information?
  • The Implementation Monitor has the power to request information from an Agency that is deemed necessary in order for the Monitor to perform the functions or exercise the powers of their Office.
  • This includes any information relevant to:
    • the Monitor’s assessment of the implementation of the recommendations from relevant reviews
    • a consideration of the outcomes being delivered for children and young people.
  • The Monitor may also provide restricted information they have received, such as incriminating evidence, to an entity in order to investigate the matter further.
  • The Implementation Monitor may also enter and inspect any land, place, building or structure operated by an Agency during normal business hours or as agreed by the Agency.
  • While visiting, the Implementation Monitor may:
    • inspect any document, thing or activity
    • take photographs
    • make copies of items
    • talk to any person over 16 years of age
    • require areas to be unlocked
    • observe the operation of a system, process or procedure
    • require the demonstration of a system, process or procedure.
  • The Implementation Monitor cannot request information that:
    • relates to the physical, mental or psychological health of a person
    • is communicated to a medical professional
    • may incriminate a person in respect of an offence or crime
    • is the subject of legal privilege.
  • These are considered reasonable limitations on the powers of the Monitor.
How will compliance of Agencies with information requests be monitored and reported?
  • Under the Act, an Agency has a duty to cooperate with requests for information from the Monitor.
  • If an Agency cannot comply with a request for information, it must provide an explanation to the Monitor as to why compliance is not possible.
  • The Monitor expresses confidence in the dedication of state officials and Ministers. However, the Implementation Monitor will use the extensive legislative powers granted to the statutory role in cases of obstruction or delay.
  • The Implementation Monitor can report concerns to parliament at any time.
  • The Monitor is required to publish an annual report, due by 30 September each year. As the primary role of the Implementation Monitor is to ensure accountability through reports to Parliament, the annual report must include information on:
    • any compliance notices given by the Implementation Monitor to an Agency and whether the notices have been complied with
    • whether the Implementation Monitor is satisfied that an Agency that cannot comply has reasonable grounds to do so.
  • There are no specific penalties under the Act for non-compliance with requirements set by the Implementation Monitor. However, there is an offence under Section 34B of the Police Offences Act 1935 for any person to resist, intimidate or obstruct a public officer in the execution of their duty.
  • The Monitor considers it to be very unlikely that there will be issues with non-compliance that cannot be quickly resolved.
What the Implementation Monitor is not
  • The Act recognises that the role of the Monitor is a systematic one. The Act does not provide the Monitor with law enforcement type powers to override common law privilege.
  • The Implementation Monitor is not an integrity or a standards compliance body like the Integrity Commission or Independent Regulator. For example, the Integrity Commissioner can override privilege unless the person makes successful application to the Supreme Court.
  • The Implementation Monitor can report reportable conduct and relevant concerns to the Heads of Agencies or bodies such as the:
    • Registrar of the Registration to Working with Vulnerable People Scheme
    • Independent Regulator
    • Integrity Commission.
  • The Monitor can also report concerns about criminal conduct to the police.
  • Communicating what the Implementation Monitor is not responsible for makes sure that the focus of the statutory role is clear. It also helps to manage the scope and expectations of both the Parliament and the community. This focus must be maintained in order for the Office to be effective.
How do I contact the Implementation Monitor?
  • If you would like to contact the Implementation Monitor, you can send an email to contact@oim.tas.gov.au . More information, including telephone and postal address, is available on the Contact us page.