11 August 2025
6 min read
#Government, #Administrative Law, #Royal Commissions & Commissions of Inquiry
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The Queensland Government has initiated a comprehensive Commission of Inquiry into the state's child safety system to examine systemic issues and recommend reforms to enhance the protection and well-being of children within the system. Led by former Federal Court judge Paul Anastassiou KC, the 17-month Inquiry commenced on 1 July 2025 and will deliver its final report to the Queensland Government by 30 November 2026.
The Inquiry was established under the Commissions of Inquiry Order (No. 1) 2025, made by the Governor-in-Council. Under the Order in Council and the Commissions of Inquiry Act 1950, the Commissioner has full discretion over how the Inquiry is conducted.
Submissions are open to relevant individuals and entities. To promote transparency, both public and private hearings will be held throughout the Inquiry, with public hearings scheduled at various points in time and locations across Queensland. The Commission’s open hearing was held on 23 July 2025 and discussed procedural matters, including applications for leave to appear at hearings. The first round of public hearings is expected to begin in late August or early September in Cairns. A document outlining the scope of those hearings will be published on the Inquiry’s website prior to its commencement.
Inquiries into Queensland’s child safety system have become relatively frequent. The last major inquiry was the Queensland Child Protection Commission of Inquiry (known as the Carmody Inquiry), which identified several systemic issues in the state’s child safety efforts.
The current inquiry was prompted in part by findings from the 2024 Children in Care Census, as well as a broader need to assess whether the findings of the Carmody Inquiry have been addressed over the past decade.
The terms of reference of the current inquiry are broader than those of the Carmody inquiry. We summarise these terms below.
1. Reforming the residential care system: Investigate models of care and the factors contributing to the growth and reliance on a billion-dollar residential care sector
The residential care sector has grown by 300% from 2015 to 2024. This term includes examining the increased use of Individual Placement Support services and residential care, contemporary models around the world for delivering and licensing residential care, and the current state of the market of residential care providers. The Commission will also analyse previous Queensland Government procurement and contracting processes for residential care providers to identify opportunities to improve efficiency, transparency and accountability.
2. Fixing a broken system: Reviewing the effectiveness of Queensland’s child safety system to keep children safe
This term sees the Commission focus on the practices and procedures of the department responsible for the Child Safety portfolio (currently the Department of Families, Seniors, Disability Services and Child Safety) and that department’s ability to support families and protect at-risk children. It will also explore the issue of service standards and caseloads for child safety workers and examine overseas and interstate approaches to child safety, as well as one of the key issues confronting government at present – cross-agency information sharing.
3. Safer children
‘Safer Children’ will examine systemic and policy issues that have impeded the ability of the department responsible for the Child Safety portfolio to provide support to families and protection to children at risk of harm in Queensland. Additionally, this will examine the establishment of the Child Death Review Board, coronial inquests and investigations involving the death of a child, and issues in foster care, child placement and kinship care.
4. Safer communities: Evaluate the effectiveness of the Department as a corporate parent and whether it can meet community expectations around parenting
Through case studies, the Commission will investigate children subject to dual Youth Justice and Child Protection Orders or children under the guardianship of the department who have committed crimes and fall within the Making Queensland Safer Laws category. The Commission will also identify policy and practice issues contributing to such outcomes.
5. Reviewing Queensland legislation about the protection of children, including the Child Protection Act 1999 and Adoption Act 2009
This term will be used by the Commission to identify necessary reforms that enhance child protection measures.
We expect there may be a focus on the efficient deployment of funding throughout the child protection system and the allocation of future funding to new models of residential care and child protection. This could reduce the fiscal burden on taxpayers and support the design of systems that are fit for purpose.
The Commissioner has been directed to make recommendations that the Commissioner considers appropriate and feasible on:
The tasks described constitute a significant undertaking for a 17-month period.
Next steps and what to expect
The Commissioner intends to initially divide the work of the Commission into several distinct modules, which will be published on the Child Safety Commission of Inquiry website. Work on these modules may progress concurrently or sequentially and each module may involve multiple steps, such as issues or discussion papers, calls for submissions, formal interviews and public hearings.
Government lawyers, in-house counsel, senior executives and those with custody of departmental records should be on alert throughout the Inquiry. Commissions of Inquiry can move rapidly especially as the Commission has the power to request witness statements, require personal appearances to give evidence, receive submissions and order production of departmental records and data. The final report is expected by 30 November 2026, with interim reports to be provided as necessary.
Given the breadth of the terms of reference for this Inquiry, there is scope for a myriad of organisations and individuals, both private and public, required to be involved. Holding Redlich has significant experience in representation before Commissions of Inquiry, including work on the Carmody Inquiry.
If you have any questions on the details of this Inquiry, please get in touch with us.
Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.
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