Commissions of Inquiry

A Commission of Inquiry is an independent investigation established by Government to examine matters of significant public concern. Commissions will often be chaired by a retired judge or a senior legal expert – the Government has announced that Paul Anastassiou KC, a former judge of the Federal Court of Australia, will lead the Commission of Inquiry into the Child Safety System (Inquiry). The Inquiry has been commenced following the findings in the Children in Care Census 2024.

In establishing a Commission of Inquiry, the Government will define the issues to be investigated, and reported on, by the Commission, which are known as the terms of reference. The initial media release provided that the terms of reference fall into the following broad categories:

• 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.
• Repairing a Broken System: review the effectiveness of Queensland’s child safety system to keep children safe.
• Safer Children: consider failures both systemic and policy 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.
• Safer Communities: evaluate the effectiveness of the Department as a corporate parent and whether it is able to meet community expectations around parenting.
• Delivery Failures: prosecute failures of Government and elected Ministers to implement policy to keep Queensland children and the community safe.
• Legislative Reform: reviewing Queensland legislation about the protection of children, including the Child Protection Act 1999 and Adoption Act 2009.

The terms of reference announced by the Department of Justice on 23 May 2025 expand on the detail contained in the initial media statement, and we understand the Commission's key focus areas include:

• considering the developments in the residential care system since the Queensland Child Protection Commission of Inquiry concluded on 1 July 2013 (Carmody Inquiry), with a focus on the financials of the child safety system (which is interesting given there was public criticism at the announcement of the inquiry given that there have been several similar and related inquiries previously);
• considering methods for improvement, noting case studies from overseas jurisdictions;
• analysing the effectiveness of the Department of Child Safety, including ministerial accountability, governance, oversight, management, training and caseloads;
• analysing the effectiveness of the existing complaints process;
• identifying failures of the Department of Child Safety to intervene or protect children, by summarising findings of coronial inquiries since the Carmody Inquiry and the establishment of the Child Death Review Board;
• investigating the overall decline in foster care rates; and
• investigating the correlation between children in care and youth crime rates.

The announcement confirms that the Commission will be required to issue a final report to the Queensland Government by 30 November 2026, and may make recommendations in relation to the following key areas:

• the models of care to best support children with complex needs;
• the structure of the Department of Child Safety, required training and support for child safety staff, ministerial accountability and other oversight mechanisms;
• a new independent complaints escalation review process;
• methods to support and facilitate foster care, kinship care and adoption (rather than residential care);
• new models of care for intervention and rehabilitation of those children showing risk factors for youth crime or similar; and
• any legislative reforms.

Commissions have wide investigative powers, for example to summon witnesses (such as providers of child services), hold public hearings and make findings and recommendations. Organisations may make submissions to the Commission, or be required to respond to requests for information.

At the conclusion of an inquiry, the Commission will usually deliver a final report to the Government, which may include findings of fact, recommendations for policy, legislative, or procedural changes, and observations on systemic issues. Commissions do not make findings for the purpose of determining civil or criminal liability.

The Inquiry and the Children in Care Census 2024

The announcement indicates the Inquiry has largely been driven by the findings of the Children in Care Census 2024. In brief, the census made concerning findings regarding children receiving care in Queensland in relation to prior abuse, mental illness and disabilities, general societal skills, and developmental, educational, and transitional outcomes.

The Census found that children entering the out-of-home care system often experienced emotional abuse (83% of children), neglect (88% of children), and exposure to domestic violence (68% of children). Of these children, 69% experienced, or were at risk of experiencing, three or more types of abuse prior to entering care.

With respect to children in residential care (i.e., not a foster care or kindship carer arrangement), they show the highest levels of complexity and:

• they are more likely to have experienced sexual (19%), physical (54%), and emotional abuse (90%);
• they experience higher rates of mental illness (40%), self-harming (44%), and school exclusion or suspension (61%); and
• they are more likely to have left care voluntarily (i.e., they have self-placed) (46%).

The census also reported that children in care face significant health challenges, particularly in mental health and disability. Many have complex needs that are not fully met, impacting their ability to participate in education, employment, and social activities. These children also experienced significant developmental and educational challenges, with many children requiring targeted support to manage intellectual impairments, behavioural issues, and to successfully transition into adulthood.

We have been assisting clients and advising them of the potential implications of the Inquiry. If you have any queries as to what the Inquiry means for your organisation or would like us to assist, please do not hesitate to reach out to our team. Otherwise, we will continue to keep you updated as further information is released.