Child Protection

Ms HILDYARD (Reynell) (14:16): My question is to the Minister for Child Protection. Minister, should you have known about the Philip McIntosh case, as the reporting of critical incidents were changed following the Ann Marie Smith tragedy and again following the McIntyre case?

The Hon. D.C. VAN HOLST PELLEKAAN: Point of order: standing order 97, Mr Speaker.

Ms Hildyard: Mr Speaker, I am happy to seek leave.

The SPEAKER: I take it that the point of order goes to the introduction of facts; is that the interpretation of it?

The Hon. A. Koutsantonis interjecting:

The SPEAKER: Order, member for West Torrens! The Minister for Energy and Mining.

The Hon. D.C. VAN HOLST PELLEKAAN: When the question is followed by 'given that', it is in contravention of standing order 97.

The SPEAKER: I will give the member for Reynell an opportunity to rephrase and/or, as I think she has foreshadowed, to seek leave if she wishes to introduce any facts that are relevant to the question.

Ms HILDYARD: Mr Speaker, I seek leave to provide more factual facts to the house.

The SPEAKER: Leave is—

Members interjecting:

The SPEAKER: Order! There will be silence!

Mr Brown interjecting:

The SPEAKER: Order! The member for Playford will cease interjecting. Before I call the member for Reynell, I call to order the Premier and I call to order the Minister for Environment and Water. I remind all members that the member asking the question is entitled to be heard in silence as is the member endeavouring to answer a question. The member for Reynell has the call.

Ms HILDYARD: Thank you, Mr Speaker. At a 17 September 2020 media conference, the minister said, 'We've made changes to the incident reporting policy, so I will be alerted in future if something of this nature happened. That was changed earlier this year after the incident occurred.'

Members interjecting:

The SPEAKER: Order! The Minister for Energy and Mining.

The Hon. D.C. VAN HOLST PELLEKAAN: Could I—

Members interjecting:

The SPEAKER: Order, members on my left, members on my right!

The Hon. D.C. VAN HOLST PELLEKAAN: Mr Speaker, could I just suggest that you ask the member for Reynell to ask her question from the start to the finish in one go? That would be great.

Members interjecting:

The SPEAKER: Order! Leave was sought to introduce facts. Leave was granted. Facts were introduced. The question has been put to the Minister for Child Protection. If it would assist the Minister for Child Protection, I am content to ask the member for Reynell to ask the question again. Does the member for Reynell wish to do so?

Ms HILDYARD: I will read the whole thing again. My question is to the Minister for Child Protection. Should you have known about the Philip McIntosh case, as the reporting of critical incidents was changed following the Ann Marie Smith tragedy and again following the Matthew McIntyre case?

The Hon. R. SANDERSON (Adelaide—Minister for Child Protection) (14:20): As I have stated publicly, I believe I should have been notified about both cases, and that's why we have a review ongoing, and that is His Honour Paul Rice. The terms of reference for that review are:

1. An examination of the Department’s existing critical incident policies and procedures (and those in use since 2015) (the reporting procedures) for employees to report to their line managers alleged criminal conduct (about which they have become aware during the course of their employment) against a child or young person who is the subject of orders made under the Children and Young People Safety Act 2017 (SA) (critical incidents).

2. Requirements for the line managers and executives of the Department to report critical incidents to the Chief Executive.

3. Whether the reporting procedures satisfy the relevant recommendations made by the Royal Commissions, Inquests and Inquiries listed in Attachment 2, particularly the SA Royal Commission 2012-2013 Report of Independent Education Inquiry.

4. An examination and assessment of the failures to apprise the Minister of the charges against McIntyre and McIntosh.

5. A review into the adequacy of existing disciplinary processes for Departmental staff who fail to comply with their obligations under the reporting procedures.

6. Any recommended improvement to the accountability of Departmental staff, particularly as to the sufficiency of available disciplinary measures.

7. Any recommended changes to the reporting procedures.

8. Recommendations as to any other matters that may arise during the course of the inquiry.

The Reviewer will provide the report on the inquiry to the Attorney-General by no later than 9 February 2021.