Statutes Amendment (Recommendations of Independent Inquiry into Child Protection) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 16 March 2021.)

Ms HILDYARD (Reynell) (11:44): I rise on behalf of the opposition as the lead speaker to support these amendments to the Children and Young People (Safety) Act and to the Bail Act 1985. Retired Judge Paul Rice recommended that the maximum penalty for a breach of written directions be increased from one year to three years and to four years for a second or subsequent offence. He also recommended that presumption against bail in certain cases be extended to an applicant taken into custody in relation to an offence against section 86(4) of the Children and Young People (Safety) Act 2017.

Labor had itself drafted two similar if not identical amendments based on the recommendations of former Judge Rice in his scathing review of the failures of this government and its minister in these tragic cases. Given the government's amendments cover off on Labor's own amendments that we were considering, we are very happy to support the government's position on these amendments.

What happened to the two 13-year-old girls in care who were abused by paedophiles, which led to the Rice review, is utterly shocking. Our South Australian community must be assured that everything possible is being done to ensure that this can never happen again. What happened to those girls is deeply, utterly unacceptable. It is heartbreaking. Retired Judge Paul Rice found the minister failed to inform the department that she wanted to know about the serious sexual abuse of children under guardianship.

Instead of taking responsibility for this terrible lack of inquisitiveness, the minister has had further responsibilities taken from her. In 2019, significant functions focused on early intervention and prevention were stripped from the responsibility of the Minister for Child Protection and allocated to the Minister for Human Services. Now, in the wake of this damning review, the minister has had the responsibility for critical incident reporting taken from her and given to the Department of the Premier and Cabinet.

We support the passage of these amendments. However, we will also continue to call for change that addresses the systemic issues our state faces that inhibit the wellbeing of children in care. As the Guardian for Children and Young People has done, we will continue to call for a community visitor scheme to be funded and operated by the Guardian for Children and Young People. We will continue to question why 14½ thousand calls last year to the Child Abuse Report Line simply went unanswered.

We will continue to ask questions about the heartbreaking number of children who went into care last year—500 more children went into care last year—and we will continue to ask the serious questions that must be asked about the staffing crisis in the Department for Child Protection, a staffing crisis that has been well documented and well articulated, a staffing crisis that sits alongside the government's own budget papers, which detail a $10 million underspend in staffing and training.

Again, we will support the passage of these amendments, but we remain highly concerned about the systemic issues in child protection and the impact they are having on the most vulnerable South Australian children and young people. We will continue to raise questions and call for the urgent changes that must occur.

Ms LUETHEN (King) (11:48): I thank the Attorney-General for these amendments, and I thank the Minister for Child Protection for her leadership in keeping children in this state safe. Our government is committed to protecting our most vulnerable community members, and we believe community safety is paramount. We believe in ending violence against women and children and, as a government, we work every day to introduce the changes that we think will achieve this. We will achieve this through collaborating with police, emergency services, our government agencies and, importantly, our community to deliver the best possible safety outcomes across the state.

We believe there is an important role for government in providing protection and support for those young people in our community who may be unable to care for themselves and who are at risk from predators in our community. This focus by our government is unrelenting. Every child deserves every chance of growing up safely so they have the best chance of reaching their full potential no matter what their start is or what their circumstances are. Children's safety and best interests needs to be at the heart of our child protection laws and policies in this state and this is firmly where we are putting our focus.

This is our government's commitment to the people of South Australia: we will put children's safety first. Our children are our future and their protection by this government is our priority. That is why we have appointed a dedicated, hardworking child protection minister and that is why we are amending these laws today. This commitment in focus is one that I know I have the firm support of my community of King.

On 16 February 2021, the report of the independent inquiry into child protection matters undertaken by Paul Rice QC (the Rice review) was tabled in parliament and made several recommendations for reform to departmental policy and practice—two recommendations require legislative amendment. We are acting swiftly to address the issues in Mr Rice's report. The Marshall Liberal government committed to introducing a bill to give effect to the same within 30 days.

As background, on 16 February 2021 the Attorney-General tabled a report of the independent inquiry into child protection undertaken by Paul Rice QC. The government has accepted the six recommendations and taken additional steps to address the issues highlighted in the report. The Statutes Amendment (Recommendations of Independent Inquiry into Child Protection) Bill 2021 implements the two recommendations in the report that require legislative amendment, being recommendations Nos 5 and 6. The bill:

1. Increases the penalty for failing to comply with directions made by the Chief Executive of the Department for Child Protection under section 86 of the Children and Young People (Safety) Act 2017 to three years for a first offence and four years for any subsequent offences; and

2. Designates a person arrested for breach of written directions made under section 86 of the Children and Young People (Safety) Act 2017 as a prescribed applicant for the purposes of section 10A of the Bail Act 1985 so that the presumption in favour of bail does not apply.

That means that if an alleged predator takes advantage of one of our vulnerable children in state care they will not get bail.

Mr Rice QC examined the circumstances around sexual offending in relation to two young people who were under the guardianship of the Chief Executive of the Department for Child Protection. One of the matters considered by Mr Rice QC involved a 20-year-old man who engaged in unlawful sexual offending with a young person who was 13 to 14 years old at the time of the offending. On 1 November 2019, the chief executive issued written directions to the offender under section 86 of the Children and Young People (Safety) Act 2017.

The offender breached those directions and was arrested for doing so. The offender was subsequently released on bail. On 2 January 2020, the offender was again served with written directions. He breached the written directions and was arrested in March 2020. We cannot have that happening; we cannot have these children at risk of further abuse.

In response to the pattern of breaching written directions, being arrested, being granted bail and then breaching further written directions, Mr Rice QC has recommended that the penalties for a breach of written directions should be increased, and we agree. The current maximum penalty is imprisonment for 12 months. Mr Rice QC said:

Bearing in mind…that the Department was endeavouring to prevent the continued sexual abuse of a child under guardianship (which carries a maximum of life imprisonment), a threat of a maximum sentence of 12 months' imprisonment is substantially inadequate.

Mr Rice QC said a maximum penalty of three years' imprisonment for breach of a written direction would appear more reasonable when taking into consideration the nature of the offending, general deterrence and the safety of the child involved. He recommended this approach in recommendation 5 of his report. The recommendation is given effect by clause 5 of the bill.

In short, this bill (a) increases the penalty for failing to comply with directions made by the chief executive of the child protection department pursuant to section 86 of the Children and Young People (Safety) Act, to three years for a first offence and four years for any subsequent offence, and (b) ensures the presumption of bail does not apply to persons arrested for a breach of directions made under section 86.

Currently, under section 86 the chief executive has the power to issue directions to a person in our community, directing them not to harbour, conceal or communicate with a child who is under the custody or guardianship of the chief executive. The current maximum penalty for a breach is 12 months, which, as Judge Rice said, is substantially inadequate.

The reversal of the presumption of bail for those arrested for a breach will therefore likely result in an increase in the number of people refused bail, and this is what should happen. Separate amendments to section 86 of the Children and Young People (Safety) Act that are in the Children and Young People (Safety) (Miscellaneous) Amendment Bill 2020 will broaden the circumstances to which the directions can apply and make it easier for breaches to be prosecuted. These are considered complementary to the amendments contained in this bill but do not specifically relate to the Rice review recommendations.

I welcome the expression of support made by the opposition today. Protecting children, our most vulnerable children, requires a bipartisan approach. I urge the opposition to support the government on future important policy development to protect the most vulnerable members of our state. We wish to work together with the opposition to protect our children in the state. As most people know, that is the whole reason that I have become involved in politics. I commend this bill to other members.