Bills

Children and Young People (Safety) (Miscellaneous) Amendment Bill

Committee Stage

In committee.

(Continued from 30 March 2021.)

Clause 6.

Ms HILDYARD: I move:

Amendment No 6 [Hildyard–1]—

Page 5, lines 8 and 9 [clause 6, inserted section 12B(2)]—Delete 'involving, or relating to, the placement of' and substitute:

involving, affecting or relating to

In moving this amendment, I assure the house that similar to what I spoke about yesterday in relation to amendments to this particular clause that I have received representations from various individuals and organisations about the particular clause that is in this bill. Whilst meeting with those particular parties, issues have been raised about the need to improve the bill to ensure that Aboriginal and Torres Strait Islander children and young people, their families and communities are not just enabled to participate in discussions around the placement of Aboriginal and Torres Strait Islander children and young people, but rather to all the issues involving, affecting and relating to Aboriginal and Torres Strait Islander children and young people.

Again, I note the comments by the minister yesterday about her desire to develop a peak body and also her desire to look at particular ways that we can improve this clause. I think that this amendment represents something incredibly important in terms of enabling the active leadership and participation of Aboriginal and Torres Strait Islander children and young people, their families and communities in decisions beyond simply decisions relating to placement.

I say again that I think this is an amendment that we could progress forthwith rather than waiting until the conclusion of the next review and the implementation of any changes to the act or any bill that comes out of that next review. I understand from the minister's comments yesterday that it would be anticipated that a future review would conclude in October 2022. If the review concludes, then it may not be until 2023 that potentially a bill comes forth in relation to this issue. I take the minister's point about the need to discuss in a more fulsome way all the issues that could be considered to improve this particular clause.

However, I think these changes are ones that could be quite simply progressed this evening. I think they speak to our desire, as I said before, to truly empower Aboriginal and Torres Strait Islander children, young people, their families and communities not just to participate in relation to issues around placement but rather to lead on decisions relating to all aspects of the lives of Aboriginal and Torres Strait Islander children and young people. On that basis, I recommend amendment No. 6 to the committee.

The Hon. R. SANDERSON: To reiterate my sentiments of yesterday, which have also been described by the member for Reynell, I absolutely respect the member's advocacy on behalf of stakeholder groups. However, just to confirm, we did consult widely in coming up with the inclusion of Aboriginal and Torres Strait Islander children and young people into this bill. We consulted with our Aboriginal expert advisory committee, which is a group of Aboriginal experts from around the country, which includes April Lawrie, the first ever South Australian Commissioner for Aboriginal Children and Young People.

We did extensive consultation on this. Whilst I have agreed that in 2022, when there is a full review, we will have an open and transparent discussion, we believe that at the moment the Department for Child Protection has invested in the scoping of an Aboriginal peak body for Aboriginal children and young people. I believe they would be well-placed to be part of the determination of the best policy. It is only next year. We think that changing words or sentences on an ad hoc basis here and there is of no value. We need time to consult widely. I have agreed to do that. I have committed to it on the record. Whilst it is not that I do not agree with the sentiment behind the changes in this amendment and the following amendments, I will be opposing them at this stage and I hope that people can understand why that is.

Ms HILDYARD: I think we are probably having a similar conversation to the one focused on issues that we canvassed yesterday. I again just say that I appreciate the desire to look at these in a more fulsome way in the course of time, but I do think that the principle of empowering and enshrining in legislation the right for Aboriginal and Torres Strait Islander children and young people and their families and communities to lead in relation to all decisions relating to Aboriginal and Torres Strait Islander children and young people is an incredibly important principle that we could pass this evening and then look at all the other issues.

Ayes 20

Noes 23

Majority 3

Ms HILDYARD: I move:

Amendment No 7 [Hildyard–1]—

Page 5, line 23 [clause 6, inserted section 12C(2)]—Delete 'affecting' and substitute:

involving, affecting or relating to

Without going into the detail that I have in relation to other similar clauses, I simply say again that this is about upholding the principle that Aboriginal and Torres Strait Islander people should absolutely be empowered to lead all decisions that involve, affect or relate to Aboriginal and Torres Strait Islander children and young people. Again, it would be a great step forward for the committee to pass this particular amendment, which represents that really important principle, ahead of further discussions and consultations over the course of the next year and a half, the time frame indicated by the minister—potentially, over the course of the next couple of years—before a further bill is presented to the house that would represent that second review. Again, on the same basis I commend the amendment to the committee.

The Hon. R. SANDERSON: I refer to my previous statement regarding amendment No. 6.

The Hon. A. KOUTSANTONIS: I move:

That progress be reported.

The committee divided on the motion:

Ayes 23

Noes 21

Majority 2

Motion thus carried.

Progress reported; committee to sit again.

At 19:55 the house adjourned until Thursday 1 April 2021 at 11:00.