Legislative Council: Wednesday, July 15, 2009

Contents

CHILD ABUSE

The Hon. D.G.E. HOOD (14:59): I seek leave to make a brief explanation before asking the minister representing the Minister for Families and Communities a question.

Leave granted.

The Hon. D.G.E. HOOD: An answer that I recently received to a question on notice confirmed that Families SA regularly ignores pleas from the Family Court and the federal Magistrates Court for intervention in cases of very serious child abuse. Pursuant to sections 91B and 92A of the Family Law Act, judges and magistrates can request state child welfare agencies to urgently intervene in child custody and access proceedings if they fear that a child 'has been abused or is at risk of being abused.' These sorts of requests are usually made of Families SA when there are grave fears by a judge for a child's welfare or safety. They are not idle or ill-considered requests; these are pleas by family law judges and magistrates for welfare to intervene in respect of a child's safety.

An answer that I received recently to another question on notice indicated that, of approximately 30 such requests received by Families SA in 2007, it intervened only twice. In 2008, Families SA received 26 such requests for intervention from 1 January to 30 September that year, and the Minister for Families and Communities indicated that, in response to these requests for urgent intervention, Families SA provided 26 written responses. That indicates to me that there were zero actual interventions last year. Apparently Families SA did not respond to these urgent requests for intervention on even one occasion. My questions are:

1. Will the minister confirm that Families SA did not intervene in any Family Court cases in 2008, despite requests to do so from the courts?

2. If it did not intervene following a request, why not?

3. How many requests for urgent intervention in Family Court or federal Magistrates Court proceedings have been received by Families SA so far this year, and how many have been agreed to and acted upon?

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (15:01): I thank the honourable member for his important questions. I will refer them to the Minister for Families and Communities in another place and bring back a response.