CHILD HARBOURING

The Hon. A. BRESSINGTON (14:58): I seek leave to make a brief explanation before asking the minister representing the Minister for Education and Child Development questions about child harbouring offences in the Children's Protection Act 1993.

Leave granted.

The Hon. A. BRESSINGTON: In response to the findings of the Mullighan inquiry in 2009, this parliament passed the Statutes Amendment (Children's Protection) Bill, which in part introduced two new offences for harbouring a child in state care. These are the failure to comply with the direction not to harbour, conceal or communicate with the child under section 52AAB, and harbouring or concealing a child under section 52AAC. Referring to section 52AAB at the time, the minister stated, when introducing the bill:

These directions are aimed to protect vulnerable children who are in State care from the kinds of exploitation referred to by Commissioner Mullighan in his report.

Whilst the parliament's attention at the time focused on the proposed child protection restraining orders—and I remind ministers in another place that I have unanswered questions about these from as far back as September 2010—I did raise my concern in my second reading contribution that the harbouring offences could—and, knowing Families SA, probably would—be applied to family members of children in state care. At the time I implored the minister to 'keep a close eye on this and monitor this particular concern of mine very closely'.

Unfortunately my fears were well founded, with my office recently being informed of two now adult siblings of a 16 year old boy in state care being charged and prosecuted with failing to comply with a direction not to harbour, conceal or communicate with a child. These are 23 year old and 24 year old sisters. The 16 year old contacted his 23 year old sister depressed and threatening suicide, and she asked him to come around to her home, and have a sit down and a bit of a chat.

He stayed for a couple of days. She encouraged that, for him to calm down. She did notify the department that he was there and that she was just trying to fulfil her role as an older sister. The police went around, saw that he was not at any risk and that the older sister was doing exactly as she said she was doing; that is, trying to keep her younger brother alive and stabilise him.

Despite assurances by the minister at the time that such notices would only be issued to those whose 'actions represent a real risk that the child will be abused, neglected or exposed to drug activity', these young women, both of whom were also under the guardianship of the minister and who only acted out of concern for their younger brother—who reportedly, since being in state care, has been using cannabis, roaming the streets at all hours of the night, involving himself in petty crime and has made posts on his Facebook stating a desire to kill himself—are now facing a maximum $15,000 fine or four years' imprisonment.

We have been told that the department is insisting on a gaol term. Whilst I assure the council that I will be pursuing this matter in alternative forums, I am also concerned about the misapplication of these offences. To this end, my questions to the minister are:

1. Since the section's enactment on 1 August 2010, how many directions have been issued under section 52AAB?

2. How many of these were directed at a parent of a child in state care?

3. How many were directed at siblings or extended family of a child in state care?

4. How many prosecutions have occurred for breaching a direction issued under section 52AAB, and how many of these were against a parent, sibling or extended family member of a child in state care?

5. How many prosecutions have there been for the offence of harbouring or concealing a child under section 52AAC? Of these, how many were against a parent, sibling or extended family member of a child in state care?

The Hon. I.K. HUNTER (Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for Disabilities, Minister for Youth, Minister for Volunteers) (15:02): I thank the honourable member for her most important questions, and commend her for her continuing interest in these very important matters. I undertake to take these questions to the Minister for Education and Child Development in another place and seek a response on her behalf.