Statutes Amendment (Rights of Foster Parents, Guardians and Kinship Carers) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 9 December 2015.)

The Hon. G.A. KANDELAARS (17:07): In mid-2014, the tragic death of a child under the long-term guardianship of the minister, and in an approved kinship care placement with an auntie and uncle, raised a number of issues regarding the recognition of carers.

Last year, the member for Hammond introduced the bill, the Statutes Amendment (Rights of Foster Parents and Guardians) Bill 2015, to strengthen the rights and recognition of foster parents and legal guardians when a child in their care dies. The bill seeks to amend the Births, Deaths and Marriages Registration Act 1996 in the tragic event of the death of a child in care. This amendment will enable the register of births, deaths and marriages to include the name of their court-appointed guardian in the entry of the register relating to the child's death.

The original bill also sought to amend the Family and Community Services Act 1972 to provide that, in circumstances where a child dies whilst under the minister's guardianship or the guardianship of a court-appointed guardian, the Department for Education and Child Development (DECD) may endeavour, if requested, to assist birth parents and foster parents to resolve disagreements about post-death arrangements.

Whilst foster carers were specifically included in this amendment, other carers were not. The Attorney-General's office and the office of the Minister for Education and Child Development worked with the member for Hammond to remedy this situation and ensure that other carers, in addition to foster carers, were also recognised under this provision. I am pleased to report that the revised bill also extends the offer of DECD assistance in resolving disagreements to kinship and other person guardianship carers.

The Statutes Amendment (Rights of Foster Parents and Guardians) Bill was debated in the House of Assembly on 3 December 2015 and passed. I welcome the greater recognition for carers that this bill would deliver. One of the most powerful ways to make a difference in the community is by being a foster, kinship or other person guardianship carer. When children cannot live with their own parents, carers step in, providing safe, stable and loving homes. Often it is a challenge and a complex role because children coming into their home may be traumatised by past experience or dealing with illness or disability.

But the difference carers make can be profound, helping children feel safe and loved and to build confidence and hope for the future. We value and appreciate what our carers do every day to make a difference in the lives of vulnerable children and young people. In the tragic event of the death of a child they have welcomed into their family, carers should be a afforded the rights and recognitions they deserve. This bill seeks to ensure that that is the case. I commend the bill to the house.

The Hon. J.S. LEE (17:11): Thank you very much to the Hon. Gerry Kandelaars for his contribution to the Statutes Amendment (Rights of Foster Parents, Guardians and Kinship Carers) Bill. The bill was introduced by the hardworking member for Hammond, Mr Adrian Pederick, in the other place, and it is a bill that acts on behalf of the constituents and foster parents. I think it is an important legislative change that is required, and I am pleased to hear that there is support by the government as well, so I move to progress the passage of this bill and commend the motion.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. J.S. LEE (17:16): I move:

That this bill be now read a third time.

Bill read a third time and passed.