<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>Legislative Council</name>
  <date date="2016-03-09" />
  <sessionName>Fifty-Third Parliament, Second Session (53-2)</sessionName>
  <parliamentNum>53</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="3259" />
  <endPage num="3367" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Bills</name>
    <subject>
      <name>Statutes Amendment (Rights of Foster Parents, Guardians and Kinship Carers) Bill</name>
      <bills>
        <bill id="s3897">
          <name>Statutes Amendment (Rights of Foster Parents, Guardians and Kinship Carers) Bill</name>
        </bill>
      </bills>
      <text id="2016030928b417739f4e4b6b80000765">
        <heading>Statutes Amendment (Rights of Foster Parents, Guardians and Kinship Carers) Bill</heading>
      </text>
      <subproceeding>
        <name>Second Reading</name>
        <text id="2016030928b417739f4e4b6b80000766">
          <heading>Second Reading</heading>
        </text>
        <text id="2016030928b417739f4e4b6b80000767">Adjourned debate on second reading.</text>
        <text id="2016030928b417739f4e4b6b80000768">(Continued from 9 December 2015.)</text>
        <talker role="member" id="4564" kind="speech">
          <name>The Hon. G.A. KANDELAARS</name>
          <house>Legislative Council</house>
          <startTime time="2016-03-09T17:07:20" />
          <page num="3315" />
          <text id="2016030928b417739f4e4b6b80000769">
            <timeStamp time="2016-03-09T17:07:20" />
            <by role="member" id="4564">The Hon. G.A. KANDELAARS (17:07):</by>  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.</text>
          <text id="2016030928b417739f4e4b6b80000770">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.</text>
          <text id="2016030928b417739f4e4b6b80000771">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.</text>
          <text id="2016030928b417739f4e4b6b80000772">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.</text>
          <text id="2016030928b417739f4e4b6b80000773">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.</text>
          <text id="2016030928b417739f4e4b6b80000774">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.</text>
        </talker>
        <talker role="member" id="4362" kind="speech">
          <name>The Hon. J.S. LEE</name>
          <house>Legislative Council</house>
          <startTime time="2016-03-09T17:11:28" />
          <text id="2016030928b417739f4e4b6b80000775">
            <timeStamp time="2016-03-09T17:11:28" />
            <by role="member" id="4362">The Hon. J.S. LEE (17:11):</by>  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.</text>
          <text id="2016030928b417739f4e4b6b80000776">Bill read a second time.</text>
        </talker>
      </subproceeding>
      <subproceeding>
        <name>Committee Stage</name>
        <text id="2016030928b417739f4e4b6b80000777">
          <heading>Committee Stage</heading>
        </text>
        <text id="2016030928b417739f4e4b6b80000778">Bill taken through committee without amendment.</text>
      </subproceeding>
      <subproceeding>
        <name>Third Reading</name>
        <text id="2016030928b417739f4e4b6b80000779">
          <heading>Third Reading</heading>
        </text>
        <talker role="member" id="4362" kind="speech">
          <name>The Hon. J.S. LEE</name>
          <house>Legislative Council</house>
          <startTime time="2016-03-09T17:16:00" />
          <text id="2016030928b417739f4e4b6b80000780">
            <timeStamp time="2016-03-09T17:16:00" />
            <by role="member" id="4362">The Hon. J.S. LEE (17:16):</by>  I move:</text>
          <text id="2016030928b417739f4e4b6b80000781">
            <inserted>That this bill be now read a third time.</inserted>
          </text>
          <text id="2016030928b417739f4e4b6b80000782">Bill read a third time and passed.</text>
        </talker>
      </subproceeding>
    </subject>
  </proceeding>
</hansard>