Prevention and Early Intervention for the Development and Wellbeing of Children and Young People Bill

Introduction and First Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (12:02): Obtained leave and introduced a bill for an act to provide a framework for improving the wellbeing and development of children and young people; to recognise the primacy of prevention and early intervention in improving outcomes for children and young people; to provide for a whole of state strategy for furthering the purposes of this act; to recognise the importance of strengthening families and communities in improving outcomes for children and young people; to ensure that, where intervention in the lives of children and young people is necessary, that intervention occurs at the earliest opportunity; and for other purposes. Read a first time.

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (12:04): I move:

That this bill be now read a second time.

I seek leave to have the second reading speech and explanation of clauses inserted in Hansard without my reading it.

Leave granted.

The South Australian government in its response to the recommendations of the Child Protection Systems Royal Commission has sought to look beyond statutory child protection measures to develop a system of broader child development, one that begins before birth and continues until adulthood, to promote the health, safety and wellbeing of all children and young people in this State.

The government recognises that to provide every child and young person with the best start in life, it is necessary to support families and intervene early where necessary to assist vulnerable children. To achieve this, the government recognises that policies, services and programs should be evidence-based and targeted to the particular needs of children, young people and their families.

In establishing a system that looks beyond statutory child protection responses, the Government has established and continues to develop:

Our long standing Children's Centres for Early Childhood Development and Parenting which provide services that reflect community needs, bringing together care, learning, family support, community development and health services for families with children from birth to 8 years.

Child wellbeing practitioners who work across metropolitan and country public schools to identify children and families at risk and connect them to appropriate support as an early intervention measure before situations escalate to a potential child protection response; and

Child and family assessment and referral networks which are integrated into Children's Centres for Early Childhood Development and Parenting and collaborate with other providers in local regions to deliver new referral pathways and services, tailored to the individual needs of children and families.

In response to the Child Protection Systems Royal Commission, the South Australian Parliament has recognised the need for significant improvements to legislation for children and young people in South Australia through the Children and Young People (Oversight and Advocacy Bodies) Act 2016, the Child Safety (Prohibited Persons) Act 2016, and the Children and Young People (Safety) Act 2017.

The Prevention and Early Intervention for the Development and Wellbeing of Children and Young People Bill 2017 represents the next step in recognising South Australia's commitment to leading the nation in prevention and early intervention services through a legislative framework to ensure that both universal and targeted measures are developed and in place.

The object of the Bill is to improve outcomes for all children and young people. This will be achieved by establishing a legislative framework to ensure that reasonable, practicable and evidence based measures are taken to build the capacity and strengthen families and communities, and facilitate improvements in the wellbeing and development of children and young people. In particular, these measures will be supported by targeted assistance to vulnerable children, young people and their families.

The object of the Bill will also be achieved by:

ensuring government and non-government service providers work with families and communities to provide services that are timely and referral pathways are needs based, local and integrated;

establishing collaborative partnerships between government and non-government organisations and communities; and

by recognising the interests and aspirations of Aboriginal and Torres Strait Islander families and communities and their ability to make a significant contribution in partnership to furthering the purposes of this Act.

As set out in the principles of the Bill, parents, guardians and carers have the primary role in the wellbeing and development of children and young people in their care; whilst individuals, community groups and government have a shared responsibility to ensure every child and young person is supported to grow happy and cared for, be kept safe from harm, and be supported to participate in society and fulfil their potential.

A significant amount of consultation on the objects and principles has occurred with government and non-government stakeholders. Over 100 stakeholders attended workshops on 21 and 22 August 2017 together with broader community consultation via YourSAy. Further targeted consultation has also occurred with stakeholders. This bill has been significantly strengthened as a result of seeking, and listening to, the views and ideas of stakeholders on how to best legislate the importance of prevention and early intervention for the wellbeing and development of children, young people and their families. I thank all the stakeholders who contributed to this process.

The Bill is intended to achieve lasting outcomes in strengthening families and communities to improve the wellbeing and development of children and young people in this state. It establishes appropriate functions for the Minister to achieve this intention, most notably, the functions of:

preparing and maintaining a Whole of State Strategy for Prevention and Early Intervention for Children and Young People and their families.

promoting a partnership approach between the state, local government and non-government agencies, families and communities in the planning and delivery of prevention and early intervention services ; and

ensuring evidence-based measures are taken in the design and delivery of services to build capacity and strengthen families and communities.

In requiring the Minister to prepare a State Strategy, the Bill provides that the Strategy must set out:

the priorities that the Minister will pursue in order to further the purposes of this Act;

the strategies that the Minister intends to adopt to meet those priorities; and

intended outcomes and the measures to be used in relation to those outcomes.

In the development of the State Strategy, the Bill requires the Minister to undertake consultation with community and peak bodies as set out in regulations, and the Commissioner for Children and Young People. There is a requirement for the Minister to seek submissions from the Child Development Council.

The Minister must, at least once in each 5 year period, cause the State Strategy to be reviewed.

In recognising the important role that government and non-government services providers play in promoting the wellbeing of children and young people, the Bill sets out that prescribed service providers must have regard to, act consistently with, and seek to further the purposes of the Bill and, to the extent that it is reasonably practicable, to implement the State Strategy. These prescribed service providers will include relevant government departments and local government.

We know that ensuring improvement in the outcomes of children and young people requires accountability and this is best promoted through measuring and reporting on programs and services and their impact on the wellbeing and development of children and young people. To promote accountability, the Bill provides that the Minister must, each year, report to Parliament on the operation of this Act during the previous financial year.

Families, communities and government all have a role in the wellbeing and development of children and young people.

This Bill sets out legislation we need to achieve this; it will ensure we have the modern framework to support prevention and early intervention in South Australia.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines terms and phrases used in the Bill.

4—Meaning of rights, wellbeing and development

This clause defines the relevant terms.

5—Meaning of prevention and early intervention

This clause defines the relevant terms.

6—Interaction with other Acts

This clause clarifies the relationship between this proposed measure and other Acts.

Part 2—Purposes of this Act

7—Effect of Part

This clause explains the various components of the proposed Part which, collectively, constitute the purposes of the proposed Act.

8—Commitment to the United Nations Convention on the Rights of the Child

This clause sets out Parliament's recognition of the United Nations Convention on the Rights of the Child and its intention that prescribed service providers will seek to give effect to the rights set out from time to time in the convention.

9—Objects of Act

This clause sets out the objects of the measure.

10—Principles

This clause sets out principles to be taken into account in the administration and operation of the measure.

11—Recognition of the importance of involving children and young people and families in decisions and inclusion

This clause sees Parliament recognise a number of important factors relevant to the operation of the measure.

Part 3—Administration

12—Administration of Act to further purposes of Act

This clause requires the Minister, the Chief Executive and any other person or body involved in the administration of this proposed Act, and any person or body required to consider the operation or application of this proposed Act (whether acting under this Act or another Act), to act consistently with, and seek to further, the purposes of this measure.

13—Prescribed service providers to further purposes of Act

This clause requires prescribed service providers, as defined, to act consistently with, and seek to further, the purposes of this measure along with the State Strategy, except where the provider is acting in accordance with another Act.

14—Functions and powers of Minister

This clause sets out the functions and powers of the Minister under the measure.

15—Delegation

This clause is a standard power of delegation.

Part 4—Whole of State Strategy for Prevention and Early Intervention for Children and Young People and their Families

Division 1—Whole of State Strategy for Prevention and Early Intervention for Children and Young People and their Families

16—Whole of State Strategy for Prevention and Early Intervention for Children and Young People and their Families

This clause requires that there be an instrument (the Whole of State Strategy for Prevention and Early Intervention for Children and Young People and their Families) setting out strategies intended to further the purposes of the measure. The clause also requires the State Strategy to provide for its implementation, and to set out related priorities, strategies, outcomes and measures.

17—Preparation of State Strategy

This clause makes procedural provision setting out the steps to be taken by the Minister in the course of preparing or varying the State Strategy.

18—Periodic review of State Strategy

This clause requires the Minister, at least once in each 5 year period, to cause the State Strategy to be reviewed. The clause makes procedural provision in relation to such reviews. A report of the review is to be provided to the Parliament.

19—Publication of State Strategy etc

This clause requires the Minister to publish a current version of the State Strategy on a website, and to make hard copies available for inspection by members of the public.

Division 2—Consultation and public engagement

20—Consultation and engagement with peak bodies

This clause sets out how the Minister is to undertake consultation with the specified peak bodies under the measure.

21—Community consultation and engagement

This clause sets out how the Minister is to undertake community consultation and engagement under the measure.

Part 5—Accountability

22—Minister to report annually to Parliament on operation of Act

This clause requires the Minister to report on an annual basis to the Parliament on the operation of the proposed Act, with the report to contain the specified information.

23—Review of Act

This clause requires the Minister to cause a review of the operation of the proposed Act to be conducted, and a report prepared, before the fifth anniversary of the commencement of this measure. The report must be laid before Parliament.

Part 6—Miscellaneous

24—Limitation of liability

This clause limits liability relating to things done, or required to be done, under the Act and in good faith.

25—Confidentiality

This clause is a standard offence relating to the disclosure of confidential information.

26—Regulations

This clause is a standard regulation making power.

Debate adjourned on motion of Hon. T.J. Stephens.