Bills

Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 10 June 2021.)

The Hon. E.S. BOURKE (17:00): I rise today to speak to the Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Bill 2020. I note that I will be the lead speaker for the opposition on this bill.

The bill provides the legislative framework for the role of the Commissioner for Aboriginal Children and Young People. Labor supports this bill and the role of the commissioner, and we had flagged introducing a similar position prior to the last election. My colleague in the other place the shadow child protection minister and member for Reynell, Katrine Hildyard, had proposed a small number of amendments as a way of strengthening the commissioner's role. However, following assurances by the government that these measures could be achieved administratively, without the need for the additional clauses, we are happy to support the proposed legislation as it stands.

The role of Commissioner for Aboriginal Children and Young People includes, but is not limited to, the promotion of the rights, development and wellbeing of Aboriginal children in South Australia. Fundamentally, it is about providing another layer of care, oversight and advocacy for Aboriginal children who by many measures are continuing to fall through the cracks. Essentially, it is about giving Aboriginal children a voice, one that will be heard by governments and their agencies, police and the courts, and non-government organisations and institutions.

The commissioner's role is one that was desperately needed, given one in 11 Aboriginal children in South Australia are now in state care, or, as a proportion of the total population of children in care, 36.7 per cent, or 1,519 children in state care in South Australia, are Aboriginal. The Guardian for Children and Young People's recent report shows that this number is growing. It stated, 'There is a continued worsening rate of Aboriginal children and young people being drawn into the child protection system, indicating South Australia will not meet its Closing the Gap target without significant reforms.'

The same report showed that just 23.3 per cent of Aboriginal offenders are being diverted away from the courts, compared to 55.6 per cent of non-Aboriginal youths, the lowest number since records began. This means Aboriginal children and young people are now 22.7 times more likely to be in detention in South Australia than non-Aboriginal children are. Meanwhile, the number of Aboriginal children in care who enter the youth justice system continues to grow.

Appointed in December 2018, inaugural commissioner, April Lawrie, is dedicated to improving the lives of Aboriginal children and young people. Since her appointment, I understand Ms Lawrie has raised a number of important issues impacting Aboriginal children and young people. She has been a strong advocate for awareness about these issues and for resolutions to what are often complex problems.

Commissioner Lawrie has used her independent position to promote the rights and wellbeing of Aboriginal children and young people in South Australia. This includes monitoring the government's adherence to the Aboriginal Child Placement Principle, which dictates that authorities must consider placing an Aboriginal child within their family or cultural group before placing them in a non-Aboriginal family. Currently, just 31 per cent of Aboriginal children in care are being placed within their family and kinship group.

Alongside Commissioner Lawrie, the Commissioner for Aboriginal Engagement, Dr Roger Thomas, has also highlighted the lack of focus on supporting Aboriginal children and families in his report to the parliament last year. It is clear that much more needs to be done in terms of early intervention and prevention. Recent tinkering by the government with the Aboriginal Family Scoping Unit and the Infant Therapeutic Reunification Service has not helped. Young Aboriginal women must be engaged early in their pregnancies so that they have the appropriate supports around them as they raise their children. Aboriginal families and communities must also be engaged with and enabled to lead processes to support vulnerable children and their families.

I am confident that the commissioner will continue to focus our attention on these and other issues impacting Aboriginal children and young people. I know my colleague in the other place, the member for Reynell, is particularly grateful for the wealth of knowledge, compassion and understanding that she brings to this critical role, and she thanks her, as do I, for the ongoing and extraordinary support that she has given through this role.

The Hon. J.A. DARLEY (17:05): I rise to speak in support of the bill establishing the Commissioner for Aboriginal Children and Young People under the proposed amendment to the legislation. Clearly, the disproportionate representation of Aboriginal children and young people in areas of disadvantage requires determined action and advocacy to support their rights. The government is to be commended for establishing the position of commissioner in this legislation to advocate for the inclusion and rights of Aboriginal children and young people.

Specifically, the minister advised that the commissioner is required to consult with and engage Aboriginal children and young people and their families and communities. I foreshadow an amendment to section 201(3) changing the word 'should' to 'will' to reflect the minister's statement in his second reading speech to which I concur. Any further action of government to enhance the voice of Aboriginal people in the decision-making process is to be commended.

The Hon. T.A. FRANKS (17:06): I rise on behalf of the Greens to support this bill. The Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Bill 2020 is a long time in the making and it is very much welcomed by the Greens.

This bill amends the Children and Young People (Oversight and Advocacy Bodies) Act 2016 and establishes the position of the Commissioner for Aboriginal Children and Young People in legislation. We welcome that. It has previously been the Greens who have sought to amend that particular act, when it was in its formative stages, to introduce an Aboriginal children's commissioner position. We also welcomed the announcement of the then Marshall Liberal opposition to support an Aboriginal children's commissioner and take that to the last state election and enshrine this position into practice that we now enshrine into law.

The transitional provisions of this bill will provide that particular appointment—and I note the fine work of Commissioner April Lawrie to date—to ensure that the commissioner will continue under this act until the end of her current contract on 3 December this year, and also includes provisions that set out the commissioner's independence, functions and powers to conduct systemic, own-motion inquiries with respect to Aboriginal children and young people. These are very welcome things and the Greens commend this piece of legislation before us to enshrine these powers.

The bill will also require that a person who is appointed to be the Commissioner for Aboriginal Children and Young People must be an Aboriginal person. This also applies to a person appointed to be an acting commissioner. The bill, of course, will outline the following functions of the commissioner: promoting and advocating for the rights and interests of all Aboriginal children and young people or a particular group of Aboriginal children and young people in our state; and promoting the participation by Aboriginal children and young people in the making of decisions that affect their lives.

The Greens, as a party, have four pillars. It is well-known that we are a party that stands for environmental sustainability and social justice but our other pillars are peace and non-violence and grassroots democracy. They are enshrined in the belief that people should have a say in the decisions that affect them and this piece of legislation enshrines that in this particular commissioner's role. The bill also provides that the commissioner advise and make recommendations to ministers, state authorities and other bodies, including non-government bodies, on matters related to the rights, development and wellbeing of Aboriginal children and young people at a systemic level.

It will also inquire, under section 20M, into matters related to the rights, development and wellbeing of Aboriginal children and young people at a systemic level, whether a governmental system or otherwise, and it will assist in ensuring that the state, as part of the commonwealth, satisfies its international obligations in respect of Aboriginal children and young people. It will also ensure and provide for the commissioner to undertake all commission research into topics related to Aboriginal children and young people, as well as giving the ability to prepare and publish reports on matters related to the rights, development and wellbeing of Aboriginal children and young people at a systemic level. Finally, it will undertake such other functions as may be conferred on the Commissioner for Aboriginal Children and Young People by or under the act or in any other act.

This is indeed an historic day, a welcome day. It is something that we have seen put into practice, most pleasingly so, under the term of this government. It is also very commendable that I believe all parties represented in this parliament now support having an Aboriginal children and young people commissioner and we will hopefully very shortly see that independence of that advocacy enshrined in our statutes.

Debate adjourned on motion of Hon. D.G.E. Hood.