Legislative Council: Tuesday, June 17, 2025

Contents

Aboriginal Children and Young People in Care

The Hon. J.M.A. LENSINK (15:07): I seek leave to make a brief explanation before directing a question to the Attorney-General regarding child protection reform and Aboriginal self-determination.

Leave granted.

The Hon. J.M.A. LENSINK: With the recent passage of the Children and Young People (Safety and Support) Bill, the government has stated that it strengthens the Aboriginal Child Placement Principle and promotes Aboriginal-led decision-making. While some advocates have welcomed the bill as a step forward, others, including former Commissioner for Aboriginal Children and Young People, Ms April Lawrie, have raised concerns that the key decision-making power remains with the state.

Ms Lawrie has also expressed concern that the burden continues to fall on parents to object to guardianship transfers and has called for further reform in line with the recommendations in her report, Holding on to Our Future, which was tabled 12 months ago. SNAICC and other stakeholders pointed to data showing that South Australia recorded a 33.5 per cent increase in Aboriginal children in out-of-home care between 2019 and 2023, which is the highest national increase, and have called for greater support for Aboriginal-led early intervention and care. My questions to the minister are:

1. How does the government reconcile its claims of supporting Aboriginal self-determination with the concerns raised by the commissioner?

2. What action has his government taken in relation to Holding on to Our Future?

3. Is the government going to review the guardianship transfer process placing the burden on Aboriginal families?

4. What funding or structural reforms are being pursued to transition more out-of-home care services to ACCOs?

5. What other measures is the government implementing to reduce the over-representation of Aboriginal children in out-of-home care?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:08): I thank the honourable member for her questions. In relation to issues that specifically deal with out-of-home care and services that are provided, I am happy to pass them on to the minister in that portfolio area, the Hon. Katrine Hildyard, the member for Reynell, in another place.

In relation to what the government is doing in transferring what governments do to ACCOs (Aboriginal Community Controlled Organisations), one of the things that was a requirement under the objectives and the targets of the Joint Council on Closing the Gap was to do a funding review of what government spends in terms of services specifically for Aboriginal people but also mainstream services that Aboriginal people access. Unfortunately, in the term of the former Marshall Liberal government that was not commenced nor completed.

I am very pleased that, in this term of government, a huge body of work was undertaken by the Department of Treasury and Finance in terms of that expenditure review and we are no longer one of the few jurisdictions to not meet that requirement of the Closing the Gap targets.

Of course, the first step is to look at what is being spent. The next step—and, again, it is one of the objectives under the Joint Council on Closing the Gap—is to look at how we transform government; that is, the services that are provided by government and government departments to Aboriginal Community Controlled Organisations. Having undertaken that first part in identifying the government spend, that is a priority of this government.