Aboriginal Children and Young People in Care

In reply to the Hon. J.M.A. LENSINK ().17 June 2025).

The Hon. K.J. MAHER (Deputy Premier, Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State): The Minister for Child Protection has advised:

The Children and Young People (Safety and Support) Act 2025 ('the CYPSS Act'), passed by parliament in June 2025, represents a landmark reform of the child protection and family support system and enacts key elements of the government's response to the Commissioner for Aboriginal Children and Young People's Holding on to Our Future Inquiry Report. The CYPSS Act reframes the system to ensure Aboriginal self-determination is supported as a foundational principle enlivened throughout all stages of its operation and enforcement.

Implementation activities to support the full realisation of the act over the transition period will be co-designed in partnership with Aboriginal peak organisations and representatives. During this period, investment and reform opportunities to support the delegation of key functions and powers to recognised Aboriginal entities will be explored as part of the new powers of delegation provided for at section 54 of the act.

In addition to enshrining its responses to a number of the Holding on to Our Future recommendations in the CYPSS Act, the government has established a Child Protection Subcommittee under the South Australian Partnership Committee on Closing the Gap. The subcommittee is providing oversight of further activities to support implementation of the government's response to Holding on to Our Future.

While the new legislation provides a transformative framework within which government will work with Aboriginal service providers, representative bodies, families, children and young people, the state government will also work closely with Wakwakurna Kanyini, SAACCON and other key stakeholders to explore further policy and practice improvements in all areas of activity within the child protection and family support system, including the use of various types of guardianship orders.

The 2023-24 state budget allocated an additional $13.4 million over five years to expand family group conferencing (FGC), including culturally specific models delivered in partnership with Aboriginal Family Support Services. FGC outcomes remain strong.

The act mandates that an FGC must be convened before the court can make final custody or guardianship orders for Aboriginal children.

DCP is also addressing the over-representation of Aboriginal children in residential care through various programs which are successfully reconnecting Aboriginal children and young people with family, culture, country, and community.

Supplementary: the state government is committed to working in partnership with Aboriginal people and organisations to deliver meaningful change within the child protection and family support system, which is what the former Commissioner for Aboriginal Children and Young People sought in her Holding on to Our Future Report.