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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2015-05-05 Daily Xml
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Child Protection

Mr MARSHALL (Dunstan—Leader of the Opposition) (15:14): Can the minister provide any explanation to the parliament as to why staff were not informed of their obligations and, in fact, their opportunities under the current law?

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (15:14): One presumes, and one works on the basis I think, that public servants are conducting themselves in a way which is in accordance with the law until one has reason to believe to the contrary.

My understanding is that we had a proposition put to us by the Coroner that he felt, whether it was lawful or otherwise, there was an incorrect focus on the way people were dealing with these issues of privacy, and that in some circumstances, the balance between privacy and, in effect, not respecting privacy in order to protect a child was not being correctly balanced. He said he wanted a recommendation to be heard loud and clear by the department that, when that balance is in play, you always err on the side of the child, not on the side of privacy, and that—

Mr Marshall: But he said they didn't know what their opportunities were.

The Hon. J.R. RAU: And that is what has been directed to the department. I am advised, as I said in the ministerial statement, that that is what I am advised. This is what I am told:

…the Chief Executive of the Department for Education and Child Development has issued a direction to all Families SA staff that the paramount consideration must always be the wellbeing and welfare of children. The direction specified that considerations of confidentiality must give way in the face of the primary objective of child safety.

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