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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2015-05-07 Daily Xml
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Child Protection

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (14:37): Supplementary, again to the Minister for Child Protection Reform: is the minister seriously telling the house that he is not aware that Commissioner Nyland has not only been asked about but, according to his own colleague in the cabinet, is now considering the issue of the appointment of a commissioner and what powers he or she should have?

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (14:37): I think we are going to have to do this the long way. Mr Speaker, three weeks—

Mr Marshall interjecting:

The Hon. J.W. WEATHERILL: Yes, that's right. Three weeks after coming into government, this government commenced the Layton review, the most thoroughgoing review of child protection in the history of this state. That is because we had, in the lead-up to the election, a government that refused to accept that there was a crisis in child protection. Indeed, they sought to censor key advisers that were seeking to send them that message. That was the starting point we had—an impoverished child protection system.

Ms CHAPMAN: Point of order: I asked a specific question.

The Hon. J.W. Weatherill interjecting:

Ms CHAPMAN: Can you just sit down while I make the point of order, thank you?

The SPEAKER: The deputy leader is already on two warnings. Will she state the point of order succinctly?

Ms CHAPMAN: Yes, sir.

The SPEAKER: And what is the standing order?

Ms CHAPMAN: The question was very specific.

The SPEAKER: No, what is the standing order?

Ms CHAPMAN: 98. The question was very specific as to what was the knowledge of the Attorney-General in respect of the terms of reference for the royal commission, not the historical contribution that the Premier is now outlining. It was nothing to do with the—

The SPEAKER: I will wait to hear what the Premier has to say. Premier.

The Hon. J.W. WEATHERILL: In her report, one of Robyn Layton's recommendations was the creation of a children's commissioner, specifically excluding the powers of investigation, because a further recommendation of hers was the creation of a health and community services ombudsman, which scoped in child protection complaints. So that was the place we went to investigate complaints concerning child protection. Of course, we adopted that measure.

Also, instead of including the children's commissioner, we changed the role of two bodies: the Child Protection Advisory Council and also the Children's Interest Bureau. We collapsed them down into one body called the Council for the Care and Protection of Children, which had advocacy powers on behalf of children very similar to the sorts of things recommended by Robyn Layton. In effect we created a very similar body which did many of the things that Robyn Layton suggested that a children's commissioner should do.

However, we have been persuaded to introduce a separate children's commissioner à la the Robyn Layton model. The reason it is not law is because those opposite resisted it, and they have introduced a model—

Mr Marshall interjecting:

The SPEAKER: Premier, will you be seated. For almost half of question time I have allowed the leader to interject almost constantly. I would like to ask him to stop, because standing order  131 states that a member may not interrupt another member who is speaking. Standing order 142 states that when a member is speaking no-one may make a noise or disturbance or converse aloud.

An honourable member interjecting:

The SPEAKER: My tolerance is at an end. The Premier.

The Hon. J.W. WEATHERILL: The model we have proposed differs materially in that the investigative powers are not included, and I note that other states and territories have not adopted this investigative model for the commissioner for children. Then, of course, fast forward to the conversations the current minister has had with her counterpart in the upper house, and she puts a sensible proposition—which was not cavilled with—that we should await the outcome of the commissioner's recommendations, because these matters can be put before the commissioner and a sensible recommendation made.

Why on earth would you not accept that proposition? I will tell why you would not: if someone who was deeply affected by these matters decides to approach you and says that this should be advanced, the children's commissioner should be advanced with investigative powers, and you decide to stand up next to them at a news conference to get a cheap, political point. That is where we are today. It is a disgrace —

Mr GARDNER: Point of order. The minister is clearly straying a long way from the historical chronology that you previously allowed, and is clearly debating the issue by characterising other members' conduct.

The SPEAKER: Yes; there is an element of debate in the Premier's utterances. The Premier.

The Hon. J.W. WEATHERILL: Can I say that there is no way forward in this difficult issue of child protection without a measure of bipartisanship and a measure of calm, sensible reasoning. That is why we have a royal commission. We can all resist the opportunity to make cheap, political points in this incredibly vexed area of child protection, where all there is—

Mr Pengilly: Will you please answer the question?

The SPEAKER: The member for Finniss is called to order.

The Hon. J.W. WEATHERILL: —is a morass of very difficult decisions that are made by conscientious public servants. What we want them to be doing is making brave, conscientious decisions and not worrying that every time they actually make a judgement they might be hauled up and ridiculed in the public sphere. These are incredibly difficult issues, and we need people to make fine judgements and we need to back them then. We also need to attract the best and brightest to these roles in seeking to make what are incredibly difficult and vexed decisions.

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