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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2016-10-19 Daily Xml
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Bills

Children and Young People (Oversight and Advocacy Bodies) Bill

Final Stages

The Legislative Council has agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

No. 1. Long Title—Delete 'and the Youth Advisory Committee'

No. 2. New clause, page 5, after line 25—Insert:

3A—Meaning of rights, development and wellbeing

(1) For the purposes of this Act, a reference to the rights of children and young people will be taken to include a reference to rights recognised in accordance with statutory and common law, rights set out from time to time in the United Nations Convention on the Rights of the Child and rights set out in any other relevant international human rights instruments.

(2) For the purposes of this Act, a reference to the development of children and young people will be taken to include a reference to the physical, social, emotional and intellectual growth of each individual from birth through to adulthood.

(3) For the purposes of this Act, a reference to the wellbeing of children and young people will be taken to include a reference to—

(a) the care, development, education, physical and mental health and safety of each individual from birth through to adulthood; and

(b) the cultural welfare and wellbeing of children and young people.

3B—State authorities to seek to give effect to United Nations Convention on the Rights of the Child etc

Each State authority must, in carrying out its functions or exercising its powers, protect, respect and seek to give effect to the rights set out from time to time in the United Nations Convention on the Rights of the Child and any other relevant international human rights instruments affecting children and young people.

No. 3. Clause 6, page 6, after line 7—Insert:

(2a) The Governor may, by regulation, establish a scheme for the recruitment of the Commissioner (and recruitment of the Commissioner must comply with that scheme).

No. 4. New clause, page 8, after line 4—Insert:

8A—Staff and resources

The Minister must provide the Commissioner with the staff and other resources that the Commissioner reasonably needs for carrying out the Commissioner's functions.

No. 5. New clause, page 13, after line 18—Insert:

20A—Staff and resources

The Minister must provide the Guardian with the staff and other resources that the Guardian reasonably needs for carrying out the Guardian's functions.

No. 6. Clause 23, page 14, lines 22 to 34—Delete clause 23 and substitute:

23—Participation of children and young people in development of practices etc

The Guardian must establish and maintain processes to ensure the participation of children and young people in strategic, policy or systemic practice development or review processes.

No. 7. New clause, page 17, after line 2—Insert:

30A—Staff and resources

The Minister must provide the Committee with the staff and other resources that the Committee reasonably needs for carrying out the Committee's functions.

No. 8. Clause 40, page 21, after line 16 [clause 40(3)]—Insert:

or

(g) the Guardian.

No. 9. New clause, page 24, after line 2—Insert:

47A—Staff and resources

The Minister must provide the Council with the staff and other resources that the Council reasonably needs for carrying out the Council's functions.

No. 10. Clause 49, page 24, lines 27 to 39 [clause 49(2)(c) and (d)]—Delete paragraphs (c) and (d)

No. 11. Clause 55, page 27, lines 15 to 19 [clause 55(1)]—

Delete ', the Guardian or the Council may, by notice in writing, require a specified person (whether or not the person is a State authority, or an officer or employee of a State authority) to provide to them such information, or such documents, as may be specified in the notice (being information or documents in the possession of the person or body that the Commissioner, Guardian or Council' and substitute:

or the Guardian may, by notice in writing, require a specified person (whether or not the person is a State authority, or an officer or employee of a State authority) to provide to them such information, or such documents, as may be specified in the notice (being information or documents in the possession of the person or body that the Commissioner or Guardian

No. 12. Clause 55, page 27, line 22 [clause 55(2)]—Delete ', Guardian or Council' and substitute:

or Guardian

No. 13. Clause 55, page 27, line 28 [clause 55(4)]—Delete ', Guardian or Council' and substitute:

or Guardian

No. 14. Clause 55, page 27, line 33 [clause 55(4)(b)]—Delete ', Guardian or Council' and substitute:

or Guardian

No. 15. New clause, page 32, after line 5—Insert:

63A—Review of Act

(1) The Minister must cause a review of the operation of this Act to be conducted and a report on the review to be prepared and submitted to the Minister.

(2) The review and the report must be completed before the third anniversary of the commencement of this Act.

(3) The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.

Consideration in committee.

The Hon. J.R. RAU: I move:

That the Legislative Council's amendments be agreed to.

I just want to say a few words about this. Over the last few years, I have had the privilege of being a member of the executive government and the privilege of being involved in the passage of a great many bills through this parliament. In fact, Libby in my office keeps count of how many bills we pass and if I do not do well enough she chastises me—in a reasonable way, not in a hurtful way, but she can be quite firm.

This bill will stand out amongst all the bills I have had the fortune to be involved with by the extremely cooperative and swift passage it has received through this parliament—it is absolutely astounding. I know that occasionally I am critical of those opposite, but today I think where credit is due it should be given, and I think one should be generous in one's praise where it is appropriate.

I have to say that the Leader of the Opposition gave an undertaking that when we brought this in he would be supportive of it, and he was as good as his word. What happened was that this came in here and we managed to pass the thing through all stages in one day. The only thing I can say to the Leader of the Opposition, aside from well done and thank you, is that I have another 25 I would like to do this way, and we can start tomorrow. I just want to say that I love and I welcome the Leader of the Opposition's new approach to legislation—and the deputy leader's, I do not want to leave her out because she has been magnificent in this, too.

I welcome their new approach, and I look forward to seeing that on lots of other things. I also am impressed by the way they have even been able to persuade some of those in another place to embrace the idea of swiftness. That indeed is an achievement for which I also thank them. Can I also say that I have had the opportunity of speaking with the Hon. Mr Wade, who has not always seen eye to eye with me, but I must say that in relation to this matter he has been most helpful, and I want to place on the record my thanks for his cooperative approach, and also the Hon. Tammy Franks who, again, I do not always agree with. In this case, she has been extremely cooperative, helpful and collaborative.

I thank, in particular, those two members of the other place because I think it is only fair to acknowledge when people are of assistance in making the parliament work as it should. It is a marvellous thing to actually say thank you to those people because thankyous are often not mentioned—only complaints are made—and I am not that sort of person. I like to say thank you. Given the cooperative way in which this has proceeded, I am accepting all the amendments that have come from the other place. I welcome them. I welcome the new approach that we have seen in this bill from the other place. I am looking forward to the other two bills that we have which are companion bills to this. I am looking forward to that, too.

I think that this is an important step forward. It means that we now can get on with the appointment of a suitable person to be a children's commissioner; and, again, I think we have to put things out there. The Leader of the Opposition and I when we first discussed this went through a number of things, and the leader said to me, 'Look, let's do something which makes more independence about the method of appointment,' and, of course, I took the honourable leader's suggestion on board and that is what we have done.

I acknowledge that was a contribution made specifically by the Leader of the Opposition, and he will see that the other place has picked it up and even enhanced it, I think is the word that the Hon. Stephen Wade would use—sorry, 'improved'. I think that is the word he used. I am happy with this. I think that this is a very important moment. It means that one of the first planks of the government's raft of legislative change—which is not the whole thing—in relation to looking after our children has passed both houses. This is an important day. I thank everyone for their assistance, and let us get on with getting a really good person in the job.

Mr MARSHALL: I wish I could join with the Deputy Premier in his comments regarding this bill, but I have a completely separate perspective. He has waxed lyrical for far too long—as is his wont—talking about the alacrity with which this bill has passed this parliament. Can I just make the point that this was a recommendation given to this parliament back in 2003—13 sorry years ago. South Australia remains the only jurisdiction in the nation without a commissioner for children and young people, and this is a source of shame. This government should hang its head in shame for the time it has taken.

In 2013, when the Debelle royal commission report was received by this government, the then minister, the current member for Wright, stood on the steps of parliament and committed that a commissioner for children and young people would be in place by the end of 2013. It did not happen. Immediately after the election, there was no useful movement whatsoever. So, it was the Liberal Party in the other place that drafted a bill to establish an office of the commissioner for children and young people for this state to address the issue originally recommended by Robyn Layton QC back in 2003. That passed the other place years ago and it sat on the Notice Paper here and the government refused to advance this important reform for the people of South Australia.

With this piece of legislation, I have had to negotiate with the member for Wright, the member for Port Adelaide and the member for Enfield, and it really was only after Margaret Nyland's royal commission report into our failed child protection system here in South Australia that the government did anything whatsoever. And so the government is quite right to point out that it passed with alacrity, but the question is: why did it take so long for this Labor government to actually act on a very obvious recommendation which sailed through both houses in record time?

I am very prepared to work with the Deputy Premier and anyone opposite to advance legislation which is going to put the children of South Australia in a better position. There are a huge number of recommendations made in Margaret Nyland's report. We cannot use the example of a 13-year delay with the other recommendations that are contained in this report.

I remind this parliament that indeed many of the recommendations that are covered off in this Margaret Nyland royal commission report have been made in multiple other reports to this government, whether it be the Nyland report, the Mullighan report, the Debelle royal commission report and multiple Coroner's reports and recommendations to this parliament, but this government's casual attitude towards child protection in this state must cease. I indicate to the house that we will be supporting the amendments.

Motion carried.

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