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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2016-11-29 Daily Xml
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Child Protection Systems Royal Commission

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (11:10): I seek leave to make a ministerial statement.

Leave granted.

The Hon. J.R. RAU: As has been said here before, on 8 August 2016 the final report of the Child Protection Systems Royal Commission was publicly released. 'The life they deserve' report delivered a raft of recommendations that proposed wideranging and far-reaching changes to the child protection system in South Australia. Many of the recommendations in the report required significant changes to the current legislative framework, across numerous acts. Since the release of the report, we have passed the Children and Young People (Oversight and Advocacy Bodies) Act 2016 and the Child Safety (Prohibited Persons) Act 2016. Still in the other place is the Public Sector (Data Sharing) Bill 2016, which I hope will pass this week.

Each of these legislative instruments includes clauses and laws that strengthen our child protection system and further contribute to ensuring the safety of children and young people in our state. The most significant legislative changes recommended by commissioner Nyland relate to the current Children's Protection Act 1993. Many recommendations either directly recommend changes to clauses in this act or require legislative changes to be implemented.

Recommended changes relate to issues such as decision-making responsibility, the role of foster and family carers, guardianship and custody arrangements, information sharing, other person guardianship and the involvement of children and young people. These amendments have been made in the Children and Young People (Safety) Bill 2016, which will repeal the Children's Protection Act 1993.

The bill implements a number of royal commission recommendations and provides a robust legal framework for a reformed and reoriented child protection system. Its primary objective is to protect children and young people from harm and make provisions for the support, safety and care of children and young people. The bill puts children at the centre of the child protection system. It makes a parliamentary declaration recognising the importance of children and young people to our state and the desire for children and young people to grow up in an environment where they are safe and supported and are given every opportunity to thrive. It also acknowledges that outcomes for Aboriginal children and young people in care have traditionally been poor.

There is a strong focus in the bill on early responses that do not require the intervention of the courts, including family group conferences and child and family assessment and referral networks. The bill places a new emphasis on timely and efficient decision-making that gives proper consideration to the views of children and young people. It is proposed that the guardianship and custody arrangements for children in care under an order, which now sit with the Minister for Education and Child Development, will move to the chief executive of the Department for Child Protection.

The bill provides for the legal representation of children and young people and enshrines in law the obligations of individuals representing them. Key legislation regarding out-of-home care and the rights, standing and responsibilities of carers has been reviewed and moved from the Families and Community Services Act 1972 into the draft bill. With these changes, increased rights for carers to participate in decision-making for the children in their care is now enshrined in the bill. There are also increased rights to obtain information and receive delegations from the chief executive earlier.

Unnecessary barriers for carers seeking to obtain long-term guardianship for children have been removed and processes have been streamlined. This includes, when there is an objection to an application, moving the onus of proof from carers, who must prove that they can care for children long term, to birth parents, who must prove that a carer cannot. New provisions have been made to continue support up to the age of 25 to children and young people who leave care. This includes helping young adults to find accommodation, employment and support services and transition to a successful life as an adult.

This is a significant step forward in ensuring that a young person's transition from care to the adult world is well supported and gives them the best start for adult life. Most importantly, the draft bill makes it clear that the paramount consideration in the operation and enforcement of the act is to protect children and young people from harm. The purpose of this draft bill being tabled, as opposed to introduced, is to make it available for public comment prior to it being finalised and introduced in the parliament. The bill will also be sent to all key stakeholders in the child protection area, including peak bodies dealing with children and young people, who will be invited to engage children for feedback.

The draft bill will be made available today on the YourSAy website, and I encourage all organisations, agencies, carers and citizens who are either directly affected by, or have an interest in, this important issue to have their say and provide feedback on the draft bill. Consultation closes on 27 January 2017, with feedback to be taken into account before the final bill is introduced in parliament. We need to take our time to get this right. I now table the draft Children and Young People (Safety) Bill 2016.

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