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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2021-09-21 Daily Xml
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Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated in the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 25, page 13, line 8 [clause 25, inserted section 20I(3)]—Delete 'should' and substitute:

will

No. 2. Clause 25, page 13, line 11 [clause 25, inserted section 20I(3)]—Delete 'should' and substitute:

will

Consideration in committee.

The Hon. J.A.W. GARDNER: I move:

That the Legislative Council's amendments be agreed to.

I would like to thank the Legislative Council for their consideration of the Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Bill and indicate that the government will be supporting these amendments. I therefore move that the House of Assembly accept the amendments recommended by the Legislative Council.

I would like to reflect briefly on the situation, if I may. The bill, which I believe in the next five to 10 minutes we are going to see the conclusion of, is a culmination of a significant body of work over several years. It is a particularly good moment for Ms April Lawrie, the Commissioner for Aboriginal Children and Young People in South Australia, and I spoke to her a few moments ago after the passage of the bill with these very minor amendments in the Legislative Council.

I commended her for the work she has done over nearly the last three years in the role without the legislative powers that are hereby to be conferred on people once appointed to this important role in the future. She was able to indicate to me her absolute pleasure with that progress. Also, I would like to share with the house that it is her mother's birthday today. I think we would all wish her the joy of the day for both her birthday and the important improvements and enhancements to the role her daughter currently holds.

This bill has been the work of many people in the Department for Education in collaboration with many people across government, stakeholders, Aboriginal community leaders and elders who have had input over the years, a number of the other oversight and advocacy bodies and, indeed, Mr Richard Dennis, parliamentary counsel of years gone by, who undertook a review of the Oversight and Advocacy Bodies Act in accordance with that legislation.

One of his key recommendations was the value of enshrining the role of Aboriginal children's commissioner in legislation rather than continuing the status quo, which was an appointment under the Constitution Act. We believe that these powers will enhance the role. It will enhance the opportunity for Ms Lawrie or future commissioners to assist government services to be improved for Aboriginal children and young people, giving a voice to many Aboriginal children and young people in a very formal way, with the role of the commissioner acting as a significant megaphone.

I thank the Legislative Council for their consideration of the amendments. A number of amendments were proposed by the member for Reynell in the House of Assembly that the Labor Party did not proceed with in the Legislative Council. I want to reflect briefly on that because I think it was the right decision by the Labor Party to do that. The issues raised, and we discussed them in this chamber at the time, were not unreasonable. Many of them we believed were issues where the intent was to be supported, but we felt they were better dealt with by policy or regulation rather than by legislation.

The shadow minister will no doubt reflect on whether I am accurate in my summation. I think the Labor Party seems to have accepted that, both from the perspective that we want those things to happen and that we think they can happen without legislation, and indeed to ensure the timeliness of the legislation could be dealt with, with regulations able to now be done by the end of this year. I would like to thank the Labor Party for that pragmatic approach that will lead to the best outcome for the role.

Other amendments were put forward, as I understand it, in the Legislative Council by the SA-Best party. Once more, I think the intent of those amendments was sound. Certainly, I believe they offered them in an absolute sound spirit, good spirit and fairness and they would like to see those outcomes achieved. Again, I believe the things they were seeking to deliver are best done as a matter of policy and as a matter of the Commissioner for Aboriginal Children and Young People, Commissioner for Children and Young People, the guardian or any other relevant oversight and advocacy bodies working together with goodwill. I think that will happen.

The complexity that would have introduced into the legislation was the reason for our opposition there, but I thank them for that contribution. Mr Darley's amendments, which we believe are capable of being dealt with suitably in the legislation, we are happy to accept. I thank all members for their support for this bill. It is a very important piece of legislation that every member of parliament has now supported.

Ms HILDYARD: I rise just to make a few remarks about the passage of the Children and Young People (Advocacy and Oversight Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Bill. In doing so, I want again to wholeheartedly commend and thank Commissioner April Lawrie for her incredibly strong and passionate advocacy for Aboriginal children and young people.

I want to commend her for undertaking work that I think we in this house would all agree is crucially important in ensuring the voices of Aboriginal children, young people, their families and communities are heard. It is work that I think we would all agree is crucially important in ensuring action on what is important to Aboriginal children, young people, their families and communities and action that will continue to make a difference in their lives.

I certainly look forward to continuing to find ways to support the commissioner in my role as shadow minister, and I look forward to seeing what she progresses and how she continues to do that really important work of providing a voice and advocacy for Aboriginal children and young people. I also join the Minister for Education in wishing her mum a very happy birthday and I do hope that she can enjoy a lovely celebration with her this evening.

Finally, in these last few seconds, thank you to the Minister for Education for his work on this bill and to department officials also. Thank you to all who spoke on the bill. Thank you to the Hon. Emily Bourke, who had carriage of the bill in the upper house for the opposition, and to those who made very thoughtful amendments to the bill. With that, I support the amendments.

Motion carried.


At 18:01 the house adjourned until Wednesday 22 September 2021 at 10:30.

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