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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-02-03 Daily Xml
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CHILD PROTECTION

169 The Hon. D.G.E. HOOD (24 September 2008). Can the Minister for Families and Communities advise:

1. How many requests were received by Families SA for the agency to intervene in Family Law children’s proceedings (due to child welfare concerns) pursuant to section 91B of the Family Law Act, or otherwise, in 2007-08?

2. How many of those requests were agreed to and how many were denied?

The Hon. CARMEL ZOLLO (Minister for Correctional Services, Minister for Road Safety, Minister for Gambling, Minister Assisting the Minister for Multicultural Affairs): The Minister for Families and Communities has provided the following information:

From 1 January 2008-30 September 2008, 26 requests were received by Families SA under Section 91B of the Commonwealth's Family Law Act 1975.

Under Section 91B of the Family Law Act the Court invites Families SA to intervene in proceedings before the court. Families SA has a number of ways that it can respond to this order of the court, not simply intervening as defined by Sections 91B and 92A of the Family Law Act 1975. Alternative responses are outlined by a Protocol between Families SA and the Family Court that has been operation since 1986. This is being reviewed and updated and will be completed by December 2008.

Currently the Agency can:

Deem the request to be a notification and investigate accordingly and if necessary institute care and protection proceedings (for a period of time) under the Children's Protection Act 1993.

Intervene pursuant to section 92A of the Family Law Act 1975in the Family Court proceedings and become a party to the matter.

Make available to the Family Court Registrar a written report which may be relevant to the proceedings.

Determine it should do none of the above and provide written advice to the Court to that effect.

Families SA did provide a written report in all 26 matters and used these opportunities to carefully consider the requests from the Family Court and take such steps as was considered appropriate in accordance with statutory obligations pursuant to the Children's Protection Act 1993.

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