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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-03-24 Daily Xml
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FAMILIES SA

The Hon. D.G.E. HOOD (15:21): I seek leave to make a brief explanation before asking the minister representing the Minister for Families and Communities a question about Family Court intervention requests.

Leave granted.

The Hon. D.G.E. HOOD: Pursuant to sections 91B and 92A of the Family Law Act, judges and magistrates can request state child welfare agencies to urgently intervene in child custody and access proceedings if they have a fear that a child has 'been abused or is at risk of being abused'. These sorts of requests are usually made of Families SA when there are grave fears by a judge for a child's welfare and safety. Judges and federal magistrates who deal with children's matters are experts in child welfare and it would therefore be expected that requests made by these judicial officers to Families SA to intervene in such proceedings to ensure a child's welfare are responded to quickly and effectively.

However, a recent reply to a question on notice of mine indicated that, of approximately 30 such requests received by Families SA in 2007 from the family and federal magistrates courts to urgently intervene to ensure a child's welfare, they intervened only twice. The government refused to supply data for 2008 and beyond, saying that it received 26 requests for intervention from 1 January to 30 September. The Minister for Families and Communities said that the department prepared 26 written responses for the Family Court but refused to say how many times it actually intervened. My questions are:

1. Did Families SA fail to intervene at all in 2008?

2. Why, when a federal law judicial officer has requested Families SA intervention for a child's welfare, does Families SA so regularly fail to intervene?

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (15:23): I thank the honourable member for his important questions and will refer them to the Minister for Families and Communities in another place and bring back a response.

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