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Legislative Council - Fifty-Third Parliament, First Session (53-1)
2014-10-15 Daily Xml
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Child Development and Wellbeing Bill

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (22:04): I move:

That this bill be now read a second time.

I seek leave to have the second reading speech and explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Since our election in 2002, the Government has made significant improvements to legislation for children and young people in South Australia. Initiatives implemented by this Government have seen more children and young people stay at school for longer.

The Child Development and Wellbeing Bill that I present to the Council today, seeks to further improve development and wellbeing outcomes for children and young people.

Significantly, the Bill provides for South Australia's first Commissioner for Children and Young People.

The Bill establishes the role of Commissioner for Children and Young People with powers of systemic enquiry.

It is important to note that model proposed in this Bill with the exclusion of full individual investigative functions is consistent with the recommendations of the South Australian review of child protection by Robyn Layton QC (the Layton Report).

The Layton Report reasoned that the Commissioner's powers, '… specifically does not include the function of deciding complaints and grievances'.

Indeed, the model proposed in this bill of systemic inquiry is consistent with all other Australian jurisdictions.

Reviews of functions over the past two years resulted in no Australian jurisdiction including full investigative powers for Commissioners for Children and Young People as of 1 July 2014.

This Bill also contains provisions to establish a Child Development Council and an Outcomes Framework for Children and Young People, initiatives that will further entrench the importance of children in the work of government, across all portfolios.

The Child Development and Wellbeing Bill builds on South Australia's proud history as a leader in early childhood, by supporting a stronger, child-friendly State that generates lasting opportunities for every child and young person.

Children and young people, when they get the best possible support particularly in the first three years of life, are better equipped to lead fulfilling, productive and satisfying lives. In turn, this improves outcomes and overall wellbeing for each child and young person and for society as a whole.

As a Government, we have long recognised the importance of seeking expert guidance to inform our work. Through our Thinkers in Residence program, and through talking to those people on the frontline, we have sought widespread input to ensure what we do is going to make a difference.

This legislation is no different. It has been strengthened as a result of seeking, and listening to, the views and ideas of the community and stakeholders on how to best legislate to support children, young people and their families.

The legislation acknowledges that, individually and collectively, we have a responsibility to help shape our future and to improve outcomes for children and young people to be the best they can be at every stage of their development.

Consultations commenced in 2012 and between August and October, 79 public forums and meetings were held and approximately 7,000 discussion papers were distributed. We received 156 written submissions from stakeholders and members of the community.

During public consultation:

Goodstart Early Learning acknowledged the Government's commitment to children and young people and expressed support for the establishment of a commissioner as strengthening South Australia's commitment to children and young people and recognising their citizenship and other rights;

the Health and Community Services Complaints Commissioner said the Bill clearly promotes a rights based approach with the recognition of children and young people as valued citizens, as has the Australian Child Rights Taskforce;

UNICEF Australia said the Bill is a welcome development in improving the rights, development and wellbeing of children and young people in South Australia and commended the inclusion of a rights based framework within the legislation;

the Child Health Clinical Network expressed support for the Bill and the Australian Medical Association commended the objective of the Bill to 'ensure that the development and wellbeing of children and young people is considered from a whole of government perspective'; and

members of the South Australian Aboriginal Advisory Council also expressed their support for the Bill.

Key feedback from the consultation process included significant support for:

an overarching legislative framework for children and young people;

the appointment of an independent commissioner for children and young people;

the establishment of a child development council;

community involvement, with or without legislation, to inform the nature of local services.

This Government listened to the views of the community and the Bill proposes:

the appointment of a commissioner;

an outcomes framework (including a charter) for children and young people with performance indicators against which to measure outcomes for children and young people;

the formation of a child development council;

a commitment to an integrated planning and coordination approach that is multidisciplinary, cross-sector and regionally focussed; and

to require state authorities to consider the impact and consequences of their policies on children and young people.

The consultation undertaken on exposure drafts of the legislation in 2013 helped to further develop and refine the Bill.

I would like to acknowledge the significant contribution made by stakeholders and members of the South Australian community in helping us to shape the legislation.

The Child Development and Wellbeing Bill acknowledges that children and young people have competencies and rights, as recommended by recent Thinker in Residence, Professor Carla Rinaldi.

Importantly, children and young people also should be involved in decision-making processes that affect their lives, to the greatest extent possible.

This legislation will also improve information sharing, community voice in decision making and the accountability of government to children, young people and their families and advocacy to improve the outcomes of children and young people in this state.

While existing legislation regulates and directs service provision for children and young people in specific settings and circumstances, such as in relation to education, care, health and child safety, currently there is no overarching legislative framework with an holistic, overall focus on the rights, development and wellbeing of children and young people.

The Commissioner for Children and Young People will provide an authoritative voice and hold decision makers to account at a systemic level and will assist South Australia, as part of the Commonwealth, to satisfy international obligations in respect of children and young people.

The Commissioner will also provide South Australia with a clear counterpart to the Children's Commissioners and Commissions in other Australian jurisdictions, including the National Children's Commissioner.

While the Commissioner will hold decision makers and service providers to account at a systemic level, the Commissioner should not be a lone advocate or champion for children and young people in South Australia. The Bill therefore establishes a legislative mandate applicable to all stakeholders in relation to the rights, interests, development and wellbeing of children and young people in this State.

The Government's Bill, in creating an overarching framework for all children and young people in South Australia establishes a child development council to develop and keep under review, in conjunction with the Minister, a statewide outcomes framework (including a charter) for children and young people.

The Child Development Council and the development of an outcomes framework was supported in the most recent consultation on the draft legislation by the Australian Child Rights Taskforce, the Royal Australasian College of Physicians, UNICEF Australia, the Law Society and others.

The Outcomes Framework will be developed in consultation with children, young people and families and in close collaboration with state and local government bodies and the relevant industry, professional and community organisations. The Outcomes Framework will guide our work for children and young people across the state.

The Child Development Council will advise Government on the effectiveness of the Outcomes Framework in relation to outcomes for children and young people including their safety, care, health and wellbeing; their participation in education, training, sporting, creative, cultural and other recreational activities; and maintaining their cultural identity.

The Bill will amend the Children's Protection Act 1993 to remove the provisions in that Act that establish the Council for the Care of Children. We have consulted the Council for the Care of Children and that body is supportive of being replaced by a Commissioner with a broad mandate to advocate for the rights and interests of children and young people in South Australia.

The Bill requires the cooperation of state and local government bodies to ensure any impacts on children, young people and families are considered in decision making and policies that influence the social, economic and environmental conditions in our society and to ensure that children, young people and families are consulted.

Through the administration of the Act, the Minister has a role in helping to facilitate the coordination of services across South Australia in the best interests of children and young people.

Research from the Bernard Van Leer Foundation indicates that children and young people who are encouraged to express their views and are listened to are less vulnerable to abuse and better able to contribute towards their own protection.

This Labor Government has long understood the importance of the early years in particular, and the child as a whole. We have made this incredibly important area of government one of the foundations of our legacy.

The Child Development and Wellbeing Bill 2014 will continue this proud history of reform and formally entrench and confirm the fundamental importance of children, young people and families for South Australia's present and long-term future.

Members may be aware that the Minister for Education and Child Development in another place, during the Committee stage of the debate on the Bill, indicated that the Government will consider moving Government amendments in this place.

I can indicate today that the Government will be moving amendments that

strengthen the declaration of parliament's commitment of the rights of children and young people;

make explicit the independence of the Commissioner;

provide greater clarity about the Commissioner's systemic inquiry functions;

codifies the annual reporting requirements in this Bill; and

Emphasises the mandatory reporting requirements of the Children's Protection Act 1993,

I commend the Bill to members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines key terms used in the measure.

4—Meaning of rights, development and wellbeing

This clause sets out the meanings of the terms rights, development and wellbeing.

5—Interaction with other Acts

This clause is formal.

Part 2—Fundamental aspects of Act

6—Declaration

This clause makes a declaration in respect of children and young people.

7—Objects

This clause sets out the objects of the measure.

8—Principles

This clause sets out the principles to be applied in the administration of the measure.

9—Statutory duty in respect of children and young people

This clause imposes a statutory duty on each State authority, to be met in carrying out its functions or exercising its powers.

10—Outcomes Framework for Children and Young People

This clause requires the Council to prepare an Outcomes Framework for Children and Young People, and sets out procedural matters in respect of the making etc of the framework.

Part 3—Administration

11—Functions of Minister

This clause sets out the functions of the Minister under the measure.

12—Power of delegation

This clause is a delegation power in respect of the Minister's functions and powers under the measure.

Part 4—Commissioner for Children and Young People

13—Commissioner for Children and Young People

This clause provides that there will be a Commissioner for Children and Young People.

14—Terms and conditions of appointment

The Commissioner will be appointed on conditions determined by the Governor and for a term not exceeding 5 years, and may be reappointed.

The clause also sets out when the appointment of the Commissioner may be terminated.

15—Appointment of acting Commissioner

The Minister may appoint an acting Commissioner in the circumstances set out in the clause.

16—Function of Commissioner

This clause sets out the functions of the Commissioner under the measure.

17—Delegation

This clause is a delegation power in respect of the Commissioner's functions and powers under the measure.

18—Honesty and accountability

This clause makes a procedural provision in respect of the operation of the Public Sector (Honesty and Accountability) Act 1995.

19—Commissioner may require information

This clause enables the Commissioner to obtain information that is in the possession of a State authority (being information needed by the Commissioner in the performance of his or her functions under the measure) and sets out the consequences for a State authority that fails to comply.

20—Commissioner's reports

This clause provides that the Commissioner may, after inquiring into and considering a matter, prepare and present a report on the matter to the Minister, and makes procedural provision in respect of such reports.

21—Use of staff etc of Public Service

This clause provides that the Commissioner may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.

Part 5—Child Development Council

22—Establishment of Child Development Council

This clause establishes and describes the Council and its composition.

23—Presiding member and deputy presiding member

This clause requires the Minister to appoint a presiding member, and deputy presiding member, of the Council.

24—Terms and conditions of membership

This clause sets out the terms and conditions of members of Council, including that they will hold office for 3 year terms and may be reappointed.

25—Allowances and expenses

This clause provides that members of the Council are entitled to fees, allowances and expenses approved by the Governor.

26—Validity of acts

This clause provides that acts or proceedings of the Council are not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

27—Power of delegation

This clause is a delegation power in respect of the Council's functions and powers under the measure.

28—Committees

This clause allows the Council to establish committees under the measure.

29—Council's procedures

This clause sets out the procedures of the Council, including a requirement that it meet at least 6 times per calendar year.

30—Commissioner or representative may attend meetings of Council

This clause provides that the Commissioner, or his or her representative, may attend (but not vote in) meetings of the Council.

31—Conflict of interest under Public Sector (Honesty and Accountability) Act 1995

This clause makes provision in relation to Council members' duties under the Public Sector (Honesty and Accountability) Act 1995 by providing that they will not be taken to have an interest in a matter if they only have an interest that is shared in common with other persons involved in the development and wellbeing of children and young people.

32—Functions of Council

This clause provides that the primary function of the Council is to prepare and maintain the Outcomes Framework for Children and Young People.

This clause also sets out further functions (ie, in addition to preparation of the Outcomes Framework) of the Council under the measure.

33—Council may require information

This clause enables the Council to require State authorities to provide it with information required for the performance of its functions under the measure.

34—Use of Staff etc of Public Service

This clause enables the Council to use public service staff and facilities, in accordance with an agreement with the relevant Minister.

Part 6—Miscellaneous

35—Confidentiality

This clause is a standard clause preventing confidential information obtained in course of official duties from being disclosed other than in the circumstances set out in the clause.

36—Service

This clause sets out how documents etc under the measure can be served on a person or body.

37—Review of Act

This clause requires the Minister to conduct a review of the operation of the measure within 5 years of its commencement.

38—Regulations

This clause is a standard regulation making power.

Schedule 1—Related amendment

Part 1—Preliminary

1—Amendment provisions

This clause is formal.

Part 2—Amendment of Children's Protection Act 1993

2—Repeal of Part 7B

This clause repeals Part 7B of the Children's Protection Act 1993.

Part 3—Amendment of Freedom of Information Act 1991

3—Amendment of Schedule 2—Exempt agencies

This clause amends Schedule 2 of the Freedom of Information Act 1991 to include the Commissioner as an exempt agency for the purposes of that Act.

Debate adjourned on motion of Hon. T.J. Stephens.

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