HANSARD
SITTING CALENDAR
SEARCH
LIVE BROADCAST
Hansard Dynamic Member Index
Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-05-12 Daily Xml
Contents
Pdf Xml

Motions

Youth Death, Port Lincoln

The Hon. C. BONAROS (15:53): I move:

That this council—

1. Calls for an immediate independent joint report, to be completed by the Guardian for Children and Young People and the Commissioner for Aboriginal Children and Young People, into all of the circumstances surrounding the death of the 13-year-old child in an industrial garbage truck at Port Lincoln on 11 May 2021, with particular reference to—

(a) any failures, shortcomings or neglect of obligations and responsibilities by any department or agency or sub-contracting agency;

(b) any allegations of neglect, abuse, mistreatment, or abuse of process by departmental staff, residential facilities, youth, accommodation, education and other service providers who were responsible for and/or entrusted with any aspect of their care;

(c) the adequacy and appropriateness of care arrangements of the deceased child and the bystander children involved in the incident, prior to and since the incident;

(d) the compliance of the department with the terms and conditions of any guardianship orders the Department for Child Protection was required to fulfil;

(e) any other matters they see fit.

2. Requires the joint report to be tabled in parliament within three months.

3. Calls on the Marshall government to immediately guarantee the safety and wellbeing of the bystander children and all other children under the care of the department.

4. Calls on the Coroner to investigate the death of the child as a matter of urgency.

I speak today on this motion with the heaviest of hearts and I am sure I am not the only one in this place whose heart is indeed very heavy at what we heard yesterday. We have seen the face of a failed and broken system, the face of a dear little chap, only 13 years old, who was sleeping in a dumpster and was killed when he was crushed in a compactor truck emptying the dumpster at 5.20am yesterday morning.

It is a face that will not leave me and others, I am sure. I am sure that there are many people who will not rest until they have answers to all of the questions that surround this horrid, tragic incident in Port Lincoln yesterday morning. The child protection system in this instance has failed all three boys sleeping in the dumpster and I want to make sure we get answers to those questions so that no other child is ever in that situation again.

SAPOL superintendent, Paul Bahr, reported last night on ABC that they were conducting a coronial inquiry. I think he meant that they are preparing a report for the Coroner. Disappointingly, he also stated that the boys had somewhere to stay. This is an assumption that is not his to make, quite frankly—that is a matter for the Coroner.

My motion calls for an immediate independent joint inquiry to be undertaken by the Guardian for Children and Young People and the Commissioner for Aboriginal Children and Young People into all of the circumstances surrounding the death of this child yesterday. This is to ensure that measures can be put in place to urgently address any failures that have led to this incident. I want those experts to carefully analyse the adequacy and appropriateness of that care, including any allegations of abuse, neglect, mistreatment or abuse of processes that those children may have suffered by any department, service or subcontractor.

In particular, I want them to look at the terms and conditions of any guardianship orders or other arrangements the Department for Child Protection and any other agencies had in place and were required to fulfil in relation to all of the children. I have called for this to be completed within three months to ensure that there is an immediate response to address anything arising from the inquiry.

Secondly, as noted, the motion calls on the Coroner to investigate the death urgently. We cannot risk more children dying in any circumstances, but especially these. Thankfully, the Coroners Act has been recently amended to ensure that the entire circumstances surrounding little Kumanjay's death will be fully investigated.

In 2008, we apologised as a nation to the stolen generations and today I apologise to you, little Kumanjay, and to your two best mates, that we have failed you as the next stolen generation. We failed to protect you, to keep you safe and warm on that cold and wet Port Lincoln night, like we had on so many nights before that, in your very short 13 years. But I also give you and your friends a commitment: we can and we must do better, and I will do my part to ensure that we act.

I do not know all of the circumstances in this case—none of us do—and that is the reason why I am moving for this inquiry. But what I have heard over the last 24 hours has absolutely rocked me to the core. There is no place for any child to find themselves in the situation that these three little children found themselves in yesterday. With those words, on the basis that this is very much in the public interest, I urge all honourable members to support the motion.

Debate adjourned on motion of Hon. I.K. Hunter.

PARLIAMENTARY BUSINESS
MEMBERS
GET INVOLVED
ABOUT PARLIAMENT
VISIT
LEGISLATIVE COUNCIL
HOUSE OF ASSEMBLY
CONTACT