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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-11-30 Daily Xml
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Child Protection System Review

The Hon. J.A. DARLEY (14:36): I seek leave to make a brief explanation before asking questions of the Minister for Human Services, representing the Minister for Child Protection, about a review.

Leave granted.

The Hon. J.A. DARLEY: It was extremely disappointing to hear the government position not supporting an independent inquiry, with the statement that:

…there will be a full statutory review of the children and young people (safety) legislation…due to occur in 2022…which will trigger all the aspects of the child protection system.

Apparently, the government was depending on the view of the Premier that the CEO of DCP:

…confirmed the department takes any matters raised by carers seriously and has made carer engagement and participation a key priority in recognition of the invaluable role carers play.

This was despite clear advice to the Premier, at a meeting with foster and kinship carers, that many carers felt they were not treated with natural justice and procedural fairness when making complaints and this was affecting their role and the retention of carers. They were concerned that their voices will not be heard in the legislative review next year. An independent inquiry is needed ahead of the legislative review scheduled for October 2022. An inquiry is needed focusing on the needs of carers.

A proper investigation into the need for a review of procedures, including the handling of complaints processed within DCP, needs to be conducted to see if matters already uncovered in a recent coronial investigation have been addressed. There is an inherent enormous power imbalance between DCP officials and foster and kinship carers, who would be afraid, if they questioned decisions of the department, that they could lose custody of children in their care.

This was the purpose of the independent review supported by all political parties but yours. It is not too late for the government to change its position. This misalignment between the views of foster and kinship carers and the assurance to you by DCP undermines the basis of government decision-making and competency in this area of foster care. My questions to the minister are:

1. How can the government conduct a legislative review on child protection legislation and not obtain the unguarded and unfettered view of foster and kinship carers?

2. How can the government complete a review of the legislation next year without obtaining the view of foster and kinship carers, who are scared to speak out publicly?

3. Will the government consider changing its position based on reason and evidence-based investigation?

The Hon. J.M.A. LENSINK (Minister for Human Services) (14:39): I thank the honourable member for his question. Indeed, he has articulated that the government was not supportive of doing a separate review into foster and kinship care on the basis that there is a statutory review, which is triggered under the existing legislation next year.

Clearly, foster and kinship carers are a very important part of the child protection system. They offer support and a home to children who are unable to be with their birth families and certainly are a group of people that this government has been very keen to support in that role.

We have extended, as I outlined in my contribution recently on this motion, a range of measures that this government has undertaken to make it easier, if you like, for foster and kinship carers to play that important role in the system, and that remains our position. They offer the sort of home to a child that you can't get through the paid carer system. We would dearly like to have more foster and kinship carers and the Minister for Child Protection has been very keen to expand the number of people who are available to fulfill this important role.

It is part of a continuum of the system, and for that reason the government thinks it needs to be looked at holistically, rather than through different parts of the system, to consider how that system can operate better so that children are safe and they thrive in the environments in which they are placed, regardless of which part of the system they were in at the time.

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