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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-08-27 Daily Xml
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Vulnerable Children

In reply to the Hon. C. BONAROS ().4 June 2024).

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector):

I undertook to bring back a response in relation to questions about recommendations made by the Coroner. Accordingly, the Minister for Child Protection has advised:

Section 20 of the former Children's Protection Act 1993, which was the focus of the honourable members' questions, while in effect at the time of the deaths investigated by the Coroner's Office (2016), was repealed along with the rest of the act at the time the Children and Young People (Safety) Act 2017 became fully operational (2018).

I can confirm that there is no direct equivalent of section 20(2) of the Children's Protection Act 1993 in the Children and Young People (Safety) Act 2017 (the CYPS Act). This is because recommendation 60 of the Nyland royal commission report recommended as follows:

'Amend section 20 of the Children's Protection Act 1993 to delete section 20(2) and (3), and include a provision which empowers the Agency to issue a written direction to parents, guardians or other persons requiring them to submit to a drug and alcohol assessment, with the results to be provided to Families SA.'

The CYPS Act responds to that recommendation by empowering the chief executive to direct a person or persons to:

undergo an approved drug and alcohol assessment–section 36;

take part in random drug and alcohol testing–section 37; and

undertake an approved drug and alcohol rehabilitation program–section 38.

The Department for Child Protection takes its responsibilities under the CYPS Act very seriously and has systems in place to ensure its compliance.

Further, section 53(1)(c) of the CYPS Act empowers the Youth Court to make an order directing a drug and alcohol assessment.

From a practice perspective, the Department for Child Protection has made a range of improvements to its operations and staff guidance since the deaths, including:

The Manual of Practice Investigation and Assessment Chapter (Engage with the family) provides guidance for social workers in relation to drug and alcohol assessment, testing and rehabilitation.

The department initiated the Alcohol and Other Drug Learning and Practice Excellence strategy in 2020. The overall aim of this strategy is to further improve DCP's practice in relation to child protection matters that involve alcohol and other drugs.

A practice paper entitled 'Substance misuse by Caregivers' was developed in 2020 as part of the implementation of DCP's practice approach. The paper supports staff to deepen their understanding of the impact of parental substance use on children and young people.

As to the specific matter of which government was responsible for which changes, I can advise that the legislative changes–introduction of the CYPS Act and repeal of the Child Protection Act–were instigated during the time of the Weatherill government, while the practice changes–most of which occurred in 2020–were actioned under the Marshall government.

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