Release Date: Tuesday 17 September 2024
Reform of South Australia’s child safety legislation does not go far enough to reverse the over-representation of Aboriginal children and young people in the State’s child protection system.
Commissioner for Aboriginal Children and Young People April Lawrie has today outlined “deficits” in the draft Children and Young People (Safety and Support) Bill 2024, recently released by the State Government.
In June 2024, the Commissioner launched Holding on to Our Future, the final report of her Inquiry into application of the Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP) in the removal and placement of Aboriginal children in South Australia.
The report made 48 findings and 32 recommendations to reduce the number of Aboriginal children in child protection and ensure they grow up safe and strong with family, community and culture.
The Commissioner, who has not yet received a response from the State Government to her report, says the draft Bill is unsatisfactory and largely ignores the significant evidence of her Inquiry and its recommendations.
“The Bill is a key opportunity for transformative reform but overlooks many of the fundamental changes we need to turn the curve.”
“I released a Preliminary Report in October 2023 with 17 early recommendations to inform the planned legislative reform. Only 3 of the 17 recommendations are reflected in the draft Bill, with a further 6 partly implemented.”
The Commissioner, provided a submission on the draft Bill, outlining her concerns including:
- Importance of Aboriginal-led solutions: The Commissioner emphasises the need for mandated referrals to Family Group Conferencing rather than leaving this to the department’s discretion. The draft Bill falls short as it does not mandate referrals to enable self-determination for Aboriginal families.
- Family contact as a rights-based decision: Instead of restoring power to the Youth Court, the draft Bill maintains the power of the Chief Executive to determine contact. Under these arrangements, children and young people are being harmed by missing out on their right to meaningful contact with siblings and family members.
- Best interests of the child as the paramount consideration: While the full ATSICPP has been included, the draft Bill reflects a lack of understanding about the application of the principle in ensuring the safety and best interests of the Aboriginal child. The principle is not something to be considered separately – any decisions that contradict it are unsafe. The inclusion of loophole clauses renders the ATSICPP ineffective.
- Recognised Aboriginal organisations: The Commissioner calls for the mandatory inclusion of local-level Aboriginal Community Controlled Organisations (ACCOs) in each region as recognised Aboriginal entities with expanded functions to better serve Aboriginal children through local cultural connections, knowledge and experience.
- Pseudo-adoptions of Aboriginal children: Aboriginal children should be excluded from being placed under specific person guardianship orders.
Media contact: Megan Thredgold 8226 3353
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