Today marks one year since the release of the landmark Holding on to Our Future report, a groundbreaking inquiry led by former Commissioner April Lawrie that laid bare the urgent and systemic reforms needed to improve outcomes for Aboriginal children and families in the child protection system.
Coinciding with this anniversary, the South Australian Government has passed new child protection legislation. In response, Commissioner for Aboriginal Children and Young People, Dale Agius, makes the following statement:
“My continued position is one of alignment with the strong and principled recommendations made by the former Commissioner. The Holding on to Our Future report, published one year ago today, called for a transformational shift — which include embedding Active Efforts as the primary principle for working with Aboriginal families.
This recommendation was the result of a two-year inquiry with deep engagement with Aboriginal communities and the sector. It’s disappointing that the legislation passed by Parliament has not gone as far as the report recommended. However, the implementation phase now becomes critical to ensuring that the intentions of these recommendations are reflected in practice.”
Commissioner Agius states:
“While the introduction of the legislation shows a willingness by the government to act and engage crossbench support, the Commissioner stresses that this must be accompanied by tangible and resourced initiatives to support Aboriginal families and communities.”
Commissioner Agius continues:
“If the government is committed to reform, then this legislation should be supported by real investment and action — action that supports Aboriginal families earlier, meaningful partnerships with Aboriginal communities at all stages of decision-making to achieve self-determination and ensuring that Aboriginal families are supported more fairly, and with culturally safe care pathways.
These reforms should include:”
- Universal Family Group Conferencing for Aboriginal families.
- Expanded family strengthening services across government and community sectors.
- Collaborations with Aboriginal Community-Controlled Organisations (ACCOs) to develop family strengthening and reunification programs, led by Aboriginal ways of working, and child raising and care, which is grounded in self-determination.
- The establishment of an Aboriginal Call Centre within the Department for early, culturally respectful engagement — particularly for notifications such as Unborn Child Concerns.
- Case-by-case reviews that move beyond reliance on historical information to embed culturally informed decision-making on each case.
- Mandatory Completed Aboriginal Cultural Assessments upon entry into the system.
- Real-time, transparent data sharing so the community can see what is happening, and the sector can engage with accuracy and adjust services to be fit for purpose.
- Monitoring and oversight by the Aboriginal peak body, Wakwakurna Kanyini, to ensure ongoing accountability and reform integrity of the commitments within the legislation.
- Leadership accountability across all DCP offices to uphold the Aboriginal and Torres Strait Islander Child Placement Principle in both intention and practice.
- Government-wide capability building to strengthen Aboriginal family-focused early intervention and prevention efforts.
Commissioner Agius further stated:
“I will be watching closely to see whether this legislation brings with it unintended consequences, including further over-representation of Aboriginal children and young people entering the system. The current trend simply cannot continue.
This moment must not be seen as an end point but a beginning — an opportunity to shift practice in a direction that is ethical, inclusive, and culturally grounded. The test will be in the rollout, I’ll be working alongside our sector leaders and communities to ensure the legislation delivers meaningful outcomes, not just symbolic legislative change.”