Landmark child protection laws take effect today after extensive staff preparation and training on the operation of the new provisions.
The Children and Young People (Safety) Act was passed on 6 July 2017, despite sustained opposition from the Liberal Party.
The Act represents the most dramatic change to child protection legislation in 25 years and was developed in the wake of the Nyland Royal Commission.
Central features of the new Act include:
Safety is paramount: Priorities the safety of the child as the paramount consideration when making decisions on a child’s welfare.
The child’s voice: Improves how the system interacts with children when it comes to key decisions that impact them. For example, children have the right to be heard in court and can talk privately with the Judge.
Carer’s rights: Carers can now seek long-term guardianship of a child who is in their care for more than two years. The Act also gives them greater access to information and better acknowledgement of carers’ important role.
The new Act also includes:
Drug and alcohol abuse powers: Clearer powers enabling the Department to order parents or guardians to undergo an assessment, test or treatment program, without the need to get a court order.
Individually-tailored case plans: Children under guardianship will have a mandatory plan devised to guide their care and development. Plans will also be developed for care leavers.
Aboriginal cultural connections: Wherever possible an Aboriginal child will be placed with a member of their family, community or another Aboriginal family.
Compulsory psychological testing for workers: All Departmental, commercial and NGO residential care workers must pass psychometric exams.
Family involvement: Family Group Conferencing will provide a chance for families with potentially at-risk children to discuss issues and make decisions to keep their children safe.
Guardianship of children transferred to CEO: Removes the legal guardianship of children in state care from the Minister.
The first phase of the new Act took effect in February and included giving voice and better representation to children, providing for greater stability in care, greater rights for carers and access to information, improved information sharing (including Child and Family Assessment and Referral Networks), better data sharing between relevant agencies, greater oversight of decision making, and rights to internal and external review.
Quotes attributable to Shadow Minister for Child Protection Jayne Stinson
This landmark legislation is the most comprehensive change to our child protection laws in 25 years and represents a chance to hit the reset button in child protection.
It takes on the recommendations of the Nyland Royal Commission and puts them into action.
The new Act will provide clarity for workers, a greater voice for young people, more respect for carers and ultimately a safer environment for our most vulnerable kids.
While this Act provides a comprehensive new approach, we can never stand still when it comes to improving the child protection system. We must all continue to work together to be vigilant and protect children who can’t protect themselves.
The new Minister was opposed to many key aspects of this Act, but I hope she and the Liberals will provide every chance for these new laws to achieve real change.