Following statewide engagement with the South Australian community, partners and key sector stakeholders, the Malinauskas Labor Government will today introduce the Children and Young People (Safety and Support) Bill 2024 into parliament.
The new Bill represents a commitment to transforming and building capacity of the child protection and family support system to help improve the lives of children and young people and the complex issues facing South Australian families.
A redefined and purpose-built system is required to address these challenges in a way that adequately reflects community values and expectations with the child and young person at the heart of the process. This new bill creates a solid foundation to drive this change.
The overrepresentation of Aboriginal children and young people engaged with the child protection and family support system demands that tackling this be a constant priority with the knowledge that positive outcomes for families are best achieved when decisions and services are led by Aboriginal people.
The development of this Bill follows a thorough review of the existing Act where nearly 1000 people provided feedback. The review provided an opportunity to rigorously examine and improve the central legislative framework through which South Australia's child protection and family support system operates.
The newly developed Bill was considered through forums, surveys and direct feedback, with discussions held with Aboriginal and non-Aboriginal people across metropolitan and regional South Australia. In addition to discussions at forums and meetings, the government considered survey responses and formal submissions.
The level and depth of feedback received from across the sector and community has provided a clear mandate and support for the government's dedication to fundamental reform of the child and family support system.
The inclusion of a State Strategy will be pivotal, where entities that intersect with children, young people and families engaged with the child protection and family support system owns and recognises the collective responsibility and shared aspirations for children and young people's safety and wellbeing, and the role agencies play in reducing the risk factors for child abuse and neglect.
The finalised Bill includes provisions that:
- Elevate the voice of the child by enabling greater participation in their own decision making and that better protect their rights and connection to siblings.
- Retain children's safety as the paramount consideration in statutory decision making but also elevates their best interests in all decision-making under the Act.
- Increases access to Family Group Conferencing for Aboriginal families and strengthens Aboriginal family led decision making.
- Change the threshold for mandatory reporting to better identify and respond to children at risk, better align with interstate jurisdictions and remove the requirement for mandated notifiers to report concerns that they have already reported on.
- Provide more supports and planning for young people with a care experience as they move toward their adult years.
- Incorporate a public health approach to child protection and family support and a greater emphasis on the provision of targeted assistance to children and young people and their families to prevent children and young people from being in care.
- Embed the Statement of Commitment to foster and kinship carers and strengthen the participation of carers in significant decisions relating to children in their care.
- Introduce a Statement of Commitment to families engaged with the system.
There will be significant opportunities throughout the implementation phase to work closely with community, across government and all stakeholders to ensure supporting policies and processes are designed and implemented in ways which empower children and young people to thrive.
As put by Katrine Hildyard
This legislation is an important landmark in our Government's, the sector's and the community's journey to progress fundamental reform to improve the child protection and family support system in ways that help improve the lives of children, young people and their families.
I wholeheartedly thank the many community members, partners, stakeholders and young people themselves for their engagement and feedback on this essential reform.
This significant bill speaks to our determination to progress improvements that give children and young people in our state the best opportunity to be safe, well, loved and enabled to thrive and it sets a foundation and framework for transformational change to do so.
There are children and families in South Australia facing enormous challenges that many people do not ever have to contemplate. This legislation acknowledges this, helps respond to these challenges and is a crucial part of the foundation to drive real change in the lives of children who most need support.
We know that Aboriginal children and young people will do better when decisions about their lives are led by Aboriginal people and communities, and this legislation provides a pathway to a sector in which Aboriginal people lead decisions for Aboriginal children and their families.
Our Government is determined to do what we can to tackle the complex challenges children and their families face and to help children thrive. This Bill is a really important step forward.
