Child Protection and Other Legislation Amendment Bill 2020
Plain English Summary
Overview
This bill clarifies that adoption is an option for achieving permanent homes for children in out-of-home care, responding to coronial recommendations following the death of Mason Jet Lee. It requires case plan reviews after two years for children under the chief executive's long-term guardianship, to ensure better permanency options are actively considered.
Who it affects
Children in long-term out-of-home care and their foster carers may benefit from clearer pathways to permanency, including adoption. Aboriginal and Torres Strait Islander children are protected by provisions ensuring adoption remains a last resort.
Key changes
- Adoption becomes the third preference (after family reunification and kinship care) for achieving permanency for non-Indigenous children in care
- For Aboriginal and Torres Strait Islander children, adoption remains the last preference, respecting cultural connections and applying the Child Placement Principle
- Mandatory case plan reviews required after two years for children under the chief executive's long-term guardianship
- Reviews must consider whether family reunification, kinship care, or adoption would better achieve permanency for the child
- Technical fix allows final adoption orders for overseas children placed during a 2018-2019 administrative gap
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee3 Dec 2020View Hansard
Referred to Community Support and Services Committee
The Community Support and Services Committee examined the Child Protection and Other Legislation Amendment Bill 2020 and recommended it be passed. The bill had previously been examined by the Legal Affairs and Community Safety Committee in the 56th Parliament, which also recommended passage. A significant majority of submissions opposed the bill's proposed changes to the permanency hierarchy, particularly regarding the inclusion of adoption as the third preference for non-Indigenous children, with strong concerns raised about the impact on Aboriginal and Torres Strait Islander children. The committee acknowledged these concerns but concluded that existing safeguards in the Child Protection Act and Adoption Act were sufficient.
Key findings (5)
- A significant majority of submissions opposed the proposed amendments to the permanency hierarchy, particularly the explicit inclusion of adoption as the third preference for achieving permanency for children in care
- Aboriginal and Torres Strait Islander stakeholders, legal bodies and child protection organisations raised serious concerns about the potential impact on Indigenous children, citing the legacy of the Stolen Generations and the risk of disconnection from family, culture and community
- The Queensland Law Society and Bar Association of Queensland argued that Permanent Care Orders offered a less restrictive alternative to adoption that maintains family connections, and should be preferred
- Submitters called for greater investment in prevention and early intervention services to reduce the number of children entering the child protection system, noting that 84 per cent of child protection funding was directed at child removal rather than family support
- The department confirmed that only 10 children had been adopted from the child protection system in the previous seven years, and that the bill clarified existing options rather than introducing new powers
Recommendations (1)
- The committee recommends the Child Protection and Other Legislation Amendment Bill 2020 be passed.
Committee report tabled
▸Second Reading23 Mar 2021View Hansard
▸20 members spoke18 support2 oppose
Introduced the bill as minister, arguing it enhances permanency options for children in care by clarifying adoption as a third preference while maintaining safeguards for Aboriginal and Torres Strait Islander children.
“The bill proposes to enhance the approach to permanency under the Child Protection Act and clarify that adoption is an option to be considered as part of a suite of long-term options available.”— 2021-03-23View Hansard
Spoke as shadow minister, supporting the bill but heavily criticising the government's record on child safety, citing 53 child deaths in 2019-20 and calling the system broken.
“Given that the goal is to provide clarity and enhance options in the approach to permanency for children and in the interests of children, the LNP will not be opposing the bill.”— 2021-03-23View Hansard
Supported the bill as committee chair, defending the child protection system and highlighting the Palaszczuk government's investment of over $728 million since 2015 in child safety.
“This bill is advanced without in any way undercutting, winding back or reducing in force the child placement principles set out in schedule 7 of the Adoption Act and schedule 5C of the Child Protection Act.”— 2021-03-23View Hansard
Supported the bill, emphasising the need for permanency for children in care and noting the LNP's earlier suite of reforms on child safety from March 2020.
“In supporting the legislation we start to see improved options for the 8,200 children in the out-of-home care system.”— 2021-03-23View Hansard
Supported the bill drawing on her experience as a former child support worker, emphasising the importance of cultural rights for Torres Strait Islander children in the system.
“This bill will make a world of difference in creating permanency for children who, through no fault of their own, have entered into situations where they do not have stability in their lives.”— 2021-03-23View Hansard
Supported the bill as a committee member, arguing adoption needs to be supported in practice at departmental level to stop the merry-go-round of foster placements.
“We will be supporting the bill. I hope that it leads to a more practical option with more adoptions occurring in practice in Queensland.”— 2021-03-23View Hansard
Supported the bill as the former minister for child safety who oversaw the 2018 permanency reforms, defending the department's staff and ongoing reform efforts.
“The safety, wellbeing and best interests of the child, both throughout childhood and for the rest of their life, are our paramount considerations.”— 2021-03-23View Hansard
Opposed the bill, arguing it elevates adoption without addressing systemic underfunding of family support services and ignores concerns from the Human Rights Commission and key stakeholders.
“The very clear opposition from relevant advocacy organisations, concerns about the human rights consequences of this bill and particular impacts on Aboriginal and Torres Strait Islander children have been roundly ignored by the government.”— 2021-03-23View Hansard
Supported the bill, outlining the permanency hierarchy and safeguards for Aboriginal and Torres Strait Islander children.
“I have listened to many members speak on the bill. Ignoring politics, I can only say how confronting and complicated this issue is.”— 2021-03-23View Hansard
Supported the bill, emphasising the scientific evidence on children's need for attachment and criticising the slow pace of reform since the 2013 Carmody inquiry.
“If Mason Jett Lee had been placed permanently with loving and competent caregivers it is likely he would still be alive today.”— 2021-03-23View Hansard
Supported the bill, thanking foster and kinship carers and acknowledging the importance of permanency reforms for vulnerable children.
“We must be vigilant in the ongoing monitoring of these case plans to ensure the best possible future trajectory for these children.”— 2021-03-23View Hansard
Supported the bill drawing on his experience as a former assistant minister for child safety, highlighting the statistics on multiple placements and need for permanency.
“Every child needs and deserves a stable home.”— 2021-03-23View Hansard
Supported the bill as a former committee member, arguing the government wrings its hands too much and that more emphasis needs to be placed on the good of the child.
“I think the rights of the child to have those opportunities and to be taken out of an environment where they are imperilled should always be seen as the most important consideration.”— 2021-03-23View Hansard
Supported the bill from his perspective as a former police officer, criticising the government's child safety record and calling for greater accountability.
“Should this bill be passed? Yes but in the absence of anything else before us.”— 2021-03-23View Hansard
Supported the bill, welcoming bipartisan support and encouraging continued collaboration between government and opposition on child safety.
“I am heartened that the opposition have said they will support this bill—hopefully without amendment. It is to their credit that there can be bipartisanship on such an important issue.”— 2021-03-23View Hansard
Supported the bill as a committee member, highlighting that only six children were adopted from the child protection system in five years and calling for the system to be overhauled.
“The LNP supports the need for this bill to pass because it highlights the importance of and promotes alternative permanency options for children under long-term guardianship orders.”— 2021-03-23View Hansard
Supported the bill, framing it as above politics and calling for parliament to make a stand for children's safety regardless of party differences.
“I will not be opposing this bill and I hope that this bill is a symbol of hope for those children who most desperately need it.”— 2021-03-23View Hansard
Supported the bill drawing on his experience as a teacher who witnessed child abuse, emphasising the government's investment in early intervention services.
“Every child deserves a childhood free from violence and abuse. Every child should feel cared for, protected, safe and able to reach their full potential.”— 2021-03-23View Hansard
Opposed the bill, arguing that 84 per cent of child protection funding goes to removal rather than prevention, and urging investment in early intervention, public housing and family support instead of elevating adoption.
“For these reasons, the Greens will not be supporting this bill.”— 2021-03-23View Hansard
Supported the bill as a former committee member and ex-police officer, arguing adoption should be unlocked as an option while acknowledging concerns from adoptees.
“I support this aspect of the bill which does not force adoption as an opportunity but does unlock it as an option.”— 2021-03-23View Hansard