Working with Children Legislation (Indigenous Communities) Amendment Bill 2018

Introduced: 17/10/2018By: Mr R Katter MPStatus: 2nd reading failed

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced17 Oct 2018View Hansard
First Reading17 Oct 2018View Hansard
Committee17 Oct 2018 – 19 May 2020View Hansard

Referred to Legal Affairs and Community Safety Committee

Second Reading18 Feb 2020 – 19 May 2020View Hansard

That the bill be now read a second time

Final vote on whether to advance the private member's bill to committee stage. The bill, which proposed empowering community justice groups to make binding recommendations on blue card applications for Indigenous community members, was defeated 6-80 with only KAP, NQF, PHON and one independent supporting it.

Defeated6 ayes – 80 noes2020-05-19

The motion was defeated.

Show individual votes

Ayes (6)

Andrew(One Nation Party)
Bolton(Independent)
Costigan(North Queensland First)
Dametto(Katter's Australian Party)
Katter(Katter's Australian Party)
Knuth(Katter's Australian Party)

Noes (80)

B. O’Rourke(Australian Labor Party)
Bailey(Australian Labor Party)
Bates(Liberal National Party)
Batt(Liberal National Party)
Bennett(Liberal National Party)
Berkman(Queensland Greens)
Berkman. Pairs: D’Ath
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Boyce(Liberal National Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
C. O’Rourke(Australian Labor Party)
Crandon(Liberal National Party)
Crawford(Australian Labor Party)
Crisafulli(Liberal National Party)
Dick(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Frecklington(Liberal National Party)
Furner(Australian Labor Party)
Gerber(Liberal National Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hart(Liberal National Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Janetzki(Liberal National Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Lauga(Australian Labor Party)
Leahy(Liberal National Party)
Linard(Australian Labor Party)
Lister(Liberal National Party)
Lui(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McCallum(Australian Labor Party)
McDonald(Liberal National Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Mickelberg(Liberal National Party)
Miles(Australian Labor Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Mullen(Australian Labor Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Purdie(Liberal National Party)
Richards(Australian Labor Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Simpson(Liberal National Party)
Sorensen(Liberal National Party)
Stevens; Pegg
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Whiting(Australian Labor Party)
Wilson; Healy
de Brenni(Australian Labor Party)
20 members spoke5 support14 oppose1 mixed
5.30 pmMr HUNTOpposes

Argued the bill creates too great a risk to children by shifting the benefit of the doubt to applicants rather than child safety. Stated the LNP will always put safety and welfare of children first and cannot support the bill.

The LNP cannot support the bill because it creates too great a risk to children. The LNP will always put the safety and welfare of children first and, as I said, this bill fails to do this in that it shifts the benefit of the doubt to the applicant for the card rather than the safety of the child.2020-05-19View Hansard
5.50 pmMr KATTERSupports

As the bill's sponsor, argued that blue card barriers prevent Indigenous community members from accessing employment, leading to family dysfunction, substance abuse, and youth crime. Urged parliament to empower communities to make their own decisions about who is safe to work in their communities.

Not having a blue card is one of the problems. I cannot find anyone in the communities who will argue that point with me. I visit these communities and I say, 'What is the big problem up here?' and I am told, 'Mate, none of us can get a blue card.'2020-02-18View Hansard
5.36 pmMr RUSSOOpposes

Opposed the bill as contrary to the Royal Commission into Institutional Responses to Child Sexual Abuse which found there should be no conditional or different types of working with children clearances.

While one has to be sympathetic to the issues the bill seeks to address, one has to place weight on the recommendation of the Royal Commission into Institutional Responses to Child Sexual Abuse, which found that nationally there should be no conditional or different types of working with children clearances.2020-05-19View Hansard
6.00 pmHon. YM D'ATHOpposes

As Attorney-General, announced the government would oppose the bill. Cited the royal commission and QFCC recommendations against conditional working with children clearances. Outlined government initiatives to improve blue card accessibility for Indigenous communities, noting withdrawn applications had dropped from 17.8% to 4.4%.

Principally, the government's opposition to the private member's bill is borne out of the fact that it runs contrary to the recommendations made by both the royal commission and the Queensland Family and Child Commission that there should be no conditional nor different types of working with children clearances.2020-02-18View Hansard
5.42 pmMr KNUTHSupports

Fully supported the bill, arguing it would empower Indigenous communities to make decisions and create employment opportunities while maintaining child safety through community justice group oversight.

This bill creates a framework which strengthens the process by enabling the community justice group to consult with the police and relevant authorities on whether an individual should be issued with a blue card.2020-05-19View Hansard
6.10 pmMr JANETZKIOpposes

Announced the opposition would not support the bill due to significant flaws that could inadvertently subject children to risk of harm. Acknowledged the worthy policy intent of addressing employment challenges in Indigenous communities but noted concerns about bias risks with community justice groups and confidentiality issues.

While the policy intent of the bill of addressing employment challenges within Indigenous communities is worthy of serious consideration, there are significant flaws with the policy that will likely inadvertently subject children to the risk of harm.2020-02-18View Hansard
5.47 pmMrs McMAHONOpposes

Opposed the bill, arguing it places employment opportunities over the safety of children and is contrary to recommendations of both the Royal Commission and Queensland Family and Child Commission blue card review.

I back a framework that will always back the safety and wellbeing of children, particularly in areas of high vulnerability.2020-05-19View Hansard
6.19 pmMs LINARDOpposes

As chair of the examining committee, explained the committee recommended the bill not be passed. Argued the bill would create a two-tiered system with lower child protection standards in Indigenous communities, contrary to royal commission and QFCC recommendations.

I do not think the interests of any community are served by having a lower standard of protections in place for that community's children than applies to others.2020-02-18View Hansard
5.52 pmMr BENNETTOpposes

Acknowledged the bill's noble intentions but argued creating a two-tier system is not the answer. Expressed concerns about governance, accountability, and putting decision-making risk onto community groups.

Creating a two-tier system is not the answer. The creation of a families justice group is not the answer. Putting this amount of risk into decision-making is not sustainable and comes with much risk.2020-05-19View Hansard
6.26 pmMr McDONALDOpposes

Opposed the bill stating it could result in unintended consequences that could disadvantage vulnerable communities. Raised concerns about the restricted positive notice card allowing persons convicted of serious offences to work with children, and noted the bill conflicts with the government's no-card no-start policy.

The safety of all Queensland children must be the first priority of any bill involving children, and this bill just does not quite stack up.2020-02-18View Hansard
5.59 pmMs BOYDOpposes

Drew on her experience visiting remote communities on the legal affairs committee in 2017. Found divergent views within communities about the bill and reluctance from community justice group members to be decision-makers on their peers.

It is not a bill that I support but I am keen to see further development in this space as time progresses.2020-05-19View Hansard
6.34 pmMr PEGGOpposes

Opposed the bill based on two main reasons: during community consultations he saw negative notices were all for serious offences he agreed warranted rejection, and not all community members supported the bill despite the member for Traeger's connection to those communities.

Child safety is such a serious issue that it is not something I think we should compromise.2020-02-18View Hansard
6.04 pmMr DAMETTOSupports

Strongly supported the bill, arguing that employment is critical for breaking cycles of welfare dependency, drugs and alcohol abuse in Indigenous communities, and that community justice groups should have autonomy to make these decisions.

No-one knows these communities better than the people who live there. There are not 100,000 people living in a city. There might be 5,000 people living in a community. They all know each other.2020-05-19View Hansard
6.38 pmMrs WILSONOpposes

Could not support the bill in its current form due to lack of monitoring and compliance framework. Acknowledged the child placement principle issues but stated laws must limit risk and prevent those who should never be around children from being so.

While there would be some obvious positive outcomes from this bill for Aboriginal and Torres Strait Islander communities, one major concern raised by submitters is the lack of monitoring and compliance within the framework.2020-02-18View Hansard
6.11 pmMs McMILLANOpposes

Opposed the bill as undermining protections for First Nation children. Drew on her background as a former principal and teacher to emphasise the importance of child protection standards.

This new framework places these good people in an untenable position where they are making decisions that may compromise the safety of children in a whole community.2020-05-19View Hansard
6.47 pmHon. DE FARMEROpposes

As Minister for Child Safety, opposed the bill citing the royal commission recommendation that there should be no conditional or different types of working with children clearances. Emphasised that Queensland's blue card system is the most robust in Australia and cannot be diluted.

Our blue card system is the most robust system of any state in Australia. We simply cannot dilute the framework we have built around our kids to keep them safe.2020-02-18View Hansard
6.14 pmMr BERKMANMixed

Supported the intent behind the bill and recognised the blue card system has disproportionate impact on Aboriginal and Torres Strait Islander people, but could not support the bill due to concerns about privacy, community consultation, and safeguards for children.

While for the reasons I stated above I will not support the bill, I do commend the member for Traeger for pursuing this issue and for representing the interests of parts of his community.2020-05-19View Hansard
6.57 pmMr HUNTOpposes

Acknowledged the member for Traeger's intent to solve a significant issue but stated the LNP will always put safety of children first. Noted the solution contains too many risks and there are reasons blue cards have serious and disqualifying offences.

The LNP will always put the safety of children first. It must be our top priority.2020-02-18View Hansard
6.24 pmMr COSTIGANSupports

Supported the bill, arguing that local people in Indigenous communities deserve empowerment and autonomy rather than having decisions made by bureaucrats in Brisbane thousands of kilometres away.

Local people in these communities are being ignored and are not being given a sense of empowerment or autonomy. We are treating them with contempt. There is no respect.2020-05-19View Hansard
6.32 pmMr KATTERSupports

As bill sponsor, gave impassioned reply defending the bill. Argued the fundamental principle is empowering First Australian communities to make decisions for themselves about who works with their children, rather than bureaucrats in Brisbane.

We empower our First Australian communities to make the decisions for themselves on what is best for their community. Isn't that bold? Isn't it bold that we let them make the decisions, not us down here?2020-05-19View Hansard
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

Overview

This bill proposed giving Indigenous Community Justice Groups the power to approve Blue Cards (Working with Children checks) for community members who would otherwise be denied due to certain non-sexual criminal offences. The bill's second reading failed and it did not become law.

Who it affects

Indigenous job seekers with past offences who sought employment in their communities, and the Community Justice Groups who would have gained new decision-making powers.

Key changes

  • Community Justice Groups could make binding recommendations to issue Blue Cards for people with certain past offences (stealing, burglary, drug offences - but not sexual offences)
  • Created 'restricted positive notices' that only allowed work within the specific community area
  • Set 21-day timeframe for Blue Card decisions (previously no set timeframe)
  • Allowed interim work permits so applicants could start work while their application was being processed
  • Recognised that communities may better understand an individual's rehabilitation than centralised assessment