Working with Children (Indigenous Communities) Amendment Bill 2021
Plain English Summary
Overview
This bill sought to reform Queensland's Blue Card system for Indigenous communities by giving Community Justice Groups the power to approve restricted working with children clearances for community members who would otherwise be refused due to certain past criminal offences. It was a private member's bill introduced by Mr R Katter MP that failed at the second reading stage and did not become law.
Who it affects
The bill primarily affected Indigenous community members with past non-sexual criminal convictions seeking employment in child-related roles, and the approximately 50 Community Justice Groups across Queensland who would have gained new decision-making powers.
Key changes
- Community Justice Groups would have gained binding authority to recommend Blue Cards for applicants who would otherwise be refused due to certain past offences
- A new restricted working with children clearance would have been valid only within the specific Indigenous community area
- Only certain non-sexual offences could be reconsidered: stealing with violence, burglary, unlawful entry of a vehicle, and drug trafficking or supply offences
- Interim clearances would have allowed applicants to start work while their application was being processed, on the recommendation of the Community Justice Group
- Strict timeframes were imposed: 5 business days to notify Community Justice Groups, 21 days for the chief executive to provide application information, and 8 weeks for the Community Justice Group to make a recommendation
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee1 Sept 2021 – 21 Feb 2023View Hansard
Referred to Legal Affairs and Safety Committee
▸Second Reading21 Feb 2023 – 14 Mar 2023View Hansard
That the bill be now read a second time
Party VoteFinal vote on whether to advance the Working with Children (Indigenous Communities) Amendment Bill 2021, a KAP private member's bill that would have allowed community justice groups in remote Indigenous communities to approve restricted blue cards for people otherwise denied due to past criminal offences. The bill was defeated, with only KAP and PHON supporting it.
The motion was defeated.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
▸20 members spoke6 support13 oppose1 mixed
Strongly supported the bill, arguing that reforming the blue card system would enable economic participation for Indigenous communities and break intergenerational unemployment by allowing local people to work in local jobs.
“The only way they can do this is amending the blue card system in these remote Indigenous communities.”— 2023-03-14View Hansard
As the bill's sponsor, moved the second reading for the third time, arguing the blue card system is not fit for purpose in remote Indigenous communities where most jobs require one. Cited statistics showing Aboriginal and Torres Strait Islanders make up 5% of applicants but 22% of rejections.
“When you have this one-size-fits-all approach to the blue card, of course it is going to discriminate in these communities. It is not fit for purpose. The numbers are saying that in spades and the people are telling you that.”— 2023-02-21View Hansard
Acknowledged the complex issues faced by First Nations communities but could not support the bill, instead highlighting the government's pilot blue card liaison officer project and other measures to reduce barriers within the existing system.
“In this particular case I cannot commend the bill to the House, but I certainly commend the work of the committee and the intent behind raising this important issue.”— 2023-03-14View Hansard
As Attorney-General, acknowledged the member for Traeger's advocacy but advised the government would oppose the bill, arguing it would lessen existing child safeguards. Announced the government was accepting all seven committee recommendations and piloting a blue card liaison officer project.
“While very well-intentioned, this bill would lessen existing safeguards.”— 2023-02-21View Hansard
Commended the member for Traeger's efforts but concluded that the solution was not in this bill, instead advocating for urgent improvements to blue card applications and appeals and implementation of outstanding QFCC recommendations.
“It became clear that the issues are enormous. However, the solution was not in this bill.”— 2023-03-14View Hansard
Acknowledged the frustration behind the bill and shared the concern for Indigenous communities but could not support it due to unintended consequences and non-compliance with the Royal Commission's recommendations. Criticised the government's slow implementation of the 2017 QFCC report, with only 16 of 81 recommendations completed.
“While we understand and share the frustration and the concern of the member for Traeger, we are not satisfied that this bill will solve the issue and we think it may well have unintended consequences.”— 2023-02-21View Hansard
Argued the bill would create a two-tiered system contrary to the Royal Commission's recommendations on equity in child protection. Stated the government would not support the bill but accepted all seven committee recommendations.
“At its heart this bill proposes the creation of a two-tiered system that is directly contrary to the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse that equity in child protection is upheld while diverse needs are taken into account.”— 2023-03-14View Hansard
As committee chair, reported that the committee recommended the bill not be passed as it would create a two-tiered system contrary to the Royal Commission's recommendations, but acknowledged the compelling stories heard during community hearings.
“At its heart, this bill recommends the creation of a two-tiered system and that is directly contrary to the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse.”— 2023-02-21View Hansard
Commended the bill's intent and criticised the government's shameful inaction over three committee inquiries but did not support the bill due to doubts about how it would be operationalised. Called the government's failure to act a disgrace.
“We in the LNP certainly commend and support the intent of this bill. The way in which it was to be operationalised was subject to some doubts and concerns throughout the committee process—that is why we are not supporting the bill—but the government needs to pick up its act and do better.”— 2023-03-14View Hansard
Commended the member for Traeger but stated the LNP would not support the bill due to unintended consequences. Highlighted the government's inaction on QFCC recommendations after seven years and committed to holding the government accountable.
“When we hear tragic stories of leaders in communities who have reformed their own lives, who are wanting to contribute to reform other lives, yet government processes are setting them back in their ability to do that, I think that is a government that has checked out.”— 2023-02-21View Hansard
Opposed the bill on the grounds that it would create a lesser standard of child protection for First Nations children, arguing all children deserve equal safety protections regardless of where they live. Supported the committee's alternative recommendations.
“I am deeply uncomfortable with that proposition. All children, regardless of where they live, deserve the protection of being safe.”— 2023-03-14View Hansard
Thanked the member for Traeger for bringing the issue forward but could not support the bill as it would create a two-tiered system. Detailed the committee's seven recommendations and expressed support for the government's response.
“The member for Traeger was absolutely correct to pursue these issues. It is simply that this bill is perhaps not the ideal mechanism.”— 2023-02-21View Hansard
Supported the bill's objectives to address disproportionate barriers First Nations people face in the blue card system but was not convinced the bill adequately achieved those objectives, citing concerns about the restricted community-only card and limitations to communities with justice groups.
“I absolutely support the intent of this bill. I need to put on record my appreciation and recognition of the effort that has gone into putting this bill before the parliament and raising such an important issue again. While we cannot support the bill in this form, I genuinely hope that the government listens to some of the suggested alternatives.”— 2023-03-14View Hansard
Could not support the bill as it contradicts the Royal Commission's recommendations but shared the distressing story of a 15-year-old girl from Mornington Island who committed suicide after being removed due to family blue card issues. Condemned the government's inaction on the 2017 QFCC recommendations.
“Its lack of action in this space is endangering the lives of the most vulnerable in our community.”— 2023-02-21View Hansard
Supported the bill as creating a much needed framework to empower Indigenous communities, arguing that the one-size-fits-all blue card approach fails to recognise the unique cultural circumstances of remote communities.
“The one-size-fits-all approach to the blue card system has had an enormously negative impact on Indigenous communities throughout Queensland where unemployment is chronically high.”— 2023-03-14View Hansard
Could not support the bill as many elements contrasted with Royal Commission and QFCC recommendations, but acknowledged the importance of removing unnecessary barriers to employment for First Nations people and supported the committee's alternative recommendations.
“There is dignity in work and ensuring that Queensland's First Nations peoples strive for, apply for and gain employment in the same sectors at the same rate as non-Indigenous people.”— 2023-02-21View Hansard
As the bill's sponsor, passionately argued in reply that the blue card system is causing enormous harm to Indigenous communities by preventing employment and economic participation, shared multiple examples of individuals denied opportunities, and challenged the government to provide an alternative solution rather than simply opposing the bill for a third time.
“If you want to fix youth crime, fix the families. If you want to fix the families, get them into jobs. They do not want money.”— 2023-03-14View Hansard
Fully supported the bill, arguing it was disingenuous for the government to promote Voice and treaty while voting against real solutions that would have a life-changing impact on Indigenous communities.
“I find it incredibly disingenuous for our government to promote Voice and treaty while at the same time voting against real solutions that would have a life-changing positive impact on Indigenous communities.”— 2023-02-21View Hansard
As Minister for Children and Youth Justice, opposed the bill as it would lessen existing child safety safeguards and was inconsistent with No Card, No Start reforms. Supported all committee recommendations and outlined ongoing departmental work on culturally responsive blue card processes.
“A two-tiered system does not serve that purpose. Though well intentioned as the bill is, it does not serve the best interests of children and the safety of children.”— 2023-02-21View Hansard
Supported the bill and praised the member for Traeger's decade of advocacy for Indigenous communities. Argued the blue card system was borderline racist in its impact on remote communities where 80% of employment requires government jobs needing a blue card.
“If over 80 per cent of the employment up there is through local and state governments and you need a blue card, there is your answer.”— 2023-02-21View Hansard