Child Protection Reform and Other Legislation Amendment Bill 2021
Plain English Summary
Overview
This bill makes wide-ranging reforms to Queensland's child protection system and blue card (working with children check) framework. It strengthens the rights of children in care, ensures their voices are genuinely heard in decisions affecting them, modernises the regulation of foster, kinship and licensed care, and connects Queensland to a national system for screening people who work with children.
Who it affects
Children in out-of-home care gain stronger rights and a genuine say in decisions about their lives. Foster and kinship carers benefit from reduced paperwork, better information and access to support. People who work with children face tighter screening, including cross-border checks through a new national database.
Children's rights and participation
Expands the charter of rights for children in care to include rights to culture, identity, religion, language, play and personal belongings. Introduces strong participation principles requiring decision-makers to genuinely listen to children and record their views in the child's own words. Requires 'active efforts' to apply the Aboriginal and Torres Strait Islander Child Placement Principle.
- Charter of rights expanded with 10 new rights covering culture, identity, religion, language, play and the right to complain
- Decision-makers must give children meaningful opportunities to participate and genuinely engage with their views
- Aboriginal and Torres Strait Islander Child Placement Principle must be applied through 'active efforts' that are purposeful, thorough and timely
- Children can request a review of their case plan and challenge more decisions through QCAT
Carer regulation and support
Reduces regulatory burden on carers by extending certificate renewal from every 2 years to every 3 years and simplifying assessment for kinship carers taking additional children. Establishes a carers' register and requires the chief executive to provide carers with comprehensive placement information and access to support including training, respite and financial assistance information.
- Carer certificate renewal extended from 2 years to 3 years
- Kinship carers assessed once for suitability, with streamlined checks for additional children
- Carers must be given information about a child's needs, background, cultural needs and case plan before and during placement
- New legislative requirement for the chief executive to provide carers with support including training, respite care, advice and financial assistance information
- Carers' register established to prevent unsuitable people being approved as carers
Blue card system and interstate screening
Enables domestic violence information to be considered in blue card assessments and connects Queensland to the national Working with Children Check National Reference System. People banned from working with children in another state or territory will be automatically prohibited in Queensland. Updates screening requirements for licensed care service workers including contractors.
- Domestic violence orders and police protection notices can now be considered in blue card assessments
- Queensland joins the national Working with Children Check National Reference System operated by the Australian Criminal Intelligence Commission
- A person banned from working with children interstate will have their Queensland blue card cancelled with no right of review
- Blue card requirements extended to all persons in 'risk-assessed roles' for licensed care services, including contractors and subcontractors
- Higher penalties for employers and workers who breach blue card requirements when an adverse interstate decision is in effect
Information disclosure and other reforms
Allows a deceased child's information to be released to parents regardless of whether a child protection order was in place. Enables a notifier's identity to be disclosed to police for child criminal investigations. Fixes technical issues with intercountry adoption delegations under Commonwealth law.
- Parents can access information about a deceased child even without a child protection order
- Notifier identity can be disclosed to a senior police officer (sergeant or above) investigating a criminal offence against a child
- Adults can consent in writing to disclosure of their child protection information
- Child protection orders continue automatically when an application is made to extend them, closing gaps in protection
- Adoption Act retrospectively amended to fix Commonwealth delegation issues for intercountry adoptions
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Sept 2021View Hansard
Referred to Community Support and Services Committee
The Community Support and Services Committee examined the Child Protection Reform and Other Legislation Amendment Bill 2021 and recommended it be passed. The committee made two additional recommendations: that the Department of Children, Youth Justice and Multicultural Affairs establish age-appropriate participation processes for children in care, and that the Department of Justice and Attorney-General investigate barriers for First Nations persons obtaining Blue Cards. The Queensland Government supported all three recommendations.
Key findings (5)
- The bill proposed amendments to the Child Protection Act 1999 to reinforce children's rights, support Aboriginal and Torres Strait Islander children and families, and introduce participation principles into the legislation.
- The CREATE Foundation's 2018 national survey found only about 30 per cent of children in care in Queensland knew about the Charter of Rights, highlighting the need for legislative reform.
- Stakeholders broadly supported the bill, including the Queensland Aboriginal and Torres Strait Islander Child Protection Peak (QATSICPP), which endorsed the partnership element amendments to the child placement principle.
- The bill also amended the Working with Children Act 2000 to enable Queensland's participation in the national working with children check scheme, addressing gaps in cross-jurisdictional visibility.
- The Queensland Family and Child Commission identified the blue card system as a significant barrier to employment and kinship care arrangements for Aboriginal and Torres Strait Islander peoples.
Recommendations (3)
- The committee recommends that the Bill be passed.
- The committee encourages the Department of Children, Youth Justice and Multicultural Affairs to establish a process to ensure there is customary and age-appropriate participation of children in care in decision-making processes that affect them.
- The committee encourages the Department of Justice and Attorney-General to investigate the nuances and the barriers regarding First Nations persons obtaining Blue Cards so as to improve access to employment.
Committee report tabled
▸Second Reading10 May 2022View Hansard
▸24 members spoke21 support3 mixed
As minister, introduced and commended the bill as making Queensland a national leader in children's participation rights and mandating active efforts in applying the Aboriginal and Torres Strait Islander Child Placement Principle.
“This bill will make Queensland one of the first jurisdictions to mandate that child safety officers must make active efforts in meeting the Aboriginal and Torres Strait Islander Child Placement Principle.”— 2022-05-10View Hansard
As shadow minister, stated the LNP would not oppose the bill. Supported the empowerment of children's voices and the child placement principles but raised concerns about reunification practices, resourcing in regional areas, and unintended consequences of DVO information sharing for blue cards.
“The LNP will not be opposing this bill.”— 2022-05-10View Hansard
As committee chair, supported the bill and highlighted the evidence from young people like Jake Shields about the importance of participation in decisions about their care.
“It is my firmly held belief that all children should be afforded the opportunity to have a voice in decisions that are made about them and their lives.”— 2022-05-10View Hansard
Supported the bill as the best thing for vulnerable Queenslanders, noting the origins in the Mason Jett Lee inquest and the importance of the committee process in refining the legislation.
“I can guarantee the committee was resolute in its decision that this bill is the best thing for those vulnerable Queenslanders.”— 2022-05-10View Hansard
Supported the bill's reforms to children's rights, participation and the Working with Children Check national reference system.
“All children deserve to be safe. However, for some children this is not always the case.”— 2022-05-10View Hansard
Supported the bill as an encouraging step forward but raised concerns about the use of child protection premises in his electorate and called for greater transparency and community consultation.
“When it comes to Queensland's child protection system, both the voice and the safety of a child must take priority.”— 2022-05-10View Hansard
Supported the bill's amendments to strengthen children's rights and voices, the expanded charter of rights, and the new participation principles requiring active efforts under the Aboriginal and Torres Strait Islander Child Placement Principle.
“This bill will also amend the act to make Queensland the first jurisdiction in Australia to require children to be given a voice in the child protection system itself.”— 2022-05-10View Hansard
Welcomed the children's participation and active efforts reforms but could not support the blue card amendments due to unintended consequences for domestic violence victims, particularly Aboriginal and Torres Strait Islander women, and the lack of review rights for interstate cancellations.
“Whatever other positive changes this bill contains, we cannot support these specific amendments given those unintended consequences.”— 2022-05-10View Hansard
Supported the bill, acknowledging the ministers and department staff who work in this difficult portfolio and highlighting the extensive consultation process that informed the reforms.
“I recognise the significant challenges and emotional attachment that goes with what is the most important role that we have and that is protecting our children.”— 2022-05-10View Hansard
Supported the bill but strongly criticised the government's child safety record, citing alarming Child Death Review Board statistics and warning that the reforms must be backed by real action and resources.
“The LNP is committed to protecting all children, especially those who cannot speak for themselves, no matter their economic background, gender or where they live.”— 2022-05-10View Hansard
Supported the bill's principles-based approach to children's participation and highlighted the Create Foundation's evidence that only 30 per cent of children in care knew about their charter of rights.
“I dream of every young person having a smile on their face knowing that they have control over their own life … nothing about us without us.”— 2022-05-10View Hansard
Supported the bill and the minister's tenacity, but sounded a note of caution about the blue card DVO provisions potentially creating incentives to contest DVOs or discouraging victims from seeking them.
“Good laws—better laws—are only the first step in any process of reform. Departmental officers must apply those laws or nothing changes.”— 2022-05-10View Hansard
Supported the bill's strengthening of children's rights, voices and culturally safe care, and praised the requirement for active efforts to apply the Aboriginal and Torres Strait Islander Child Placement Principle.
“This legislation will help to ensure that no longer will young people in care be seen but not heard.”— 2022-05-10View Hansard
Supported the bill's amendments giving children a stronger voice and endorsed the interstate information sharing for blue cards, while raising concerns about unintended consequences of DVO information sharing for domestic violence victims.
“Every single time that a child enters the foster care system it is a tragedy, be it for tragic circumstances like a car accident where both their parents may be deceased or in instances where there is abuse in the family unit.”— 2022-05-10View Hansard
Supported the bill's emphasis on active efforts, children's rights and participation principles, and acknowledged the work of foster carers, kinship carers and grandparents.
“The key term in this bill is defined through 'active efforts', meaning purposeful, thorough and timely efforts.”— 2022-05-10View Hansard
Supported the bill's expansion of children's rights and the Working with Children Check national reference system, while emphasising the need for ongoing practical support including safe housing.
“To protect the rights of our youngest is to invest in our future.”— 2022-05-10View Hansard
Supported the bill as part of the government's ongoing commitment to tackling the complex challenges of child protection, emphasising the importance of giving young people a voice.
“The need to hear the voices of young Queenslanders should extend to those most vulnerable amongst us.”— 2022-05-10View Hansard
As a committee member, supported the bill but highlighted concerns about unintended consequences of DVO information sharing for blue cards and shared a case of a child repeatedly trying to return to her foster family.
“It is one thing to put it in legislation; it is quite another thing to change individual outcomes.”— 2022-05-10View Hansard
Supported the bill's entrenchment of children's rights including cultural connection, identity, and Queensland being the first state to legislate all five elements of the Aboriginal and Torres Strait Islander Child Placement Principle.
“Making sure that the rights of children are entrenched in legislation is an important step forward to protecting and supporting children and their families.”— 2022-05-10View Hansard
Acknowledged the bill was heading in the right direction but said the Greens had significant reservations about the blue card amendments and could not support those parts, citing concerns about procedural fairness and disproportionate impacts on First Nations people.
“The Greens have significant enough reservations around parts 5 and 6—amendments relating to blue cards—that we cannot support these.”— 2022-05-10View Hansard
Supported the bill in its entirety, emphasising the importance of the active efforts requirement for the Aboriginal and Torres Strait Islander Child Placement Principle and the strengthening of children's voices.
“Placing a legislative requirement on that means it is now something that actually happens all the time.”— 2022-05-10View Hansard
Had concerns that the bill created different standards of treatment for Indigenous and non-Indigenous children and opposed the use of civil DVO orders in blue card assessments, arguing a disgruntled ex-partner should not be able to affect someone's employment.
“Unfortunately, I believe this bill sets out to create different standards of treatment for the care of Aboriginal and Torres Strait Islander children and non-Aboriginal and Torres Strait Islander children.”— 2022-05-10View Hansard
Supported the bill's introduction of participation principles to give children a real and ongoing voice in decisions about their care.
“It is my belief that all children should be afforded the opportunity to have a voice in decisions that are made about them and their lives.”— 2022-05-10View Hansard
Supported the bill's reinforcement of children's rights and the strengthening of the child placement principle but raised concerns about unintended consequences of DVO information sharing for blue cards and called on the government to do more for domestic violence victims.
“Nothing is more important than protecting our children and ensuring young Queenslanders get the best possible start to life.”— 2022-05-10View Hansard
Assent date: 7 April 2021