Working with Children (Indigenous Communities) Amendment Bill 2021
Plain English Summary
Overview
This bill would have created a new Blue Card framework giving Indigenous community justice groups the power to recommend restricted working with children clearances for people in their communities. It aimed to address chronic unemployment in remote Indigenous communities where the standard Blue Card system's inflexibility prevents people with certain past offences from accessing employment, even when the local community considers them safe. The bill's second reading was defeated and it did not become law.
Who it affects
Indigenous community members seeking employment that requires a Blue Card would have gained an alternative assessment pathway. Community justice groups would have taken on new decision-making responsibilities regarding child-related employment in their areas.
Key changes
- Community justice groups would have been empowered to make binding recommendations for restricted Blue Cards, overriding negative notices for a narrow range of non-sexual offences (stealing with violence, burglary, unlawful vehicle entry, and drug offences)
- A new interim restricted clearance would have allowed applicants to start work while their application was being assessed, based on the community justice group's recommendation
- The chief executive would have been required to notify the community justice group within 5 business days and provide full application information within 21 days
- Restricted clearances would only apply within the specific community area — holders could not use them elsewhere in Queensland
- Community justice groups could revoke recommendations at any time if circumstances changed, automatically cancelling the clearance
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee1 Sept 2021View Hansard
Referred to Legal Affairs and Safety Committee
The Legal Affairs and Safety Committee examined the Bill over more than a year, receiving 15 submissions and travelling to Mount Isa, Palm Island and Yarrabah to consult with First Nations communities. The committee recommended the Bill not be passed, finding that while the concerns about the blue card system's impact on Indigenous communities were legitimate, the Bill's approach of creating exceptions to child safety safeguards was not the appropriate solution. Instead, the committee made six additional recommendations for the Government to improve the blue card system's accessibility and cultural capability, all of which were supported by the Queensland Government.
Key findings (5)
- The committee acknowledged that non-serious and historical convictions disproportionately affect employment opportunities in Indigenous communities through the blue card system
- The Bill would have created exceptions to child safety safeguards in the Working with Children Act, which the committee found raised fundamental legislative principle concerns regarding the rights of children
- The committee found the existing blue card system needed reform to be more culturally capable and accessible, but through systemic improvements rather than carve-outs
- Stakeholders and communities expressed strong support for addressing blue card barriers, but concerns were raised about the Bill's specific mechanism of restricted clearances for certain offences
- The Queensland Government supported six of the committee's seven recommendations and committed to trialling Blue Card Liaison Officers in First Nations communities
Recommendations (7)
- The committee recommends the Bill not be passed.
- The committee recommends that the Queensland Government trials a program of dedicated persons available within Indigenous communities to assist with Blue Card applications and processes, in collaboration with local Community Justice Groups and councils.
- The committee recommends that the Queensland Government issues clear guidance to large employers, including Queensland Government departments and authorities, and the construction industry about their requirements under the Working with Children (Risk Management and Screening) Act 2000, towards supporting organisations to develop child-safe policies which do not unnecessarily rely on the positive issue of blue cards.
- The committee recommends that the Queensland Government considers legislative amendments to allow for the disclosure of information between government departments to streamline and facilitate the timeliness of blue card and kinship care approvals.
- The committee recommends that the Queensland Government considers reviewing family-related definitions under the Working with Children (Risk Management and Screening) Act 2000 and their application in Indigenous communities.
- The committee recommends that the Queensland Government accelerates implementation of the Queensland Family and Child Commission's Report, Keeping Queensland's Children More Than Safe: Review of the blue card system, with urgent progress on recommendations 41, 43, 46 and 54.
- The committee recommends that the Queensland Government reports back on its progress on the implementation of the committee's recommendations within 12 months.
Committee report tabled
▸Second Reading21 Feb 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 to reform the blue card system in remote Indigenous communities. The bill was defeated, with ALP, LNP and Greens voting against, and 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 support11 oppose3 mixed
Strongly supported the bill as essential to enabling employment and economic prosperity in remote Indigenous communities by reforming the blue card system.
“The only way they can do this is amending the blue card system in these remote Indigenous communities.”— 2023-03-14View Hansard
Introduced the bill for the third time, arguing the blue card system is not fit for purpose in Indigenous communities and creates barriers to employment that compound social disadvantage.
“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 important issues raised but could not support the bill, instead backing the government's alternative approach of blue card liaison officers and systemic improvements.
“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
Acknowledged the advocacy of the member for Traeger but advised the government would oppose the bill as it would lessen existing safeguards, while committing to support all committee recommendations including piloting blue card liaison officers.
“I can advise the member for Traeger that we are supporting all of the recommendations in the committee report. Again, I acknowledge that while very well-intentioned, this bill would lessen existing safeguards.”— 2023-02-21View Hansard
Commended the member for Traeger for raising the issue and acknowledged the failings of the current blue card system, but concluded the solution was not in this bill, instead supporting the committee's recommendations for urgent systemic improvements.
“It became clear that the issues are enormous. However, the solution was not in this bill.”— 2023-03-14View Hansard
Acknowledged the intent of the bill and shared frustration at the government's slow implementation of blue card reforms, but said the LNP cannot support the bill due to unintended consequences and non-compliance with Royal Commission recommendations.
“Unfortunately, this piece of legislation will not achieve that outcome. It will have unintended consequences but, perhaps more difficult, it will have consequences that may be only too readily foreseeable and that is in creating different categories of blue card licence.”— 2023-02-21View Hansard
Opposed the bill on the basis that it would create a two-tiered system contrary to Royal Commission recommendations on equity in child protection, while supporting the committee's seven 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.”— 2023-03-14View Hansard
As committee chair, acknowledged the disadvantage faced by First Nations people in the blue card system but stated the bill would create a two-tiered system contrary to Royal Commission recommendations and would create more problems than it seeks to solve.
“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. The bill, if passed, would create more problems than it seeks to solve.”— 2023-02-21View Hansard
Commended the intent of the bill and criticised the government's shameful inaction on blue card reform over three committee inquiries, but the LNP did not support the bill due to concerns about how it would be operationalised.
“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.”— 2023-03-14View Hansard
Commended the member for Traeger's advocacy and criticised the government for failing to implement blue card reforms after seven years, but confirmed the LNP would not support the bill due to unintended consequences.
“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 because it would afford fewer child safety protections to First Nations children in remote communities, while supporting the committee's recommendations for systemic reform.
“I cannot and do not support the prospect that the access for adults who would otherwise be unable to meet the safety protections for obtaining a blue card should be able to in remote Indigenous communities, because it will come at the cost of safety of kids in those communities.”— 2023-03-14View Hansard
Thanked the member for Traeger for raising the issue but supported the committee's recommendation that the bill not be passed, citing the Royal Commission's recommendation against conditional clearances. Welcomed the government's support for committee recommendations 2 through 7.
“Although recommendation 1 speaks to not passing the bill, we should take note that recommendations 2 through to 7 indicate why the hearings and subsequent report have been so very worthwhile.”— 2023-02-21View Hansard
Supported the objectives of addressing disproportionate barriers First Nations people face in the blue card system but was not convinced the bill adequately achieved those objectives, suggesting alternative reforms instead.
“We absolutely support those objectives to address the disproportionate barriers First Nations people face within the blue card system, including by increasing community participation in decision-making. But like I said then—and I am sure the member for Traeger is getting sick of hearing this—we are not entirely convinced that this bill adequately achieves those objectives.”— 2023-03-14View Hansard
Acknowledged the member for Traeger's intent but could not support the bill as it contradicts the Royal Commission's recommendation against conditional clearances. Strongly criticised the government for implementing only 16 of 81 QFCC recommendations in nearly six years.
“We are talking about a vulnerable 15-year-old girl taking her own life. The blue card system is failing these communities, and this is the most horrific and tragic result.”— 2023-02-21View Hansard
Strongly supported the bill as creating a much needed framework to empower Indigenous communities to make decisions in their own interests while maintaining child safety.
“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 review recommendations, but recognised the intent and supported the committee's alternative recommendations including blue card liaison officers for Indigenous communities.
“While I cannot support the member's bill, I am really encouraged that the government has accepted all of the committee's recommendations. I really do believe that these recommendations will make a material difference.”— 2023-02-21View Hansard
As the bill's sponsor, passionately argued that the blue card system is a major barrier to employment and economic participation in remote Indigenous communities, and pleaded with parliament to back the communities who have asked for this reform three times.
“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. When I go to Doomadgee, they do not say, 'Hey, give me more handouts. Give me more money.' They will not say that. They say, 'How come the white fella has got the job?'”— 2023-03-14View Hansard
Fully supported the bill, criticising the government for promoting Voice and treaty while voting against practical solutions for Indigenous communities. Cited mayors of Palm Island and Yarrabah who supported the bill.
“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
Spoke against the bill as Minister for Children and Youth Justice, acknowledging the member for Traeger's long advocacy but arguing the bill would lessen safeguards and create a two-tiered system that does not serve children's best interests.
“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
Strongly supported the bill, arguing the blue card system prevents Indigenous people from accessing government employment which makes up over 80 per cent of jobs in remote communities, and that this compounds social disadvantage including youth crime and family breakdown.
“Until you can open up some passageway to meaningful employment for these people you do not have an opportunity to rebuild the family unit, address youth crime, address intergenerational unemployment and address alcohol and drug dependency within the community.”— 2023-02-21View Hansard
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