Rachel Siewert (WA, Australian Greens) Share this | Hansard source

I move Greens amendment (1) on sheet 4954:

(1)    Schedule 1, page 8 (after line 7), after item 1, insert:

1A  After section 5B

Insert:

5BA  Registered and active family carers

        (1)    A person is a registered and active family carer if the Secretary is satisfied that:

             (a)    the person meets the requirements (if any) of the law of the State or Territory in which the person resides that the person must meet in order to be permitted, under the law of that State or Territory, to provide family care in that State or Territory; and

             (b)    the person meets the requirements (if any) of the law of the State or Territory in which the person resides that the person must meet in order to be permitted, under the law of that State or Territory, to be in receipt of child care support payment as a family carer in that State or Territory; and

             (c)    the person is taken, in accordance with guidelines made under subsection (2), to be actively involved in providing family care in that State or Territory.

        (2)    The Secretary may, by legislative instrument, make guidelines setting out the circumstances in which persons are taken, for the purposes of the social security law, to be actively involved in providing family care in that State or Territory.

During my contribution in the second reading debate, I articulated the reasons why I think this amendment giving an exemption to family carers is particularly important. I will highlight those very briefly again. I appreciate that Senator Adams addressed the issue of family carers but, while I acknowledge that some attempt has been made to address these issues, I do not think the measures the government has taken adequately protect family carers. I do not believe this bill gives them the same protection that foster carers have. Because of the difficulties that I have explained previously about family carers not being registered and different states having different registers, the fact is that family carers are different from foster carers.

In the second reading debate, I also went through the history of how this issue had developed. I said how extremely pleased I was that the government had moved to exempt foster carers from this legislation. And I believe I gave very compelling evidence about the number of children who are affected by these changes but not protected under the foster carer provisions because they are in family care and family carers are not adequately protected under this legislation.

I believe the amendment I have moved is essential to give proper and due protection to family carers and the nearly 9½ thousand children in family care. I reiterate that these are the children who are placed in family care. I believe that there are probably nearly as many children in informal family care as there are placed in formal family care. This is particularly so in Aboriginal communities—and I articulated the number of children in Aboriginal communities who are in family or kinship care. The figures that I was talking about are for those who are formally placed in family and kinship care. Once again, I believe that the actual numbers are probably far greater. These people who are providing family and kinship care to children need all the support that we as a community and this government can provide, to ensure that these children grow up to be fully functioning members of our community.

I beseech senators to look into their hearts and support this amendment so that we give family carers every encouragement we can to ensure that their task of looking after these children is easier. These are the children of Australia who are in crisis, who are suffering trauma and who have in many cases, unfortunately, been subject to abuse, which is why they are in family or kinship care. We should take every step and make every effort and every endeavour possible to make their lives even one little bit easier.