Zed Seselja (ACT, Liberal Party, Assistant Minister for Social Services and Multicultural Affairs) Share this | Hansard source

I present the government's response to the report of the Community Affairs References Committee on its inquiry into out-of-home care. I seek leave to incorporate the document in Hansard.

Leave granted.

The document read as follows—

Australian Government response to the Commonwealth Government Response to the Senate Community Affairs References Committee Report: Out-of-home care

Foreword

On 17 July 2014, the Senate referred the matter of out-of-home care to the Community Affairs References Committee (the Committee) for inquiry and report.

On 19 August 2015, the Final Report (the Report) of the Committee's Inquiry into Out-of-Home care (the Inquiry) was tabled in Parliament.

The Commonwealth Government welcomes the Report and the Committee's recommendations.

While state and territory governments have statutory responsibility for child protection and out-of-home care, the safety and wellbeing of all Australian children, including those in out-of-home care, remains a national priority.

The Commonwealth Government works in partnership with state and territory governments and the community sector under the National Framework for Protecting Australia's Children 2009-2020 (National Framework) to improve child safety and wellbeing, with a strong emphasis on improving outcomes and providing support for children and young people in care.

The National Framework was endorsed by the Council of Australian Governments (COAG) in 2009 with the objective of improving the wellbeing and safety of Australia's children through joint action by the Commonwealth, state and territory governments and non-government organisations.

The National Framework is delivered through a series of three year action plans aimed at achieving a substantial and sustained reduction in child abuse and neglect over time.

The National Framework's Third Action Plan 2015-18 focuses efforts on areas where national leadership and collaboration can make a contribution to resolving specific issues affecting the safety and wellbeing of children and young people. Accordingly, the National Framework and its action plans are not intended to direct action at the tertiary end of the child protection system, or to be an inter-governmental vehicle for progressing agreement in areas of law or policy, or a means to address all issues affecting children and young people.

As a COAG initiative, the National Framework was initially governed by the Standing Council on Community and Disability Services (SCCDS) consisting of Community and Disability Services Ministers. The governance arrangements for the National Framework were changed following a COAG decision on 13 December 2013 to streamline its Council system from 22 Councils to eight focused on its highest priorities.

Following the cessation of the SCCDS as a COAG Council, the then Prime Minister, the Hon Tony Abbott MP, advised the Chair of the former SCCDS that Commonwealth and state and territory portfolio Ministers could continue to engage on an ad hoc basis on matters of national significance and to progress important policy work. Accordingly, the National Framework is now governed though the Commonwealth, State and Territory Community Services Ministers. Community Services Ministers are supported by:

This document represents the Commonwealth Government's response to the recommendations of the Inquiry, noting that the response to those recommendations directed at the National Framework have been developed in consultation with the Children and Families Secretaries group and all state and territory governments.

There were 39 whole of Committee agreed recommendations in total, and two additional recommendations from Coalition Senators. The response to these recommendations is categorised as follows:

The Commonwealth Government's response to the recommendations directed at the Third Action Plan recognises the tripartite partnership arrangement of the National Framework focused on a limited number of achievable actions. The Third Action Plan places a strong emphasis on prevention and early intervention and targeting assistance to those communities that have most contact with the child protection system.

For those recommendations directed at COAG, the Commonwealth Government's response reflects the support role of the Children and Families Secretaries group to Commonwealth, state and territory ministers. This joint commitment does not change the fundamental responsibilities of the different levels of government. The Commonwealth Government will bring the Report to the attention of state and territory governments through the Children and Families Secretaries group.

The Commonwealth Government response to the recommendations calling for a national approach to out-of-home care with regards to adoption and permanency acknowledges the recent jurisdictional reforms to provide improved certainty, stability and timeliness of permanent placements for children in out-of-home care. The Commonwealth is working with jurisdictions to continue these improvements, and supports national collaboration on this important issue to ensure that all children across Australia have access to a safe, secure and stable environment.

Recommendations directed at COAG regarding the National Framework and its Third Action Plan

The Commonwealth Government notes the above recommendations.

The National Framework is a structure to guide collaboration among Commonwealth Government jurisdictions and the non-government sector on activities designed to keep Australia's children and young people safe and well. Through a tripartite partnership arrangement involving the Commonwealth, state and territory governments and the non-government services sector, it identifies and progresses areas of common interest, where there is consensus among parties that action is required and as to the appropriate way forward.

Work under the National Framework is guided by three-year action plans, which are necessarily focused on a limited number of achievable actions in areas ripe for reform. It recognises that children and young people are supported by a number of interlocking systems, including health, education and justice. However, it focuses efforts on areas where national leadership can make a contribution to specific issues affecting the safety of children.

The National Framework is not:

The Third Action Plan was developed under the tripartite agreement, with all parties represented on the National Forum. The non-government sector is represented by the Coalition of Organisations Committed to the Safety and Wellbeing of Australia's Children (the NGO Coalition) which consists of over 160 non-government organisations.

The National Forum held a series of consultations with stakeholders on the development of the Third Action Plan 2015-2018 between March and June 2015. Seventeen consultations were held across the country, including a session with Aboriginal and Torres Strait Islander people and representatives from Aboriginal and Torres Strait Islander organisations, as well as sessions with children and young people. Additional consultations were held with people and families living with disability and representatives from the culturally and linguistically diverse community. The consultations were attended by over 300 participants and included representatives from peak organisations, service providers, researchers, children and young people. The Department of Social Services (DSS) also received 27 written submissions in response to its discussion paper. The feedback from consultations and written submissions formed the basis of the Third Action Plan which was developed and agreed through the National Forum.

The development of the Third Action Plan took into account the findings of the Senate Community Affairs Reference Committee Inquiry into Out-of-Home Care (the Report). It was recognised that whilst many of the recommendations in the Report are for action of state and territory governments as they have statutory responsibility for child protection, many of the recommendations are supported by activities more broadly within the National Framework. This includes a commitment under the Third Action Plan to examine how to continue the full implementation of the existing National Standards for Out-of-Home Care.

The Third Action Plan was released on 9 December 2015 by the Minister for Social Services, the Hon Christian Porter MP, following endorsement by state and territory ministers. The focus of the Third Action Plan is to identify and implement early intervention and prevention strategies that require joint action by Commonwealth, state and territory governments and the community sector. The Third Action Plan focuses on three strategies:

Strategy 1: Early intervention with a focus on the early years, particularly the first 1000 days for a child.

Strategy 2: Helping young people in out-of-home care to thrive in adulthood.

Strategy 3: Organisations responding better to children and young people to keep them safe.

Third Action Plan Strategies

The three overarching strategies and two cross-cutting focus areas that form the basis of the Third Action Plan have been endorsed by all stakeholders as having national significance and requiring prioritised effort to improve the wellbeing of children and young people.

Actions under Strategy 1: Early intervention with a focus on the early years, particularly the first 1000 days for a child, has a particular focus on Aboriginal and Torres Strait Islander children and young people, and families dealing with multiple issues including mental health issues, alcohol and other drug misuse, or family and domestic violence.

In the 2016-17 Budget, the Commonwealth Government allocated $1.23 million over four years to the implementation of the Building Capacity in Australian Parents trial. The Building Capacity in Australian Parents trial will work to build parenting skills in the first 1,000 days of a child's life. It will focus on vulnerable families where parents have mental health issues, are in jail, or face significant disadvantage. Under the trial, a local area coordinator will improve the coordination of support services for parents and train service staff to help new parents become more effective in their parenting role.

The Third Action Plan will bring a renewed focus on Aboriginal and Torres Strait Islander children, families and communities aimed at reducing the overrepresentation of Aboriginal and Torres Strait Islander children and young people needing child protection services. All parties to the National Framework recognise the importance of ensuring that children and young people in out-of-home care remain connected with their family, community and culture. Under the Third Action Plan all jurisdictions committed to continuing to fully implement the Aboriginal and Torres Strait Islander Child Placement Principle.

A new commitment under the Third Action Plan is agreement to adopt a broader definition of the Aboriginal and Torres Strait Islander Child Placement Principle. The intention is to ensure that the five domains of the Aboriginal and Torres Strait Islander Child Placement Principle (prevention, partnership, placement, participation and connection) are applied to the implementation of all strategies and actions identified in the Third Action Plan.

The Third Action Plan Strategy 2: Helping young people in out-of-home care to thrive into adulthood is of relevance to the issues raised in the Report. This strategy recognises that research consistently points to the poor social and economic outcomes for many young people in out-of-home care.

This strategy seeks to provide intensive support and priority access to key services, including housing, to assist these young people transition well into adulthood. It will explore data sharing links between Commonwealth and state and territory governments to inform policy development, better tailor services and drive innovation in service delivery for young people leaving care.

In the 2016-17 Budget, $3.87 million was provided to fund the Towards Independent Adulthood (TIA) Trial to be delivered under Strategy 2 of the Third Action Plan of the National Framework. The aim of the trial is to increase the wellbeing and future economic and social outcomes of young people transitioning out of care and reduce the likelihood of their reliance on welfare later in life.

The Trial will deliver intensive mentoring and targeted supports over three years to up to 80 young people aged 16 years, as they transition from formal care to adulthood.

The TIA Trial is due to commence in mid-2017 and conclude mid-2020. The Trial will be independently evaluated, with the findings to be available to state and territory governments to guide future interventions for young people.

Strategy 2 also includes examining 2014 reforms to the Transition to Independent Living Allowance (TILA) to ensure that it reaches to those who need it most. In April 2016, DSS published its 2015, Review of the Transition to Independent Living Allowance. DSS implemented the majority of the recommendations of the review including improving communications, simplifying administration and driving demand for TILA. DSS streamlined administration by removing the first step of the two-step application. Case workers have been able to make one TILA application directly to the Unified Government Gateway (UGG) where previously caseworkers first applied to the DSS TILA Office for approval. This has reduced red-tape and has increased the speed of payment to recipients by a minimum of one to three business days. DSS implemented a communication plan by producing guides for caseworkers and young people on how to apply for TILA and providing accurate web content for state and territory departments and non-government organisations.

The work under Strategy 2 also includes an evaluation of policies and legislation in each jurisdiction that relate to transitioning young people from 00HC into adulthood with a view to identify a possible national approach to extend supports for young people in OOHC beyond the age of 18 years.

The actions under Strategy 2 include working closely with young people, encouraging participation in decision-making processes and ensuring their needs are met. By extending access to services, the Commonwealth seeks to improve health, education, employment and housing outcomes for young people transitioning from care.

Strategy 3: Organisations responding better to children and young people to keep them safe will provide a more comprehensive and cohesive national approach to strengthening the capacity of organisations and systems to increase child safety and facilitate information exchange between services. Cultural awareness will be an important component of all child safe organisation approaches under the Third Action Plan to ensure activities respect diversity in cultures and child rearing practices and help to foster cultural competency within the organisations. It will reduce the risk of a child being harmed and foster environments that empower children and young people to speak up, and recognise and appropriately respond to threats to children. This strategy will also consider the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse (the Royal Commission) and actions to support these findings.

Actions under Strategy 3 include the review of the 2005 National Framework for Creating Safe Environments for Children-Organisations, Employees and Volunteers (2005 Child Safe Framework) to take into account the work of the Royal Commission and current child safe standards, reforms and resources across government and non-government organisations. On 11 November 2016, Community Services Ministers from all jurisdictions, including the Commonwealth, agreed to the development of a National Statement of Principles for Child Safe Organisations (the National Statement of Principles), to be endorsed by COAG. This Strategy 3 work will now be part of work on the National Statement of Principles.

Drawing from the Royal Commission, the National Statement of Principles will drive implementation of a child safe culture across all sectors to ensure the safety and wellbeing of children and young people across Australia and be used to support cross-sectoral jurisdictional child safety policy making, funding and investment decisions and legislation and compliance regimes.

Given the extent and scope of work, Community Services Ministers agreed to a phased approach for the development of the National Statement of Principles over an 18 month period for COAG endorsement in mid-2018. This work will be further supported through a national cross-sector engagement process, development of child safe organisation resources and a communication strategy.

Further actions under Strategy 3 include examination of the effectiveness of existing practices and identification of barriers and opportunities to improve information exchange between government and non-government organisations and other key stakeholders to support child safety and wellbeing.

Sharing information nationally is one of five challenges announced by the Minister of Industry, Science and Innovation, on Wednesday 17 August 2016 as part of the Department of Industry, Science and Innovation's Business Research and Innovation Initiative. This challenge is asking small to medium enterprises (SMEs) to develop a digital solution that supports state and territory child protection agencies to share information across borders in order to better identify and understand potential risks to children.

Successful applicants were announced by the Minister of Industry, Science and Innovation on 14 March 2017, and the feasibility study is expected to be completed by mid-2017.

Improved Governance and Accountability Mechanisms

The National Framework is a structure to guide collaboration and implementation among government and non-government sectors; connect related major initiatives; and support funding initiatives. The Third Action Plan includes improved governance and accountability mechanisms and linkages with relevant frameworks.

The National Framework has cooperative and flexible governance arrangements to support the Committee's recommendation. Current arrangements transcend government and non-government boundaries to achieve the aims of the National Framework.

The Children and Families Secretaries group consists of senior officials from relevant government departments and will support Ministers to implement the National Framework including the Third Action Plan. It will ensure whole of government involvement with the National Framework by engaging and partnering with departmental colleagues within jurisdictions and at a national level.

Commonwealth, state and territory ministers for portfolios such as family, community, disability, children and young people, child protection and social welfare are responsible for agreeing to the national strategies and actions and will oversee the progress and overall direction of the National Framework.

Under the Third Action Plan there is work currently underway to link the implementation of actions with activities under the National Plan to Reduce Violence Against Women and their Children 2010-2022.

The Commonwealth contributes funding each year to support the actions under the National Framework.

Voices of Children and Young People

The Third Action Plan has a strong commitment to engaging with young people and children to ensure their views are considered in the implementation of the Third Action Plan.

The National Children's Commissioner was established under the First Action Plan of the National Framework. The role of the National Children's Commissioner includes continuing to support education initiatives to improve awareness amongst the broader community of children's rights.

The National Children's Commissioner will facilitate consultation with children and young people on issues identified by the National Forum and, in collaboration with state and territory Children's Commissioners and Guardian.

The Commonwealth has provided funding to the CREATE Foundation to conduct focus groups on topics relating to the strategies and actions under the plan. The CREATE Foundation and the National Children's Commissioner will convene the sessions, liaising with state and territory Children's Commissioners and Guardians, peak bodies and other non-government organisations.

Early intervention and Prevention Focus

The National Framework's early intervention and prevention aim is specifically highlighted in the Third Action Plan through actions under Strategy 1: Early intervention with a focus on the early, years particularly the first 1000 days for a child.

Areas of action under this strategy include improving access to evidence-based family support services by examining, developing and trialling best practice place-based models of service delivery, particularly to better meet the needs of vulnerable expectant parents and the parents of young children. There is also an action to implement joined up responses for families with young children, across agencies and sectors, with a focus on Aboriginal and Torres Strait Islander communities. This will include supporting the integration of child care, maternal and child health, and family support services in a number of disadvantaged Aboriginal and Torres Strait Islander Communities through the Community Child Care Fund.

The implementation of the Third Action Plan will prioritise efforts on prevention and early intervention and highlight action on critical areas of children's wellbeing, including children living with a disability.

Aboriginal and Torres Strait Islander Children and Young People

Specific and sustained attention will be paid to improving the way we work with Aboriginal and Torres Strait Islander families and communities to ensure a central voice and address underlying factors, aimed at reducing the overrepresentation of Aboriginal and Torres Strait Islander children and young people interacting with child protection services. This will include collaboration with, and support for, Aboriginal and Torres Strait Islander community controlled organisations.

All parties to the National Framework recognise the importance of ensuring that children and young people in out-of-home care remain connected with their family, community and culture. All jurisdictions are committed to continuing to fully implement the Aboriginal and Torres Strait Islander Child Placement Principle with regard to children and young people who come into contact with the child protection system. A new commitment under the Third Action Plan is agreement to adopt a broader definition of the Aboriginal and Torres Strait Islander Child Placement Principle. The intention is to ensure that the five domains of the Aboriginal and Torres Strait Islander Child Placement Principle (prevention, partnership, placement, participation and connection) are applied to the implementation of all strategies and actions identified in the Third Action Plan.

Unaccompanied Humanitarian Minors

The Commonwealth Government agrees in principle with this recommendation.

The Commonwealth has statutory responsibility for Unaccompanied Humanitarian Minors (UHM), for whom the Minister of Immigration and Border Protection is the legal guardian.

Unaccompanied Humanitarian Minors Program

The Commonwealth Government currently works with state and territory governments through the Department of Immigration and Border Protection's UHM Program to support UHMs and their families to this end.

The UHM Program facilitates the provision of relevant care, accommodation, supervision and support services to certain unaccompanied minors who have been granted a visa under Australia's offshore Humanitarian Program, or granted a Protection Visa in Australia. The UHM Program has been providing support to unaccompanied refugee children in Australia for over 40 years and, while numbers fluctuate, the Program is currently delivering care and support services to over 200 unaccompanied refugee children, as young as five years old.

The UHM Program is based on principles similar to out-of-home care, utilising the experience of State/Territory Government Child Welfare Authorities (SCWAs) as well as child welfare specialists and experienced carers from non-government organisations (NGOs).

UHMs supported by SCWAs most commonly live in the community with either an adult relative, an assessed and approved unrelated adult caregiver, or an adult caregiver who has customarily adopted the child in their country of origin. Young people of an appropriate age, maturity and independence are also supported in independent living. Further, a small number are placed with caregivers who are specifically recruited, assessed and approved by the state for the purpose of caring for UHMs.

In the context of contracted services, the UHM Program delivers the following services:

Where a UHM's care arrangement irretrievably breaks down, through its partnerships with SCWAs, the Department of Immigration and Border Protection can facilitate a small number of placements in out-of-home care arrangements. These may include placement with an approved family or state-accredited foster family. if it is in the minor's best interests, the Department of Immigration and Border Protection will support the UHM's care and welfare through a residential care placement with a Department of Immigration and Border Protection-contracted service provider.

Also, in the case of UHMs who are strictly unaccompanied, where it is in their best interests the Department of Immigration and Border Protection will work with child welfare authorities and relevant NGOs and community groups to look for alternative long-term placement options for the minor, including foster care, adoption or a family law order.

Transition to Independent Living Allowance

Unaccompanied Humanitarian Minors are eligible for the Transition to Independent Living Allowance (TILA). TILA is an allowance of up to $1,500 per person designed to help young people exiting formal care make a successful transition to independent living by helping meet some of the costs associated with housing, employment or study.

The Commonwealth Government would welcome the opportunity to continue to enhance the support arrangements for UHMs and international kinship care placements, together with SCWA, and NGO partners.

Commonwealth Government ' s response to other recommendations directed at COAG

The Commonwealth Government notes these recommendations involve various Commonwealth and state and territory government agencies with specific policy and program responsibilities. The Commonwealth Government will bring the Report to the attention of state and territory governments through the Children and Families Secretaries group. The Children and Families Secretaries group comprises heads of Commonwealth and state and territory departments responsible for children and families.

Commonwealth Government ' s response to recommendations directed at state and territory governments

The Commonwealth Government notes these recommendations and acknowledges that these recommendations are for the consideration of the state and territory governments.

Commonwealth Government ' s response to recommendations calling for national approach to Permanency /Adoption

The Commonwealth Government supports these recommendations in principle, and recognises that children under long-term care should have the opportunity for permanency, including adoption and guardianship orders, where appropriate and in the best interests of the child.

The Commonwealth Government notes that approaches around local adoption arrangements within the culturally and linguistically diverse (CALD) community that may affect unaccompanied minors and UHMs, including those who fall under the auspices of the Immigration (Guardianship of Children) Act 14 1946 (IGOC Act), and for whom the Minister of Immigration and Border Protection is the legal guardian, is of a particular interest for the Commonwealth.

The Commonwealth Government acknowledges that the issue of permanency planning is best dealt with by Commonwealth, state and territory ministers with portfolio responsibility for child protection, children and families. In April 2016, the Children and Families Secretaries group agreed that the Commonwealth and Victoria jointly lead work on identifying factors common across jurisdictions that support more effective approaches to achieving permanency and for a working group to be established to progress work on permanency.

The Commonwealth Government acknowledges approaches to permanency for Aboriginal and Torres Strait Islander children in out-of-home care will need to be considered separately and carefully, given the additional challenges faced by some disadvantaged Indigenous communities and historical policies of removal.

Outcomes achieved through the Permanency Reform Working Group will be discussed at future meetings of the Children and Families Secretaries group and meetings of the Community Services Ministers.

Commonwealth Government ' s response to recommendations directed at Commonwealth

Data projects

The Commonwealth Government notes these recommendations align closely with areas already identified by the Australian Institute of Health and Welfare (AIHW) as priorities for further development, and AIHW is continuing to consult with state and territory data providers on how to enhance the Child Protection National Minimum Data Set (CP NMDS) in these areas.

Existing governance arrangements for data management

The CP NMDS consists of data extracted from state and territory child protection administrative data sets according to nationally agreed definitions and technical specifications. The AIHW then uses these data to report statistics on children and young people under child protection, including those in out-of-home care, in the Child Protection Australia report series and associated products. The AIHW is funded by state and territory departments responsible for child protection services to both collate and report CP NMDS data.

The CP NMDS work program is overseen by the Children and Families Data Network (CAFD