The Government’s new child abuse protection Bill has been criticised by lawyers, who say it ignores the Nyland Royal Commission’s findings
LAWYERS and welfare workers have condemned the State Government’s new child protection legislation, warning it ignores key recommendations of the Nyland Royal Commission.
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LAWYERS and welfare workers have condemned the State Government’s long-awaited new child protection legislation, warning that it ignores key recommendations of the Nyland Royal Commission.
The Law Society of SA, Anglicare SA and the SA Council of Social Service have all voiced concerns that the proposed new laws, introduced to Parliament this week, do not go far enough to protect children.
Law Society President Tony Rossi was disappointed that the Government’s Bill would give the chief executive of the Child Protection Department a choice about whether to order an assessment or investigation into a serious report about a child’s safety.
This was despite the Nyland Royal Commission “clearly” recommending that this “must” happen if a child was believed to be at risk of harm, Mr Rossi said.
“The failure of the Child Protection Department to investigate notifications about child abuse was central to why the Royal Commission was established,” he said.
“The purpose of this recommendation is to ensure that alarms raised about the welfare of children are actually followed up.”
SACOSS CEO Ross Womersley argued that the new Bill was “weaker” than the current law because it “effectively exempts the Minister” from many responsibilities.
Instead, the chief executive of the department would be ultimately responsible for actions such as early intervention and harm prevention, parental education programs and supporting the development of programs to prevent abuse in Aboriginal homes.
“We are extremely disappointed that, despite its consultation, the Government has failed to take heed of the great majority of recommendations made by an alliance of child advocates,” Mr Womersley said.
AnglicareSA CEO Peter Sandeman felt the Bill failed to make “crystal clear” that the child’s best interests were the key factor to consider.
“The decision to dilute the previous Act’s paramount consideration ‘to always keep children safe from harm’ to ‘so far as is reasonably practicable, protect from harm’ in the new legislation, weakens the overall intent and force of the legislation,” he said.
The Opposition has criticised the Government for “rushing” the Bill before Parliament without giving Liberal MPs a chance to consider changes made following public consultation.
Child Protection Reform Minister John Rau agreed that the Royal Commission “was clear that a complete rewrite of the legislation and change in culture is necessary” to put children first.
Mr Rau said the government’s Bill was “deliberately outcome orientated, rather than a prescriptive rule book behind the pages of which unaccountability can shelter.”