Care and Protection of Children Act 2007

Agenda 1.Background - Review of the Community Welfare Act 2.Implications from Board of Inquiry Recommendations 3.Overview and Key Provisions 4.Implementation Strategy

1.Background  Cabinet decision to review the NT Community Welfare Act - December 02  3 phases of consultation between July 03 and February 05 including draft Bill.  Independent assessment from Prof Dorothy Scott - December 05  Inquiry into Sexual Abuse of Aboriginal Children commenced – August 06  Inquiry Report received – May 07

The Board implied endorsement for the draft legislation In particular the Board made specific recommendations to implement or extend the following new provisions: –Child Related Employment Screening –Children’s Commissioner –Child Death Review and Prevention Committee 2. Implications from Board of Inquiry Recommendations

3. Overview and Key Provisions The new legislation offers a more comprehensive approach to the protection and prevention of harm to children. Key differences to the current Act:  strengthening of provisions to support families to care for their children;  extends support for young people leaving the care;  gives powers to move a child to a safe place;

Overview-  powers under the Act are vested in the CEO not the Minister;  introduces a screening system for child-related employment;  broadens the scope of regulated children's services;  provides for establishment of Review Teams to examine the operations of the child protection and care system, and a committee to review child deaths;  introduces guiding principles to assist interpretation and implementation;  provides for the establishment of a Children's Commissioner;

Overview-  maintains universal mandatory reporting of suspected child abuse and neglect by a parent, but extends responsibility to providers of child related services to ensure staff are trained and know about their reporting responsibilities;  maintains the Aboriginal Child Placement Principle; and  maintains provisions about the safe employment of children.

Statutory Child Protection Activity  The Act allows for a broader range of responses to reports about a child believed to be suffering harm or in need of protection or where there is concern about a child’s well being:  Make Inquiries and Conduct Investigations  Coordinate Assistance and Arrange a Mediation Conference  Take the Child into Provisional Protection or Temporary Custody  Apply for an Assessment and/or Protection Order  Place Children, Monitor and Review their Care

Providing Information and Moving Children to a Safe Place  The Act makes it clear that service providers must give information to FACS or Police when they are conducting inquiries or investigations.  The act makes it clear FACS has the ability to share information with NGOs and other Govt agencies involved with a child or family – where it supports the protection of the child.  Gives new powers to Police and Authorised Officers to move a child to a safe place.  Gives new powers of restraint, search and seizure.

Children in Care and Court Processes  The Act puts some current policy requirements and best practice standards into legislation (eg mediation, case planning).  Maintains the Family Matters Court.  Makes it an offence to publish Family Matters Court outcomes or proceedings.

Review Teams Review Teams are to be established to review the operation of services under Part 2 (the child protection and care provisions) They can make recommendations to the CEO and monitor the implementation of those recommendations The membership of the Team is defined in the Act Review teams are an accountability measure for the CP system

Young People Leaving Care  Currently support to a young person who has been in the Guardianship of the Minster ceases when the child turns 18.  The Act extends an offer of support to a young person who is leaving care up till the age of 25.

Screening for child related employment The Act makes provisions in relation to:  Range and Scope of Employment  Obligations of the Employee  Obligations of the Employer  Clearance by the Screening Authority

Range and Scope  Categories of Child Related Employment are defined in the Act  Employment arrangements include:  acting under contract,  being a member of a board of management  a volunteer of an organisation or services that performs child related activities  Parents volunteering for a group where their child is a member are excluded (provided no overnight stays)  Contact with children includes physical, verbal, written or communication through electronic means such as telephone or Internet.

Obligations of the Employee  Employees must acquire a ‘clearance notice’ to be shown to an employer  The employee must renew the notice every two years  The employee must also inform the employer and the Screening Authority of any changes to their criminal history which would make them unsuitable

Obligations of the Employer  Employers must check suitability notice prior to employment  In particular circumstances the employer may make the application to the Screening Authority, with the consent of the employee  In exceptional circumstances the employer may also request to employ a person that has not been screened, as long as the person will be screened within a specified time frame

The Screening Authority  The Screening Authority will receive information, make the decision and inform the applicant whether or not they may enter into child related employment  Exemptions and appeals processes will exist  Generally assess on the basis of if the person poses a risk to children, but prescribed offences mean automatic exclusion (no clearance).

Screening Authority  The Authority will be auspiced by Police and will be known as SAFE- NT  SAFE-NT will conduct and assess all employment related criminal history checks in the NT  That fees for all criminal history checks will be the same:  $50 for employed persons  $5 for volunteers

Regulation of children’s services Children’s services are defined as:  Services provided to children less than 13 years and  away from the child’s usual place of residence and  provided by a person who has been given the responsibility to care for the child and  provided as an ongoing operation for more than 2 hours a week

Licensed Services The following children’s services are required to be licensed  child care centres & non-govt kindies  outside school hours care  agencies brokering home-based care ie family day care schemes, disability & education group homes, private home based child care agencies

Registered Services The following children’s services will have to register with a licensed operator or the Department:  An individual home based carer  The provider of short-term care provided in close proximity to parents eg créche at the gym  The provider of time-limited child care for a specific event under 5 days (eg child care at a conference)

Services under agreement Some children’s services in specified locations (predominantly remote areas) can operate if they have an agreement with the Department.  JET crèches  Child care centres  Outside School Hours Care

Exclusions The following types of services are excluded  Baby sitting  Nanny services  Tutoring services  Sunday school (if under 2 hrs a week)  Foster care  Preschool, Primary and High School education  Health services  Sport and recreation programs  ‘One family’ carers

 Independent statutory appointment for 5 years (renewable)  Role of Commissioner:  Investigate complaints made regarding services provided to a “protected child”  Monitor how services respond to Commissioner’s findings  Monitor this Act as it pertains to “protected children”  Monitor the implementation of government responses to the Sex Abuse Inquiry  Annual and other reports tabled in Legislative Assembly by the Minister Children’s Commissioner

 Research all child deaths from all causes  Maintain a database  Make recommendations re appropriate policy  Report provided to NT Govt and tabled in Parliament  10 –16 members, convened and supported by DHCS Child Death Review and Prevention Committee