We have summarised our feedback on the Children and Young Person (Safety and Support) Bill 2024 (the draft Bill) into three sections:

1. The CF&KC-SA proposed amendments and an analysis against the Bill
2. Previously proposed amendments we submitted which need to be adopted into the legislation; and
3. Additional matters for inclusion and/or consideration

Our submission document is available to read here

As the peak, CF&KC-SA is deeply committed to advocating for the needs and rights of carers and the children they support. We appreciate the government’s efforts in seeking input into the final form of the Bill and look forward to contributing to a system that better serves South Australia's family based carers, and the children and young people in their care.

If you have any queries, please contact our team via email to:
support@cfc-sa.org.au

August 2024

On Tuesday 13th August 2024 at 11:30am, CF&KC-SA met with The Hon. Katrine Hildyard and was presented a copy of the Children and Young People (Safety and Support) Bill, one of the first to be presented with the document.

It is evident that consideration was given to material provided by the peak body through consultation in drafting this important Bill as it clearly and meaningfully considers the needs of children and young people in decisions that relate to their care and protection across all jurisdictions.  The draft legislation focusses on placement stability for young people and carers, and both transforms and embeds the voice of carers and the voice of children and young people.

The Bill is comprehensive and we are pleased to see the majority of CF&KC-SA’s recommendations and advocacy efforts were not only considered, but included.

Background

CF&KC-SA provided a submission to government regarding the review of the Children and Young People (Safety) Act 2017, outlining 12 proposed amendments to further embed the carer voice into legislation, increase placement stability and support for children and young people in family based care.

In 2022 CF&KC-SA lobbied parliamentarians prior to the state election, identifying 7 election asks with 2 identifying a whole of government approach toward addressing the needs of young people under guardianship and the urgent need to amend the CYPS Act to include procedural fairness and care concerns as a prescribed function.

Draft bill highlights

Care Concerns

As the peak, we have lobbied relentlessly for Care Concerns to be included in the legislation, requesting Care Concerns be included as a reviewable decision, embedding the principles of natural justice and procedural fairness into the legislation.

We are pleased to read the Care Concerns process is included in the Bill, now known as Quality of Care Reports, with Guidelines to be developed, outlining the ways in which procedural fairness are to be afforded in relation to a report made.

Whole of Government Approach

We welcome the requirement for a whole of government approach (our election asks) to ensure all departments work together for the best outcomes for young people in care. As such, this will include new provisions to support a public health approach to child protection, including the power to direct Chief Executives of prescribed State authorities (Health, Education, Human Services) to enable an interagency support response. We are thrilled to read the development of a State Strategy for children and young people, which we look forward to participating in.

Statement of Commitment

The Statement of Commitment with foster and kinship carers is enshrined in legislation, a Statement that CF&KC-SA spearheaded with the government and lobbied for its inclusion in legislation.

Reviewable Decisions

We asked for a simple chart to be included in the Act setting out what is, and what is not a reviewable decision, which is now a standalone section in Schedule 1 of the legislation.

Carers to be heard in Court

Approved Carers will be provided the opportunities to be heard in Court, strengthening carer rights to participate in decision making regarding their young person, and prescribes an independent complaints pathway to the Health & Community Services Complaints Commissioner.

Where to from here?

Carers will have opportunities to provide feedback on the draft legislation. The Bill is accessible via the YourSAy website and open for consultation for a four week timeframe. Carers are highly encouraged to access the Bill and supply feedback by way of either participating in the online survey on the YourSAy website, or attending one of the DCP information sessions held in metropolitan and regional South Australia - click here for session dates

CF&KC-SA looks forward to hosting a session with the Minister for carers to attend and hear the legislation discussed.

The peak body will assemble a subcommittee consisting of SA legal practitioners, Board and staff to analyse the draft Bill and supply additional constructive feedback to the Minister.

A fast passage through Parliament is vital given the lengthy time taken to produce this comprehensive Bill. The peak believes all the progressive amendments will need to be supported by strong policy foundations, in which we expect to be thoroughly consulted on in the very near future.

March 2023

The State Government has released the report of the review of the Children and Young People (Safety) Act 2017.

Click here to read the report

Click here to read the CF&KC-SA submission to this Review