Page 4303 - Week 14 - Thursday, 24 October 1991
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Mr Speaker, in relation to this I am indebted to the assistance I received from Mr Mark O'Neill, the president of the National Association for the Prevention of Child Abuse. We spoke for about an hour-and-a-half to work out the best way of approaching this and the best possible way of framing it, and I think we have come up with what, in the circumstances, is the appropriate way to go.
I would preface what I say in relation to this clause by noting that sections 103 to 105 of the Children's Services Act have not yet been gazetted. I note what the Attorney-General says. I think Mr Collaery has made some comment, too, in relation to consideration still being given and decisions having to be made as to whether provisions for mandatory reporting of child abuse should go ahead or not. We accept that it is a complex question. I think the Liberal Party has a policy that that should be the case.
I appreciate that that still has to be gazetted. Accordingly, this amendment is put with the knowledge that, if it is passed, the other parts of the Act that relate to the reporting of child abuse, namely, sections 103 through to 105, have not yet been gazetted and may not be for some time. The reason for this particular amendment, however, is to make the system work when that part of the Act is gazetted. There have been big problems, in terms of instances of child abuse, with the Community Advocate simply not passing it on at all.
There need to be checks and balances in any system. In terms of problems in relation to the administration of this Act and certain parts of it, certainly in relation to the question of child abuse, there is a council which comprises the Youth Advocate, among other people, the police and other government officials. When problems come before them they look at matters in relation to individuals on a case by case basis. In the normal course of events - it would be envisaged by this Act, as I read it - they would consider the question of child abuse and, according to the circumstances, what action should be taken, including, of course, any necessary prosecution action.
I would concede that there probably would be instances where, for various reasons, prosecution action might not be sensible. Those situations may well arise and that is something this particular committee would need to look at. However, for the committee to do its job it is important that it have the individual cases on the table for it to decide.
Because of problems with matters not being passed on at present simply because it is up to the Youth Advocate - he or she is notified and then he or she has to do something - I think it is important to have this additional step of having a formal requirement that the Community Advocate, on being notified under subsection (2) of section 103, should also inform the Commissioner of Police. You then have two
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