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Legislative Assembly for the ACT: 1996 Week 11 Hansard (26 September) . . Page.. 3669 ..

PRESENTATION SPEECH

Mr Speaker, this Bill amends the Children's Services Act 1986 in order to emphasise the paramount importance of the best interests of children in the application of the Act.

These amendments seek to enhance the protection of children under the Children's Services Act 1986 by clarifying ambiguities which have arisen in recent times. Whilst the amendments proposed partially clarify ambiguities a more complex review of the Act is currently being undertaken by officers of my Department and the Attorney General's Department. This review will further enhance the application of the Act for the protection of children.

Recent amendments to the Family Law Act 1975 (Commonwealth) effected by the Family Law Reform Act 1995 (Commonwealth) have given rise to various changes to the approach adopted by the Family Court in relation to matters concerning children. That approach essentially reinforces the best interests of the child as the paramount consideration. The amendments proposed are consistent with that approach.

It is considered that the Act as it stands at present does not clearly express the best interests criterion. It allows various interpretations which can impede the effective application of the Act for the protection of children. The amendments proposed seek to enhance the application of Section 5, by stating in unambiguous terms, that the best interests of the child are paramount and will therefore provide consistent guidance in the application of the Act in its entirety.

The consequential amendment to sub section 83(3) of the Act, becomes necessary to avoid any confusion arising from the reference to best interests of the child presently

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