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Legislative Assembly for the ACT: 1999 Week 11 Hansard (19 October) . . Page.. 3306 ..

MR STEFANIAK (continuing):

One further thing I would mention is the result of the inquiry by the Standing Committee on Justice and Community Safety. Mr Osborne's committee had some concerns in relation to clauses 11, 12, 13 and 14. In relation to clauses 11 and 12, the main criteria in legislation of this type are about the rights of the child. That is an issue of fundamental importance. In terms of indigenous young people, clauses 13 and 14 are very applicable, too. They list what it is desirable to do for indigenous young people who have problems and need to leave their immediate family. They set out a number of steps to be taken there.

Quite clearly, the situation may well arise where it is not possible to find indigenous carers. It may well be that the best interests of the child or young person, which should be of paramount consideration, do not necessarily rest with indigenous foster carers as they are simply not available. It might be that the best interests of the child would be served if the child actually had to go and reside with a non-indigenous carer. That is recognised by the Government. That is something on which I wrote back to Mr Osborne's committee.

Perhaps the best way of incorporating that in my comments here is by tabling Scrutiny Report No. 12 of 1999 of the Standing Committee on Justice and Community Safety performing the duties of a scrutiny of Bills committee, including my letter dated 5 October 1999 to Mr Osborne's committee and the comments made by his committee in relation to that. But I would reiterate that, if an appropriate indigenous foster placement were not available, then a non-indigenous one would have to apply there if that was in the best interests of the child. Practicalities are essential here.

As Ms Tucker indicates, clauses 13 and 14 very much take into account the recommendations of the Bringing Them Home report, which this scrutiny report also lists in detail. I make those comments because Mr Osborne did express a concern about that.

MR SPEAKER: It has been tabled already, Mr Minister.

MR STEFANIAK: That is fine. I have referred to those comments in my speech, Mr Speaker. At this point I will close the debate at the in-principle stage. Obviously, I will have more comments to make in relation to the amendments.

At 5.00 pm the debate was interrupted in accordance with standing order 34; the motion for the adjournment of the Assembly having been put and negatived, the debate was resumed.

Question resolved in the affirmative.

Bill agreed to in principle.

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