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Legislative Assembly for the ACT: 2003 Week 6 Hansard (17 June) . . Page.. 1931 ..

MS GALLAGHER

This section requires the minister to review the operation of the act three years after the commencement of the section. The act commenced operation on 10 May 2000. The act is the responsibility of two ministers, the Attorney-General and myself. The Attorney-General is generally responsible for the establishment of the Children's Court, the procedures of this court, young offenders, dispositions, appeals and powers of search and entry.

I am responsible for all other sections of the act, including care and protection of children and young people, children's services and operational aspects of youth justice matters.

Given the breadth of responsibilities of the act, the Department of Justice and Community Safety and the Department of Education, Youth and Family Services undertook a review of the provisions within their responsibilities. Both departments have worked in conjunction with each other throughout this process. The Department of Education, Youth and Family Services convened a steering committee of key stakeholders to consider the operations of the act. The Department of Justice and Community Services consulted with key criminal justice stakeholders.

The review considered that the criminal justice and children's services aspect of the act were largely working effectively. The care and protection aspects of the act have achieved a process of change in the care and protection of children and young people in the ACT. The objectives of shared responsibilities, working to assist children and young people to remain with their families, decision making on behalf of children and young people to be determined in their best interest, and considering their views and wishes are important milestones achieved in the ACT.

The care and protection aspects of the legislation would benefit from further improvements, which are consistent with the objectives of the act and assist to enhance service provision to children, young people and their families. Consideration of the issues raised by key stakeholders in the community will further inform this process of change.

The key issues considered by stakeholders in the review were:

consideration of restorative justice concepts into the legislation;

strengthening the role of the legal representatives of children and young people before the Children's Court;

delays in finalisation of criminal proceedings;

clarity as to the structure, terminology and definitions used in the act;

the introduction of family group conferences of both voluntary and court option;

timeliness of emergency care and protection aspects of the act;

introduction of pre-natal reports to enable preventative assistance to families to be provided;

introduction of clear permanency planning provisions in the act;

accreditation of foster carers;

consideration of the need to continue therapeutic protection provisions in the legislation; and

legislative change to address other issues.

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