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Legislative Assembly for the ACT: 2004 Week 01 Hansard (Tuesday, 10 February 2004) . . Page.. 22 ..


There was no recommendation in relation to non-compliance under section 162 (2). The only recommendation in that area related to the inclusion of the requirements of meeting statutory obligations within performance contracts of executives within the department. The government noted that recommendation because the issue falls within the public sector portfolio and relates directly to the matter of performance contracts for senior staff. In hindsight, I should have picked up on that issue earlier, as should have staff within my office. That is an area in which I should have done better.

However, I have never walked away from my ministerial responsibility. The minute I was directly informed of this breach by the department I put in place measures to rectify the situation. I have treated my responsibilities with the utmost importance. I have put in place a plan not only to fix systemic failures but also to map out a plan for the future. That is my job. I assure all members that I take it seriously.

The government’s continuing response to this issue leads me to another related matter. On 11 December, before I was informed directly by the department of its failure to comply with the legislation, I also tabled the government’s response to the Standing Committee on Community Services and Social Equity. Once this new information was brought to my attention, it was immediately apparent that the government’s response did not, and could not, address all the serious issues contained in the committee’s report and that the government’s response had to be revised. The failure of essential parts of the administrative structure to address the needs of these children at risk was not addressed in the government’s response as well as it should have been.

The government will be reviewing its response in light of recent developments and in light of the continuing independent review that is being headed by Commissioner Vardon. That will result in a supplementary response to the report of the committee being tabled at the earliest opportunity. This government will continue to act on issues as they come to light, but it will also ensure that its commitment to the care and protection of children and young people is accurately reflected on the public record. I take committee reports seriously. I apologise to members of the Standing Committee on Community Services and Social Equity for having to provide a supplementary response.

I turn now to the decisions that the government made last Friday with regard to the chief executive and the executive director, family services, of the Department of Education, Youth and Family Services. On Friday, 6 February 2004, Commissioner Vardon provided the Chief Minister and me with correspondence pertaining to initial concerns arising from her inquiries. For the information of members, I will table the commissioner’s correspondence and an attachment from Ms Gwenn Murray. I present the following paper:

Children and Young People Act—Copy of letter to Ms Gallagher from Cheryl Vardon, Commissioner for Public Administration—Review of the Safety of Children in Care in the ACT and of Child Protection Management, dated 6 February 2004.

I point out at this stage that the Community Advocate has some concerns about the tabling of this information, as the attachment from Ms Gwenn Murray relies on some of the Community Advocate’s initial findings. The Community Advocate was concerned


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