Page 409 - Week 02 - Tuesday, 7 March 2006

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Mrs Burke have been well touched upon and some of the issues raised by Dr Foskey are important ones.

The best interests principle is one that needs to be substantially and constantly reinforced when we are dealing with children at risk. From a cursory reading of the act as it currently stands and having had a weather eye on the comments of people more qualified than I am on this matter, particularly the former Community Advocate, there have been substantial failures in the past in dealing with children and acting in their best interests at all times.

That is not to be overly critical. It is an extraordinarily difficult thing that people do when they are seeking to find solutions for children at risk of abuse and children who have been subjected to abusive situations. While the opposition welcome the amendments brought forward by the minister in this amendment bill, I think that we need to put on the record that we do not consider that because these amendments are passed today they cannot be revisited in the context of the wider review.

The wider review is somewhat overdue and I understand that these matters are being brought forward simply to address things which are of a more urgent nature. I think that that is laudable. But, because we have done so today, we have not necessarily fixed it up. As to those amendments which we do pass today and which the opposition supports, we are doing so with an open mind to perhaps tweaking those matters when the next tranche of amendments comes before this place, because this is something on which members of this place and members of the community in general need to be absolutely vigilant.

The Children and Young People Act has been in operation for some considerable time. It is well overdue for review and amendment. We know the long and sorry history of the last couple of years about the administration of the Children and Young People Act. I do not particularly want to dwell on that. My concern is that some of these issues should have been brought forward earlier and that they do need to be constantly and vigilantly reviewed. In passing these amendments today, the opposition is not wiping its hands of these matters. It will be revisiting them in the context of further reviews of the Children and Young People Act.

MS GALLAGHER (Molonglo—Minister for Education and Training, Minister for Children, Youth and Family Support, Minister for Women and Minister for Industrial Relations) (5.47): Mr Speaker, following reports by Commissioner Vardon and Ms Gwen Murray, the Stanhope government is undertaking a comprehensive review of the Children and Young People Act 1999. The first stage of the revision has produced the amendments currently before the Assembly. The second stage will see a completely new act and will be available later this year, beginning with another round of public consultation.

The amendments made by this bill are to the principles of the act as well as in the areas of care and protection and of information protection. Mr Speaker, under these amendments, the best interests principle will remain the paramount consideration for decision makers across the act, except for young offenders. However, in the case of young offenders, the best interests of the young person will be one of a number of principles to be applied when making decisions.


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