Page 2496 - Week 07 - Tuesday, 1 July 2008
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of issues that any Assembly and, particularly, any government faces; that is, how do we protect our children and young people; how do we establish a framework that seeks to support them; how do we position ourselves as the best in terms of our regulatory framework? All of that is attempted and, I believe, will be achieved through this legislation. That is pretty ambitious.
It is a core subject of national discussion at the moment. I think other members have commented on how this is a matter that is in the public’s attention at the moment. But I should say that the issues that are in the public attention at the moment are not unusual issues; they are not issues that just come once a month every year; this is day-to-day life for many families and for staff that work in this area. It is only when they become public that others get interested or outraged at the situation. I deal with these matters on a daily basis and I know that staff who work in all of the areas outlined in this bill, including workers in childcare centres, workers at Quamby, workers in juvenile justice, workers in care and protection, deal with them every day. The ACT government has a responsibility to protect children and young people in the territory from harm and to promote their wellbeing.
Today, along with the Attorney-General, I am pleased to debate the Children and Young People Bill 2008 and the Children and Young People (Consequential Amendments) Bill 2008. We introduced this bill on 6 March 2008. It does propose significant reform to the law relating to care, protection and wellbeing of children and young people in the territory. The bill has been informed by an extensive consultation process, which commenced in 2002, with a wide range of community members, children and young people, community organisations, government agencies, legal agencies, ministerial advisory councils, unions and the judiciary. It has involved a range of forums, interviews, written submissions, consultations on related government reviews and inquiries and the tabling of three interim progress reports.
The bill addresses the welfare of children and young people at risk of abuse and neglect and the sentencing of people who have offended while they were a child or a young person. It also addresses the administration of sentences given to young offenders, the administration of the youth detention centre and the regulation of childcare services and employment of children and young people. This bill also implements a number of recommendations from reviews and inquiries relating to children and young people in the territory. We are the first Australian state or territory to review child welfare legislation in the context of a human rights act.
I note Dr Foskey’s concerns about the age of criminal responsibility in the ACT. The age of criminal responsibility is highly controversial. To raise the age of criminal liability would require extensive consultation with the community, involving education and debate on the issue. The community is unlikely to embrace a surprise rise in the age of criminal liability without significant preparation and consultation, and this simply has not been done. However, in light of our position as a human rights jurisdiction, the government has tasked the Department of Justice and Community Safety and the Department of Disability, Housing and Community Services to prepare a discussion paper and a consultation plan on the issue.
I foreshadow government amendments to address concerns raised in scrutiny of bills committee report No 53. They will clarify ambiguities in the criminal matters chapters
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