Page 4307 - Week 12 - Tuesday, 13 October 2009
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intervention in our new early childhood schools, child and family centres and playgroups; helping every kid feel like they fit in; and helping the most vulnerable families to help themselves.
This bill will help all children and young people and their families, both adoptive and birth families. Firstly, these reforms make the best interests of Canberra’s children and young people central to all decision making. Secondly, the bill helps adoptive families who open their homes to children and young people. Thirdly, and just as importantly, it helps birth parents to build relationships with their children.
Before discussing these reforms, I will briefly address the comments raised in the scrutiny report. In relation to the commencement date, practical matters, such as the amending of court rules and procedures for adoption applications, must occur after the legislation has been passed. Mr Speaker, I have arranged for a revised explanatory statement to be prepared to explain this decision further. Adoption fees have been linked to the consumer price index, not the wage price index. This is because full cost recovery is not being sought through adoption fees. The government does not want the cost of adoption to be prohibitive for parents. In relation to the scrutiny report, in the examples of “light work”, “court attendant” is in the context of sporting activities, not a court of law.
Finally, there was an observation, but not a recommendation, made about whether Aboriginal and Torres Strait Islander placement principles met the requirement for equal protection of the law under the Human Rights Act. This is a practical dilemma, one of competing rights and interests. Children and young people have a right to know about their birth family’s background and culture and maintain their cultural identity. Although the Human Rights Act focuses on equal protection of the law without discrimination, the explanatory statement of the Human Rights Act acknowledges the importance of affirmative measures for Aboriginal and Torres Strait Islander children, their families and their communities.
In addition, the Adoption Act and the Children and Young People Act are underpinned by the principle of the best interests of the child. This principle is paramount. Therefore, the best interests principle has primacy over the Indigenous placement principle, but all efforts are made to link children and young people to their culture. This is a practical approach to decision making.
Mr Speaker, today’s amendments will make a positive difference to all persons involved in adoption in the territory. In summary, these reforms will make the child or young person central to all decision making, make adoption easier to understand, incorporate the United Nations Convention on the Rights of the Child and the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, make it possible for financial support to be given to adopting families in certain circumstances, and help parents prepare adoption plans so that children’s rights are well known throughout their lifetime.
The purpose of adoption in the ACT is to provide children and young people with safe, stable and loving homes. A new objects and principles section reflects this. Listening to children and young people is very important, and it will be a focus of our new young people’s plan. So this bill provides guidance to families on how to enhance
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