Page 5991 - Week 14 - Wednesday, 8 December 2010
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less than six months. We have to be realistic. This is not a quick fix, no matter which way we do it. Even with the Children and Young People Commissioner, we are still with a six-month reporting date.
The other problem with Ms Hunter’s amendment as it is currently drawn is that it does not imply and reflect the law as it currently stands. It is unclear which minister she is referring to. You have to make it clear that it is the attorney, not the Minister for Children and Young People, who would be directing the commissioner to make this inquiry. The commissioner does not have the power to report to this Assembly. The commissioner can only report back to the Attorney-General. Read section 17 of the legislation. There would need to be direction to ensure that the minister responsible reports back to the Assembly.
I know people have contacted Ms Hunter and spoken about this, and I know what they have asked for, because I have got feedback. They have asked for steps to ensure that people are absolutely protected and that there is a clear path of transparency. There is only one way, and that is to have an inquiry under the Inquiries Act.
The minister seems to want to raise the bar so that we have inquiries under the Inquiries Act when people die. I think that we should be using inquiries under the Inquiries Act before people die. The message is out there. This is not a safe place for residents or the staff. Does Ms Burch want to brush everything under the carpet until somebody dies? I do not; the Canberra Liberals do not. We are not prepared to wait for people to die at Bimberi. We want a proper inquiry, and we want that proper inquiry now. We do not want to have to come back and fix it up later. As things stand today, we will have to do just that. Therefore, I move:
In proposed paragraph (3), omit “Minister to direct the Children and Young People’s Commissioner”, substitute “Executive to appoint a board of inquiry, in accordance with the Inquiries Act 1991,”.
MS BURCH (Brindabella—Minister for Disability, Housing and Community Services, Minister for Children and Young People, Minister for Ageing, Minister for Multicultural Affairs and Minister for Women) (5.06): I say at the outset that I will not be supporting Mrs Dunne’s amendment, but I and the government will be supporting Ms Hunter’s amendments. We feel that they will provide for a robust and independent inquiry into the broader youth justice issues, including reviewing Bimberi and undertaking a look at our policies and practices there, and including a human rights audit. The work will parallel the work I announced yesterday that will also happen out at Bimberi. I believe that this is a sensible approach to what is clearly a call for issues and concerns to be explored and for ways forward to be identified. I can give assurance that DHCS is proactive and open in supporting this review and inquiry.
I would also take the opportunity to note that today was the first time that a number of matters raised here today have been brought to my attention. Now that they have, though, I do not hesitate to support an open and independent inquiry, one that provides opportunities to enhance and improve our processes and practices at Bimberi and across our youth justice system.
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