Page 5393 - Week 13 - Wednesday, 16 November 2011

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operated by a residential care service as a place of care. If you give that approval, the act requires you to be satisfied that the place of care complies and is likely to continue to comply with the out-of-home care standards. The Barton Highway house, which is a Housing ACT property and which is leased to Barnardos as a residential care service, has been used as a place of care. Minister did you or any of your predecessors at any time exercise your discretion to approve the Barton Highway premises as a place of care for use as such by Barnardos as a residential care service? If so, when did that happen?

MS BURCH: I thank Mr Coe for his question. I think those opposite have misunderstood the “place of care”. The Barton Highway house was not a place of care; it was a place where care was provided, but, under the definition, it is not a place of care. Section 225, as I understand it, provides that a “place of care” is where a residential care service complies with and is likely to continue to comply with—yes, you are right, the minister is—

Mr Smyth—You are right.

MS BURCH: You are in the sense that the minister needs to approve a place of care. There is one, and that approval was provided in 2008.

MR SPEAKER: Mr Coe, a supplementary question.

MR COE: Minister, on what date exactly did you exercise that discretion, or did your predecessor exercise that discretion, and what did you do to satisfy yourself that the house complied, and was likely to comply into the future, with the out-of-home care standards?

MS BURCH: If you are referring to—let us be clear—the Barry Drive, it was not a place of care. Under the act it is not a place of care. Marlow Cottage is our recognised place of care here. The property was used by NBSS as a placement for children and there was certainly a less desirable amenity within that. I have not been backward in saying that I found it disappointing that we had a property there that did not meet what I would have thought would be reasonable standards. It was head leased by another organisation. We have pulled that property out because Mrs Dunne has identified it as a place used by care and protection. So we consider it no longer to be safe and we have alternative properties that—

Mr Smyth: It is certainly not safe; it is a disgrace.

MS BURCH: It is not safe after Mrs Dunne has identified it as a care and protection service.

Opposition members interjecting

MR SPEAKER: Order, thank you!

MS BURCH: They are not interested so I will just leave it there, Mr Speaker.


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