Page 399 - Week 01 - Thursday, 16 February 2012

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It is important, before we argue that the sky will fall in because we are trying to legislate a charter of rights into the Children and Young People Act 2008, that we take the time to look at what the government has previously committed to. On 27 November 2009 the Minister for Community Services, Ms Burch, launched the ACT Charter of Rights for Children and Young People in Out of Home Care. The charter is for all children and young people who are unable to live with their birth parents and are living in short-term or long-term out-of-home care. This includes foster care, kinship care, respite care or other residential-care facilities.

The charter sets out what children and young people can expect from the people who are looking after them and work with them when they are in care. The charter is the same for all ages, nought to 18. The rights are: the right to be safe and looked after; the right to be respected; the right to be treated fairly; the right to have fun, play and be healthy; the right to be heard; the right to privacy and have your own things; the right to ask questions about what is happening to you; the right to have contact with the people you care about and know about your family and cultural history; the right to go to school; and the right to talk to people about things you do not like or do not understand.

The charter is based on the rights that all children and young people have and is consistent with the United Nations Convention on the Rights of the Child, the ACT Human Rights Act 2004 and the Children and Young People Act 2008, all of which outline the basic human rights to which all children and young people are entitled.

Today I want to challenge the government to either stand by the previous commitments they have made or at least be honest enough to state what they can and cannot deliver for these children and young people in the care of the director-general.

I must say that I am at a bit of a loss at this outcome, especially as the government indicated in the legislation program the other day that they wanted to expand the range of rights protected for all of those in our community—that is, economic, social and cultural rights—yet they are unwilling to protect the rights of those in our community who are arguably most affected by government actions and have a far closer relationship with the government than anyone else—that is, the territory as their parent.

As many of you who have been into my office will know, I have a poster advertising these rights up on the wall and certainly I have promoted it to stakeholders. However, after today, I could not really do that in good faith because I am not sure that there is a genuine and real commitment to each and every one of them.

The last three items which differ from the ACT Greens’ bill are about providing access to information and personal items, financial loans for young adults leaving care, and support and assistance to access protected information. All of these clauses are about strengthening and providing post-care options for young people and young adults.


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