Page 3932 - Week 12 - Thursday, 29 October 2015
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Given this situation, there is no useful purpose in automatically providing annual review reports to the Childrens Court. This places an unnecessary administrative burden on the Childrens Court, the director-general and, shortly, approved care and protection organisations, as they are proposed to have greater responsibility for annual review reports for children and young people on long-term orders.
It is therefore proposed to amend the requirement to provide annual review reports to the Childrens Court, to instead provide an annual report only upon request by the Childrens Court—that is, clause 21. This decision is consistent with the overarching principle of a step up for our kids for simplified administrative processes and is a policy change. The other listed persons in section 497(1) required to be given copies of annual review reports will continue.
The eighth set of amendments is about enhancing safeguards for children and young people in care. It is proposed to add psychologists as mandated reporters with the same requirements that exist for other health professionals. Mandatory reporting is a strategy that acknowledges the prevalence, seriousness and often hidden nature of child abuse and neglect, and aims to enable early detection of cases which otherwise may not come to the attention of government agencies. Mandatory reporting requirements reinforce the moral responsibility of community members to report suspected cases of child abuse and neglect. Mandatory reporting aims to create a culture that is more child centred and which will not tolerate serious abuse of vulnerable children.
The list of mandated reporters at section 356(2) in the act includes health professionals, doctors, nurses, dentists, teachers, police officers, midwives and other professionals that have contact with or provide services to children, young people and their families. Excluded from this list are psychologists, even though they can play an important role in the early detection of cases of suspected child abuse. This issue has been identified by the ACT Health Services Commissioner when investigating a complaint. (Extension of time granted.)
The commissioner is of the view, as am I, that psychologists are just as likely as other health professionals to be made aware of allegations of child abuse. The proposed amendments will include psychologists in the category of a mandated reporter. This amendment will serve to further safeguard at-risk children and young people and places the same requirements on psychologists that exist for other health professionals. Furthermore, the ACT will be consistent with the vast majority of other jurisdictions that include psychologists in the category of a mandated reporter, except Queensland and Western Australia.
It is also proposed to amend the definition of “ACT child welfare service” in section 873(3) of the Children and Young People Act. The proposed amendment in clause 59 will include listing an “approved care and protection organisation” as an “ACT child welfare service”. This amendment would require an approved care and protection organisation to assist the Public Advocate when requested to do so by the Public Advocate. This amendment will provide a further safeguard for at-risk children and young people.
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