Page 3933 - Week 12 - Thursday, 29 October 2015
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The ninth set of amendments is about third-party oversight. Two important domains of a step up for our kids are strengthening accountability and ensuring a high functioning service system. The proposed amendments in clause 4 to the Children and Youth Services Council provisions support these two important domains, as well as strengthening safeguards for at-risk children and young people.
Currently under the Children and Young People Act, the council reports to the Minister for Children and Young People about the operation or administration of the act, and may make recommendations to the minister about services for children and young people. A review of the functions and governance arrangements of the council in 2014 identified opportunities to reform the way in which the council functions, including strengthening the advisory role by focusing the council’s remit on specific strategic initiatives being undertaken in relation to the act.
The proposed amendments contained in this bill aim to enhance the functions of a council to allow it to be established from time to time with a specific strategic purpose and remit. This will ensure that the council is only stood up when there is a clearly identified requirement. The council will no longer consist of a representative membership but will comprise members with expertise as deemed appropriate for its specific purpose when it is established from time to time. It is proposed to establish a council immediately and its remit will be to monitor and report to the minister on the implementation of a step up for our kids.
The final set of amendments is about minor, technical and consequential amendments. Following the recent passing of the Children and Young People Amendment Act 2015 (No 2), a small number of minor and technical amendments have been identified to improve the administration of the Children and Young People Act. For instance, the Children and Young People Act makes provision in section 62 for an entity to apply, in writing, to the director-general for approval as a suitable entity for a stated purpose.
Section 352B of the act currently provides for care and protection purposes to be either relating to a function under the care and protection chapters or prescribed by regulation, but not in both. The functions contained in section 352B(a)(i) are intended to refer to foster care and residential care functions. To clarify this intent as contained in clause 7 of the bill, it is proposed that the functions be specifically named and described in the regulation alongside the additional new care and protection purposes that are not named in the act. It is also proposed in the bill to change the term “foster care service and/or organisation” to “kinship and foster care organisation”. This is to more accurately reflect that kinship carers will be supported by foster care services.
Further minor and technical amendments are contained in clause 60 of the bill and these amendments are necessary to give effect to the substantive amendments that I have described above and ensure consistency in language throughout the Children and Young People Act.
The bill also reorders sections 507A and 529 in such a way that the criteria, approval, placement and renewal requirements can be easily accessed and understood by people engaged in protection, care and wellbeing of children and young people. This reordering does not in any way substantively alter requirements under the existing act.
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