Page 1842 - Week 05 - Thursday, 16 May 2019
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However, as Mr Wall is absent from the chamber today, and in accordance with advice in the companion to the standing orders and House of Representatives Practice, we will not proceed with the motion.
Health, Ageing and Community Services—Standing Committee
Proposed reference
Debate resumed.
MS STEPHEN-SMITH (Kurrajong—Minister for Aboriginal and Torres Strait Islander Affairs, Minister for Disability, Minister for Children, Youth and Families, Minister for Employment and Workplace Safety, Minister for Government Services and Procurement, Minister for Urban Renewal) (3.16): I start by thanking Mrs Kikkert for bringing this matter to the Assembly. I also up-front thank Mrs Kikkert and her office and Ms Le Couteur and her office for the work they have done with my office to come to this agreed position. This was a trickly matter to work through and benefitted from the fact that we had a few days to consider the pros and cons of different options, in particular the implications for the family involved. I also thank Ms Cody, who as chair of the health and community services committee, the HACS committee, has sought advice about how the proposed referral could be managed and has consulted her committee colleagues.
I have publicly noted my doubts, but the HACS committee is the best place to consider individual care and protection matters, given the highly personal and sensitive nature of the information to be considered. I wrote to Mrs Kikkert earlier this week outlining these concerns and proposing that the individual case instead be referred to the Human Rights Commission. This proposal was based on the fact that the commission has powers to compel documents and individuals and is well set up to handle personal and sensitive matters like the one before us today. The Human Rights Commission would be in a position to access all information, to interview any relevant person and to produce a public report on the matter.
However, I do understand that this is not the preferred option of others in this place and I am pleased that we have at least been able to agree on amendments that will uphold the best interests of children and young people and ensure that no-one will be identified without their express consent. I was also pleased to receive advice from Ms Cody that the committee is in a position to make arrangements to provide appropriate support to those engaging in this process.
I hope this process will work out. There are still some technical matters that I believe will need to be worked through in regard to the evidence directorate officials and others can give. These include questions of what will happen if an official genuinely believes that sharing specific information with the committee is not in the best interests of the children involved and also questions of sub judice that may arise, depending on when hearings are held and the matters that are raised.
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