Page 2041 - Week 06 - Tuesday, 4 June 2019
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
transparency on the rules governing access to sensitive information under the Children and Young People Act 2008, hereafter the CYP Act.
The ACT government has some of the most transparent and open FOI laws in our nation. As Minister Ramsay has said, the amendment will not alter the information currently available to people about child protection decisions or change existing oversight mechanisms for child protection decisions. Mrs Kikkert, in her comments, seemed to be acknowledging that that was the case. The amendment is solely intended to make clear the restrictions that currently apply to the release of sensitive information under current law, the Children and Young People Act.
The principle behind this change is, as I have said, that the drafting of the FOI Act should clearly and transparently articulate prohibitions on the release of information that exist elsewhere in the statute book. Individuals will continue to request access to information about themselves according to the existing processes under the Children and Young People Act and the FOI Act. People who are, or have been, in care, are, and will continue to be, able to access their life story, including with appropriate supports. Adults will have access to information on decisions including reasons, and documents including affidavits will be available through court processes, just as they are currently.
As I have noted previously, this amendment has been conflated in public discussion with substantive policy discussion about the privacy and information sharing provisions under the Children and Young People Act, and information that can be made available in regard to child protection matters.
Like so many elements of the Children and Young People Act, the information sharing provisions are quite complex and they do require a careful balancing of interests. In relation to this substantive policy issue, I have welcomed the consideration of the issue by the Standing Committee on Health, Ageing and Community Services.
The amendment to this bill is not prejudicial to the important policy discussion that is underway about child protection matters in the territory. Mrs Kikkert, in her comments—if she looks back at what she said—would have to acknowledge that. She has very clearly indicated that she has been advised—and we have been clear—that this amendment does not change access to information under the Children and Young People Act, which is the substantive matter under discussion in the community.
I reiterate: this amendment will have no impact on the avenues for seeking information about child protection matters, apart from making clear that FOI is not currently an avenue for getting access to sensitive information. In summary, as I have said, this amendment increases transparency by making it clear to anyone reading the FOI Act how their access to information is affected by existing and currently operational sections of the Children and Young People Act. I commend the bill to the Assembly.
Question put:
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video