The Guardian for Children and Young People, Shona Reid, has today released her feedback on government’s proposed changes to child protection legislation here in South Australia, the draft Children & Young People (Safety and Support) Bill 2024. In doing this the Guardian has again provided two key documents:
- From Those Who Know – a powerful publication that outline the views and perspectives about the legislation, directly from people who have been through the out-of-home care system.
- The Guardian’s Submission – informed by observations of system conduct, themes from individual advocacy and direct voices of people who have previously lived in out-of-home care.
The Bill was released in August 2024, with the government seeking feedback on the proposed changes. The Guardian sought to brief those who had been in the care system and seek their views on how proposed changes would benefit or create risks to children and young people currently in care.
People with care experience spoke powerfully about enshrining children and young people’s right to participate, promoting voice, culture, and connection, and the importance of owning your own identity. They spoke about the need for reform in the areas of contact arrangements, supporting children who go missing from care and transition from care. They also highlighted the draft Bill’s significant focus on carers, and the potential effects of changes to the mandatory reporting threshold.
Commenting on the submission, Shona said:
“The words and wisdom on the pages of this submission represent the direct voices of people with a care experience. I have not altered them or changed their meaning – they are recorded as intended.
They courageously shared with their experiences in care and transitioning from care. They spoke about where they were supported, where they were let down or failed, and what could have made the biggest differences in their lives.
Their voices were underpinned by the desire to help build a better child protection system for those currently in care, and for all children and young people in the future.
One of the key topics they spoke about was how children and young people can often feel powerless in care.
My message to the people who participated in this consultation process is – I hope that I have done your words justice, and I hope that you know how incredibly powerful you are.
You have spoken your truth – the truth – and it is now on government and the sector to respect your voices, to learn from your wisdom, and to implement your solutions.”
Shona also made her own formal submission to the government’s consultation, which makes 17 recommendations to strengthen the draft Bill – to make children and young people’s best interests the paramount consideration, to ensure they are heard and have access to advocacy, and to ensure they are supported both in care and beyond. Shona said:
“I acknowledge that this submission does not take a deep-dive into the positive and promising aspects of the draft Bill. With a tight timeframe for response, I have been focused on areas of constructive feedback, and concerns I hold.
I am highly supportive of some of the changes including improved interagency responsibility and responses, better articulation of the Aboriginal and Torres Strait Islander Child Placement Principle, and stronger obligations to consider children and young people’s rights and best interests.
In providing my feedback, I do not wish to undermine these good aspects. But, it is an essential part of my role to provide advice when I identify areas of risk for children and young people’s rights and wellbeing. This is what children and young people in care expect and it’s what they are entitled to.
I urge government to consider the risks that I have raised in my feedback, and not proceed with changes that are likely to have adverse impacts upon the lives of children and young people in care – to approach the task of reform with the courage that children and young people deserve.”
To see what people with a care experience had to say, you can read the submission Shona made on their behalf here.
Shona’s formal submission is also available on our website.
