The Hon. R.A. SIMMS: I have not yet spoken on this bill, so I might use the clause 1 process to do so. I rise to indicate my support for the Children and Young People (Safety and Support) Bill 2024. Protecting vulnerable children is among the most important responsibilities for any government or any parliament. It is clear to me, and I believe this parliament, that the current act as it stands is failing too many children and families and places insufficient emphasis on the best interests of the child It is my hope that the amendments and improvements that have been secured between the crossbench and the government will better support vulnerable children in our state.
I want to acknowledge the painful past in this space for Aboriginal and Torres Strait Islander children and families in particular, especially given the shocking history of the stolen generations. Saying sorry, telling the truth and honestly facing our past means we must do no fresh harm. We must aim to keep families together and preserve connection to culture and country where it is in the best interests of children and where it is safe to do so.
I want to use this opportunity to recognise the work of the public servants and staff in the child protection area. Those working on the frontline to support vulnerable children in our community do incredibly difficult jobs, and I know that all of us in the parliament are thankful for their service and their dedication.
I want to thank the stakeholders who I have engaged with over the last few weeks for engaging so passionately and for bringing their expertise, their evidence and their lived experience to bear throughout this process. I want to thank the members of the crossbench for their effective advocacy. I know all members of the parliament agree that protecting vulnerable children is beyond party politics. I want to thank the minister for the collegial way in which she has engaged with my office and also thank and acknowledge her staff.
Following amendments from the crossbench this bill is an improvement on the status quo. As it stands, the current act in place right now fails to recognise the best interests of the child. The elevation of the best interests of the child via amendments to the new bill and the inclusion of a series of tangible procedures, practices and rights will better support vulnerable children and those in state care in our community.
I believe this chamber has worked constructively to improve both the current act and also to improve upon the original bill as drafted by the government. In that context, the Greens will be supporting the bill following some significant positive amendments. I might use this opportunity to speak through a few of those now.
Amendment No. 6: I understand through crossbench changes that the best interests of the child will now be recognised in law. This changes more than just a theoretical principle but also includes tangible procedures, standards and rights which will flow from it. In particular—and this is something that I advocated for in my discussions with government—there will be the inclusion of a hierarchy of placement when assessing the best place for a child. This will include an emphasis on, where possible, keeping parents and families, including siblings, together. It recognises people with whom a child has an existing relationship, and it recognises those people who are willing to care for children who will develop and maintain a relationship with the child's parents, siblings, kin and family.
The government's amendments also better protect the rights of children living with a disability or a point of difference, and this is something that we discussed with the government. This will ensure that lived experience and identity is respected and that development of the child can be taken into account given that disability.
I note that the principle of active efforts and the standard of active efforts will now be included as a key part of this bill. Following the efforts of the crossbench, we will ensure that families, siblings, kin and community relationships are preserved and, where viable, reunification can take place to keep families together.
This is an important change that the Greens negotiated with the government. It widens the scope and keeps the door open, whenever viable, to reunify families and parents with their children. Indeed, I consider this to be a broader principle than the simple likelihood test that was in the original bill, which is more a test around probability. It may sound like a small change in wording, but it is critical, I think, in terms of recognising the will of the parliament—that is, to reunify families where it is in the best interests of the child and where it is safe to do so.
It is also significant to note that the government has listened to the crossbench and agreed to amendments so that within six months a case plan will now be prepared for every child or young person in state care with a view to protect the best interests of the child and giving children, parents and carers a voice. Crucially, these amendments will give children and their families a voice through this process and protect the physical, mental, emotional, educational and cultural interests of children. We have also strengthened the need to respect the wishes of children and parents and the vital role of family group conferences through these changes.
Child protection is a complex and ever-changing area, and I recognise that there are still some concerns from advocates within the sector. That is why I think it is important to note that the government has agreed to a review in 1.5 years to look at how this act is operating and how we can ensure the best interests of the child are protected and ensure we are getting that balance between best interests and child safety right.
I want to acknowledge that this bill is far from perfect, of course. It is a government bill. It is not a bill that the Greens have advanced or drafted; it is the government's bill. But I think the crossbench and, indeed, the Greens have played a constructive role in terms of pushing the government to go further.
Ultimately, all of us in this place, particularly when we are in the position of balance of power, need to make a judgement call around when it is time to keep pushing and when it is time to give a bill support through this place. In weighing this, my primary concern has been around wanting to ensure that we are able to secure the important improvements to this bill that have been negotiated. One of my main concerns has been that, if this bill was not passed before the midwinter break, there was a high likelihood that this matter would not be prioritised during this term of parliament and then we might find ourselves in a situation where we are having to reopen this debate in the new parliament and lose some of the important gains that have been made.
I have also been concerned about the uncertainty that could create for people who work within this very important area and the potential risks that flow from that. I have also been persuaded that, on balance, the current bill that is due to pass this chamber with amendments represents an important advance on the status quo and will deliver some tangible improvements for children and young people.
On that basis, I have given the government a commitment that I will support the bill's passage through this chamber with the amendments that have been the subject of negotiation between the crossbench and the government. I understand that some other members will be moving amendments on the floor today. I indicate that I will not be supporting those. Whilst I have sympathy with some of the matters that are being raised in those amendments, I will not be supporting the amendments advanced by other members of the crossbench and will simply be supporting the government amendments.
It might also be helpful for me to indicate that there has been no side deal done in relation to this bill, as the Hon. Frank Pangallo indicated in media earlier today. Rather this has been a position that has been reached on the basis of negotiating around the merits of the bill and trying to secure improvements to this particular bill.