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Government faces swift test on child protection

Jul 24, 2014
Opposition Leader Steven Marshall: We're sick of waiting.

Opposition Leader Steven Marshall: We're sick of waiting.

The State Government’s commitment to establishing a long-awaited Commissioner for Children and Young People will be tested in parliament in less than a fortnight.

Opposition Leader Steven Marshall told InDaily today legislation introduced by the State Liberals last May will be brought on for a vote on August 6.

“We introduced our own legislation in May after successive failures by the Labor Government to act on recommendations in the 2003 Layton Report and the 2013 Debelle Report,” he said.

“I remember Education Minister Jennifer Rankine standing on the steps of parliament a year ago and promising to act on the latest recommendation before the election.

“They introduced a draft Bill and then it lapsed in December with parliament not sitting after the election.

“We got sick of waiting for the Government to act on its promise, which by now was 11 years old, after the first recommendation by Robyn Layton QC in her report on child protection.”

Child abuse case ‘catastrophic’ says Premier

The State Liberals Bill to create a Commissioner for Children and Young People, with full investigative powers to provide greater protection for children at risk in South Australia, was introduced on May 21.

The State Government then re-introduced its own Bill on June 19, on the night of the State Budget.

It was also eight days after the Education Minister was advised by SA Police that a Families SA man was on seven charges of unlawful sexual intercourse filed in court on June 10.

The Weatherill Government’s Bill drew strong criticism from the Law Society because of the proposed Commissioner’s lack of investigative powers.

In a submission to the State Government on October 23 last year, the society pointed to the UN Committee on the Rights of the Child: “It considers that Children’s Commissioners must have the power to consider individual complaints and carry out investigations.

“We consider that the power of the Commissioner to conduct inquiries or reviews into matters involving breaches of children’s rights is an integral function of the role,” the Law Society submission said.

Steven Marshall said it was time the Weatherill Government accepted the views expressed so stridently over the last 11 years.

“Our Bill is stronger in that it gives the Commissioner investigative powers whereas the Government’s proposal doesn’t,” Marshall told InDaily.

“Our view is that by having full powers to investigate, the Commissioner would be able to more quickly and effectively take action in cases such as those covered by the Debelle Inquiry and now this case.

“Last year the Weatherill Government committed to introducing legislation to create a Children’s Commissioner. Our Bill does the job for them – and does it better.”

It’s a year since Minister Rankine promised South Australians Labor’s version of a Commissioner for Children and Young People.

“The Government has listened to the community. We were clearly told – during an extensive consultation last year (2012) – that parents, carers and families want a Commissioner,” she said in July 2013.

“The Commissioner will be an advocate for children in all sections of Government, whether that is housing, school, child care, social inclusion or the future planning of the state.

“The Commissioner will promote awareness of the rights, views and interests of all children and help build links with families in relation to complaints and investigations.”

Steven Marshall says a Commissioner that is an advocate and awareness promoter misses the point.

“Go back and have a look at what’s happened since the recommendation in the 2003 Layton report.

“We’ve had more inquiries and more major issues – many have been systemic.

“A Commissioner for Children and Young People should have the power to investigate those systemic problems and then we wouldn’t need to be cobbling together new inquiries every time the issue resurfaces.

“South Australia is the only state that doesn’t have such a role; the time has surely come for us to catch up.

“On August 6, we’ll find out just how committed to the promise this government is.”

OPINION: How can we better protect vulnerable children?

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