Child Protection and Other Legislation Amendment Bill 2020 Report No. 3, 57th Parliament Community Support and Services Committee February 2021 Community Support and Services Committee Chair Ms Corrine McMillan MP, Member for Mansfield Deputy Chair Mr Stephen Bennett MP, Member for Burnett Members Mr Michael Berkman MP, Member for Maiwar Mr Jon Krause MP, Member for Scenic Rim Ms Cynthia Lui MP, Member for Cook Mr Robert Skelton MP, Member for Nicklin Committee Secretariat Telephone +61 7 3553 6623 Fax +61 7 3553 6699 Email [email protected] Technical Scrutiny +61 7 3553 6601 Secretariat Committee Web Page www.parliament.qld.gov.au/cssc Acknowledgements The committee acknowledges the assistance provided by Department of Children, Youth Justice and Multicultural Affairs and the Queensland Parliamentary Service. All web address references are current at the time of publishing. Child Protection and Other Legislation Amendment Bill 2020 Contents Abbreviations ii Chair’s foreword iii Recommendations iv 1 Introduction 1 1.1 Role of the committee 1 1.2 Inquiry process 1 1.3 Policy objectives of the Bill 2 1.4 Government consultation on the Bill 2 1.5 Should the Bill be passed? 3 2 Examination of the Bill 4 2.1 Proposed amendments to the Child Protection Act 1999 4 2.1.1 Hierarchy of preferences for achieving permanency for a child under a child protection order – clause 8 4 2.1.2 Review requirements for children under long-term guardianship of chief executive – clauses 9 and 10 21 2.2 Proposed amendments to the Adoption Act 2009 – clauses 4 to 6 22 2.3 Practice reforms and implementation of Bill 23 3 Compliance with the Legislative Standards Act 1992 24 3.1 Fundamental legislative principles 24 3.2 Explanatory Notes 24 4 Compliance with the Human Rights Act 2019 24 4.1 Statement of compatibility 25 Appendix A – Submitters 26 Appendix B – Legal Affairs and Community Safety Committee, Report No. 71, 56th Parliament, Child Protection and Other Legislation Amendment Bill 27 Community Support and Services Committee i Child Protection and Other Legislation Amendment Bill 2020 Abbreviations AASW Australian Association of Social Workers Adoption Act Adoption Act 2009 ATSICPP Aboriginal and Torres Strait Islander Child Placement Principles ATSIWLSNQ Aboriginal and Torres Strait Islander Women’s Legal Services NQ Inc BAQ Bar Association of Queensland the Bill Child Protection and Other Legislation Amendment Bill the committee Community Support and Services Committee CP Act Child Protection Act 1999 DCPL Director of Child Protection Litigation the department Department of Children, Youth Justice and Multicultural Affairs FLP Fundamental legislative principles HRA Human Rights Act 2019 LACSC Legal Affairs and Community Safety Committee LSA Legislative Standards Act 1992 PCO Permanent Care Order QCOSS Queensland Council of Social Services QFCC Queensland Family and Child Commission QFCC led joint The joint submission made by the Queensland Family and Child Commission, submission Australian Human Rights Commission, Queensland Human Rights Commission, Queensland Aboriginal and Torres Strait Islander Child Protection Peak, SNAICC, PeakCare Queensland, Queensland Council of Social Services and the Office of the Public Guardian QLS Queensland Law Society UNCRC United Nations Convention on the Rights of the Child YAC Youth Advocacy Centre Inc. ii Community Support and Services Committee Child Protection and Other Legislation Amendment Bill 2020 Chair’s foreword This report presents a summary of the Community Support and Services Committee’s examination of the Child Protection and Other Legislation Amendment Bill 2020. The committee’s task was to consider the policy to be achieved by the legislation and the application of fundamental legislative principles – that is, to consider whether the Bill has sufficient regard to the rights and liberties of individuals, and to the institution of Parliament. The committee also examined the Bill for compatibility with human rights in accordance with the Human Rights Act 2019. The Child Protection and Other Legislation Amendment Bill 2020 was examined previously by the former Legal Affairs and Community Safety Committee (56th Parliament) who tabled its report on 28 August 2020. Given that the Bill is the same as the one which was examined comprehensively by the Legal Affairs and Community Safety Committee, the committee agreed to include the former committee’s report as part of its report. On behalf of the committee, I thank those individuals and organisations who made written submissions on the Bill. I also thank the Department of Children, Youth Justice and Multicultural Affairs and our Parliamentary Service staff. I commend this report to the House. Ms Corrine McMillan MP Chair Community Support and Services Committee iii Child Protection and Other Legislation Amendment Bill 2020 Recommendations Recommendation 1 3 The committee recommends the Child Protection and Other Legislation Amendment Bill 2020 be passed. iv Community Support and Services Committee Child Protection and Other Legislation Amendment Bill 2020 1 Introduction 1.1 Role of the committee The Community Support and Services Committee (committee) is a portfolio committee of the Legislative Assembly, established on 26 November 2020 under the Parliament of Queensland Act 2001 and the Standing Rules and Orders of the Legislative Assembly.1 The committee’s areas of portfolio responsibility are: Communities, Housing, Digital Economy and the Arts Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships, and Children, Youth Justice and Multicultural Affairs. The functions of a portfolio committee include the examination of bills and subordinate legislation in its portfolio area to consider: the policy to be given effect by the legislation the application of fundamental legislative principles matters arising under the Human Rights Act 2019, and for subordinate legislation – its lawfulness.2 The Child Protection and Other Legislation Amendment Bill 2020 (Bill) was introduced into the Legislative Assembly and referred to the committee on 3 December 2020. The committee was required to report to the Legislative Assembly by 12 February 2021. 1.2 Inquiry process The Child Protection and Other Legislation Amendment Bill 2020, was originally referred to the Legal Affairs and Community Safety Committee (LACSC) in the 56th Parliament. The LACSC received 39 submissions on the Bill, held a departmental public briefing and held public and private hearings, at which it heard from stakeholders and submitters. The LACSC tabled its report on that Bill on 28 August 2020, however, the Bill lapsed before it was debated in the Parliament when the 56th Parliament was dissolved on 6 October 2020. The LACSC recommended, in its report, that the Bill be passed. Given that the Bill before the committee is the same as the Bill examined by the LACSC, the committee considered the evidence provided to the LACSC as part of its inquiry, including submissions and the hearing transcripts. The committee decided to include the LACSC report as part of its report – see Appendix B. On 7 December 2020, the committee invited stakeholders and subscribers to make further written submissions on the Bill. Fifteen further submissions were received. See Appendix A for a list of submitters. The committee requested a written brief from the Department of Children, Youth Justice and Multicultural Affairs (the department) on the Bill and received written advice from the department in response to matters raised in submissions. The submissions and correspondence from the department are available on the committee’s webpage. 1 Parliament of Queensland Act 2001, s 88 and Standing Order 194. 2 Parliament of Queensland Act 2001, s 93 and Human Rights Act 2019, ss 39, 40, 41 and 57. Community Support and Services Committee 1 Child Protection and Other Legislation Amendment Bill 2020 1.3 Policy objectives of the Bill The explanatory notes state that the objectives of the Bill are to: enhance the approach to permanency under the Child Protection Act 1999 (CP Act) clarify that adoption is an option for achieving permanency for children in care, as part of the suite of alternative long-term care options available, and clarify the importance of and promote alternative permanency options for children under a long-term guardianship order to the chief executive.3 The Bill responds to recommendation 6(b) of the findings of the Deputy State Coroner, delivered on 2 June 2020, following the inquest into the death of Mason Jet Lee. Recommendation 6(b) recommended that: The Government consider whether the Adoption Act 2009 (Qld) should similarly reflect the 2018 amendments to the Adoption Act 2000 (NSW), expecting children to be permanently placed through out of home adoptions within 24 months of entering the department’s care.4 The Deputy State Coroner’s recommendation followed the Queensland Child Protection Commission of Inquiry’s recommendation that the then Department of Communities, Child Safety and Disability Services should routinely consider and pursue adoption (particularly for children aged under three years) in cases where reunification is no longer a feasible case-plan goal.5 In accepting recommendation 6, the Queensland Government noted that it had, in 2018, introduced significant reforms to improve permanency outcomes for children involved in the child protection system by way of amendments to the CP Act. The Queensland Government acknowledged, however, that ‘… more