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Submissions on Care and Protection Royal Commission Into The Submissions on Care and Protection Royal Commission into the Protection and Detention of Children in the Northern Territory August 2017 NAAJA Submissions on Care and Protection About NAAJA The North Australian Aboriginal Justice Agency (NAAJA) provides high quality, culturally appropriate legal aid services for Aboriginal people in the northern region of the Northern Territory in the areas of criminal, civil and family law, prison support and through-care services. NAAJA is active in systemic advocacy and law reform in areas impacting on Aboriginal peoples’ legal rights and access to justice. NAAJA travels to remote communities across the Top End to provide legal advice and advocacy. About these submissions These submissions respond to topics 1–11 identified by the Royal Commission in its call for submissions on care and protection. Topics 1-Child Protection Systems, 2-The NT Child Protection System, 3-The 2010 BOI Report “Growing Them Strong, Together”, 9-Aboriginal community issues, 11- Amendments which should be made to legislation and portions of 10-Reform options, are addressed throughout the submissions in the relevant chapters. Chapter 1 – Breaking the cycle of crisis, looks at a whole of system reform to the mechanisms of Government and oversight mechanisms in partial response to topic 10. Chapter 2 – Early intervention and prevention addresses Topic 4-Early intervention programs. Chapter 3 – Out of home care addresses topic 5-Out of home care, topic 6-Reunification and leaving care and topic 8-Cross-over issues. Chapter 4 – Legal processes addresses topic 7-The Legal Process. Our submissions are forward looking and aim to assist the Commission to frame practical recommendations that will improve outcomes for Aboriginal children and young people. We have drawn on NAAJA’s unique organisational knowledge, Aboriginal understandings and expertise as a long-term provider of culturally competent legal, therapeutic and social services to Aboriginal young people in Northern Australia. We have been particularly informed by the experiences of our clients, many who have bravely come forward to tell their stories to the Commission and share their ideas for change in the hope that the abuse and indignities they endured are never repeated. NAAJA endorses each of the submissions made on behalf of its clients who gave evidence to the Commission. Royal Commission into the Protection and Detention of Children in the Northern Territory Page | ii NAAJA Submissions on Care and Protection About NAAJA ............................................................................................................................... ii About these submissions .............................................................................................................. ii List of acronyms .......................................................................................................................... iv Recommendations ...................................................................................................................... vi 1 Breaking the cycle of crisis: a statutory authority for child and family services ....................... 1 2 Early intervention and prevention ....................................................................................... 17 3 Out of home care ................................................................................................................ 34 4 Legal processes ................................................................................................................. 103 Royal Commission into the Protection and Detention of Children in the Northern Territory Page | iii NAAJA Submissions on Care and Protection List of acronyms ACCA Aboriginal child care agency ACCO Aboriginal community controlled organisation ACPP Aboriginal Child Placement Principle ACW Aboriginal Community Worker AFLDM Aboriginal family-led decision-making AMSANT Aboriginal Medical Services Alliance Northern Territory APO NT Aboriginal Peak Organisations Northern Territory CE Chief Executive CEO Chief Executive Officer DCF Department of Children and Families DFAT Department of Foreign Affairs and Trade FASD Foetal alcohol spectrum disorder FGC Family Group Conferencing ICCPR International Covenant on Civil and Political Rights ICL Independent children’s lawyer MOU Memorandum of understanding NAAJA North Australian Aboriginal Justice Agency NTCAT Northern Territory Civil and Administrative Tribunal NGO Non-government organisation OOHC Out of home care RACW Remote Aboriginal Community Worker SDM Structured decision-making SFNT Solicitor for the Northern Territory SNAICC Secretariat of National Aboriginal and Islander Child Care TF Territory Families Royal Commission into the Protection and Detention of Children in the Northern Territory Page | iv NAAJA Submissions on Care and Protection TPA Temporary Placement Arrangement TPO Temporary Protection Order VACCA Victorian Aboriginal Child Care Agency Royal Commission into the Protection and Detention of Children in the Northern Territory Page | v NAAJA Submissions on Care and Protection | Recommendations Recommendations Recommendation 1 That the Northern Territory Government, after consultation with the community and stakeholders, establishes a statutory authority with responsibility for child and family and youth justice services. Recommendation 2 That the board of the statutory authority is chaired by an Aboriginal person and comprise three Aboriginal members as well as members with relevant expertise in areas such as youth justice, child protection, law, health and education (mirrors recommendation 3 of NAAJAs Submissions for Youth Detention) Recommendation 3 That two Aboriginal Child Care Agencies are legislatively created to service the Top End and Central Australia, with delegations in relation to the delivery of early intervention and prevention services and out of home care services. Such arrangements could be based on the Victorian model. Recommendation 4 That the statutory authority partner with newly created Aboriginal child care agencies, Aboriginal entities, organisations and communities to deliver child and family and youth justice services in the Northern Territory. Recommendation 5 That the Northern Territory Government explore which government services (including those currently residing in other departments such as health and education) are most appropriately housed within the statutory authority, using a consultative and investigatory process akin to the Irish Taskforce on the Child and Family Support Agency. Recommendation 6 That the Northern Territory Government and statutory authority regionalise statutory child protection services, and consider the implementation of local area offices and local area committees, which would have localised control over intake, investigation and assessment processes. Recommendation 7 That all partnerships between the Northern Territory Government, statutory authority, non-government organisations and Aboriginal community controlled organisations adhere to the APO NT Partnership Principles (mirrors recommendation 6 of NAAJAs Submissions for Youth Detention). Recommendation 8 That the Northern Territory Government ensures that sufficient resources and support is provided to the statutory authority so that Aboriginal people are genuinely empowered to have ownership and control of service delivery (mirrors recommendation 5 of NAAJAs Submissions for Youth Detention). Royal Commission into the Protection and Detention of Children in the Northern Territory Page | vi NAAJA Submissions on Care and Protection | Recommendations Recommendation 9 That the Children’s Commissioner is legislatively empowered to perform the function of monitoring the implementation of the Royal Commission’s recommendations. Recommendation 10 That the Children’s Commissioner is legislatively empowered to perform the function of inspecting and monitoring all secure facilities (including, health, disability and justice) where young people are detained. Recommendation 11 That a team of child advocates is established in the Office of the Children’s Commissioner to advocate on behalf of children in care and/or secure facilities. The role should be designed with community, and include the following features: Extensive information gathering powers relating to government and non government organisations that are involved in making decisions about the child, including access to all and any documents relating to statutory child protection services; Extensive powers of entry in relation to facilities where children in out of home care reside and for all secure facilities where children are detained; and The ability to be accessible to the child, and the ability to access the child at all times, other than in exceptional circumstances. Recommendation 12 That a team of Aboriginal community visitors is established in the Office of the Children’s Commissioner to advocate on behalf of children in care and/or secure facilities. The role should be designed with community, and include the following features: Extensive powers of entry in relation to facilities where children in out of home care reside and for all secure facilities where children are detained; Extensive powers to access records and documents relating to the place or facility where the child is in care or detained; and The ability to be accessible to the child, and the ability to access the child at all times, other than in exceptional circumstances. Royal Commission into the Protection
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