SA introduces new laws designed to help young people feel safe and supported

The South Australian Government has introduced new laws to Parliament with the intention of demonstrating its commitment to transforming and building capacity of the child protection and family support system to help improve the lives of children and young people and the complex issues facing SA families.

The Children and Young People (Safety and Support) Bill 2024 was introduced to Parliament mid-way through October, following statewide engagement with the South Australian community, partners and key sector stakeholders.

In introducing the Bill, the Government acknowledged that a redefined and purpose-built system is required to address challenges in a way that adequately reflects community values and expectations with the child and young person at the heart of the process, and believes the new bill creates a solid foundation to drive this change.

The finalised Bill includes provisions that:

• Elevate the voice of the child by enabling greater participation in their own decision making and that better protect their rights and connection to siblings.
• Retain children’s safety as the paramount consideration in statutory decision making but also elevates their best interests in all decision-making under the Act.
• Increases access to Family Group Conferencing for Aboriginal families and strengthens Aboriginal family led decision making.
• Change the threshold for mandatory reporting to better identify and respond to children at risk, better align with interstate jurisdictions and remove the requirement for mandated notifiers to report concerns that they have already reported on.
• Provide more supports and planning for young people with a care experience as they move toward their adult years.
• Incorporate a public health approach to child protection and family support and a greater emphasis on the provision of targeted assistance to children and young people and their families to prevent children and young people from being in care.
• Embed the Statement of Commitment to foster and kinship carers and strengthen the participation of carers in significant decisions relating to children in their care.
• Introduce a Statement of Commitment to families engaged with the system.

The development of this Bill follows a thorough review of the existing Act where nearly 1000 people provided feedback. The review provided an opportunity to rigorously examine and improve the central legislative framework through which South Australia’s child protection and family support system operates.

The newly developed Bill was considered through forums, surveys and direct feedback, with discussions held with Aboriginal and non-Aboriginal people across metropolitan and regional South Australia. In addition to discussions at forums and meetings, the government considered survey responses and formal submissions.

The level and depth of feedback received from across the sector and community, the Government said, “has provided a clear mandate and support for the government’s dedication to fundamental reform of the child and family support system.”

The inclusion of a State Strategy will be pivotal, where entities that intersect with children, young people and families engaged with the child protection and family support system owns and recognises the collective responsibility and shared aspirations for children and young people’s safety and wellbeing, and the role agencies play in reducing the risk factors for child abuse and neglect.

There will be significant opportunities throughout the implementation phase to work closely with community, across government and all stakeholders to ensure supporting policies and processes are designed and implemented in ways which empower children and young people to thrive.

“This significant bill speaks to our determination to progress improvements that give children and young people in our state the best opportunity to be safe, well, loved and enabled to thrive and it sets a foundation and framework for transformational change to do so,” Minister for Child Protection Katrine Hildyard said. 

“I wholeheartedly thank the many community members, partners, stakeholders and young people themselves for their engagement and feedback on this essential reform.”