• About
    • Privacy Policy
  • GSW
  • Guide To Making A Subject Access Request
  • In Dad’s Shoes
    • An Overview
    • Invitation
    • Media
    • Photos
    • Press Release
    • Soft Launch
    • Speeches
    • Summary
  • Media Coverage
  • Parliamentary Debates
  • Voice of the Child Podcasts

Researching Reform

Researching Reform

Daily Archives: September 17, 2021

Pioneering new law places children’s voices at the heart of the child protection system in Australia

17 Friday Sep 2021

Posted by Natasha in Researching Reform

≈ 2 Comments

A Bill to reinforce children’s rights and make sure they can participate meaningfully in decisions being made about them inside Queensland’s child protection system has been introduced.

The new law will amend the Child Protection Act 1999 to reinforce children’s rights within the system’s legal framework, strengthen children’s voices in relation to decisions that affect them, and improve the regulation of the care system.

Minister for Children Leanne Linard said:

“During consultations held in regard to this legislation, young people in the child protection system told us they want to be heard and need to be able to participate in decisions made about their lives. I can assure them that we have listened.”

“We have introduced the Child Protection Reform and Other Legislation Amendment Bill 2021, which will strengthen the Act to ensure children will be genuinely empowered and supported to participate in decisions about their lives and the child protection system,” she added.

The legislation makes Queensland the first jurisdiction in Australia “to acknowledge in legislation the need for children to have a voice where they must be listened to, engaged with and where active attempts must be made to understand their views,” Linard said.

The press release for the new law does not provide a draft of the Bill, which can be found on Queensland’s Parliamentary website.

Interesting clauses and amendments include:

  • Clause 8 (2): a child has the right to express the child’s views about what is, and is not, in the child’s best interests.
  • Clause 11, Obtaining Children’s Views:
    • Unless a provision of this Act states otherwise, the person must ensure the following in relation to the exercise of the power or the making of the decision-
    • (a) the child is given meaningful and ongoing opportunities to participate;
    • (b) the child is allowed to decide whether or not the child will participate;
    • (c) the child is given information that is reasonably necessary to allow the child to participate;
    • (d) the child is advised about what help is available to the child;
    • (e) the person understands and considers, or makes a genuine attempt to understand and consider, any views expressed by the child;
    • (f) the child is allowed to express views that are different to views previously expressed by the child;
    • (g) communication with the child is carried out in a way that is appropriate for the child;
    • (h) a record of views expressed by the child is made that, if appropriate, uses the child’s words.
  • If the child decides to participate in the exercise of the power or the making of the decision, the person must ensure that—
    • (a) the child is allowed to decide how the child will participate; and
    • Examples of how a child may decide to participate—
      • communicating verbally or non-verbally
      • communicating directly with a particular person
      • communicating indirectly through a trusted person, including, for example, a member of the child’s family or family group, the child’s carer or the public guardian
      • communicating indirectly through an independent person, including, for example, the child’s legal representative or health practitioner
      • communicating indirectly through a written statement or an audio or video recording
      • communicating indirectly through an expert in a report prepared by the expert
      • participating separately from particular persons
    • (b) the person listens to and engages with, or makes a genuine attempt to listen to and engage with, the child; and
    • (c) the child is given help to participate if the child requires it.
  • If the child decides not to participate, or is otherwise unable to participate, in the exercise of the power or the making of the decision, the person must ensure—
    • (a) the person obtains, or makes a genuine attempt to obtain, the views of the child in another way that is appropriate for the child; and
    • Example of a way to obtain a child’s views that may be appropriate—
    • a report prepared by a psychologist for the child
    • (b) the child’s decision, or inability, does not operate to the detriment of the child in relation to the exercise of the power or the making of the decision

Share this:

  • WhatsApp
  • Pocket
  • Telegram
  • Share on Tumblr
  • Email
  • Print

Like this:

Like Loading...

Enter your email address to follow this blog and receive notifications of new posts by email.

Join 8,468 other subscribers

Contact Researching Reform

Huff Post Contributer

For Litigants in Person

Child Welfare Debates

September 2021
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
27282930  
« Aug   Oct »

Children In The Vine : Stories From The Family Justice System

Categories

  • Adoption
  • All Party Parliamentary Group on Family Law and The Court of Protection
  • Articles
  • Big Data
  • Bills
  • Case Study
  • child abuse
  • child abuse inquiry
  • child welfare
  • Children
  • Children In The Vine
  • Circumcision
  • Civil Partnerships
  • Consultation
  • Conversations With…
  • Corporal Punishment
  • CSA
  • CSE
  • Data Pack
  • Domestic Violence
  • Encyclopaedia on Family and The Law
  • event
  • Family Law
  • Family Law Cases
  • FGM
  • FOI
  • forced adoption
  • Foster Care
  • Fudge of the Week
  • Fultemian Project
  • Huffington Post
  • Human Rights
  • IGM
  • Inquiry
  • Interesting Things
  • Interview
  • Judge of the Week
  • Judges
  • judicial bias
  • Law to lust for
  • legal aid
  • LexisNexis Family Law
  • LIP Service
  • LIPs
  • Marriage
  • McKenzie Friends
  • MGM
  • News
  • Notes
  • petition
  • Picture of the Month
  • Podcast
  • Question It
  • Random Review
  • Real Live Interviews
  • Research
  • Researching Reform
  • social services
  • social work
  • Spotlight
  • Stats
  • Terrorism
  • The Buzz
  • The Times
  • Troubled Families Programme
  • Twitter Conversations
  • Update
  • Voice of the Child
  • Voice of the Child Podcast
  • Westminster Debate
  • Who's Who Cabinet Ministers
  • Your Story

Recommended

  • Blawg Review
  • BlogCatalog
  • DaddyNatal
  • DadsHouse
  • Divorce Survivor
  • Enough Abuse UK
  • Family Law Week
  • Family Lore
  • Flawbord
  • GeekLawyer's Blog
  • Head of Legal
  • Just for Kids Law
  • Kensington Mums
  • Law Diva
  • Legal Aid Barristers
  • Lib Dem Lords
  • Lords of The Blog
  • Overlawyered
  • PAIN
  • Paul Bernal's Blog
  • Public Law Guide
  • Pupillage Blog
  • Real Lawyers Have Blogs
  • Story of Mum
  • Sue Atkins, BBC Parenting Coach
  • The Barrister Blog
  • The Magistrate's Blog
  • The Not So Big Society
  • Tracey McMahon
  • UK Freedom of Information Blog
  • WardBlawg

Archives

  • Follow Following
    • Researching Reform
    • Join 813 other followers
    • Already have a WordPress.com account? Log in now.
    • Researching Reform
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...
 

    %d bloggers like this: