❓ Question regarding amendments to Children and Community Services Regulations 2022, specifically the catalyst, consultation process, concerns raised, and whether those concerns were addressed. The answer reveals concerns were raised but not addressed due to limiting eligibility for court report preparation and potentially excluding experts.
AnsweredQoN 755Legislative Council
QuestionView source ↗
I refer to the Children and Community Services Amendment Regulations 2022 , and I ask: (a) what
was the catalyst for bringing about these amendments to the regulations; (b) who
was consulted prior to these amendment regulations being finalised; (c) did
any person consulted raise any concerns; (d) if
yes to (c), what were these concerns; (e) have
the finalised amendment regulations addressed these concerns; and (f) if
no to (e), why not?
was the catalyst for bringing about these amendments to the regulations; (b) who
was consulted prior to these amendment regulations being finalised; (c) did
any person consulted raise any concerns; (d) if
yes to (c), what were these concerns; (e) have
the finalised amendment regulations addressed these concerns; and (f) if
no to (e), why not?
AnswerView source ↗
Answered
14 June 2022
Responded by
Leader of the House representing the Minister for Child Protection
Response time
7 days
a) Commencement of the relevant sections of the Children and Community Services Amendment Act 2021 on 1 May 2022 required concurrent commencement of amendments to the regulations.
b) Consultation was undertaken with the below stakeholders where relevant to the regulations:
The Regulation 23 consultation draft was also provided to Aboriginal representatives on the Aboriginal Family Led Decision Making Pilot Implementation Group including Aboriginal Legal Service, the Australian Childhood Foundation, Curtin University and Department of Health.
c) Yes.
d) The following two concerns were raised during the consultation process:
e) No.
f) In respect of the first concern, such a requirement, alongside the other requirements of Regulation 23, would unreasonably limit the extent to which organisations or individuals would be eligible to prepare the required court report and therefore the ability of the Chief Executive Officer of the Department of Communities to provide the requisite report to the Court.
In respect of the second concern, there may be cases where the circumstances of the particular child warrant a report by individuals with expertise that is not otherwise available within the pool of eligible Aboriginal organisations. This would have the effect of excluding, for example, Aboriginal psychologists with expertise in children with disability or special needs.
b) Consultation was undertaken with the below stakeholders where relevant to the regulations:
The Regulation 23 consultation draft was also provided to Aboriginal representatives on the Aboriginal Family Led Decision Making Pilot Implementation Group including Aboriginal Legal Service, the Australian Childhood Foundation, Curtin University and Department of Health.
c) Yes.
d) The following two concerns were raised during the consultation process:
e) No.
f) In respect of the first concern, such a requirement, alongside the other requirements of Regulation 23, would unreasonably limit the extent to which organisations or individuals would be eligible to prepare the required court report and therefore the ability of the Chief Executive Officer of the Department of Communities to provide the requisite report to the Court.
In respect of the second concern, there may be cases where the circumstances of the particular child warrant a report by individuals with expertise that is not otherwise available within the pool of eligible Aboriginal organisations. This would have the effect of excluding, for example, Aboriginal psychologists with expertise in children with disability or special needs.
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