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Protecting Children is Everyone's Business

Appendix A: Current initiatives and reforms


The process followed by child protection agencies to deal with concerns about children involves: These actions are defined in legislation and policy. Certain legislative principles are common to all: In the last decade all State and Territory care and protection systems have undergone major reviews. In most, but not all case, reviews have been triggered by revelations of severe abuse and/or death of children in State care. There are a number of reforms which are common to all systems: Today, while many of the challenges have been tackled. A number remain,these include:
The National Framework for Protecting Australia's Children will align with existing initiatives and reforms. Some of the current Australian, State and Territory key reforms and initiatives are described. Further mapping and alignment will take part throughout the life of the National Framework.

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AUSTRALIAN CAPITAL TERRITORY


Agency functions


The functions of the ACT Department of Disability, Housing and Community Services cover care and protection of children at-risk of harm, youth justice, early intervention services, out-of-home care services, Indigenous policy and programs, adoption, children's services, therapy services for children, disability services, women's policy, disaster

Care and protection services are delivered from a centralised location which operates intake, assessment using a differential response model, substantiation and referral functions. Two regional Child and Family Centres offer midwifery baby health clinics, targeted playgroups, parenting skills development programs, and case management for vulnerable families. Outposted child protection officers, located in the two Child and Family Centres, work collaboratively with the government and non-government sector to provide early intervention services. The Department funds a number of home care agencies and sets standards and regulates their operations.

The Office for Children, Youth and Family Support (OCYFS) and the non-government sector provide an Integrated Family Support Project (IFSP). The IFSP is a joint initiative between the ACT Government, Australian Government and the non-government sector across the ACT targeting children under 8 years and their families who have multiple and emerging difficulties. The aim of the project is to divert families from the statutory system and prevent re-entry using a case coordination framework.

Major recent and planned reforms



Reforms since 2000


A review of child protection services in the ACT in 2004 led to the Government adopting andimplementing a 3 year reform program from August 2004, in which the primary goals were:

Practical measures to achieve these goals have included:

Reforms for the future




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NEW SOUTH WALES


Agency functions


The NSW Department of Community Services (DoCS) functions cover care and protection ofchildren at-risk of harm, early intervention services, out-of-home care services, adoption, children's services, disaster recovery, and services to homeless people. DoCS' services are available through 7 regional offices and 86 community services centres across the state.

Major recent and planned reforms


Following the Special Commission of Inquiry into Child Protection Services in NSW,the NSWGovernment response,Keep Them Safe: a shared approach to child wellbeing 2009-2014 was released on 3 March 2009. Keep Them Safe is a five-year action plan that aims to build a stronger,more effective child protection system in NSW.

A key objective of Keep Them Safe is to create an integrated system that supports vulnerable children, young people and their families. This includes the establishment of new reporting and referral arrangements to allow families to access appropriate services from government agencies and non-government services without having to come in contact with the statutory child protection system. The establishment of alternative service pathways is a similar approach to that adopted by some other jurisdictions, including Victoria.

Key reforms contained within the NSW Government action plan include:

Reforms since 2000


The Children and Young Persons (Care and Protection) Act 1998 was implemented in stages from 2000, and reviewed in 2005-2006.
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NORTHERN TERRITORY


Agency functions


The Department of Health and Families includes the Northern Territory Families and Children's Division (NTFC), the responsible agency in the Northern Territory for child protection, out-ofhome care, family and parenting support, support for individuals and families in crisis including those who are homeless or at-risk of homelessness, women's policy, victims of domestic or family violence or sexual assault, youth services including youth diversion services, and adoption. Mandatory reporting is universal in the Northern Territory. This contrasts with all but one other jurisdiction, where only specified categories of employees are required by law to report child abuse.

The Care and Protection of Children Act 2007 provides the legal framework for care and protection services, screening for child related employment, employment of children, prevention of child deaths and regulation of children's services, and establishes a Child Death Review Committee and the post of Children's Commissioner. The Act requires decisions to be made in the best interests of the child, and describes the considerations that apply in making such a decision. The Act requires children to be treated with respect and to participate in decisions affecting them. Specific provisions relate to the treatment and placement of Aboriginal children. The Act provides for access to support for young people leaving care up to age 25.

Major recent and planned reforms



Reforms since 2000


The child protection system in the NT has undergone significant change since 2003 when the Caring for Our Children reform agenda was announced. Two critical elements of this reform agenda were the introduction of new legislation and the development of different responses to vulnerable children and families through the implementation of a Differential Response Framework.

In 2006 the Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse (the Inquiry) was established by the Northern Territory Government. The Inquiry's subsequent report (Anderson & Wild 2007) - the Little Children are Sacred report - supported legislative and systemic reforms in the NT as critical child protection measures. Report recommendations focused on the priority action areas including:

In response,the NT Government developed a generational plan of action (Closing the Gap) tocombat Indigenous disadvantage, with funding of $286.43 million over 5 years for initiativesacross child protection, family violence, policing, justice, alcohol and drugs, health, housing,education,jobs,andculture.Since2007,theAustralianGovernmentNorthernTerritory Emergency Response (NTER) and the Northern Territory Government's responses through Closing the Gap have contributed to the strength and direction of reforms in the child protection system.

Major provisions of the Care and Protection of Children Act 2007(CPCA)wereintroducedinlate 2008.This legislation makes provision for the development of many new initiatives including:
In addition the CPCA provides the legislative basis for increased interagency collaboration in child protection by supporting the sharing of information between agencies and the development of different responses to child protection reports. The NT Differential Response Framework (the Framework) envisages low risk high needs families being referred to support agencies rather than being the subject of forensic child protection investigation. The Framework is being rolled out in a number of NT centres through the funding and establishing of Targeted Family Support Services (TFSS) to respond to the needs of these families.

The development of Aboriginal Child Protection and Family Support Services by Aboriginal agencies is a key focus in the NT's reforms and in particular the Northern Territory Government has focused on supporting Aboriginal agencies to develop TFSSs. Additionally, Remote Aboriginal Family and Community Workers are being based in a number of major remote Aboriginal communities. NTFC is undertaking a place-based approach to the development and delivery of services for families in remote communities and is planning to engage with communities to ensure that new services meet the needs of the community and that NTFC funded services are linked up with services in the areas of child care and health.

Forensic responses have been strengthened through the establishment and ongoing development of co-located NTFC/Police teams, mobile response teams, and increasing resources within child protection offices including stronger risk management and decision making frameworks for child protection and out-of-home care (OOHC) through the introduction of a suite of assessment and decision making tools

More therapeutic responses and a greater range of options for children in OOHC are being developed through the provision of Specialist Care placements, therapeutic services to children in care and the development of secure care options in line with the OOHC Strategic Plan.

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QUEENSLAND


Agency functions


The Department of Communities includes Child Safety Services, which provides statutory child protection services delivered under the Child Protection Act 1999, foster and kinship care and adoption services and has 49 metropolitan and regional Child Safety Service Centres.

The Department of Communities includes Community Services, which has responsibility fordelivering early intervention and family support services.

Major recent and planned reforms



Reforms since 2000



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SOUTH AUSTRALIA


Agency functions


The South Australia Department for Families and Communities (DFC) is responsible for childprotection, family support, out-of-home care, young offenders, adoption, refugee children,support to families in poverty, and disaster recovery. Services are delivered through 18 districtcentres across three regions.

The safety and wellbeing of children is considered a shared community responsibility. Accordingly, government continues to work towards greater collaboration between government agencies (particularly health, education and police), with the non-government sector and with families.

Major Recent and Planned Reforms



Reforms since 2000


In 2002, the government commissioned Robyn Layton, QC, to conduct a Review of Child Protection in South Australia.

The Government responded to the recommendations of the Review with Keeping Them Safe: the South Australian Government's child protection reform program. The reform agenda prioritises children's safety and wellbeing and promotes greater collaboration between government agencies, with the non-government sector and with families. The program included amendments to the Children's Protection Act 1993 (proclaimed in 2006) that were proclaimed in 2006 that:
In 2005 South Australia established Rapid Response: Whole of Government Services - a Framework and Action Plan with the aim of ensuring that children and young people under the guardianship of the Minister for Families and Communities receive the supports and services available to those with strong family networks through priority access to government funded services. Part of the focus of Rapid Response is the provision of transition planning from care, including the provision of post Guardianship supports and services.

In 2008 $192 million was committed over four years to the Keeping Them Safe - In Our Care strategy. It emphasises early intervention, early years services, whole child within family context, and 'joined up' government responses. Reforms through the Stronger Families Safer Children program emphasise strengthening families and keeping them together wherever possible; tackling problems and building capacity in families; providing stable, high-quality care; individualised and integrated care plans; taking better care of children with complex needs; training carers and keeping them informed; better remunerating carers; and helping grandparent carers access services for children.

Policies, procedures, practice frameworks and practice guidelines are undergoing considerable review and development across all aspects of the care and protection process to support the substantial reforms.

Aboriginal-specific initiatives include:

In April 2008 SA Parliament received the Children in State Care Commission of Inquiry Report (the Mullighan report) on abuse of children in care from Commissioner The Hon E.P. Mullighan QC. The Government responded initially with services for survivors of abuse and neglect and made compensation available to adult victims. Commissioner Mullighan also investigated allegations of child sexual abuse on the APY lands. The Government is progressing responses to Commissioner Mullighan's recommendations including proposals for legislative reform.

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TASMANIA


Agency functions


The responsibilities of the Department of Health and Human Services (DHHS) cover a broad range of services including both acute and primary health care as well as mental health and drug and alcohol services, and human services. Human Services comprise Housing Tasmania and Disability, Child, Youth and Family Services, which are delivered through four area offices. As part of a staged reform process commencing in 2009 some human services will be delivered by the non-government sector. Ongoing partnership arrangements between the Department and service providers will ensure that services are coordinated with a client focus and quality assured.

The Tasmanian Government both provides and funds a range of services to ensure that children and families are supported, particularly in the early years. These are delivered through the universal Child Health and Parenting Services (DHHS); the Department of Education (Launching into Learning); and an array of non-government organisations. Tasmania recognises the need to strengthen parenting capacity and family functioning, as well as the importance of early intervention and the need to monitor any potential for cumulative harm in family circumstances that are less than ideal.

As well as this, the Children, Young Persons and Their Families Act 1997 mandates that all adults have a responsibility to report suspected abuse or neglect of a child; and certain 'prescribed persons', such as health sector staff, teachers, people who work with children, must report concerns or face a penalty. The legislation describes the safety and wellbeing of children as a shared community responsibility; has a focus on taking on the viewpoint of the child; and includes principles of the best interests of the child and Aboriginal placement.

This legislation is complemented by the Safe at Home Program, an integrated whole of Government response to family violence in Tasmania. Safe at Home is enabled by the provisions of the Family Violence Act 2004. In 2008 the Tasmanian Safe at Home Program was the National Winner of the Australian Crime and Prevention Award.

The Tasmanian Commissioner for Children examines legislation, policy and practices that affect the health, welfare, care, protection and development of all children to help ensure they operate in the best interests of the child. Children includes all children and young people under the age of 18 years.

A series of recent reviews revealed a system with limited capacity to respond to the needs of children, young people and families. Services were not reflecting current research findings about early brain development and the need for a focus on prevention and early intervention to alleviate the stress on the tertiary system. As a result, Tasmania wanted to adopt well researched, outcome-focused service models from other jurisdictions.

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Major recent and planned reforms



Reforms since 2000


The primary aims of Tasmania's reforms have been to meet the needs of children, young people and their families; to identify and support children and young people at the highest risk of abuse or neglect; to be culturally responsive and strengths and evidence based; and to build a more responsive system through greater use of non-government family services.

Four regional service centres have been created to replace the centralised intake. Each service centre is required to develop a network of service supports building on existing resources (health services, schools, police etc.). Over time these service centres and networks will integrate with the Community Gateways providing a community intake point for children and young people at-risk. A co-located child protection worker will assist with this process.

The aim of the coordinated children and family services is to:
Because of the overall focus outlined above, Child Protection Services is able to target the more serious cases of abuse and neglect. Further, in 2008 Child Protection Services adopted a response model which reorientates staff into three teams: intake, response and case management. Intake has been decentralised to each area and intake teams work with senior child protection staff to determine which cases require a child protection response, while the response team is required to conduct an assessment of the risk to children in a way that is timely (completed within four weeks).

A five-year reform plan for out-of-home care services commenced in 2008 and includes:
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VICTORIA


Agency functions


The Victorian Government has a progressive and ambitious reform agenda for Victorian child and family services. Developed in close partnership with Victorian community service organisations, the Every Child Every Chance reforms have focused on putting children and young people first, the goal being to ensure that vulnerable children and young people thrive, learn and grow and are respected and valued so that they can become effective adults. The reforms are underpinned by a commitment to best practice. They have been informed by contemporary national and international research and innovative approaches to strengthening vulnerable families, protecting children and young people and promoting vulnerable children's healthy development, safety and wellbeing - learning that has been tailored to Victorian circumstances and needs.

Victoria's approach recognises that all children need capable, nurturing parents and a caring child and family friendly community. The reforms emphasise the importance of supporting parents to play this role. Where parents experience stresses that impact on their care of children, Victoria's first goal is always to work supportively with them to keep families together. If children cannot live safely at home, work is undertaken intensively with their parents to address problems, build resilience and enable a child to return home safely as quickly as possible. Where this is not possible, the goal is to ensure that children experience stable and high-quality alternative care. Victoria's approach recognises that the protection of children cannot be separated from policies and programs to improve children's lives as a whole.

Major recent and planned reforms


Enshrining children's best interests at the heart of all decision making


Building an integrated service system that is more localised, better coordinated and is responsive to family needs
Reforms to assist Aboriginal children and families
Children in out-of-home care - improving children's stability
A new response to children aged 10-15 exhibiting sexually abusive behaviour
The Victorian reforms have so far contributed to a 7.2 per cent drop in substantiated abuse between 1999-00 and 2006-07 while substantiation rates have risen 143 per cent nationally.

Reforms since 2000


The continued progress of Victoria's broad reforms includes:
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WESTERN AUSTRALIA


Agency functions


The Department for Child Protection's mission is to provide for the protection of and care for children and young people, and to support at-risk individuals and families in resolving crises. The Department has the central role in providing for the protection and care of children and young people throughout Western Australia, which is best achieved in partnership with other Government agencies and the community services sector.

Section 21(1)a of the Children and Community Services Act 2004 describes the functions of the Chief Executive Officer of the Department for Child Protection as including to consider and initiate, or assist in, the provision of social services to children, other individuals, families and communities. Directing and encouraging children and families to engage in social services to best address their problems is one of the primary objects of the legislation.

As part of, and in addition to, its statutory functions, the Department for Child Protection provides core service funding to the community services sector to respond to the issues and challenges faced by vulnerable children, families and individuals. This partnership enables a wide range of services and programs to be delivered throughout the State.

The 2007 Ford Review examined the key functions and systems of the former Department for Community Development, resulting in a significant focus on child protection reform in Western Australia. The Ford Review made 79 recommendations to address deficits in the child protection system, and each has been addressed through a comprehensive reform program. Following the Ford Review, the following three service areas were defined by the Department for Child Protection:
  1. Supporting children and young people in the CEO's care.
  2. Protecting children and young people from abuse.
  3. Supporting individuals and families at-risk or in crisis.

These areas reflect the priority that the Department has placed on its protection and care responsibilities through the direct provision of tertiary services. It is important to recognise as well that it also has responsibility in supporting individuals and families at-risk or in crisis through the delivery or contracting of secondary services.

The Department works across government and the community services sector to prevent child abuse and neglect. This is achieved through interagency collaboration and promoting joint responsibility with key stakeholders for responding to concerns about children's safety and wellbeing.

Major recent reforms


The Department is adopting and implementing the Signs of Safety framework as the basis of consistent, evidence-based child protection practice across all Departmental child protection services. Signs of Safety seeks to create a more constructive culture around child protection organisation and practice. Central to this approach is the use of specific practice tools and processes where child protection and other professionals and family members can engage to address situations of child abuse and neglect.

Child protection practice policy and field worker guidelines are being streamlined and revised to reduce unnecessary processes and be more accessible and relevant for front line practitioners. On 1 January 2009, mandatory reporting of child sexual abuse by teachers, doctors, nurses, midwives and police officers came into effect.

The Department's Foster Care Partnership was developed in partnership with the Foster Care Association. It encompasses a partnership model and associated practice guidelines. The model is centred first on the child, and second, highlights the critical role of the foster family team in providing daily protection and nurture to the foster child. The third element of the model is the surrounding, encompassing role of the Department care team supporting the foster placement. The introduction of health and education plans for children in care is underway. All children who enter care will be screened for physical, developmental and educational difficulties. Once their needs have been assessed, a plan to address these needs will be put into place and monitored on a regular basis.

A Strategic Framework and State Plan for Supporting Individuals and Families At-risk is being developed, to bring together the significant range of secondary services that the Department and other government agencies directly provide or fund through the community services sector. A framework that spans current and future directions will help to improve the planning and provision of services, and remain responsive to the community's needs. A family and domestic violence co-location model places Senior Field Workers (Family and Domestic Violence) with the Police Service to improve screening, information sharing and expedite responses.

A range of initiatives to improve the safety and wellbeing of Aboriginal children and young people in the child protection system are being implemented. They include the creation of Consultants' Aboriginal Services to assist caseworkers to work more effectively with Aboriginal families, and integrating Aboriginal perspectives through the Department's learning framework. Educational resources and guidelines to promote information sharing between as provided for under S23 of the Children and Community Services Act 2004 are being introduced together with a simple model for local Interagency Child Safety Teams.

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Reforms since 2000


Organisational arrangements
Aboriginal services
Care standards
Interagency developments
Workforce
  1. Victoria led the way for other jurisdictions in this regard, when its research showed that 1 in 5 Victorian children would be reported to child protection authorities if the trends in notifications of recent years were allowed to continue (ChildFIRST program in Victoria).
  2. In this context, it should be noted that neglect is by far the biggest causal factor for involvement in the child protection system for all children.

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