Page 3928 - Week 12 - Tuesday, 29 November 2022

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In acknowledgement that there are systemic issues affecting the lives of Aboriginal and Torres Strait Islander children in the ACT, the bill also includes functions and powers for the commissioner to undertake systemic advocacy. Co-design participants advised that systemic advocacy is an important element in promoting systems change, both within specific systems and across systems as part of a holistic and coordinated approach. The commissioner will be able to advocate on behalf of Aboriginal and Torres Strait Islander children and young people collectively, including through the conduct of an inquiry into any matters relating to systemic issues that affect or may affect the rights, development, safety and wellbeing of this cohort.

The commissioner will play an important role as part of the human rights protection framework in the ACT. In doing so, the commissioner will bring to this role a unique cultural perspective and deep understanding of the issues affecting Aboriginal and Torres Strait Islander peoples consistent with the principles of self-determination. That self-determination is part of what makes this role distinct from existing statutory roles in the ACT.

The requirements in the bill for the commissioner and their staff to engage regularly with the community, and consult children, young people and their families and report annually on their operations, will support the development of strong links to the local Aboriginal and Torres Strait Islander community. This engagement will ensure that the commissioner is working in the most beneficial way possible, responding to the priorities of the community, and forms part of the distinct character of this role.

Madam Speaker, for the benefit of all, I want to reiterate again that the establishing legislation for the Aboriginal and Torres Strait Islander Children and Young People Commissioner makes it clear that the commissioner has a function to intervene on behalf of Aboriginal and Torres Strait Islander children and young people in relation to decisions that will affect their rights or interests, including in relevant court proceedings. The bill amends relevant legislation to provide for that.

I am proud to be progressing this reform as part of the government’s commitment to implementing the Our Booris, Our Way recommendations. I know for many in the community, it has been too long. The establishment of the Aboriginal and Torres Strait Islander Children and Young People Commissioner is part of a suite of community-driven reforms to address the over-representation of First Nations children in the child protection system and to improve the wellbeing of this cohort, informed by a human rights framework.

This is an historic moment, but this is, of course, when the most important work now begins. I look forward to continuing to engage with the Aboriginal and Torres Strait Islander community on the implementation of this critical reform.

Finally, I thank officials from the Justice and Community Safety Directorate, who have provided the support and facilitated the engagement to ensure that this is a bill which responds to and meets the needs of the community. I thank colleagues in the Community Services Directorate and Minister Stephen-Smith, who are working with us so collaboratively. Thanks also to the Parliamentary Counsel’s Office, for their efforts in drafting this thorough and extensive bill. I commend this bill to the Assembly.


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