Page 359 - Week 02 - Thursday, 8 March 2007
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The Liberal opposition is satisfied that procedures would be undertaken such that any pregnant woman would be allowed the right to access or not access government assistance. However, it is encouraging that the chief executive has proportionate powers to intervene, with justifiable limits, to ensure that every effort is made to reduce any likelihood of future abuse or neglect of a child.
On a personal note, I commend the minister, the departmental officials and members of the minister’s office for highlighting this serious issue and implementing some clear legislative measures that further protect a mother and her unborn child where they may be vulnerable.
Finally, I look forward to a continued positive working relationship between me and the minister and between her office and my office in relation to further changes to legislation that affect our society’s most vulnerable—that is, children.
DR FOSKEY (Molonglo) (11.40): While I remember it, I want to echo Mrs Burke’s thanks to members and to staff in the minister’s office; my office has benefited from ready access to those people as well. That is always much appreciated.
I will be supporting the Children and Young People’s Amendment Bill 2006 (No 2) because I believe it brings greater human rights responsibilities into the Quamby search processes and deals with the issue of prenatal reporting in a manner that respects both mother and unborn child.
The subject of prenatal reporting and the services which should be provided to expectant mothers who are alleged to have drug and alcohol problems is a sensitive issue; it strikes issues of privacy and a person’s right to bodily integrity. In 2006 national clinical guidelines on the management of mothers using drugs during pregnancy, birth and early childhood were developed and released. These were hailed as a welcome step forward. However, more research is required in order to move from consensus to evidence-based guidelines. Until the evidence becomes clearer, I believe that the ACT government has taken a careful approach that appears to be in line with human rights principles: while it recognises the risks to the unborn child, it also ensures that the response by government services has the mother’s consent, is proportionate and is least restrictive.
The Murray-Mackie report showed us how tragic some of the circumstances for infants can be. It is important that services are provided to assist these mothers and their close family and friends. However, it must be done using a partnership approach: we already face a situation where expectant mothers with drug and alcohol problems tend to engage with antenatal services much later than others, due to their fear of having their child removed by welfare services upon birth. Such a situation does little to minimise the harm to the health of the mother and the unborn child. By ensuring that intervention cannot occur at this prenatal stage without the mother’s consent, there is greater potential for a partnership approach and a hope that, by working together, the drug and alcohol problems can be alleviated before the birth of the child, to safeguard the health of the child and the mother and to ensure the best chances for the parent and child.
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