Page 4182 - Week 10 - Tuesday, 21 September 2010
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MS HUNTER (Ginninderra—Parliamentary Convenor, ACT Greens) (11.12): I would like to thank the minister for bringing this bill to the Assembly. The Children and Young People Act 2008 is a very large and specific piece of legislation that covers the entire spectrum of life for a child or young person in the ACT from birth to 18 years of age. The purpose of the act is to maintain the wellbeing and safety of children and young people. As we know and have discussed regularly in this place, the protection and wellbeing of our children is of vital importance. It incorporates families, schools, childcare, health care and the wider community.
This bill, as other members have noted, has been presented to provide clarity about four sections of the Children and Young People Act 2008. The sections referred to mandated reporters regarding home education and decision making by persons with daily care responsibilities for children and young people on the advice of dental therapists and dentists. The changes also identify amendments to the provision of annual review reports for children and young people on reviewable care and protection orders and the provision of sensitive information to parties to a proceeding.
Since the enactment of the Children and Young People Act in 2008 there have been several amendments to the legislation. Given the size and scope of this document, it is not unreasonable to expect that the government will have to make changes to the legislation to aid in the implementation of the laws, always keeping in mind the best interests of the child. The daily care and responsibility for children and young people is an important job and one that we need to support. The changes to section 19(2)(c) will allow dental therapists and dentists to advise people with daily care responsibility for a child or young person under the act. This amendment also allows the people with daily care responsibilities to consent to the treatment as advised. In general, these people are foster carers, kinship carers and residential carers.
This amendment is similar to legislation in New South Wales which allows carers to give permission for dental care and minor dental surgery. This amendment will allow children and young people in the ACT access to dental treatment in a timely manner. Section 19(6) requires that the term “dental therapist” be defined and the parameters of the registration limitations they have within their role.
Mandatory reporting is a very important tool used in our community to help keep children and young people safe. Currently in the Children and Young People Act 2008, a person providing education to a child or young person who is registered or provisionally registered for home education under the Education Act 2004 is mandated to report to the chief executive any suspicions they may have if the person believes on reasonable grounds that a child or young person has experienced or is experiencing either sexual abuse or non-accidental physical injury. The Education Act 2004 states that the parents of a child apply in writing to the chief executive for registration for home education.
The issue here is that the parent who is providing home education is not necessarily the best person to have mandatory reporting requirements. Amending this section aims to provide increased protection to children and young people by giving those who are authorised under the Education Act 2004 to inspect home education programs,
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