Page 4732 - Week 11 - Thursday, 20 October 2011

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That is the case. The government accepts the responsibility. Whether that satisfies you about what you believe is the appropriate response to that, my view is that the responsibility is that once those issues are identified you get on with fixing it. That is exactly what Minister Burch has been doing and will continue to do, as is the case with any issues that are identified in the portfolio.

If Mr Seselja is suggesting here that there will never be any issues in the directorate, or any directorate, that ever need fixing or intervention—he has been in opposition a long time. There are always issues that need to be responded to, and ministers have responsibilities.

Minister Burch has acted to fulfil her responsibilities as a minister. I am very clear on that and I have looked at this very closely. The responsibility now is to ensure that any learnings we can take from the Public Advocate’s report and from other views looking at the specific situation are followed and implemented as quickly as possible.

MR SPEAKER: Supplementary, Mr Smith.

MR SMYTH: Yes, thank you, Mr Speaker. Minister, given your answer that you accept that the directorates act on behalf of the government, isn’t it therefore true that when the directorate breaks the law the minister also breaks the law—indeed the government breaks the law?

MS GALLAGHER: As I said yesterday, the government is taking further advice on this matter. We do not accept at this point in time on the information available to us that there have, as Mr Smyth has said, been 24 breaches of the law. The government is required to take further advice. We are in the middle of receiving that advice and when that advice is available we will be making, or the minister will be making, a statement to the Assembly.

Certainly I take responsibility for all matters that fall within the purview of the ACT government. The responsibility here needs to be to get on and make sure the care and protection system continues to improve and respond to the needs of the children and the families it seeks to serve. There are very clear statutory responsibilities under the Children and Young People Act that provide for certain powers for the territory parent as a statutory position. Ministers do not place children. Ministers do not remove children. Ministers do not organise placements. Ministers do not determine decisions—just as other members in this place should not. There are very clear responsibilities. The responsibilities of the government are to respond and implement change where it is required, and that is exactly what we are doing.

MR HARGREAVES: A supplementary, Mr Speaker.

MR SPEAKER: Yes, Mr Hargreaves.

MR HARGREAVES: To the Chief Minister: did Ms Vardon indicate that the continued politicisation of this particular subject will undermine confidence in the service?


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