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The Indigenous Child Placement Principle
Audit 2012-13

The Commission’s role in auditing compliance with the Indigenous Child Placement Principle

The Commission has a legislated oversight role to monitor and audit the Department of Communities, Child Safety and Disability Services’ compliance with section 83 of the Child Protection Act 1999, which prescribes a decision-making process for placing Aboriginal and Torres Strait Islander children and young people in out-of-home care and is commonly referred to as the Indigenous Child Placement Principle.

The Indigenous Child Placement Principle evolved in the 1970s as a response to concerns about the over-representation of Indigenous children in out-of-home care and Indigenous children being placed in non-Indigenous care. These issues were directly linked to the past assimilation, protection and integration policies of Australian governments.

The driver of the principle is the desire for Aboriginal and Torres Strait Islander children and young people to be raised within, or in connection with, their own family, community and culture when they are no longer able to remain safely in the care of their biological parents. The placement process to achieve this remains subject to the overriding consideration that all decisions must be made in the best interests of the child.

History of the Indigenous Child Placement Principle Audits

The Commission conducted its inaugural audit of compliance with section 83 of the Child Protection Act 1999 in 2008 and published the Indigenous Child Placement Principle Audit Report 2008. The second audit of compliance with section 83 of the Child Protection Act 1999, the Indigenous Child Placement Principle Audit Report 2010/11, was completed in 2011.

In total, the reports made 38 recommendations to the former Department of Child Safety (responsible for administration of the Child Protection Act 1999 in 2008), and the Department of Communities (responsible for administration of the Child Protection Act 1999 in 2011) to improve compliance with section 83 of the Child Protection Act 1999. The recommendations were aimed at enhancing departmental policies, procedures and systems relating to decision-making and information capture in accordance with section 83 of the Child Protection Act 1999, and to improve cultural outcomes for Aboriginal and Torres Strait Islander children and young people in out-of-home care.

As a result of recommendations made in the Commission reports, the Department of Communities, Child Safety and Disability Services has implemented a number of reforms. However, some recommendations remain outstanding.

The current audit

The Commission has commenced its third audit of compliance with section 83 of the Child Protection Act 1999. The audit has four key components:

  1. Monitoring the implementation of recommendations made in the prior two audits.
  2. Assessing the Department of Communities, Child Safety and Disability Services’ compliance with section 83 of the Child Protection Act 1999
  3. Reviewing the Department of Communities, Child Safety and Disability Services’ development of Cultural Support Plans for Aboriginal and Torres Strait Islander children and young people in out-of-home care
  4. Capturing and reporting the outcomes of Aboriginal and Torres Strait Islander children and young people in out-of-home care relevant to maintaining their connection to family, community and culture (as intended by the Indigenous Child Placement Principle).

Progress update

The Commission has established an Advisory Committee for the current audit, under section 149(c) of the Commission for Children and Young People and Child Guardian Act 2000.

An Advisory Committee was established for the Indigenous Child Placement Principle Audit 2010-11, as a formal and transparent mechanism for consulting with and obtaining advice from external experts about the implementation of the Indigenous Child Placement Principle. Specifically, the inclusion of the Advisory Committee greatly informed the following:

  • Discussion and endorsement of audit methodology by audit parties
  • Assistance in information gathering
  • Provision of contextual information about the issues relating to the Child Placement Principle, and
  • Testing and endorsement of recommendations.

The current Advisory Committee is expected to meet twice during the audit. The membership includes academic Bill Ivinson and representatives from:

  • Queensland Aboriginal and Torres Strait Islander Child Protection Peak (QATSICPP) Ltd
  • The Aboriginal and Torres Strait Islander Legal Service (ATSILS)
  • Foster Care Queensland (FCQ), and
  • Department of Communities, Child Safety and Disability Services

The Advisory Committee will be chaired by the Commission.

Last Updated:February 12, 2013

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The State of Queensland (Commission for Children and Young People and Child Guardian) 2011