1. ANTaR Queensland acknowledges the Traditional Owners of the lands on which Queensland is
situated.
Submission
To: Department of Communities, Child Safety and Disability Services
Date: 16 December 2016
Topic: The next chapter in child protection legislation for Queensland -
Options paper – Public Consultation
ANTaR Queensland (AQ) is an independent advocacy organisation that works for rights,
justice and reconciliation with Aboriginal and Torres Strait Islander peoples. AQ has been
working on the issue of over-representation of Aboriginal and Torres Strait Islander children
in out of home care as one of its most recent campaigns. We have attended various forums
and met with key stakeholders, and community members. ANTaR Qld has also signed the
Family Matters Statement of Commitment as a Strategic Alliance Member and welcomes
the opportunity to assist in reducing the disproportionate representation of Aboriginal and
Torres Strait Islander children and families in the child protection system in Queensland
AQ is therefore pleased to provide a submission to the Department of Communities, Child
Safety and Disability Services (the DCCSDS) outlining our research, feedback and
recommendations relating to the next chapter in child protection legislation for Queensland
- Options paper.
Yours sincerely
Sammi Lillie
ANTaR Queensland Inc.

2. ANTaR Qld submission in response to CPA Options Paper 2016
Page 2 of 14
1. A broader purpose and strengthened principles
AQ supports Option 1A:
To broaden the current purpose of the Child Protection Act 1999 (the CPA) to recognise the
need for across government support to assist parents, families and communities in the
provision and promotion of culturally appropriate wellbeing, care and protection for
children.
Currently the purpose of the CPA is narrow in its focus and does not articulate an across
government responsibility to support families prior to child protection intervention. As the
National Framework for Protecting Australia’s Children 2009-2020 (the National Framework)
states ‘Australia needs to move from seeing ‘protecting children’ merely as a response to
abuse and neglect to one of promoting the safety and wellbeing of children’ (Council of
Australian Governments [COAG] 2009, p. 7). The broadening of the CPA would align with
this recommendation. It is also well documented that the majority of funding is directed
towards the tertiary end of responses within the child protection system both nationally
(Secretariat for National Aboriginal and Islander Child Care [SNAICC] 2016) and at state level
(Queensland Aboriginal and Torres Strait Islander Child Protection Peak [QATSICPP] 2016).
Again with the broadening of the CPA’s purpose, universal and secondary levels of support
should receive the attention and funding required, aligning with the National Framework’s
recommended public health model (COAG 2009). Given the range of socio-economic
challenges Aboriginal and Torres Strait Islander families are often faced with, the move to a
greater focus and funding of culturally appropriate universal services comprising housing,
health, education, parenting services, early childhood and income support systems is
imperative and requires a response that is beyond the area of child protection and
proportionately appropriate (QATSICPP 2016). Lastly, given that the prevention of child
protection intervention is one of the key elements of the Aboriginal and Torres Strait
Islander Child Placement Principle (ATSICPP) (Tilbury et al. 2013) and that the removal of
children should be the last resort, is a recommendation of the Bringing Them Home Report
(Human Rights and Equal Opportunity Commission [HREOC] 1997) the CPA’s purpose must

3. ANTaR Qld submission in response to CPA Options Paper 2016
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broaden its current narrow focus beyond “protection” to better support these critical
points.
AQ recommends the purpose of the CPA be broadened with wording reflecting the need
for across government support to assist parents, families and communities in the
provision and promotion of culturally appropriate wellbeing, care and protection for
children.

4. ANTaR Qld submission in response to CPA Options Paper 2016
Page 4 of 14
AQ supports Option 1C:
Introducing specific matters to be considered in determining what is in a child’s best
interests now and throughout their lives, including matters for consideration in determining
best interests for an Aboriginal and Torres Strait Islander child
Currently the CPA does not provide guidance as to what is in the best interest of the child
(BIC), is focussed primarily on the child’s immediate needs and does not satisfactorily
address the best interests of Aboriginal and Torres Strait Islander children. Other legislation
including the Family Law Act 1975 (Commonwealth) the Children and Young People Act
2008 (ACT), Children, Youth and Families Act 2005 (Vic) and the Care and Protection of
Children Act 2007 (NT) offer a non-exhaustive list of matters to consider when determining
what is in the child’s best interest. It has been asserted that this lack of clarity around the
BIC leads to biased decisions (Dias 2014) and as asserted by the Aboriginal and Torres Strait
Islander Legal Services (ATSILS) Qld setting out a list of specific matters to consider would
help alleviate this problem (Duffy 2016). In determining this list, consideration needs to be
given not only to the child’s immediate needs but also long term interests and specific
considerations must be included for Aboriginal and Torres Strait Islander children. Of
particular importance for Aboriginal and Torres Strait Islander children is the inclusion of
wording that reflects the intent of Articles 5, 8.2 and 30 of the Convention on the Rights of
the Child (United Nations 1989).
AQ recommends the provision of a non-exhaustive list of matters for consideration to
provide clearer guidance for decision makers to determine what is not only in the BIC now
but throughout their lives.
AQ recommends the provision of a non-exhaustive list of matters to be determined by
Aboriginal and Torres Strait Islander community members, with respect to the best
interest of Aboriginal and Torres Strait Islander children.

5. ANTaR Qld submission in response to CPA Options Paper 2016
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2. Addressing the disproportionate representation of Aboriginal
and Torres Strait Islander children
AQ supports Option 2B:
Incorporating a new principle that recognises that Aboriginal and Torres Strait Islander
parents, family and kin should participate in a child's care and protection, as far as possible,
and places a responsibility on the department to facilitate this occurring
AQ supports Option 7C:
Clearly recognise Aboriginal tradition and Island custom during the development and
agreement of a care agreement
AQ supports Option 10C:
Provide for collaborative family decision making and Aboriginal and Torres Strait Islander
family-led decision making in the legislation
Currently the CPA does not provide a principle requiring the department to offer the
greatest opportunity for a culturally appropriate range of interested parties to participate in
all decisions relating to the care and protection of an Aboriginal or Torres Strait Islander
child, including the development and agreement of a care agreement. The Victorian
Children, Youth and Families Act 2005 and the New South Wales Children and Young Persons
(Care and Protection) Act 1998 provide comprehensive lists of culturally appropriate parties
to participate in decision making including the child, parents, families, kinship groups,
representative organisations and other appropriate members of the Aboriginal community
as determined by the child's parent. Rather than narrowing the decision making processes
to only include participation and consultation of Recognised Entities the legislation should
allow a broader range of people to participate.
AQ recommends that the new principle should replace existing legislation to include the
following people opportunity to participate in decision making: the child; the parent; the
family; the kinship group; and other appropriate members of the Aboriginal and Torres
Strait Islander community as determined by the child's parent.

6. ANTaR Qld submission in response to CPA Options Paper 2016
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The method of decision making should also be considered within this new principle. Action
4 of the Pathways to Safety and Wellbeing for Aboriginal and Torres Strait Islander Children
Report states that ‘… Aboriginal Family Decision-Making (AFDM) processes [be] available to
all Aboriginal and Torres Strait Islander families at the earliest possible opportunity when
there are child safety concerns’ (Tilbury 2015, p. 19).
AQ recommends that the CPA includes a principle for the decision making process in
relation to Aboriginal and Torres Strait Islander children with wording that reflects the
necessity for decision making to be collaborative and the greatest opportunity provided
for the child; the parent; the family; the kinship group; and other appropriate members of
the Aboriginal and Torres Strait Islander community as determined by the child's parent,
to participate in an AFDM process prior to a decision being made (significant or otherwise)
and or action taken.
The use of the AFDA and the inclusion of a greater range of participants in the decision
making process supports both the ATSICPP’s aim to achieve self-determination and the
ATSICPP’s element of participation.
AQ notes that these recommendations are also consistent with recommendations of the
Queensland Child Protection Commission of Inquiry (QCPCI) (Queensland Government
2013), the Out of home care report (Senate Community Affairs Committee Secretariat
[SCACS] 2015) and the inaugural Family Matters report (SNAICC 2016).

7. ANTaR Qld submission in response to CPA Options Paper 2016
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AQ supports Option 2C:
Introducing additional principles relating to Aboriginal and Torres Strait Islander children to
explicitly recognise the full intent and meaning of the Aboriginal and Torres Strait Islander
Child Placement Principle.
Currently the CPA includes only one of the five elements of the ATSICPP, the hierarchy of
placement options. The original intent of the ATSICPP was ‘… to enhance and preserve
Aboriginal and Torres Strait Islander children's connection to family and community, and
sense of identity and culture’ (Tilbury et al. 2013, p. 7). As further explained by Tilbury et al.
(2013, p. 3) the ‘… placement hierarchy for out of home care is one of a range of
interventions to protect an Aboriginal or Torres Strait Islander child at risk of harm’.
AQ recommends the inclusion of all five elements of the ATSICPP, prevention,
partnership, placement, participation and connection and wording that reflects its
underlying intent.
Additionally the aims of the ATSICPP have been conceptualised by Australia's peak body in
Aboriginal and Torres Strait Islander child care SNAICC as:
‘(1) recognition and protection of the rights of Aboriginal and Torres Strait
Islander children, family members and communities in child welfare
matters; (2) self-determination for Aboriginal and Torres Strait Islander
people in child welfare matters; and (3) reduction in the disproportionate
representation of Aboriginal and Torres Strait Islander children in the child
protection system’. (Tilbury et al. 2013, pp. 6-7)
AQ recommends that the ATSICPP be given greater prominence throughout the CPA with
wording that reflects its three aims.
AQ notes that these recommendations are also consistent with recommendations of the
Royal Commission into Aboriginal Deaths in Custody (RCIADIC) (Johnston 1991), the Bringing
Them Home report (1997), the QCPCI (2013), the National Framework for Protecting

8. ANTaR Qld submission in response to CPA Options Paper 2016
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Australia’s Children Third Three-Year Action Plan 2015-2018 (Commonwealth of Australia
2015), and the Family Matters report (SNAICC 2016).

9. ANTaR Qld submission in response to CPA Options Paper 2016
Page 9 of 14
AQ supports Option 2D:
Introducing explicit recognition of Aboriginal and Torres Strait Islander children’s and
families’ right to self-determination and cultural authority to the fullest extent possible.
Currently the CPA does not contain a principle relating to Aboriginal and Torres Strait
Islander peoples’ rights to self-determination with respect to the care and protection of
their children. The general right to self-determination for Aboriginal and Torres Strait
Islander people is enshrined within the United Nations Declaration on the Rights of
Indigenous Peoples (UNDRIP) (United Nations 2008) and was adopted by the Australian
government in 2009. Recommendations 43a, 43b and 43c of the Bringing Them Home
report (HREOC 1997) specifically address the implementation of self-determination in
relation to the wellbeing of Aboriginal and Torres Strait Islander children. Self-determination
is also one of the three aims of the ATSICPP (Tilbury et al. 2013).
AQ recommends that this right to self-determination be introduced as a recognised
principle within the CPA in accordance with Articles 3 and 4 of the UNDRIP, to reflect the
aims and intent of the ATSICPP and to strengthen new legislation relating to the
delegation of function powers to the chief executive of an Aboriginal or Torres Strait
Islander agency.
AQ notes that this recommendation is also consistent with Key Recommendation 5 from the
Family Matters report (SNAICC 2016).

10. ANTaR Qld submission in response to CPA Options Paper 2016
Page 10 of 14
AQ supports Option 2E:
Including a new power enabling the chief executive to delegate functions and powers in
relation to a child that is the subject of a child protection order to the chief executive of an
Aboriginal or Torres Strait Islander agency
AQ supports Option 9B:
Provide greater flexibility to enable the delegation of case planning responsibilities to
particular nongovernment entities or individuals in the future
AQ supports Option 11C:
Ensure information sharing provisions are flexible to enable the delegation of case
management responsibilities to nongovernment organisations in the future
Currently the CPA does not provide for the delegation of functions and powers in relation to
Aboriginal and Torres Strait Islander children. The issue of greater Aboriginal and Torres
Strait Islander control of Aboriginal and Torres Strait Islander child welfare has been raised
in a number of reports including the RCIADIC (Johnston 1991), the Bringing Them Home
Report (HREOC 1997) and the Inquiry into compliance with the intent of the Aboriginal Child
Placement Principle in Victoria (Jackomos & Buchanan 2016). At the time the QCPCI report
was handed down no recommendation was made by Commissioner Carmody, to delegate
statutory responsibilities to the non-government sector, in the immediate term (Queensland
Government 2013). However three years on, the over-representation of Aboriginal and
Torres Strait Islander children in the Queensland child protection system continues to
escalate and self-determination via greater control is needed now.
AQ recommends, in accordance with the insertion of a new principle in the CPA regarding
self-determination that an enabling power should be included in the CPA to allow for
delegation of decision making authority to the chief executive of an Aboriginal and Torres
Strait Islander agency and that the agency is well funded for this further responsibility for
the long term.
The inclusion of this new power is also consistent with both the aims and the “partnership”
component of the ATSICPP (Tilbury et al. 2013). In order to ensure the ongoing safety and

11. ANTaR Qld submission in response to CPA Options Paper 2016
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wellbeing of a child, relevant quality and safeguard measures would need to be included
and the sharing of information is sufficiently flexible to support the delegation of powers. A
time frame should therefore be implemented for the transfer of powers as capacity and
expertise increases and the proportionately required resourcing of Aboriginal or Torres
Strait Islander agencies to be determined and provided.
AQ recommends that all additional supporting legislative changes be included in the CPA
to allow for delegation of decision making authority to the chief executive of an Aboriginal
and Torres Strait Islander agency including the required sharing of information, and
quality and safeguard measures.

12. ANTaR Qld submission in response to CPA Options Paper 2016
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References
Commonwealth of Australia (Department of Social Services) 2015, National Framework for
Protecting Australia’s Children Third Three-Year Action Plan 2015-2018, Commonwealth of
Australia, Canberra, viewed 14 September 2016,
<https://creativecommons.org/licenses/by/4.0/legalcode>.
Council of Australian Governments (COAG) 2009, Protecting Children is Everyone’s Business:
National Framework for Protecting Australia’s Children 2009-2020, Commonwealth of
Australia, Canberra, viewed 14 September 2016,
<https://www.dss.gov.au/sites/default/files/documents/pac_annual_rpt_0.pdf>.
Dias, N 2014, ‘Best Interests Of The Child Principle In The Context Of Parent Separation Or
Divorce : As Conceptualised By The Community’, doctoral thesis, Edith Cowen University,
Perth, viewed 14 December 2016, < http://ro.ecu.edu.au/theses/1463>.
Duffy, S 2016, ‘Review of the Child Protection Act 1999 (Qld): Submission from ATSILS Qld’
ATSILS Qld, Brisbane.
Human Rights and Equal Opportunity Commission (HREOC), 1997, Bringing Them Home:
National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from
Their Families, viewed 3 June 2015,
<https://www.humanrights.gov.au/sites/default/files/content/pdf/social_justice/bringing_t
hem_home_report.pdf>.
Jackomos, A & Buchanan, L 2016, In the Child’s Best Interests: Inquiry into compliance with
the intent of the Aboriginal Child Placement Principle in Victoria, Commission for Children
and Young People, Melbourne, viewed 14 December 2016,
<http://www.ccyp.vic.gov.au/downloads/in-the-childs-best-interests-inquiry-report.pdf>.
Johnston, E 1991, ‘Royal Commission into Aboriginal Deaths in Custody: Volumes 1 to 5’,
Commonwealth of Australia, Canberra.
Queensland Aboriginal and Torres Strait Islander Child Protection Peak (QATSICPP) 2016,
‘Queensland Family Matters Forum Position Paper’, QATSCIPP, Brisbane.
Queensland Government 2013, Taking Responsibility: A Roadmap for Queensland Child
Protection, Queensland Child Protection Commission of Inquiry, Brisbane, viewed 14
September 2016,
<http://www.childprotectioninquiry.qld.gov.au/__data/assets/pdf_file/0017/202625/QCPCI
-FINAL-REPORT-web-version.pdf>.
Secretariat of National Aboriginal and Islander Child Care (SNAICC) 2016, ‘Family Matters
report’, SNAICC, Victoria.

13. ANTaR Qld submission in response to CPA Options Paper 2016
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Senate Community Affairs Committee Secretariat (SCACS) 2015, Out of Home Care,
Canberra, viewed 3 September 2016,
<http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/
Out_of_home_care/Report>.
Steering Committee for the Review of Government Service Provision (SCRGSP) 2016, Report
on Government Services 2016, vol. F, Community services, Productivity Commission,
Canberra, viewed 29 July 2016, <http://www.pc.gov.au/research/ongoing/report-on-
government-services/2016/community-services/rogs-2016-volumef-community-
services.pdf>.
Tilbury, C, Burton, J, Sydenham, E, Boss, R, & Louw, T 2013, Aboriginal and Torres Strait
Islander Child Placement Principle: Aims and core elements, Secretariat of National
Aboriginal and Islander Child Care (SNAICC), Melbourne, viewed 2 October 2016,
<http://www.snaicc.org.au/wp-content/uploads/2015/12/03167.pdf>.
Tilbury, C 2015, Pathways to Safety and Wellbeing for Aboriginal and Torres Strait Islander
Children Report, SNAICC, Melbourne, viewed 14 December 2016,
<http://www.snaicc.org.au/wp-content/uploads/2015/12/003000_becc.pdf>.
United Nations 1989, Convention on the Rights of the Child, viewed 14 December 2016,
<http://www.ohchr.org/en/professionalinterest/pages/crc.aspx>
United Nations 2008, The United Nations Declaration on the Rights of Indigenous Peoples,
viewed 21 March 2015, <https://www.humanrights.gov.au/publications/un-declaration-
rights-indigenous-peoples-1>.

14. ANTaR Qld submission in response to CPA Options Paper 2016
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Legislation
Care and Protection of Children Act 2007 Northern Territory
Children and Young People Act 2008 Australian Capital Territory
Children and Young Persons (Care and Protection) Act 1998 New South Wales
Children, Youth and Families Act 2005 Victoria
Family Law Act 1975 Commonwealth of Australia