The document discusses Section 18 of the Children, Youth and Families Act 2005 in Victoria, Australia, which allows Aboriginal organizations to take on child protection case management responsibilities from the state. It provides context on the history and purpose of Section 18, outlines BDAC's approach and outcomes from operating under Section 18 between 2016-2019, and shares positive feedback from families. Key points are that Section 18 aims to give Aboriginal communities greater involvement in child protection cases, highlight important cultural considerations, and has led to earlier family reunification and empowerment outcomes at BDAC.
2. Section 18
• The Children,YouthandFamiliesAct passedthroughtheVictorianParliamentin 2005.
• Basedon theprinciple ofthe right ofAboriginalpeopletoself-determination,Section18 of
the Actallowsthe AboriginalPrincipalOfficer ofanAboriginalorganisationtobeauthorised
toperformthefunctionsandexercise thepowersofthe Secretaryrelated toanAboriginal
child ona Children’sCourtProtectionOrder.
3. TheActstates:
18.Secretary mayauthorise principalofficerof Aboriginalagencyto act
(1) The Secretary mayin writing authorise the principal officer of an Aboriginal agency toperform specified functions
andexercise specified powers conferred on the Secretary by orunder this Act in relation toa protection order in respect of an
Aboriginal child.
(2) An authorisation under this section may only bemade with the agreement ofthe Aboriginal agency andthe
principal officer.
(3) The principal officer may only be authorised if he orshe is an Aboriginal person.
(4) Before giving an authorisation, the Secretary must haveregardtoany view expressed by the child andthe parent of
the child if those views can bereasonably obtained.
(5) On anauthorisation being given, this Act applies in relation tothe performance of the specified function orthe
exercise ofthe specified power as if the principal officer were the Secretary.
(6) The Secretary mayat any time in writing revoke an authorisation under this section andon that revocation the
Secretary may continue andcomplete any action commenced under the
4. History of ‘Section 18’
• In 2004 discussion and consultation regardingguardianship with Aboriginal
communities, Victoria
• “The Children, Youth and Families Act 2005
introduced Section18”.
5. Why moveto Section 18
• Between 2003 - 2013 numbers of Aboriginal children subject to a Children's
Court protection ordermore than doubled - from 400 to over 900.
• Greater involvement in, and responsibility for, case planning and decision
making.
6. Our approach
• Different family care arrangements that highlight kinship, family
networks & connections to family
• Significant importance of culture
• Family history and genealogy
• Return to Country
• Healing services
7. Outcomes 2016-2019
• BDAC Pilot 2016-2018
– 3 staff
– 15 children at any given time.
• Fully Authorised in December2018
– 8 staff
– 36 children at any given time
8. Outcomes continued
• Children are returned earlierthan child protection
• Culture is retained
• Parents are selfempowered
• Self determination
9. Feedback
“ It was cool to have an Aboriginal worker….”
“ Ifound theteaminvolvedtobepleasantandansweredallmyquestions &tried
theirhardesttogetourfamily backtogether&fulfil ourneeds”
I would like to acknowledge the traditional owners of the land on where we stand today and pay my respects to their elders past present and emerging.
I am a proud women of the Wotjabulluck on my mother’s side in the Wimmera district in Victoria and Latje Latje peoples on my father’s line in the northwest of Victoria.
I am standing here today proud and honoured to be working in this space, where I have the ability to make change for our children and families.
For some time, Aboriginal guardianship has been the term used to refer to Section 18 of the Children, Youth and Families Act.
This legislation enables the Secretary of the Department of Human Services to transfer powers and functions for Aboriginal children on Protection Orders to the Principle Officer of an Aboriginal organisation.
The Protection Orders include:
Guardianship to Secretary orders
Custody to Secretary orders
Supervision Orders
and Interim Protection Orders.
The use of the term Aboriginal guardianship reflects the intention to take a staged approach to transfer powers and functions, starting with Guardianship Orders. However, children on Custody Orders have subsequently been deemed as suitable to participate in the pilot.
Guardianship to Secretary Orders grant both custody and guardianship of the child to the Secretary to the exclusion of all other persons (Children, Youth and Families Act Section 289).
In addition to the powers and functions outlined above for custody orders, a person who has guardianship of a child has:
responsibility for the long-term welfare of the child,
all the powers, rights and duties that are vested by law or custom in the guardian of a child (Children, Youth and Families Act Section 4).
The underlying arrangement for the project was:
For the Aboriginal organization to assume a far greater level of involvement in and responsibility for case planning and decision making for the group of children involved in the project.
For DHS to support the Aboriginal organization’s case planning and decision making.
Fundamentally Section 18 is about transferring decision making for significant decisions including case planning to Aboriginal organizations ‘as if’ the ACCO had Section 18 authorisation.
Processes, procedures and documents to be developed within the Section 18 project that support decisions-making processes for key decisions related to the Secretary’s powers and functions include:
Changing a child’s placement
Significantly changing a child’s access plan
Medical treatment
Interstate or overseas travel (Including getting a passport)
Returning a child to their parent’s care
Court recommendations such as a Permanent Care Order, extending, varying or revoking an order.
Using criminal history, CRIS and ACSASS checks in decision making
Making a case plan
Explain ‘guardianship
In Victoria, in 2004 the Department of Health and Human Services and Aboriginal communities in Victoria had discussions and consultations regarding guardianship, this led to the Department inviting Victorian Aboriginal Child Care Agency (VACCA) in 2010 to consult across the state on how Aboriginal guardianship could work.
Explain ‘Section 18’
In 2013, VACCA commenced the first “As if” project to provide guardianship services for Aboriginal children. It ran for 2 years and provided information and insights into how S18 could look when introduced to its full extent.
In 2015 an EOI process commenced seeking applications from a rural Aboriginal organisation to participate in another ‘As if’ project which we at BDAC were successful and we were selected for the ‘as if “ rural pilot commencing in 2016.
Although the Section 18 provision existed since 2005 it was not until 4th of January 2016 that an Aboriginal principal officer was able to be authorised with full responsibilities of Section 18 provisions. This authorises the Aboriginal principal officer to carry out a specific range of powers and functions normally held by the Secretary of the Department of Health and Human Services
Between 2003- 2013 the number of Aboriginal children and young people subject to a Children's Court protection order more than doubled from 400 to over 900 and this has now increased to approximately ……………..
In the Family Matters report just recently released it states that in 2018, ATSI children were 10.2 times more likely to be living in out of home care than non Indigenous children.
In Victoria in 2019, 708 ( 46%) of ATSI children and young people on a contractible order in care were managed by an ACCO.
Only Victoria and Queensland fund ACCO’s to facilitate family participation across the State.
Under Guardianship Aboriginal organisations are able to assume a far greater level of involvement in and responsibility for case planning and decision making regarding our children and their families.
Guardianship is about providing a better service to empowering our families and communities through self management and self determination whilts being involved in the planning of their vulnerable children's lives.
When we talk about our practice and approach , we focus on the different family care arrangements that highlight kinship family networks and the connections to the family.
Which include Culture is of significant importance
Assistance, when required for family to support finding Family history and genealogy
the importance of return to Country to maintain and strengthen connection for the children we work with and their families
We also recognise the ongoing trauma and the impact of past removals and separations
Over the 10 months of the pilot 2016-2018 at BDAC we saw significant outcomes with a number of children and families meeting their orders.
The team worked with 23 clients, (11 families) and ‘closed’ on eight clients.
We work differently to child protection where we work from a strength based approach where communication is a key component of our work which has seen many families empowered to want to take ownership of their situations, Parents have met their obligations on their court orders. Wraparound service EX{PLAIN ….. Other services…
Over that period we established a Governance Group to oversee the operations of the project and also established an Operational Group.
We developed policies and procedures along with a work plan.
The Governance Group reported directly to the State-wide Section 18 Committee then they reported to the Aboriginal Children’s Forum (ACF) which is Co-chaired by the Minister for Children . The ACF has been operational for 4 years.
Over that period of time the Department, along with key Aboriginal leaders across the State, were working closely to ensure that resources were committed to ACCHOs and that ACCHOs were resourced and ready to undertake Section 18.
At this stage, at BDAC, we have 36 children inn our care and we are working towards 72 children in our care.
We have a workforce of 15 team members, comprising of Program Manager, 2 X Team Leaders, Practise Leader, Case Managers support case workers and administration.
In 2020 we will recruit another 6 staff and our numbers will increase to 108 children in our care. Recruitment has been easy in attracting Aboriginal people and Non Aboriginal people,
Children are returned earlier than child protection
Why? We are working with families, our communications and support are bringing them along
An example of self determination and the voice of community is where a parent is now chairing the professional meetings and her decision to continue these upon closure of her case has meant that she has determined what her and her children’s needs are, and if this means ongoing support for period of time , that is what it is for them.
Parents want to be the best they can, however prior to us taking on guardianship there was no supported opportunity for this…… since guardianship we have seen a dramatic change for the better for our children and their parents in this space and I believe we as an organisation are doing what is right……………… for now……… and the future of our children.
At BDAC we have a number of programs ranging from medical to FCS , youth , men's and women's group, aged care and we are in the early stages of establishing an Early Years Centre, 3 and 4 year old kinder, playgroup and maternal child health, which will complement our existing services
Lastly, I want to thank and acknowledge the support that we received from Muriel Bamblett CEO of VACCA.
In closing, I would like to share a powerful video which we put together as an outcome of one of the families we worked with under guardianship. They have agreed to share their experience, because they are proud of the fact that their children are home with them.
Thank you
2018-19 $1,161.054
2019-20 $1,817,174
Qualitative feedback from parents
Qualitative feedback from children
What we undertook initially was to consult with our community prior to taking on guardianship,
In summing up we have learnt so much in this space , there have been times when we have been challenged,,,,however the positive outcomes outweigh the negative especially in “keeping our children safe”
