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30 November 2023
Thousands of families across NSW will receive more support under a legal reform which aims to keep children and parents safely together.
Under the new laws, the Department of Communities and Justice (DCJ) is required to actively engage with families to improve safety, reduce entries into care, and increase children being safely restored to their families or kin.
These new laws follow the bipartisan passing of the Children and Young Persons (Care and Protection) Amendment (Family is Culture) Bill 2022, in November 2022, in response to recommendations from the Family is Culture - Independent Review of Aboriginal Children in Out-of-Home Care in NSW Report (2019).
The new legal provisions require DCJ to present evidence to the Children’s Court to demonstrate that ‘active efforts’ were taken when managing families and children in need.
Active efforts mean proactively working with a family to prevent a child being removed from their family or restoring a child to family when it is safe to do so. This could include actively searching for extended family members who may be able to provide support or seeking out a culturally appropriate service to work with the family.
The NSW Government provides support for families and children at risk through a range of services including:
The changes also include ensuring families are involved in care and protection decisions about their children in court proceedings including early access to legal advice.
The bill was drafted in close consultation with the NSW Children’s Court, the Children’s Guardian, the NSW Ombudsman, and key government stakeholders.
The Family is Culture Review was commissioned by the former government to examine the causes of, and make recommendations to address, the high rates of Aboriginal children and young people in the child protection system.
The Minister for Families and Communities will be required to report annually to the NSW Parliament on the implementation and impact of new ‘Active Efforts’ provisions.
Minister for Families and Communities, and Minister for Disability Inclusion, Kate Washington said:
“These changes clearly demonstrate the NSW Government’s commitment to improve the NSW child protection system, making it more effective and accountable to the children, families and communities it serves.
“We need a child protection system that delivers better outcomes for children and families, particularly for Aboriginal families.
“There is a long way to go, but these new laws are an important step on this journey which will enable us to work in closer partnership with families and communities so that children can reach their full potential.
“I want to thank the many caseworkers who are already doing everything it takes to keep children and young people safe and families together.”
Minister for Aboriginal Affairs and Treaty, David Harris said:
“Closing the Gap is a top priority for the Minns Labor Government.
“We acknowledge that to close the gap, Aboriginal people must determine, drive, and own desired outcomes alongside Government.
“Aboriginal communities consistently tell us that more needs to be done to support families to stay safely together.
“The introduction of the requirement to give families access to early intervention could make a real difference to Aboriginal children and families.”
30 Nov 2023