Children's Guardian Bill 2019

Hansard ID: HANSARD-1323879322-107288

Hansard session: Fifty-Seventh Parliament, First Session (57-1)

Children's Guardian Bill 2019

Second Reading Debate

Debate resumed from an earlier hour.

Mr MARK COURE (Oatley) (16:00:41):

On behalf of all members, I say to the member for Heathcote that he is doing an outstanding job in the role of Temporary Speaker and Chair of a number of committees.

Mr Ryan Park:

Are you trying to get an extension of time?

Mr MARK COURE:Hansard

Maybe, maybe not. As I was saying before the lunchbreak, I acknowledge and congratulate the Minister for Families, Communities and Disability Services. I have probably mentioned him three times now in in my contribution to the second reading debate.

Mr Gareth Ward:

Making up for yesterday.

Mr MARK COURE:

Making up for yesterday. You will never get this back again. I congratulate all those involved. As I was saying beforehand, I am advised that the Children's Guardian has met with members of the Joint Committee on Children and Young People, the CEO of the Association of Children's Welfare Agencies [ACWA], Family and Community Services, NSW Health, the NSW Ombudsman, the NSW Department of Education, the Office of Local Government, the NSW Police Force and the Advocate for Children and Young People to consult on this draft bill.

Last year the New South Wales Government released its response to the Royal Commission into Institutional Responses to Child Sexual Abuse. As part of that response the Government announced the transfer of the reportable conduct scheme and the Official Community Visitors scheme in relation to children in care from the Ombudsman to the Children's Guardian. Since that date gaps have been identified in the New South Wales reportable conduct scheme. Some of those gaps are, in fact, before courts at the moment. These amendments to the Children's Guardian Bill 2019 will not only facilitate the transfer of the scheme and implementation of the royal commission recommendations, but will also show New South Wales responding to existing loopholes identified through cases before the courts. They will also futureproof the scheme to cover the outside work conduct of people if they engage in child-related work.

The proposed amendments strike the balance between keeping children safe and not imposing a disproportionate regulatory burden. The extent of the scheme will be expanding and this will target those persons in an entity who have or need a Working With Children Check. These proposals seek to ensure the New South Wales framework continues to evolve to address any gaps in protecting the safety and wellbeing of children and young people across New South Wales. It is fair to say that in recent years, particularly with the bill and its amendments, we are leading the country in terms of the protection of children. In response to the Royal Commission into Institutional Responses to Child Sexual Abuse the Government is committed to a number of important reforms to prevent and respond to child sexual abuse, and provide treatment and support for survivors of child sexual abuse. I am pleased to support the Children's Guardian Bill 2019.

This bill continues progress on key commitments made by the New South Wales Government to implement its response to the royal commission's recommendations. It makes significant strides in ensuring that the past failures of institutions that were supposed to care for children do not happen again, today or into the future. This Government said in its response to the royal commission that it would consider including all registered psychologists and people in religious ministry in the mandatory reporting scheme. True to its word, the New South Wales Government has acted on this. This bill, when passed, will make all registered psychologists and persons in religious ministry or persons providing religion-based activities to children mandatory reporters. These groups will be required to make a report if they have reasonable grounds to suspect that a child is at risk of significant harm.

Along with the amendments to expand the mandatory reporting scheme, this bill contains important protections for reporters, adding to the existing protections found in the Children and Young Persons (Care and Protection) Act 1998. As a former Chair of the Committee on Children and Young People and more importantly as a father of two, James and Samuel—the elder being five years and the younger being five weeks—this is something I am very supportive of. The royal commission found that in the absence of legal obligations, many institutions and their staff do not report abuse to the relevant authorities. This has to stop. It is to the detriment of the children in their care. New South Wales has a strong child protection mandatory reporting scheme contained in the Children and Young Persons (Care and Protection) Act 1998. This Government is committed to making the mandatory reporting scheme even stronger.

The royal commission recommended expanding the mandatory reporting scheme to achieve national consistency in reporting groups. For New South Wales this means expanding the mandatory reporting scheme to include psychologists and people in religious ministry. Our mandatory reporting scheme already captures the other groups of individuals identified by the royal commission such as out-of-home care workers—previous speakers have mentioned them—early childhood workers and school counsellors. This bill also contains important amendments that strengthen the mandatory reporting scheme by ensuring that members of the expanded groups are required by law to report suspected abuse. These reforms are crucial to preventing and responding to child sexual abuse, and ensuring the safety of children within our institutions and, of course, within our community. I thank all those involved and support the bill.

Mr JIHAD DIB (Lakemba) (16:07:23):

I speak on the Children's Guardian Bill 2019 and repeat what my colleagues have said: The Opposition does not oppose the bill. Indeed, anything that looks after our young people is to be commended. The Minister and all members would agree that looking after young people, especially those vulnerable and at risk, is above politics, no matter what political view one holds or subscribes to. This is a sensible bill and Minister Gareth Ward should be acknowledged for introducing it. Members have spoken about the different elements of the bill so I will not go through all of them. However, the Children's Guardian Bill will create a new Act that consolidates the Children's Guardian's powers, functions and responsibilities into one Act. It also moves the Children's Guardian's adoption functions into the Adoption Act 2000. It transfers the responsibility of the Ombudsman under Community Services while oversight of the scheme will be transferred to the Children's Guardian.

The bill transfers the functions for the reportable conduct scheme from the Ombudsman's Office. I will stop there and talk about a number of things that relate specifically to that. I note that it has been foreshadowed that some amendments may be moved about reporting to the Parliament via the joint standing committees. I acknowledge the work of the shadow Minister, the Hon. Penny Sharpe, on this bill, which is presented as a response to the Royal Commission into Institutional Responses to Child Sexual Abuse, especially in relation to the expansion of mandatory reporting through a range of bodies, including religious institutions. The bill also takes into account recommendations of the 2018 NSW Ombudsman report. My understanding is that a consultation process had taken place prior to the bill being presented to us.

We all know the horrific accounts and the damage done to the lives of children when gaps are left unattended. The safety and wellbeing of children is incredibly important. We need mechanisms to ensure that young people are protected in the first instance and supported with the full weight of the law in the awful event that they may become a victim of abuse. My background is in education and as such not only was I a mandatory reporter, I was also responsible for ensuring that teachers working at my school were well aware of their obligations. I understand children and I understand the importance of setting up an opportunity for them to live the most successful and fulfilling lives possible. These are aspirations that all like-minded people hold.

The challenge for us is how we now move from aspiration to reality. I acknowledge the Children's Guardian, Ms Janet Schorer, who is here with some of her team, for their great work. They do a lot of the grunt work of not only accrediting the Working With Children Check, for which they are known, but also many things that happen behind the scenes. They have oversight of this important regulation in New South Wales in protecting children. I wish Ms Schorer all the best in the job ahead. I thank her and her team for their work. However, the bill will significantly increase their responsibility and workload, especially in relation to reportable conduct and out‑of‑home care responsibility. I anticipate that with this additional responsibility comes an increase in resources and funding, noting an increase in the most recent budget so they can undertake this work in the best way possible. I also hope that additional funding and resources do not come at the expense of other key areas within the Families and Communities cluster.

I welcome the decision to create independence of the Children's Guardian. As the title suggests, the role of the Children's Guardian is to guard children and as such the Children's Guardian will be led by what is best and what needs to take place rather than what the Minister of the day may see as important without the full breadth of understanding of the Children's Guardian. Furthermore, appointment of the Children's Guardian through the Governor and dismissal requiring parliamentary approval of both Houses is a good, strong, protective measure that I believe ensures the independence of the Children's Guardian. This level of requirement, in my opinion, adds to the importance of the role and the value that is placed on it across the entire Parliament.

The fact that the mandatory reporting window is being narrowed is a good thing. The previous benchmark of 30 days was far too long. The proposed two-step process, a seven-day notification followed by a 30-day report is a good, solid framework in which to work. I think the extension into reportable conduct to be mandated for religious institutions is important. I understand the questions and concerns that some representatives had upon initially hearing this had been addressed. It is important that the mandatory reporting process be seen for what it is by these institutions: It is about the protection of children rather than a guideline that would negatively impact or target them.

In relation to the work of the Children's Guardian in validating Working With Children Checks, I am satisfied, having spoken to the Children's Guardian, that the Children's Guardian takes into account a range of factors in relation to Working With Children Checks that include practical measures such as casual visitors to schools or other places where children will be, as well as a contextualised view of a person's life history. I agree with the Children's Guardian's opinion that the Working With Children Check is just one measure. It certainly does not replace good processes and practices in these environments when it comes to visitors. In my role as shadow Minister for Youth and Juvenile Justice, I see this as a big step forward. However, there is still a gap on who has responsibility for young people in detention.

Whilst there is a role for the Inspector of Custodial Services, it seems to me that youth in custody, especially in relation to reportable conduct, potentially could fall under the purview of the Children's Guardian. I suggest that the Minister consider the way in which young people in detention are thought of and which organisation might have responsibility and oversight. At the moment there is the potential for an inadvertent silo effect and thinking in relation to this group of young people. In this space,an autonomous Children's Guardian may ensure,through an oversight capacity, that someone is looking out for young people at risk, especially those who may, for want of a better term, fall through the gaps. Without an oversight body, these young people may be bounced around from one agency to another. Young people at risk include homeless youth, those in residential care, non‑school attenders and those who stay in motels or serviced apartments for an extended period.

I have every confidence that all stakeholders in this legislation want the very best for young people. I hope that with the new guidelines and increased independence measures the Children's Guardian will have every opportunity to be a coordinating an oversight body that takes a holistic view of the guardianship of children. The increased transparency that this bill provides is a key element to celebrate. The Children's Guardian can get on with the task at hand, link everything together and guard the children. I thank everyone who works with children in whatever capacity and especially those who work with children who are vulnerable, complex, displaced or hurt by the actions of others. They are trying to bind a broken society. In my opinion, they are the invisible heroes. Theyperform incredible work and often are paid very little. They never waver in their sincerity to create a better world for these young people, who need a champion. We have come a long way.

and

While the bill does not cover every gap—and we must acknowledge that there always will be gaps—as a Parliament we are taking things forward. That is an important step. In the spirit of doing the right thing for those who need it most, I am very happy to support the bill. I anticipate that the guidelines in this bill and the responsibility allocated to the Children's Guardian will mean that children in the most vulnerable circumstances will have the best future possible.

Mr ADAM CROUCH (Terrigal) (16:16:56):My contribution to debate on the Children's Guardian Bill 2019 will be brief. I acknowledge the members who preceded me in this debate: the member for Lakemba, who did a wonderful job as usual, and the members for the electorates of Camden, Holsworthy, Miranda, Ku‑ring‑gai, North Shore and Oatley. I commend the Minister for Families, Communities and Disability Services on the introduction of this lengthy 111-page bill. The bill deals with a serious subject and this legislation has to be right. I commend the Minister and his team for all their diligence and hard work because this bill will go a long way towards keeping young people of New South Wales safe. That is a core job of this Government. I sincerely congratulate the Minister and his hardworking team, who are present in the Chamber, on their contribution to the preparation of this bill.

The bill continues the implementation by the Government of its response to theRoyal Commission into Institutional Responses to Child Sexual Abuse. The bill transfers the reportable conduct scheme and the Official Community Visitor scheme, provides a targeted expansion to persons who deliver child‑related services, ensures consistency of coverage and makes discrete further changes to recognise the expanded regulatory role of the Children's Guardian. Across New South Wales, including on the Central Coast, there are great organisations with members who dedicate their lives to protecting young people and making their lives better. I, like many members of this House, have the privilege of spending time with those organisations. There are almost too many to name on the Central Coast that commit to delivering great outcomes for young people across our region but I will note the Regional Youth Support Services [RYSS], which is a wonderful organisation. The CEO, Kim McLoughry, together with her staff, does an excellent job to support at‑risk youth across the region. I have the great opportunity to meet with Kim regularly and I have visited the RYSS support services at its Gosford headquarters.

The RYSS has been the beneficiary of a funding grant from the Attorney General, and Minister for the Prevention of Domestic Violence, the Hon. Mark Speakman, to obtain a mobile youth centre, a bus. It is a great initiative because it means that young people at risk, many of whom do not have a driver licence—something that we all take for granted—can catch the RYSS bus, which moves around the high-risk areas of the Central Coast. The bus makes it possible for members of the organisation to engage with young people, who obviously benefit from the outstanding outreach and connection services that RYSS provides. Hats off to RYSS on its incredible dedication and service to the young people of our community. The bus is very well known around the Central Coast. I believe it formerly belonged to the former member for East Hills. He offered RYSS a great deal.

The bus, which is well decked out and marked up, is a very visible sign of active participation and assistance for young people. I have seen the bus many times moving around the Central Coast, most recently a couple of weeks ago in Gosford. Organisations like RYSS establish great initiatives to help our young people. The bill before the House will provide young people with an extra layer of protection. I take this opportunity to commend the outstanding work of the staff of the Family and Community Services [FACS] on the Central Coast. They have a tough gig. I have been privileged to spend time with them and the former Minister and I look forward in the future to spending time with them and the current Minister, who is a regular visitor to the Central Coast.

Mr Gareth Ward:

Love it. Can't get enough.

Mr ADAM CROUCH:I look forward to the Minister visiting RYSS, seeing the bus and meeting the people who are at the coalface—those who provide the services. I am sure that Kim would be more than happy to extol the virtues of the work that RYSS is engaged in across the Central Coast, which is conducted hand in glove with the outstanding Central Coast staff of FACS. This bill of 111 pages will provide a targeted expansion to those who deliver child‑related services, such as RYSS, and will ensure consistency ofcoverage to make the discrete further changes to which I referred earlier. The amendments in the bill will not only facilitate thetransfer of the scheme and implementation of theroyal commission's recommendations but also show that New South Wales is responding to existing loopholes, such as those identifiedthrough cases like the very public case of the Mosman swimming instructor.

The bill will futureproof the scheme to cover theoutsidework conduct of people who are engaged inchild‑related work. It is important to have those systems in place in order to provide the ultimate protection for our young people. The proposed amendments strike a balancebetween keeping children safe, which is of paramount importance, and not imposing adisproportionate regulatory burden. To the extent that the scheme will be expanded, it will be targeted at those persons in an entity who have or need aWorking With Children Check.These proposals seek to ensure that theNew South Wales frameworkcontinues to evolve to address any gaps inprotecting the safety and wellbeing of children andyoung people acrossNew South, which of course includes the Central Coast.

The bill targets the reportable conduct scheme to those in child‑related work. This is done by extending the scheme to cover the inside and outside work conduct ofemployees of public authorities, such as localcouncils, if they engage in child‑related work. Many councils in New South Wales do that type of work, including the Central Coast Council, and this is a very good initiative. Further, it will cover the inside and outside work conduct ofcontractors and subcontractors of any entity ifthey engage in child‑related work.

This will include swimming instructor contractors but will exclude tree lopper contractors, who obviously have no contact with children. That is a very logical part of this legislation.

The bill covers the heads of religious bodies and persons or entities who engage in child‑related work at the religious body itself. The bill clarifies the definitions in the legislation, as was suggested by the royal commission. In addition, the bill tightens the notification requirements to require the head of an entity to inform the Children's Guardian within seven days, rather than 30 days, of becoming aware of an allegation. It is important that the time frame has been reduced to one week from one month. Time factors can be critical in cases where there is an alleged wrongdoing. When we are dealing with young people we have to move swiftly. This legislation allows for that to occur.

The bill largely replicates the Official Community Visitor functions and powers that are in place with the Ageing and Disability Commissioner. I congratulate Minister Ward on the appointment of the Ageing and Disability Commissioner. It was an excellent move. The replication ensures that the transfer of functions to two separate agencies does not result in gaps or inconsistencies. The Children's Guardian Bill recognises the expanded regulatory role of the Children's Guardian and its independent statutory functions. As I said earlier, my contribution to the debate on this legislation would be brief. I commend the Minister and acknowledge his staff, including Sharminie Niles, Anna Reid, Allison Waring, Catherine Gray, Stacey Romeo and Rebecca Harvey. They have worked extremely diligently and hard on these 111 pages of legislation.

The staff who worked on this bill can go home tonight knowing that they have done everything possible to protect the young and vulnerable people in our community. They are working for an outstanding Minister in this portfolio. They should be very proud of what they have done. I know it has been a hard slog but the detail has to be right. I have no doubt that the work that has gone into this bill—and the contributions from both sides of the House reinforce this—has ensured that the bill has got it right. All those involved can be very proud. Once again I commend the Minister and his staff and I commend this outstanding bill to the House.

Mr LEE EVANS (Heathcote) (16:26:54):

I commend the Minister and his staff for introducing the comprehensive Children's Guardian Bill 2019. I am sure they have been commended many times today for the hard work they have done in this space. I commend also the Opposition for working with the Government and the Minister's office on this bill. I could go over the pages and pages of legislation, 110 in fact, but they have been comprehensively spoken about today. Instead I will speak about the impact this bill will have in our communities on children who have been abused. Hopefully this will cease abuse into the future.

The Engadine District Youth Service [EDYS] is an organisation in my local area that deals with children who are under threat. Some of those children have been abused. The organisation takes the kids in and makes sure that they are looked after with regard to their mental health. The organisation supports the children's families as well and helps them with counselling. It wants to make sure that those young people are okay after what has happened to them. Hopefully it will never happen to them again. Another organisation in my electorate that I have mentioned on many occasions is the Dunlea Centre. This organisation was previously known as Boys' Town but it now looks after both boys and girls

Dunlea has a fantastic program that helps children who have not had the best of upbringings. Often there have been sexual assaults or domestic violence within their homes. Under its program, the centre takes the kids five days a week and not only works with the children but also works with the parents. It is a whole family wraparound counselling situation. The kids receive a proper education. Education is at the top of the list of what Dunlea does for these children. The most important thing is that it brings the parents in and counsels them on how to better manage their teenagers. Anyone who has teenage children realises that it is not easy. These children do not necessarily want to go to school and they spend a lot of time wagging. They have often been suspended or have disruptive behaviours. That is probably because they have been sexually abused in the past, there is domestic violence within the family or there is alcohol and drug abuse within the family.

The whole family gets counselled at Dunlea, including brothers and sisters. Everybody is involved in making sure that the charge who is going to Dunlea is looked after and supported. The staff support the families to maintain contact with them throughout the week and give them regular updates on how the student is going. In some cases it also takes the financial pressure off the family. The Dunlea Centre has become a bit of a favourite place of mine because there is so much good news coming out of there in terms of the children's response to the education program. Fantastic students are coming out of that school wanting to go to university and beyond or are going straight into a trade and working hard. You can see that the students are scarred and that they have had issues. Unfortunately, some of them have attempted suicide because of their circumstances. The Dunlea Centre brings them through all that, makes them feel like they are full, whole people again and supports them into the future.

The Children's Guardian Bill is part of what will make those young people's lives and future children's lives a lot easier and better. The people who commit these crimes in our community need to be called out. As the Minister has said on many occasions, sunlight is the best disinfectant. If anybody has knowledge of any sort of abuse of a child and/or young person they need to call them out and report it. Recent studies and recent Bureau of Crime Statistics and Research data show that domestic violence is being reported a lot more. We have had a slight spike in domestic violence reports. That does not mean we have any more domestic violence; it is just that it is being reported more often now. That is good news for our communities. In my area of the Sutherland shire they say that there has been an increase in domestic violence reports. That is exactly right. People are more aware of it. Organisations such as White Ribbon Australia are calling out violence.

The majority of that violence is committed against women, children and young people. I have had an organisation contact me that has had up to 300 young people, including infants, in its care who have been sexually abused by a step‑parent or parent. Familial sexual abuse is rampant in every community. It is not a very nice thing to talk about. There are issues with the Family Court. I will not be speaking about that today but it is something we need to look at. As we speak, the Federal Parliament is holding an inquiry into what happens in the Family Court. Once again I congratulate the Minister on bringing forward this very important bill. The Minister is thoroughly across his brief, as he demonstrated today during question time. The way he got up in the heat of question time and answered a question without any notes shows that he has a thorough understanding of his brief. He is doing a fantastic job within his portfolios.

Again, I come back to the staff who are wrapped around the Minister. The Minister cannot do it alone and the fantastic staff that now surround the Minister shows how important it is to have good people around good people. It is fantastic to see the support that the Minister has. I look forward to having a visitation from the Minister again in the not‑too‑distant future. It is fantastic to see him out in the field. The other day he visited my favourite school, Dunlea. The kids love having the Minister there because he gets down on their level and talks to them eye to eye, person to person. In just a few minutes they have a funny understanding of who Gareth Ward is. It is fantastic that he has that link with young people; they instantly take a liking to him. It is fantastic to see that somebody of Minister Ward's stature takes the time to spend some time with unfortunate children who have had a very rough upbringing. I congratulate the Minister on bringing the Children's Guardian Bill forward and I commend the bill to the House.

Mr MARK TAYLOR (Seven Hills) (16:35:34):

It is an absolute pleasure to speak in debate on the very important bill that is before the House today, the Children's Guardian Bill 2019. I commence by mentioning what an outstanding job the Minister is doing in his portfolio. I know it has been mentioned a number of times by previous speakers but as the member for Seven Hills I compliment him on his stewardship of the portfolio. What an outstanding job he is doing right across his responsibilities, whether in Families, Communities or Disability Services. I commend his excellent performance.

Not long ago I was speaking to the Minister about the outstanding role that carers play in our community by taking in children who have come from unfortunate or tragic life circumstances. The carers foster children who have been exposed to very unfortunate and tragic circumstances and assist them to grow and develop. The carers do a fantastic job. I know the Assistant Speaker would have many of those people in his community. It is always pleasing to be able to pass on that message to those in the community who assume the role of foster carer to our disadvantaged children. They do not often get the recognition they deserve. I have talked about that issue with the Minister and he has assured me that he puts those carers first and foremost as part of his responsibilities in his portfolio. I look forward to working with him in relation to carers.

The Children's Guardian Bill 2019 continues the implementation of the New South Wales Government's response to the Royal Commission into Institutional Responses to Child Sexual Abuse. The bill transfers the reportable conduct scheme and the Official Community Visitor scheme, provides targeted expansion to persons who deliver child‑related services, ensures consistency of coverage and makes further changes to create the Children's Guardian Bill 2019 to recognise the expanded regulatory role. As has been mentioned by previous speakers, the process of bringing this bill before the House and the consultations involved have certainly required lots of hard work and dedication by those involved, not only in the department but also in the Minister's office. I congratulate the staff involved, who are sitting in the Speaker's gallery. I congratulate each and every one of them on their contributions to the bill before the House.

The bill consolidates the powers and functions of the Children's Guardian into one Act. The office was established under the Children and Young Persons (Care and Protection) Act 1998 to promote the interests and rights of children and young people living in out‑of‑home care. In 2013 legislative changes expanded the role of the office to be an independent government agency that works to protect children by promoting and regulating quality child‑safe organisations and services. The bill is a further step in that process and clearly recognises the independent statutory functions of the Children's Guardian. The existing powers, functions and responsibilities of the Children's Guardian are contained in a number of pieces of legislation. The current functions of the Children's Guardian include adoption accreditation powers under the Adoption Act 2000 and out‑of‑home care and children's employment functions under the Children and Young Persons (Care and Protection) Act. The Children's Guardian Bill will consolidate those powers.

The bill includes new functions relating to the administration of reportable conduct schemes and the Official Community Visitor scheme as it relates to children, which are being transferred from the Ombudsman Act and the Community Services (Complaints, Reviews and Monitoring)Act 1993. The Children's Guardian Bill 2019 clearly recognises the expanded regulatory function of the Children's Guardian and the independent statutory functions that are held there. In summary, I commend the bill to the House. As I said when I began my speech, I commend the great efforts of the Minister in bringing the bill before the House and the fantastic efforts of his staff in delivering this very important legislation for the State of New South Wales.

Mr GARETH WARD (KiamaMinister for Families, Communities and Disability Services) (16:41:16):

— In reply: There can be no more important cause than the protection and guardianship of children. The Children's Guardian Bill 2019 seeks to make New South Wales a safer place in which to raise children. I thank members on all sides of the House for their alacritous support for and bipartisan collaboration on this legislation. I particularly thank the members representing the electorates of Londonderry, Camden, Charlestown, Holsworthy—and happy birthday to my Parliamentary Secretary, the member for Holsworthy—Wyong, Miranda, Ballina, Ku‑ring‑gai, Bankstown, North Shore, Oatley, Terrigal, Lakemba, Heathcote and Seven Hills. I particularly thank the Children's Guardian, Janet Schorer, who is in the Speaker's gallery. Ms Schorer has done and continues to do an absolutely brilliant job. Hers is a role in which she has incredible purpose. The State of New South Wales and its children are lucky to have someone of the character and ability of Ms Schorer. I place on record the gratitude of the people of our State for her efforts and those of all of her staff.

I thank the following people from the Department of Communities and Justice: Sharmini Niles, Anna Reid, Catherine Gray, Stacey Romeo and Rebecca Harvey. I thank also Anne King from my office, who is in the gallery, as well as all of my staff, including my chief of staff Loki Ball, for their hard work in bringing together this legislation. These amendments continue the Government's implementation of its response to the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. Before concluding, I will address some of the particular matters that members raised in the second reading debate. I will go through each of those. The Working With Children Check inclusion was raised. The Children's Guardian will continue to administer the Working With Children Check scheme. That is included in the functions of the Children's Guardian at clause 125 of division 5 of the bill. The legislation governing the Working With Children Check is currently a standalone piece of legislation known as the Child Protection (Working With Children) Act 2012. It is well known and understood by its users.

The royal commission recognised the benefits of co‑locating the reportable conduct scheme and the Working With Children Check. This bill does that and there is also an intention to move the Working With Children Check functions from the Office of the Children's Guardian. The purpose of consolidation of the Children and Young Persons (Care and Protection) Act and Adoption Act provisions into the Children's Guardian Bill is to enable clarity and ease of usage. There are just too many pieces of legislation, all doing what we need them to do but in separate pieces of legislation. I can confirm no consideration is being given to removing the administration of the Working With Children Check scheme from the functions of the Children's Guardian—none at all. I know that was raised.

Members raised the joint parliamentary committee review. There will be no difference in the joint parliamentary committee review from that which was available under the Ombudsman Act, except that a particular parliamentary committee will be the Committee for Children and Young People. The joint parliamentary committee review is provided by amending clause 37 of the Advocate for Children and Young People Act. The amendment can be found in schedule 5.2 to the Children's Guardian Bill. The level of oversight is entirely appropriate. The oversights are being provided by the same committee that already provides oversight to the administration of the Working With Children Check scheme—another function of the Children's Guardian.

The issue of funding was raised by members. The Children's Guardian has been given additional funding for implementation of the royal commission's recommendations, including the residential care workers register and the mandatory child safe standards. The staff and funding that goes with the reportable conduct scheme are being transferred from the Ombudsman's office to the Office of the Children's Guardian. This ensures that staff with significant corporate knowledge and expertise in reportable conduct matters will continue to be involved to ensure a seamless transition. In addition, to implement the royal commission's recommendations regarding the expansion of reportable conduct to the religious sector, funding is being provided by the cluster.

Members raised the independence of the Children's Guardian. This is a critical component of the legislation. The Children's Guardian is already independent. It is an independent statutory authority. The level of independence is further enhanced as the bill provides in clause 125 (3) that the Children's Guardian is not subject to the direction or the control of the Minister—not this Minister nor a future Minister. The legislation makes clear that the Children's Guardian's appointment to office and removal from office aligns with that of the Ombudsman. Further, the Children's Guardian will have the same powers as the Ombudsman in relation to part 4, reportable conduct matters. That includes the royal commission inquiry powers and the same protections in relation to secrecy and powers of entry without warrant—except where there is privilege, of course—not compellable in legal proceedings, and joint parliamentary committee reviews.

The Children's Guardian will also have access to the information that the Ombudsman had access to. To provide for accountability in decision-making, decisions arising from the Children's Guardian's self-initiated investigations will be reviewable by the NSW Civil and Administrative Tribunal [NCAT]. Members raised the NCAT review and greater transparency. I note that my friend the member for Bankstown is in the Chamber. She was a former Opposition spokesperson on these matters. She did an excellent job as the shadow Minister. I know how passionate she is about these issues. She continues to be an absolute champion for children, young people and families. Transparency of the reportable conduct scheme is being improved, whereby there will be NCAT reviews of Children's Guardian-led investigations and decisions. Currently there is not an avenue of review of Ombudsman-led reportable conduct decisions. This bill will increase transparency by enabling NCAT reviews of those decisions.

It is important to note that this review function is limited to Children's Guardian-led investigations, of which there are anticipated to be but a few. Currently there are very few Ombudsman-led investigations. While the Children's Guardian's independence is important and well protected in this legislation, it is equally important to ensure accountability, just as the Children's Guardian's decisions in relation to Working With Children Checks are reviewable by NCAT. This is the balance that this legislation has achieved incredibly well—independence and accountability, mitigating risk to the New South Wales Government, and particularly mitigating risk to children in New South Wales.

Complaint handling in relation to the Children's Guardian's functions was raised by members. The Children's Guardian will continue to be under the jurisdiction of the Ombudsman as CS-CRAMA—the software that is used by the Ombudsman and the guardian—is not transferring to the Office of the Children's Guardian. The matter of a deputy guardian with specific oversight for Aboriginal and Torres Strait Islander people was raised, and I want to address that now. The Children's Guardian Bill has made provisions for the appointment of a deputy guardian and an assistant guardian in proposed section 121. This provision is no different to the provision in the Ombudsman Act that provides for the appointment of a deputy guardian but does not specify the particular functions of that office. I note that there have been comments made by members regarding the appointment of a deputy guardian role responsible for issues relating to Aboriginal and Torres Strait Islander children. Though it is not specifically prescribed in the legislation, this is a matter for the consideration of the guardian. As members have pointed out, it is important that the guardian be independent, so these are matters for the guardian to consider. I would certainly commend them to her consideration.

Members raised the annual reporting requirement in relation to reportable conduct matters. The Children's Guardian is required to prepare an annual report on her functions and responsibilities, and this will now include her functions in relation to reportable conduct. The bill also enables the Children's Guardian to prepare special reports to the Minister on request. Further to this, the Children's Guardian can also prepare special reports to Parliament consistent with her statutory independence. In addition, as I stated, the reportable conduct function will be subject to joint parliamentary committee oversight. This bill is also required to be reviewed within two years of its commencement, and this period allows the guardian sufficient time to consider any amendments required once the scheme is implemented within the Office of the Children's Guardian. However, should annual reporting to Parliament on reportable conduct matters be considered appropriate, this can be facilitated through the special reporting functions already provided for in the bill.

Members raised immigration detention centres, and I want to turn to that. The royal commission recognised the New South Wales reportable conduct scheme as one of the most robust in the country. I would say that it is the best in the country. This is why the royal commission recommended that the New South Wales scheme be adopted nationally. Immigration centres fall under Commonwealth responsibility. Further consultation and capacity building with the Commonwealth regarding the scheme would be required to facilitate this should it be viewed as necessary.

I turn to enforcement. There are robust mechanisms in the scheme to ensure compliance. If the Children's Guardian is unsatisfied with the head of an entity's response to allegations of abuse she can conduct an own‑motion investigation of the abuse. The Children's Guardian can make recommendations in a report arising from one of these investigations. Under section 53, the head of an entity may—and, on request, must—advise the Children's Guardian of steps taken to implement a recommendation arising from a Children's Guardian investigation report. The Children's Guardian can also require information from an entity regarding its systems and processes for addressing reportable conduct allegations, and there is the ability to name and shame entities that fail to provide information in relation to their systems for preventing this abuse. I will be encouraging the guardian to do exactly that, without fear or favour. Further, there are more robust information-sharing provisions in the bill, whereby the Children's Guardian can refer information to State inter-jurisdictional and Commonwealth agencies for the purposes of investigative and disciplinary action.

Members raised the issue of conflicts of interest and accreditation versus reportable conduct. The Children's Guardian already manages a vast amount of sensitive information arising from her various functions and has well-developed systems, rules and processes to ensure information is handled appropriately. There are also systems in place to detect and take action promptly in response to any inappropriate or unlawful disclosures. The Children's Guardian can also make guidelines about information sharing between the various units and information-sharing arrangements between the reportable conduct unit and the working with children unit. They are specifically prescribed in the legislation. Further, there are explicit protections against malicious accusations and equally the legislation includes an explicit protection against retribution when a person acts in good faith to make a report regarding reportable conduct.

Given the direct transmission of the function and the transfer of reportable conduct staff from the Ombudsman's office, corporate knowledge will be maintained and potentially enhanced. Rather than a conflict of interest and loss of expertise, the co-location of operations will ensure robust decision-making into the future. All functions of the Children's Guardian will now be better and more fully informed by knowledge of the agency's ability to appropriately investigate allegations and produce even more reliable outcomes. The real potential benefits of co-location arise in the creation of a leading platform for promoting child-safe practices, monitoring performance and detecting non-compliance to reduce the likelihood of a child being harmed within an organisational context. Surely, this is a move in the right direction.

These amendments seek to ensure that the New South Wales reportable conduct scheme continues to evolve to address any gaps in the protection of the safety and wellbeing of children and young people in New South Wales. The transfer of reportable conduct functions from the Ombudsman to the Children's Guardian will result in greater integration and streamlining of oversight arrangements for safeguarding children in this State and will remove the duplications that occur under the current arrangements.

Housing the reportable conduct scheme with other child protection functions under the Children's Guardian will ensure that critical information about individuals and agencies of concern does not fall through the cracks and will deliver a cohesive approach to auditing, researching, reviewing and capacity building with the many thousands of agencies that operate in the reportable conduct sphere. This bill addresses the gaps in the scheme as recently highlighted in the media, continues this Government's implementation of its response to the royal commission, delivers improvements to the scheme that provide independent oversight of responses to child abuse and neglect, and will clearly recognise the Children's Guardian's expanded regulatory role and independent statutory office.

This Government has an ongoing commitment to protecting the most vulnerable members of our community and our children. This bill will strengthen the role of the Children's Guardian, the independent regulator that creates safe places for children. This bill consolidates the powers and functions of the Children's Guardian into one Act. The office of the Children's Guardian was established under the Children and Young Persons (Care and Protection) Act 1988 to promote the interests and rights of children and young people living in out-of-home care. In 2013 legislative changes expanded the role of the office to be an independent government agency that works to protect children by promoting and regulating quality child-safe organisations and services without fear or favour. It is entirely appropriate for this to be an independent agency with real power to get real outcomes.

This bill is a further step in the process and clearly recognises the independent statutory functions of the Children's Guardian. The existing powers, functions and responsibilities of the Children's Guardian are across a number of pieces of legislation, as I outlined earlier. This Children's Guardian's current functions include adoption accreditation powers under the Adoption Act 2000 and out-of-home care and children's employment functions under the Children and Young Persons (Care and Protection) Act. The Children's Guardian Bill consolidates these powers. The bill also includes new functions relating to the administration of reportable conduct scheme and the official visitor scheme as it relates to children, which are being transferred from the Ombudsman Act 1974 and the Community Services (Complaints, Reviews and Monitoring) Act 1993.

The new Children's Guardian Act will clearly recognise the expanded regulatory role of the Children's Guardian and her independent statutory functions. The bill's objects are key. The Children's Guardian protects children by promoting and regulating the quality of organisations and people that provide services to children. Under these reforms, the Children's Guardian will continue undertaking the important work of keeping the wellbeing and safety of children and young people at the heart of all efforts to promote and regulate the quality of child safe organisations, services and people. The bill will also continue the implementation of the New South Wales Government's response to the Royal Commission into Institutional Responses to Child Sexual Abuse. For example, this bill includes a legislative lever to establish a new residential care workers register. This will provide a mechanism for out-of-home care residential care providers to exchange information about the safety and suitability of residential care workers prior to making a decision on whether to engage a person.

Transfers of the reportable conduct scheme and the official visitor scheme as it relates to children are also in line with suggestions from the royal commission. Further, the bill clarifies the definitions that apply to the reportable conduct scheme as suggested by the royal commission and extends its coverage to religious bodies. I acknowledge the religious bodies that have welcomed this particular move. I had a wonderful conversation with Archbishop of Sydney Glenn Davies, who was particularly supportive. I thank him as well as all other religious leaders for recognising the importance of these changes.

The bill also provides targeted amendments to the reportable conduct scheme to apply to persons who deliver child-related services, ensures consistency of coverage and makes discrete further changes to recognise the expanded regulatory role of the Children's Guardian. The consolidation of the Children's Guardian's functions into one piece of legislation makes perfect sense. Further, many of the amendments have been suggested by the royal commission after careful deliberation. It is important to have sustained and determined action to ensure that our communities and institutions are safe for children. This bill recognises the Children's Guardian and her important role in that process.

I have brought two pieces of legislation into the House in my time as Minister, the first of which was the Ageing and Disability Commissioner Bill 2019. Robert Fitzgerald is doing an outstanding job as commissioner. All members were invited to a recent function in this place where we introduced Mr Fitzgerald, who not only served on the Royal Commission into Institutional Responses to Child Sexual Abuse but also has a long history in ageing and disability policy. He has been widely welcomed as commissioner. I thank members for their bipartisan support of this bill. It is my second piece of legislation as Minister and I am grateful to all members who have worked productively and proactively to achieve the best possible outcomes.

Unfortunately, this is something the media do not see—the changes we make to legislation to make things better and safer for children. You would like to think that the fact that we work so positively together on the things that are important in the protection of our most vulnerable would be on display more. These are so important and I am so grateful to members from all sides for being professional, sensible, reasoned and rational. This bill will now go to the upper House. I ask that my colleagues there ensure its swift passage so that we can continue to make New South Wales by and large the safest place to raise children. I commend the bill to the House.

The DEPUTY SPEAKER:

The question is that this bill be now read a second time.

Motion agreed to.

Third Reading

Mr GARETH WARD:

I move:

That this bill be now read a third time.

Motion agreed to.