New Community Services legislation takes effect today

1/3/06
Today marks the beginning of a new era in the care and protection of Western Australian children, with the most significant change in legislation in almost 60 years.
The Children and Community Services Act 2004 comes into effect, providing a stronger, more flexible framework for the Department for Community Development's child protection and care for children.
It replaces outdated legislation, including some drafted back in the days when soldiers were returning from World War II and enacted in 1947.
Community Development Minister David Templeman said the new Act emphasised the State Government's commitment to valuing, protecting and improving the well-being of children by strengthening families, individuals and communities.
Mr Templeman said it represented major reform that would significantly change the way the department operated.
"The department will undertake some of the most major changes to policy, procedures and practice in its history," he said.
"The new Act increases accountability and transparency in the way the department responds to families in the case of concern for a child's well-being, and in the way it meets its responsibilities for children in its care.
"It encourages a more inclusive process of involvement, with the prime focus on engaging children and families in critical decision-making that affects their lives."
The Minister said the new Act highlighted the importance of a child's natural parents, through a guiding principle that parents be encouraged to play as significant a role as possible in their child's upbringing.
"Participation of other significant people, including grandparents, is also being encouraged," he said.
"The Act also ensures that children in State Care are involved in the decision-making process that affect their lives.
"This requires the creation of a Charter of Rights of Young People in Care, which is currently being drafted. When it is complete within the year stipulated by the Act, each child in care will be given a copy."
Mr Templeman said the Act centred on the basic principle that the best interests of the child were always paramount in everything the department did.
The Minister said the new Act made key changes to practice, improving the mechanisms for the protection of children, including the processes for entering care, and modernised terminology, such as 'ward of the State' becoming child 'in the CEO's care'.
The new Act made Children's Court procedures clearer. Changes included revising the definition of when a child was in need of protection, providing for pre-hearing conference and court reports and providing for flexible protection orders to better meet the needs of children and families.
It provided the Children's Court with the discretion to order that a child have his or her own legal representation.
It required the preparation of a provisional care plan within seven days of a child coming into provisional protection and care, a yearly review of the care plan created after the Court had placed the child in care and, once a child was about to leave care, stipulated that the care plan be modified to help the child adjust to new living arrangements.
"It also provides for negotiated placement agreements between the department and parents," Mr Templeman said.
"In terms of child care services, the Act provides a stronger framework for the protection of about 70,000 children who use childcare facilities in WA."
The Minister said the Act also provided for a range of offences including causing significant harm to a child and leaving a child unsupervised in a vehicle.
The Act was passed in October 2004, the result of a long and complex overhaul of the Child Welfare Act 1947, Community Services Act 1972 and Welfare and Assistance Act 1961.
Some sections of the new Act had been operating since January last year. As from today, it had entirely replaced the old Acts.
For further information, go to: http://www.community.wa.gov.au/
Minister's office: 9220 5050