We can't return to business as usual: Aboriginal voices critical to child protection

The NSW government’s decision not to continue existing project funding for the peak Aboriginal
child and family organisation, AbSec, is a worrying sign for Aboriginal children and families in NSW. AbSec, and the communities and organisations it represents, provide an important voice in child-protection policy debates.

As Reconciliation Week invites us to reflect on the harm caused by past policies and our shared journey towards a more just and equitable society, elevating the voices of Aboriginal people in
the child-protection system must be a priority.

Aboriginal children in NSW are five times more likely to be subject of a notification, eight times
more likely to be subject to a substantiation, and 10 times more likely to be removed from their
families by child-protection authorities.

These figures, and the challenges they represent for vulnerable children and families, have undoubtedly been exacerbated in recent months. Children and young people who come to the attention of child-protection authorities tend to be more socio-economically disadvantaged. This is particularly the case for Aboriginal families, for whom 70 per cent of substantiations are associated with relative socio-economic disadvantage.

The social and economic impact of the pandemic will result in more families experiencing crisis and requiring support to navigate these difficult times. With the system under increased strain, the need for reform is even more pressing, and the decision to cut funding even more perplexing.

The recent Family is Culture review examined the experiences of more than 1100 Aboriginal children and young people in NSW who were removed from their families by the statutory child protection system in 2015-16. It made 125 recommendations for reform, providing a clear roadmap to improve outcomes for Aboriginal children and families. In particular, it emphasised the importance of self-determination for Aboriginal communities, and of greater oversight of the statutory child-protection system, promoting transparency and accountability.

Cutting AbSec’s project funding, effectively halving the resourcing of a key Aboriginal voice, undermines both of these important goals.

Self-determination has long been regarded as a key policy setting in Aboriginal affairs, particularly child and family systems, as emphasised by numerous reviews, spanning from Bringing Them Home to Family is Culture.

In addition to upholding the rights of Indigenous peoples and guarding against the repetition of harmful past policies – arguably sufficient reasons alone – empowering Aboriginal communities to design and implement the policies and programs that affect them ensures they will be aligned to their social and cultural needs.

The Family is Culture review was clear, stating no improved child-protection system can meet the needs of Aboriginal and Torres Strait Islander children unless "it is planned, developed, managed,
implemented and reviewed by Aboriginal people themselves”.

Child-protection authorities have significant powers to intervene in the lives of children and families. These powers must be matched by robust systems for transparency and public accountability.

The Royal Commission into Institutional Responses to Child Sexual Abuse emphasised the importance of oversight and accountability to the safety and wellbeing of children and young people.

However, the Family is Culture report found the current system lacked adequate mechanisms to provide oversight and accountability, revealing numerous examples of non-compliance with legislation and policy in place to safeguard the wellbeing of children. It urged a renewed regulatory framework, including an independent Aboriginal commissioner and advisory body to focus on the interests of Aboriginal children and young people affected by the child-protection system.

These reforms are essential to public confidence and Aboriginal voices are crucial to responding effectively to the review. There has been little meaningful engagement with Aboriginal people about its findings and recommended reforms. That concern is compounded by the effective cuts to the Aboriginal child and family peak body.

It presents a worrying picture that governments have still not understood a key point from more than two decades of reviews: that they must work with Aboriginal people and genuinely empower communities to design and administer these systems to end the over-representation of their children in out-of-home care.

The events of recent months have reminded us all that we are indeed "in this together". There has been considerable discussion about when things might return to normal, and what we might change to build a stronger,
more just society.

The child-protection system is one area where we cannot return to business as usual, particularly for Aboriginal children and families. The Family is Culture review provides a clear plan for reform. It must be matched by an urgent commitment to working with Aboriginal communities for lasting change.

Wiradjuri man Paul Gray is an associate professor at the Jumbunna Institute for Indigenous Education and Research, UTS. He was formerly executive leader of strategy, policy and evidence at AbSec.