As the 2024 State Election approaches, the Queensland Law Society calls for important reforms in child protection. Children and young people are vital to our communities, and safeguarding their rights and wellbeing is paramount.
The Society’s call is rooted in the principles of the Convention on the Rights of the Child (CRC), which affirms the best interests of the child should be a primary consideration in all actions.1
The CRC also recognises the importance of protecting children from unnecessary separation from their families,2 ensuring their voices are heard in matters affecting them,3 and treating them with dignity and respect.4
Reducing criminalisation of children in child protection systems
A significant focus of the Society’s Call for Child Protection Reforms is the urgent need to reduce the criminalisation of children in child protection systems.5 To this end, QLS calls for a comprehensive review of the Joint Agency Protocol to Reduce Preventable Police Call-outs (Joint Agency Protocol) to residential care services.
Children and young people in contact with child protection systems often experience adverse outcomes in both youth and adult justice systems.6 Many come from backgrounds marked by trauma, attachment disruptions and abuse. Insufficient resources and inadequate staff training often hinder the ability of caregivers to respond effectively to these complex needs.
Consequently, law enforcement is regularly resorted to as a tool for behavioural management rather than a last resort. This reliance on police intervention not only fails to address the underlying causes but exacerbates the trauma these children and young people experience, distancing them from the supportive environments they desperately need.
The challenges faced by children and young people in child protection systems are further compounded by an inadequate model for those with disabilities. It is widely recognised that disability may limit an individual’s capacity to participate in justice processes.7
Despite this, many young children and young people with disabilities are brought before the courts without proper assessments of their fitness for trial, resulting in their overrepresentation in both child protection and youth justice systems.
This highlights the pressing need for enhanced scrutiny of health standards and oversight mechanisms concerning patterned behaviours in residential care, ensuring that children with disabilities receive the appropriate support and care they need.
QLS has previously advocated for such reforms aimed at minimising the criminalisation of children and young people in child protection systems.8
In its submission to the Queensland Residential Care System Review, QLS recommended adopting a trauma-informed approach, asserting that law enforcement should only be used as a last resort only.
QLS also highlighted that the existing model for young people with disabilities is not fit for purpose and called for a better balance between protecting children and supporting parents with disabilities.
Implementing effective strategies within the Joint Agency Protocol and addressing the specific needs of children with disabilities are essential for fostering supportive environments that meet the complex needs of children and young people in child protection systems.
Protecting and promoting children’s best interests
Another fundamental aspect of the Call for Child Protection Reforms is the commitment to protecting and promoting the best interests of all children.
Safeguarding children’s best interests requires a robust framework that addresses systemic failures and inequities within the child protection system. This includes making the statement of standards under section 122 of the Child Protection Act 1999 (Qld) enforceable under the Human Rights Act (Qld) mechanisms.
A legislative review mechanism should be in place to assess decisions regarding a child’s referral into care, accompanied by adequate legal assistance sector funding to support parents and caregivers in child protection proceedings. Additionally, a transparent and accessible complaints mechanism within the child protection system is necessary.
QLS has long advocated for stronger protections within the child protection system.9 In its submission to the Queensland Residential Care System Review, QLS marked the importance of independent oversight and access to legal support and assistance in ensuring children’s and young people’s individual and systemic concerns are heard and addressed.
Ultimately, ensuring the enforceability standards, providing accessible complaints mechanisms and increasing funding for legal support will cultivate an environment where children’s rights are upheld and their voices are genuinely heard.
Call for reforms
This call for reforms reflect the Society’s commitment to safeguarding the future of Queensland’s children and young people. The prosperity of our community hinges on implementing evidence-based programs, policies and legislation designed to enhance welfare for all.
These reforms are not only necessary; they are imperative for building a more equitable society where every child has the opportunity to grow, learn and contribute positively to our community.
Members are invited to review the Call to Parties statement here. The Queensland state election will be held on 26 October 2024.
Footnotes
1 Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990) art 3 (‘Convention on the Rights of the Child’).
2 Ibid art 9.
3 Ibid art 12.
4 Ibid art 23.
5 Queensland Law Society, ‘2024 Call to Parties Statement – Queensland State Election’ (Call 36).
6 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Care criminalisation of children with disability in child protection systems (Research Report, Monash University Melbourne, University of Western Sydney, Centre for Evidence and Implementation, May 2023) 1.
7 Ibid 43.
8 Queensland Law Society, Submission to Department of Communities, Child Safety and Disability Services, Use of police call outs within residential care (19 June 2012).
9 Queensland Law Society, ‘2020 Call to Parties Statement – Queensland State Election’.
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