Bringing-Them-Home-Report-Web

Aboriginal Child Placement Principle:State and Territory reviewAll Australian jurisdictions now recognise, either in legislation or policy, that, whenAboriginal or Torres Strait Islander children are to be placed in substitute care, they should beplaced within their own culture and community where possible. Each jurisdiction alsorecognises that Indigenous people should be consulted about placements.In four of the eight jurisdictions the Aboriginal Child Placement Principle (ACPP) isestablished in legislation. In two jurisdictions the involvement of Indigenous organisations,notably Aboriginal and Islander child care agencies (AICCAs), is also defined by legislation.[Unless otherwise stated the information and data detailed below were provided bygovernments in submissions to the Inquiry. For ease of reference we include recent data onIndigenous children in care for each State and Territory.]New South WalesUnder the Community Welfare Act 1987 (NSW) the Director General of theDepartment of Community Services has ultimate power to place removed children.Section 87 of the Children (Care and Protection) Act 1987 prescribes the ACPP’spreferred order of placement. If the child cannot remain with his or her current carers placementwith the extended family as recognised by the child’s community must be explored. If that isnot possible, then placement with another Aboriginal person from the child’s communityshould be explored. If that is not possible, then placement with a member of an Aboriginalfamily residing in the vicinity of the child’s usual home should be explored. Finally, if none ofthese options is practical or if they would be detrimental to the welfare of the child, placementwith a person considered suitable by the Director General may be made. The last option is onlyto proceed after consultation with the child’s extended family and such ‘Aboriginal welfareorganisations’ as are appropriate in relation to the child.Indigenous children constitute 2.1% of the children in NSW yet they made up between7.7% and 9% of notifications for neglect or abuse over the period from 1991-92 to 1994-95.Indigenous children have been between 3.5 and 4.5 times over-represented in notifications to theDepartment of Community Services. Indigenous children make up 21.3% of children insubstitute care, approximately eleven times over-represented. The large increase in overrepresentationfrom the point of notification to substitute care orders is consistent with nationaltrends.Indigenous children in substitute care may still be placed in non-Indigenous care as thefollowing table shows. However, there has been a recent quite substantial reduction of the use ofnon-Indigenous care for Indigenous children in NSW.