Bringing-Them-Home-Report-Web

Non-Indigenous care for Indigenous children in care: NSW1990-91 1991-92 1992-93 1993-94 1994-95 1995-96% in non-Indigenous care 25.2 23.1 19.7 17.5 17.1 10.0South AustraliaIn South Australia the ACPP is set out in section 5 of the Children’s Protection Act 1993.This provides that no decision or order about where an Indigenous child is to reside can be madeuntil the department has consulted with a recognised Indigenous organisation. The Minister isrequired to consult with the Indigenous communities before ‘recognising’ an Indigenousorganisation. These organisations are then gazetted for the purposes of participation in decisionsunder the Act. By 1995 22 organisations had been gazetted. The Act stipulates that not onlymust a recognised organisation be consulted but also that proper consideration must be given toits submissions. The venue and nature of the consultations are to be as ‘sympathetic toAboriginal [or Torres Strait Islander] traditions as is reasonably practicable’. Family caremeetings are provided for in the Act with a view to involving families in decision making aboutthe care and protection of their children at risk (sections 27 and 28). A recognised organisationwill also be involved.Section 5(2) A person or court, in making any decision or order under this Act in relation to anAboriginal or Torres Strait Islander child, must, in addition to complying with the requirements ofsection 4, have regard –(a) to the submission made by or on behalf of a recognised Aboriginal or Torres Strait Islanderorganisationconsulted in relation to the child; and(b) where there has been no such consultation – to Aboriginal traditions and cultural values (includingkinship rules) as generally expressed by the Aboriginal community, or to Torres Strait Islander traditionsand cultural values (including kinship rules) as generally expressed by the Torres Strait Islandercommunity, as the case may require; and