Bringing-Them-Home-Report-Web

VictoriaDecisions about children’s welfare and child placement in Victoria are made in aprocess known as ‘case planning’. The Children and Young Persons Act 1989 (Vic)requires the welfare department to involve ‘relevant members’ of the child’s Aboriginalcommunity in case planning (section 119(1)(m)(i)).Placement of an Indigenous child must be with a member of the child’s communityunless such a person is not reasonable available. In that case the child is to be placed withanother Aboriginal person.In the event that no Aboriginal carer is reasonably available for the child, a non-Indigenous carer may be selected. The approval of an Aboriginal agency must beobtained before such a placement can proceed (section 119(2)). As in South Australia,Aboriginal agencies are accredited for the purposes of the Act. The Victorian AboriginalChild Care Agency (VACCA) is the most notable example.In 1992 a protocol between the Department of Health and Community Services(CSV) and VACCA was signed. It reiterates that CSV has statutory responsibility inrelation to child protection services for all children in Victoria under the age of 17 years.While the protocol does not delegate authority to VACCA, it affirms VACCA’s right tobe consulted and involved from the point of notification (that is receipt of an allegationregarding an Indigenous child’s well-being) and that VACCA should be invited to allcase conferences.VACCA must be involved in all significant decisions made about an Aboriginalchild. The Act lists the following significant decisions:• decisions made in the course of investigations conducted after a notification is reviewed,• decisions made in the course of preparing a protection report or disposition report,• decisions made in assessing whether or not a protection application should be made,• decisions relating to the placement or supervision of the child whether made before orafter a protection application or protection order is made, and• the holding of meetings for the purpose of formulating a case plan (Children and YoungPersons Act 1989 section 3).No Aboriginal child is to be placed without VACCA’s involvement in the decisionalthough the department retains final decision making power. However, the Inquiry wastold that VACCA is frequently not involved in decision making until very late in theprocess, sometimes only after the child has been in substitute care for more than twoyears (VACCA evidence 335).