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CARE AND PROTECTION OF CHILDREN AMENDMENT ACT 2023 (NO 8 OF 2023) - SECT 12

Chapter 5, Part 5.1B inserted

After section 293K

insert

Part 5.1B     Child Wellbeing and Safety Partnership Framework

293L     Definitions

In this Part:

"Framework" means the Framework established under section 293M(1).

"service organisation" means an organisation that provides child-related services.

293M     Establishment of Child Wellbeing and Safety Partnership Framework

    (1)     The Child Wellbeing and Safety Partnership Framework is established.

    (2)     The purposes of the Framework are:

    (a)     to ensure the Northern Territory Government and service organisations are providing a coordinated response to the risks to the safety and wellbeing of children; and

    (b)     to strengthen how the Northern Territory Government, service organisations and community leaders work together alongside families; and

    (c)     to make the Northern Territory Government and service organisations accountable for partnering with community leaders to ensure children and families are safe and thriving.

293N     Framework principles

The Framework must operate under the following principles:

    (a)     the best interests of the child are the paramount concern;

    (b)     the human rights of children and families must be upheld and respected;

    (c)     decisions affecting Aboriginal people must be made in a manner that, as far as practicable, upholds the principles of section 12 ;

    (d)     Aboriginal world views must be incorporated into the Framework;

    (e)     the views of children and families must be taken into account when decisions affecting them are made;

    (f)     the diversity of communities is valued so that the operation of the Framework is culturally relevant;

    (g)     responsibility and accountability for the safety and wellbeing of children and families is shared between families, communities, service organisations and the Northern Territory Government;

    (h)     the Northern Territory Government must exercise its responsibility mentioned in paragraph (g) in a transparent way;

        (i)     the Framework should operate in a way that is healing focussed and trauma informed;

    (j)     the Framework should seek to build on the strengths of individual families and communities;

    (k)     any risk of domestic violence affecting children or families must be managed in a way that is consistent with the framework for family violence risk assessment and family violence risk management approved under section 124Q of the Domestic and Family Violence Act 2007 .

293P     Operating policy of Framework

    (1)     The CEO must prepare a written policy detailing the operation of the Framework.

    (2)     The policy must:

    (a)     reflect the principles set out in section 293N; and

    (b)     provide for the establishment of an oversight group to monitor the operation of the Framework; and

    (c)     address the following in the relation to the oversight group:

        (i)     membership of the group, which must include adequate representation of Aboriginal communities and Aboriginal community-controlled organisations;

        (ii)     the role and responsibilities of the group in monitoring the operation of the Framework; and

    (d)     provide for the establishment of Child Wellbeing and Safety Teams in communities; and

    (e)     address the following in relation to the Child Wellbeing and Safety Teams:

        (i)     the operation of the Teams in communities;

        (ii)     the role and responsibilities of the Teams in developing a coordinated response to risks to the safety and wellbeing of children and their families in a community or communities including through:

(A)     the facilitation of community leadership meetings in communities; and

(B)     the facilitation of meetings between Agencies and service organisations; and

    (f)     address any other matter the CEO considers relevant.

    (3)     In preparing the policy, the CEO must consult with the following in relation to the operation of the Framework:

    (a)     service organisations;

    (b)     communities in which Child Wellbeing and Safety Teams will operate under the policy;

    (c)     Aboriginal community-controlled organisations.

    (4)     The CEO may, in consultation with the oversight group established under the policy, amend the policy.

    (5)     The CEO must publish the policy, as amended from time to time, on the Agency's website.

293Q     Appointment of person to undertake independent review

    (1)     The Minister must appoint a qualified person to do the following:

    (a)     undertake an independent review of the effectiveness of the Framework and the extent to which the purposes of the Framework mentioned in section 293M(2) are being achieved;

    (b)     prepare a report of the review;

    (c)     give the Minister the report within 12 months after the appointment.

    (2)     The appointment must be made as soon as practicable after the third anniversary of the commencement of this Part.

    (3)     In making the appointment, the Minister must give preference to an Aboriginal person.

    (4)     In this section:

"qualified person" means a person who, in the Minister's opinion, possesses the appropriate qualifications and experience to undertake the independent review mentioned in subsection (1)(a).

293R     Conduct of review and content of report

    (1)     As part of the review mentioned in section 293Q, the person appointed to undertake the review must consult with the following:

    (a)     the oversight group;

    (b)     the Agencies and organisations represented by members of the oversight group;

    (c)     service organisations;

    (d)     Aboriginal community-controlled organisations.

    (2)     Before finalising the report of the review, the person must give any Agency, organisation or person who will be the subject of adverse comment in the report a reasonable opportunity to comment on the review findings before the report is given to the Minister.

    (3)     The report of the review must:

    (a)     give an assessment of the extent to which Agencies and service organisations:

        (i)     are cooperating in ensuring there is a coordinated response to the risks to the safety and wellbeing of children; and

        (ii)     are sharing information in relation to the safety and wellbeing of children consistent with Part 5.1A and any other legislative requirements; and

    (b)     identify any Agencies or service organisations that are not:

        (i)     cooperating in ensuring there is a coordinated response to the risks to the safety and wellbeing of children; or

        (ii)     complying with Part 5.1A or other legislative requirements in relation to information sharing; and

    (c)     identify any recommended changes to the Framework or its operation; and

    (d)     incorporate any comments on the review findings received under subsection (2); and

    (e)     address any other matter requested by the oversight group or CEO.

    (4)     In this section:

"oversight group" means the oversight group established under the policy prepared under section 293P.

293S     Tabling of report

The Minister must table a copy of the report of a review mentioned in section 293Q in the Legislative Assembly within 6 sitting days after receiving the report.



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