Bill to help keep families together passes Parliament

10 November 2022

A bill which addresses Aboriginal over-representation and increases support for children in out-of-home care (OOHC) has passed both houses of NSW Parliament.

The Family is Culture (FIC) Bill implements 14 recommendations from the report completed by Professor Megan Davis from the University of New South Wales. More than 3,000 other recommendations have already been implemented since the report was finalised three years ago.

Minister for Families and Communities, and Minister for Disability Services Natasha Maclaren-Jones said this is an historic moment for children and young people in NSW.

“The NSW Government is committed to addressing Aboriginal over-representation in OOHC,” Mrs Maclaren-Jones said.

“Crucially there will now be a legislative requirement to take active efforts to keep children safe at home with their parents, families or kin when it is possible to do so.”

The changes will improve the provision of culturally appropriate care for Aboriginal children and give Aboriginal families a greater say in decision making and more involvement in court proceedings.

The legislation ensures there will be greater accountability and transparency in the child protection system, and there will be improved casework and culturally sensitive assessments.

The FIC report’s legislative reforms were informed by, and developed in consultation with more than 130 stakeholders.

The Bill requires a greater focus on culturally appropriate early interventions. The Government continues to make targeted investments in this area, including:

• an additional $98.7 million to establish new Aboriginal Child and Family Centres and expand centres that already exist, to provide culturally safe, integrated health and childhood services
• $38.6 million for statewide expansion of the Pregnancy Family Conferencing program for vulnerable women and their families, delivered jointly by the Department of Communities and Justice and the Ministry of Health to help families get the support they need before the birth of a child
• diverting up to $11 million per year in family-preservation funding to Aboriginal Community-Controlled Organisations (ACCOs) by June 2024 to support around 300 more Aboriginal children and young people each year
• $3.91 million over four years to develop an Aboriginal-led commissioning model that involves Aboriginal communities in the design, delivery and monitoring of programs and services for Aboriginal families, and
• $9.89 million over four years for families at risk of having their children removed to access legal advocacy support delivered by the Aboriginal Legal Service
• $8.67m to support the Strong Families, Our Way project team within a leading ACCO to ensure strong governance, resourcing and training as they coordinate with the NSW child and family system.