Inquiry into compliance with the intent
of the Aboriginal Child Placement
Principle
July 2015
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About VCOSS
The Victorian Council of Social Service (VCOSS) is
the peak body of the social and community sector in
Victoria. VCOSS members reflect the diversity of the
sector and include large charities, peak
organisations, small community services, advocacy
groups, and individuals interested in social policy. In
addition to supporting the sector, VCOSS represents
the interests of vulnerable and disadvantaged
Victorians in policy debates and advocates for the
development of a sustainable, fair and equitable
society.
This submission was prepared by Brooke McKail with
input from VCOSS members.
Authorised by:
Emma King, Chief Executive Officer
© Copyright 2015
Victorian Council of Social Service
Victorian Council of Social Service
Level 8, 128 Exhibition Street
Melbourne, Victoria, 3000
+61 3 9235 1000
For enquiries:
Llewellyn Reynders, Policy and Programs Manager
llewellyn.reynders@vcoss.org.au
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Introduction
The Victorian Council of Social Service (VCOSS) welcomes the Commission for Children and
Young People’s (CCYP) inquiry into compliance with the intent of the Aboriginal Child Placement
Principle (ACPP).
Current approaches to reducing numbers of Aboriginal children in child protection are failing. The
alarming 42 per cent increase in the number of Aboriginal children in out-of-home care in the year
to June 20141 is evidence of the need for a statewide, strategic approach. Aboriginal children are
now 16 times more likely to be in out-of-home care than non-Aboriginal children.2
Connection to community, family and culture is fundamental to wellbeing of Aboriginal people.
However, approximately 70 per cent of Aboriginal children in out-of-home care in Victoria in 201314 were placed with non-Aboriginal carers. About 81 per cent of Aboriginal children do not have a
cultural support plan to maintain and nurture their connection to culture and community.3
“For many Aboriginal children, being removed from the family home also means loss and
disconnection from their local community, from their culture and land. This sense of loss of
identity and culture, dispossession and separation from local community is the same as
those experienced by the Stolen Generations.”4
In recent advocacy, VCOSS has called for an expansion of the capacity of Aboriginal community
controlled organisations (ACCOs) so they can further support vulnerable Aboriginal children and
young people, a renewed focus on cross-sectoral approaches, and increased funding for early
intervention and intensive family support.
In general, VCOSS supports the recommendations made in the Koorie Kids: Growing Strong in
their Culture submission to the CCYP by the coalition of ACCOs and mainstream community
organisations.
VCOSS looks forward to continuing to work with the Commission for Children and Young People
and the Aboriginal community controlled sector in working to address the high rates of Aboriginal
children in out of home care and improving compliance with the Aboriginal Child Placement
Principle.
1
Productivity Commission, Report on Government Services, 2015, Table 15A.18.
Commission for Children and Young People, Annual Report 2013-14, 2014, p. 37.
3
Victorian Auditor General’s Office, Residential Care Services for Children, 2014, p. 18.
4
Aunty Sue Blacklock, Media Release: Aboriginal Elder becomes first ACCP Ambassador for Children, Australian Centre for Child
Protection, 28 January 2014.
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1. What is the underlying intent of the ACPP?
VCOSS supports the CCYP’s suggestion that the underlying intent of the ACPP is to ensure the
removal of children from their families is a last resort and every option should be explored before a
decision is made to remove a child from their family of origin.
Where removal is required, every effort should be made to ensure children grow up with a strong
connection to their cultural identity.
These principles are supported by other legislative frameworks guiding the way government
operates in Victoria, including the Charter of Human Rights and Responsibilities which requires
government to respect Aboriginal people’s specific cultural rights to:

enjoy their identity and culture

maintain and use their language

maintain kinship ties

maintain their distinct spiritual, material and economic relationship with the land and waters.
2. What should constitute ‘compliance with the intent of the
ACPP’ in Victoria?
Compliance with the ACPP should be broader than identifying a suitable placement. It should
extend to:
a) Ensuring Aboriginal kinship carers are well-supported. VCOSS members report many
carers of Aboriginal children report they do not feel well supported. This is especially the case
among related family members caring for children, who often take on the carer role with little
preparation and can struggle to meet the financial, emotional and other needs of a vulnerable
child.
b) Reflecting the principles of self-determination; including Aboriginal participation in decision
making that effects Aboriginal children and families. Aboriginal Family Led Decision Making is
one strategy to include family members, children, community members and respected Elders in
the decision-making process for Aboriginal children. However, often Aboriginal Family Led
Decision Making conferences are being delayed or not organised for months or years. A more
timely response is needed. Similarly, the Aboriginal Child Specialist Advice and Support
Service (ACSASS) program, which encourages Aboriginal consultation and participation in
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decision making, is constrained by a resource base that has not grown to match the increasing
number of child protection notifications and children in care.
c) Ensuring ongoing compliance with cultural support plans. VCOSS has heard reports that
even where Aboriginal children who are placed with non-Aboriginal carers have cultural support
plans in place there is little or no long-term monitoring for compliance with these plans. Over
time these children can lose their connection to community and culture. In addition, plans are
not always given proper consideration and as a result they may be less thoughtful or
meaningful than they could be and therefore less effective in nurturing and maintaining the
child’s connection to culture.
3. What are the strengths and/or weaknesses of the current
Victorian system in complying with the intent of the
ACPP?
The Lakidjeka and ACSASS programs advise DHHS and the child protection system on culturally
relevant ways of working with Aboriginal families and children in all significant child protection
decisions. According to the relevant legislation, ACSASS must be consulted about identifying
suitable placements and the development of cultural support plans. This program is seen by other
Australian jurisdictions as a best practice example of Aboriginal participation in decision making.
Similarly, the recent commitment to every Aboriginal child in care having a cultural support plan is
welcome and we commend the CCYP and ACCOs for the advocacy that led to this commitment.
However, despite these positive initiatives, consultation and engagement with Aboriginal family
and community members about decisions related to placement of children is often limited or not
genuine and meaningful. Community representatives report that Aboriginal family members are
often dismissed as unsuitable carers for reasons that are unclear or based on flawed assumptions.
Some family members report not being notified that a child requires care in the first place.
Additional resourcing is required to support the ACSASS program around the state. With the
number of Aboriginal children in out of home care growing, the program struggles to meet the
demand for its active involvement in decision making.
In addition, many families (including parents, grandparents and other kin) who come into contact
with child protection authorities lack information about the process and are unaware of their legal
and other rights. Without awareness about their rights it is difficult for people to effectively
participate in decision-making and ensure the Department of Health and Human Services (DHHS)
is meeting its obligations under the ACPP. The government can ensure people are informed about
their rights by expanding the capacity of Aboriginal advocates and legal assistance services to
support them. DHHS can also ensure it is supporting the ACPP by providing people with
information about their rights and how to access additional support, including legal assistance.
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4. What can be done to improve compliance with the intent
of the ACPP in Victoria?
Improved compliance with the ACPP requires increased resourcing for ACCOs and improved
cultural competence of child protection workers in DHHS and community organisations.
Knowledge and understanding about the ACPP and Aboriginal community and culture is
inconsistent across departmental and judicial staff members. Additional training and education is
needed to improve cultural respect and awareness for all workers in the child protection system.
Improved cultural connectedness can also be achieved by increasing the number of Aboriginal
children case managed by Aboriginal organisations. For example, best practice would be ensuring
all children newly entering the system are managed by Aboriginal organisations or Aboriginal
organisations in partnership with a mainstream community organisation who demonstrates cultural
safety in their practice. In addition, VCOSS supports the transfer of guardianship of Aboriginal
children to Aboriginal organisations by implementation of section 18 of the Children, Youth and
Families Act 2005.
Unlike foster carers, kinship carers do not receive increased reimbursement to support children
with more intense and complex needs. This means there is a difference of about $25,000 between
the annual general allowance most kinship carers receive, and the highest allowance a foster carer
can receive. As a result more than half of Victoria’s current kinship carers report experiencing
financial stress. Children in kinship care should be funded at the same differential rate as children
in foster care. Increasing kinship carer reimbursement rates would also support more family
members to take on kinship caring roles, potentially encouraging compliance with the ACPP.
While we understand the scope of this inquiry is limited to compliance with the ACPP, we would
also highlight the importance of improving supports for vulnerable parents to prevent the need for
removal. In particular, VCOSS is concerned about the responses to Aboriginal mothers who are
victims of family violence. VCOSS members have reported situations where child protections
workers blame non-abusing mothers for failing to protect their children by preventing violence,
despite them also being victims. In order to ensure victims of family violence can safely care for
their children, this can be achieved by adopting a more therapeutic approach to supporting the
victims of family violence.
Similarly, more support is needed for vulnerable parents whose children are on temporary
placements, to promote and encourage early reunification. For example, VCOSS is interested in
monitoring the outcomes of the Family Drug Treatment Court (FDTR) model that supports
improved collaboration between support services, the court system and families with a shared goal
of reunification. In the FDTC model, intensive case management and wrap-around support is
provided by a multi-disciplinary team to address complex issues including substance misuse,
mental health, housing, family violence, financial and parenting issues.
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