The South Australian government has gained sufficient support from the state’s crossbench to pass its new child protection laws, despite concerns from advocates that the reforms do not fully align with United Nations conventions.
On Tuesday, Greens MLC Robert Simms and independent MLC Frank Pangallo announced their backing for the Children and Young People (Safety and Support) Bill, which introduces several changes to the state’s child protection and family support systems.
Their support ensures the government has the necessary votes in the upper house to pass the legislation.
Child Protection Minister Katrine Hildyard described the bill as a “generational reform” and emphasized the opportunity to make a meaningful difference in the lives of children, young people, and their families.
While the government argued that a specific clause provides “absolute clarity” for workers deciding whether to remove children, child protection advocates, opposition members, and some crossbenchers argued that the child’s “best interests” should remain the central focus of the bill.
Minister Hildyard said the latest version of the bill “enshrines the safety-first principle,” prioritizing safety when considering child removal.
Crossbenchers acknowledge bill imperfections
Robert Simms acknowledged the bill was not “perfect” and that some stakeholders might be disappointed by the outcome.
He urged critics not to let the pursuit of perfection hinder progress, noting that the bill represents a significant improvement over the current system.
Simms highlighted improvements secured during negotiations, including stronger emphasis on the best interest principle, prioritizing keeping families together where possible, placing children with siblings or familiar persons, and improving the viability of reunification through court orders.
No deals made to secure support
The government stated the bill “elevates” consideration of the child’s best interests in decision-making, empowers Aboriginal families to lead decisions about their children, and expands family group conferencing.
Minister Hildyard emphasized the bill’s importance in amplifying the voices of vulnerable children, strengthening reunification efforts when safe, and introducing for the first time a progressive best interest principle guiding all decisions affecting children’s lives, care, family connection, and community participation.
Independent MLC Frank Pangallo said no deals were brokered to secure his support.
He acknowledged the bill might not be perfect but noted it includes a review scheduled for 18 months after passage and described it as “a very good bill” aiming to achieve positive outcomes.
Concerns over missed opportunities
South Australia’s Guardian for Children and Young People, Shona Reid, said the bill does not fully comply with the UN Convention on the Rights of the Child, which prioritizes children’s best interests above all else.
She called the legislation a “missed opportunity” and said more work is needed to meet UN commitments on children’s rights.
However, Reid expressed confidence that child protection workers genuinely prioritize children’s best interests and said recent amendments have improved the recognition of children’s voices in the bill.
Opposition child protection spokesperson Josh Teague reaffirmed the Liberal Party’s stance that children’s best interests should be the foremost consideration in the legislation, stating that the government has heard this message clearly.
