The National Commissioner for Aboriginal and Torres Strait Islander Children and Young People has today held the independent Roundtable in Perth, Western Australia, to address the rights and safety of Aboriginal and Torres Strait Islander children and young people in the State and to discuss the serious and longstanding concerns about whether these rights are being realised.
This Roundtable was held in line with our legal Human Rights mandate.
The Roundtable brought together Aboriginal and Torres Strait Islander Elders and leaders, Aboriginal community-controlled organisations, academics, child rights experts, child protection experts and advocates who gathered with different knowledge and experience, but with a shared concern that the failing systems around First Nations children and families are not providing what children need to be safe and thrive.
National Commissioner Sue-Anne Hunter said the Roundtable discussed the urgent need for action from the Western Australian Government to protect and respect the rights of Aboriginal children across the State.
“First Nations children in Western Australia have a right to be safe, to grow and develop, to be heard, and to remain connected to family, kin, culture and Country. These rights should not depend on where a child lives,” said National Commissioner Hunter.
“The circumstances reported in South Hedland demand answers. But they also require us to look beyond one house, one family, one community and one agency.”
“Keeping children safe is not the responsibility of the child protection system alone. It requires a whole-of-government commitment. Housing, health, education, child protection and family support all shape the conditions in which children live and develop. Statutory child protection must act when a child is unsafe, but it cannot compensate for failures elsewhere.”
Addressing the media after the roundtable, the WA roundtable has called on the WA Government to take immediate action on:
- Legislate an independent Aboriginal and Torres Strait Islander Children’s Commissioner, with the independence and powers to monitor and advance First Nations children’s rights across Western Australia.
- Establish an independent peak body that represents all Aboriginal and Torres Strait Islander children and families to address coordination and accountability across the State.
Regarding the Pilbara, the National Commission is set to embark on a Rapid Review – an independent examination of child protection and the broader child and family support system in the Pilbara.
The Review will start with what is already known. Aboriginal and Torres Strait Islander children, families, Elders and communities should not be repeatedly asked to establish problems that have already been documented.
It will examine how children move through the continuum of support and protection, and the consequences when that continuum breaks down. It should test whether First Nations knowledge and authority shape decisions, recognise the protective capacities of families, kin, Elders, communities and Aboriginal Community Controlled Organisations, and identify why previous reforms have not produced sustained change.
Although focused on the Pilbara, the Review will identify wider implications for Western Australia where problems arise from statewide legislation, policy, funding, workforce, data, commissioning or accountability.
National Commissioner Sue-Anne Hunter said South Hedland requires immediate accountability.
“The Pilbara requires sustained attention. Western Australia must ensure its systems give practical effect to the rights of First Nations children wherever they live,” said National Commissioner Hunter.
“The test is in the implementation. The value of the Rapid Review will be measured by what follows: what changes for First Nations children, whether their rights are realised in practice, and whether governments are accountable for delivering and sustaining that change.”
“The circumstances reported in South Hedland must not define South Hedland, its First Nations families or its communities.”
“South Hedland is a community that cares deeply about its children. Elders, First Nations women, families and local organisations hold knowledge, relationships and cultural authority that protect children and strengthen families. Their repeated calls for action demonstrate that care and leadership.”
“Government’s responsibility is to support that leadership and ensure communities have access to skilled, stable and culturally safe services.”
“Regional communities should not be expected to compensate for gaps in government systems or essential services. Aboriginal and Torres Strait Islander leadership and community strength must be matched by sustained government investment, capable services and clear accountability.”
The National Commissioner will now take the findings from the Roundtable discussion and finalise the Terms of Reference for the Rapid Review. A final report will be delivered in the coming months.