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Mr MIKE BAIRD (Manly) [6.56 p.m.]: In principle the Opposition is supportive of amendments in the bill that rectify problems arising from the amalgamation of the Commission for Children and Young People Act 1998 and the Child Protection (Prohibited Employment) Act 1998 in January this year. The Opposition is also supportive of changes that empower the Commission for Children and Young People to conduct more effective checks on people who work with children. We applaud the commissioner and her staff for their work. I congratulate Gillian Calvert. In my short time as shadow Minister I have been impressed with her understanding of the work she is doing and the passion and capacity she shows in executing the role of commissioner. She has provided information to me first-hand and over the phone at any time and she has certainly helped me to understand the issues that she is facing. I commend her for the work that she is doing for the Government and for the youth of New South Wales.
We do have some concerns about the bill. Those concerns relate to ensuring that the community is informed of the changes. Although the bill makes some welcome changes to the Act, we are concerned that the community at large may not be aware of them. It will be suggested to the Government that it undertake a campaign to inform the community about the coming changes, which will protect children. The campaign should ensure that employers understand their responsibilities. It is one thing to say that employers must do something, but it is another to ensure that they understand what they are supposed to do. Parents should also be aware of the background checks that should be carried out if someone is working with children. Using my three young children, the third of whom goes to kindergarten, as an example, I had not thought of asking what security checks were done of kindergarten teachers and the like. It is appropriate that those checks should be understood and undertaken. The community should be made aware of the campaign because, unfortunately, children are taken advantage of in certain circumstances. That is the genesis of the bill.
We support the provisions that enable the commission to investigate deaths of New South Wales children that occur in other parts of the country. I commend the Hon. Catherine Cusack, a State Liberal member of the Legislative Council, for her tireless work in this Parliament on this specific issue. Several years ago she identified an anomaly in statistics relating to child deaths in cross-border communities. She noticed that figures for deaths in areas close to the New South Wales border were very low.
However, that was not because children were safer in these areas. For example, if a New South Wales child dies in a road accident at Lismore and is taken to hospital in Brisbane, the death is recorded as a Queensland fatality. Importantly, the bill provides the commissioner with the authority to investigate interstate deaths, to begin to correct any misleading statistics and to ensure that we have accurate information about the causes of child deaths so that we can reduce the risk factors. The commission will be able to include in the statistics the deaths that occur at the State's borders and will have the authority to investigate them. The Opposition supports that measure. However, this new power depends on the cooperation of States and Territories. They will be more willing to provide the New South Wales Commission for Children and Young People with information if they are permitted to seek information about the deaths of children from their State.
The Opposition calls on the Premier to proactively encourage other States to empower their commissions with a similar authority. Unless we have that communication children will slip through the cracks. The Opposition strongly believes that every death of every child in this State should be properly investigated. We commend the bill and the Government for introducing this measure. It is long overdue and it will make a difference. No child's death should be in vain; lessons should be learnt. All members should implore the Government to ensure that every child's death is understood and that the circumstances of it are not repeated.
The Opposition supports empowering the Commission for Children and Young People to access more detailed information in background checks on employees who work with children. Employers are required to provide the commission with basic identification details of employees who have had proceedings launched against them. This does not relate to the details of the incident when the child was harmed. It is difficult for the commission to conduct thorough background checks with limited information. The bill provides that employers will also provide details about the circumstances of the conduct when reporting employees to the commission. Again, the Opposition believes that measure is important and we support it.
Awareness is an important issue and we implore the Government to consider it. The bill better defines employers' responsibilities to the commission, particularly in relation to the notification of employment proceedings. There will now be a clear statement of what employers must do and when. They are confused about when they need to notify the commission that proceedings have been launched against an employee. However, employers need to have decided what disciplinary action they intend to take against an employee before they notify the commission. The Government argues that this clarification means that employers will think more carefully about the consequences of the conduct they have reported and that it will also encourage them to revise risk management procedures.
However, changing the definition in the legislation does not guarantee that employers will be more aware. Introducing legislation to tick a box is one thing, but the Government should also conduct an awareness campaign so that employers clearly understand their responsibilities. Publishing the changes to the commissioner's guidelines, as is proposed, does not ensure that employers will understand their obligations. How many parents know the responsibilities of those employed to care for children? If we were to ask our friends and ourselves and we answered honestly, not many of us would know. That is the second aspect of the Government's responsibilities in relation to this bill.
The bill also provides for the Commission for Children and Young People to charge for certificates issued to self-employed people who work with children after background checks have been conducted. However, very few parents are aware that they should ask to see these certificates when hiring someone to work with their children. My middle daughter, Kate, has an English tutor. She certainly could not look to her father for help in that regard; I did not do very well in English. Such employment could involve a netball coach, a singing teacher and so on. This is a very sensible provision. People performing such roles should undergo background checks.
However, we need a broadbased awareness campaign that encourages people to ask to see such certificates when employing people in those roles. Such a campaign would take the positive changes in this legislation to the community. Parents, self-employed people and companies would be aware of information that is vital in protecting children. That is the genesis of the bill. The Opposition supports its tenets because it is about protecting children. The Treasurer should provide funds to invest in an awareness campaign. They would not be wasted; they would be very well spent.
I am also concerned that no funds have been provided for employer audits to be conducted. That is my main concern about the bill. More than two years ago the Minister for Community Services at that time increased the Commission for Children and Young People's powers to audit employers and check their compliance with the Act. On 15 November 2005 Minister Reba Meagher stated:
It appears that a small number of employers have deliberately decided not to request background checks, which may mean that children are at greater risk in those workplaces This bill will give the commission increased powers to order compliance with the Act, particularly by asking employers to provide documentary evidence that they are meeting their child protection obligations. Employers who are not found to be complying will be issued with a notice to comply ... This stronger compliance system is further demonstration of the Government's commitment to protecting children.
The review of the 2005-06 annual report of the Commission for Children and Young People states that not one audit of an employer had been conducted because the commission "needs additional funds to undertake this role". I am sure that when that legislation was introduced the Opposition would have supported those important audits. The commissioner would welcome that funding and the audits should be a priority next year. If certificates are being issued but compliance is not being audited, how do we know who is complying with the legislation? The Opposition encourages the integrity of the audit process and it should be prioritised in the implementation of this legislation.
The Opposition also has concerns about foster carers. It is pleasing that this legislation addresses an anomaly resulting from the amalgamation of Acts earlier this year which meant that people working with children to whom they are related did not need to undergo background checks. The Opposition is concerned that if someone is found to be a prohibited person that person will not be ruled out as a foster parent. The Hon. Catherine Cusack has identified this as a key issue. The Opposition has received assurances from the commissioner that children will not be placed in the care of dangerous people. Although it seems to be a commonsense request, we call on the Government to ensure that that is the case. It is very difficult to include a broad prohibition in the legislation because we cannot be specific about every case and the myriad different circumstances that arise. However, we call on the Department of Community Services, the Minister and the Premier to ensure that the department does not consider those who are deemed as a result of security checks to be high risk in any capacity as a foster carer. The onus is on the Government to ensure that that issue is addressed in this legislation.
I reiterate the Opposition's call to the Premier to initiate interstate discussion to ensure cooperation in investigating child deaths in cross-border communities. It is imperative that other States follow this State's lead. I am pleased to endorse the Government's taking a leadership role in this regard. However, I urge it to provide the resources that the commission needs to conduct employer audits. They should have been conducted since November 2005. In addition, the intent of this bill should be communicated to parents and employers. The Opposition believes that unless these positive steps are communicated to the community and understood, the bill's objects will not be achieved. The Opposition supports the bill, commends the Government for its tenets and encourages it to consider this constructive criticism. The Opposition is committed to doing everything possible to protect our children.
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