The Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-Determination and Other Matters) Act 2023 (Statement of Recognition Act) is a legislative amendment to the Children, Youth and Families Act 2005 (CYFA).
The Statement of Recognition Act was passed in Parliament on 20 June 2023 and came into effect on 1 July 2024.
The Statement of Recognition Act aims to progress the Victorian Government’s commitment to self-determination for Aboriginal peoples, as well as ensure the cultural rights of Aboriginal children are upheld throughout Child Protection involvement.
Overview of the Statement of Recognition Act amendments to the CYFA:
- Strengthened provisions for Aboriginal Community Controlled Organisations (ACCOs) - authorised under s. 18 of the CYFA (Aboriginal Children in Aboriginal Care) – including the ability to work with an Aboriginal child (and their non-Aboriginal sibling) without a Children’s Court protection order.
- A formal acknowledgment (s. 7A) from the Victorian Government that the Child Protection system played a key role in in the dispossession, colonisation and assimilation of Aboriginal people.
- Introduces recognition principles (s. 7E) that Child Protection must consider in all decision-making for an Aboriginal child, as well as provide opportunity for a child’s family, community and ACCOs to contribute to decision-making.
- Legislates further principles for placement for an Aboriginal child (s. 14), aligning with the Aboriginal Child Placement Principle (ACPP) developed by the Secretariat for National Aboriginal and Islander Child Care (SNAICC).
The Statement of Recognition Act amends the CYFA to include a formal acknowledgment by the Victorian Parliament or ‘Statement of Recognition’ (s. 7A). This acknowledgment recognises that:
- the Child Protection system played a key role in the dispossession, colonisation and assimilation of Aboriginal people
- the policies of former Child Protection systems resulted in the removal of Aboriginal children from their families, culture and Country, by compulsion, in an effort to assimilate and extinguish their culture and identity.
The Statement of Recognition Act also amends the CYFA to include recognition principles (s. 7E). The Secretary and delegates of the Secretary, including Child Protection, must consider the recognition principles (in addition to existing decision-making principles in the CYFA) when making decisions or taking action in relation to an Aboriginal child. This extends to the planning and provision of services for Aboriginal children and families delivered under the CYFA.
The recognition principles, like existing decision-making principles in the CYFA (ss.11-12) are subject to the best interests principles (s. 10). The best interests of the child must always be paramount.
Consideration of the recognition principles (s.7E) must be recorded on CRIS for all key decisions and actions undertaken for Aboriginal children. The ‘Statement of Recognition’ case note category should be used for recording at all points of child protection involvement.
See Recognition Principles guidance.
Recognition principles (s. 7E of CYFA)
- The right of Victorian Aboriginal children, families and communities to self-determination must be recognised, respected and supported.
- When considering the views of Aboriginal children, decision-makers must uphold their cultural rights and sustain their connections to family, community, culture and Country.
- Understanding of, and respect and support for, Aboriginal culture, cultural diversity, customary lore, knowledge, perspectives and expertise is to be demonstrated in decision-making.
- Strong connections with culture, family, Elders, communities and Country are to be recognised as the foundations needed for Aboriginal children.
- Historic and ongoing biases and structural and everyday racisms create barriers to the best interests of the Aboriginal child and are to be recognised and overcome.
- The planning and provision of child and family services for Aboriginal children and families is to be based on commitment, accountability and responsibility to Aboriginal people in Victoria, with proper consideration given to the views of ACCO.
- An Aboriginal child’s family, Elders and any ACCO with responsibility for provision of services to the child, each have the right to participate in decision-making and must be given an opportunity to participate.
- Partnerships between the Secretary and ACCO are to be equitable and support self-determination.
- Transfer of decision-making to an ACCO is to be with the free, prior and informed consent of the ACCO.
- Funding is to be transparent, equitable, flexible and sustainable and support self-determination.
- Aboriginal-led community service means a registered community service that is managed by Aboriginal persons and provides services for the benefit of Aboriginal persons.
The Aboriginal Child Placement Principle (ACPP) (s.13) and Further principles for placement for Aboriginal child (s. 14) recognises the importance of an Aboriginal child’s connections to family, community, culture, language, and Country (cultural connections).
Consideration of the ACPP (s. 13) in decision-making for Aboriginal children must promote self-determination and give opportunity for a child’s family, community, Elders and ACCOs to contribute to all significant decisions made for the child.
The Statement of Recognition Act legislatives further principles for placement of an Aboriginal child (s. 14), though must be considered throughout Child Protection involvement. The further principles are:
- Prevention – Aboriginal children have the right to be brought up within their families and communities.
- Partnership – community representatives and other respected persons have the right to participate in decision-making in relation to an Aboriginal child; and community representatives have the right to participate in design and delivery of child and family services.
- Participation – parents and extended family have the right to participate, and be enabled to participate, in any administrative or judicial decision-making process in relation to their child.
- Connection – Aboriginal children have the right to develop and maintain connection with family, community, culture, language, and Country.
Like the recognition principles, ACPP and further principles are subject to the best interests principles (s. 10).