Mr DEAN ( Windermere ) - Whilst
this is a small bill and covers really the main two points, it is a really
important bill because it provides for greater support and greater protection
of our most vulnerable people, and they are in the main young children
and babies who really rely on an adult for love, care, support and all
of those other things. It is very important, in my view, and I certainly
will be supporting the bill.
It is interesting that hardly a day goes by now where we do not read in
the written media something to do with child abuse. I do not know whether
there is a lot more of it now happening or whether there is a greater
awareness of it and a greater reporting of it. Even yesterday in the Examiner
there was a case and the headline was 'Trial over hurt child'. The child
there was an 18-month-old child where the mother of the child was before
a court and it will be going to a supreme court in relation to it. Her
male partner also had been charged with similar offences of abuse and
he was, I think, yet to plead in relation to it.
If you go back to the day before that and the day before that there was
a coronial inquiry on the north-west coast in relation to a baby that
was deceased, and that matter is probably still ongoing and I think the
coroner's report will be considered by the DPP shortly.
Then you go back again to the horrific case - and I think it would have
brought tears to the eyes of most rational people - the George Town case
where the injuries to a young baby there were absolutely horrific with
broken bones and bruises, just an incredible situation, an unbelievable
situation. You might recall that the male person charged in connection
with that child said that he got upset with the child because a six-month-old
child had kicked him in the testicles.
Ms Rattray - Wasn't it six weeks old?
Mr DEAN - Six weeks, was it? It might have been six weeks.
Ms Rattray - It was a tiny baby.
Mr DEAN - It was. It was very tiny but he had carried out retribution
on the child because the child had kicked him in the testicles, that was
his comment and I think the judge made comment on that or the court made
comment on that. But I simply highlight the fact that there are that many
cases happening now and to me it is very important that the legislation
be tightened in relation to the reporting.
In reading the second reading speech you will have noticed obviously there
is reference made to the New Directions for Child Protection in Tasmania
report. That is a lengthy report and in fact there are about 147 pages
or so in that report, and I understand some of these changes are around
some of the comments made and recommendations made from that report and
I suspect there will be a lot more made into the future. It is a very
interesting report and I have not read right through it at this stage
but I have certainly read through the -
Resumed from page 20
[2.45 p.m.]
Mr DEAN ( Windermere ) - I think I reached the stage of mentioning the
New Directions for Child Protection in Tasmania report, that lengthy
report of 147 pages. I will read that report into the Hansard in a moment.
There are some interesting things there and I just want to read - in
the introduction, in fact, in the executive summary of it, it tells
you what will occur in the future and it refers to the whole-of-system
reform and what it will be. There are four points there and I will read
those because it is probably a while since some of you have read that
report. The first one is:
'? provide a service system for children and families that is based
on a continuum ranging from primary and preventative services through
to tertiary and statutory services;
" strengthen the Child Protection system to better respond to at
risk children in collaboration with the Family Services system;' -
'strengthen' - so that touches on the point that the member for Nelson
referred to and there is another part in this report too that is worth
mentioning, about it being no good having this in place unless you have
got the resources and the funding there to support it. The third point
was:
'? build a Family Services system that is able to respond to children
and families with emerging problems;' -
and the fourth one is:
" 'reform the Out of Home Care System for children so that it can
provide a range of quality placement types for children with a range
of support and care needs.'
If you look at those four points, they are four very strong areas. If
they were all in place, strongly entrenched and being worked -
Ms Rattray - And funded.
Mr DEAN - and funded, we probably would not have seen the situation
that we saw with the 12-year-old girl that we all know a lot about.
It may not have occurred, so the member for Nelson is absolutely right;
it does not matter what you have got in writing, it does not matter
what you have got in legislation, unless you have got the funding there
and the resources to carry out this work, it will not happen and we
will see these things going on continually. I just hope and press on
the Government the need to provide the resources that are necessary.
I know that there are many other areas screaming out for resources as
well but I think that, with our children who are extremely vulnerable
and with the number of cases that we have seen and read about recently,
it identifies very clearly the need now to put a lot of work and reasonable
funding and resources into this area, as I have said.
I, like my colleague in law, the member for Rumney, have seen many obviously
serious neglect and abuse cases of children throughout -
Mr Parkinson - Law enforcement will do.
Ms Forrest - Are you a lawyer?
Mr DEAN - No, I meant in policing. We have seen many cases of neglect
and abuse in our time. I recall a case, in fact, in the member for Derwent's
area; a place called Black Bobs - you might recall it - when I was a
fairly young police officer and a complaint was made in relation to
young children. The member for Rumney might recall this, where these
children were actually tied up like dogs with chains around their necks.
I recall that as one of my very first child abuse cases or neglect cases
going back many years ago; some very shocking cases. There have been
a number of cases since then that I have attended and could refer to
but I think that I am making my point in referring to that one. I recall
a time that was interesting when - the member for Hobart might recall
- the charge that we used to have in the courts of neglected child.
When I was a police prosecutor I recall prosecuting a number of children
being prosecuted for being a neglected child and convictions and records
being made against those children in a court.
Mr Parkinson - In the Children's Court.
Mr DEAN - In the Children's Court. The child was the one that was being
penalised and not the parents that were creating and causing these issues
in the first place. Horrendous, when you think about it, isn't it?
Mr Finch - How do feel about that now?
Mr DEAN - I feel fairly ordinary about it really because as my position
as prosecutor I was responsible for some of those convictions. In fact
I was, and I started off my career, there as a children's court prosecutor.
That was normally your start and you would move up then into criminal
matters and move forward. Thinking back on that it sends shivers up
your back that the child was being demonstrated as being the wrongdoer
- the person that was bad. Thank goodness we have moved on and we now
have that right and moving in the right direction.
I contacted Anglicare and the Salvation Army and their views were similar.
They see this as being wonderful legislation. What both organisations
have said to me is that this is an accepting of the organisation as
a reliable and acceptable organisation for the care of children. It
is then up to them to ensure that the people that these children are
taken to and are caring for them are responsible people, and they have
to make sure that they meet the department's requirements in their backgrounds
and background checks. Both those organisations are delighted with this
legislation and they had been approached, which is a good part of this
also, so they knew what was going on.
Another one that I wish to mention is the mandatory reporting. We often
talk about this. My own view is that it ought to be mandatory reporting
on anybody - anybody that is aware of child abuse, child neglect - I
believe it ought to be mandatory reporting for all people, not just
doctors and not just teachers.
I know that this has widened this area and I take it the area, I think
it is 101, referred to in one of the amendments there, that covers where
a lawyer or a member of the clergy becomes aware of child abuse that
they now have some responsibility to report that or to make a department
aware of that and that they have some protection there in doing that.
I wonder whether that should be touched on and considered. Another thing
that I would like to know is just how many mandatory reports have there
been made in the last financial year, if that is immediately available,
by doctors and made by teachers that would fit into this legislation.
How many mandatory reports have been made in those two areas?
In concluding, I would also like to take this opportunity to commend
the member for Derwent on a wonderful inaugural speech. It was entertaining
and very well prepared. Congratulations.
Mr Farrell - Thank you.
Mr DEAN - Having said that, I will be supporting the legislation.
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