Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-Determination and Other Matters) Act 2023

Why is this Act important?

The Act is an important step in our plan to meet the Closing the Gap National Agreement target to reduce the rate of over-representation of Aboriginal children in care by 45 per cent by 2031.

The Act:

embeds the Victorian Government’s commitment to Aboriginal self‐determination in the legislative framework for children and family services, by introducing a Statement of Recognition and principles for all decision makers involved with Aboriginal children and their families in the child protection system
introduces a Health Statement of Recognition and non-binding principles to the Health Services Bill 1988 and Public Health and Wellbeing Bill 2008
enables the Aboriginal Children in Aboriginal Care (ACAC) investigations pilot to progress by broadening the authorisation process under Section 18 (S 18) of the Children, Youth and Families Act 2005
allows Aboriginal agencies authorised under S 18 of the Act to access to the child protection Client Relationship Information System (CRIS)
strengthens the legislative provisions for the Aboriginal Child Placement Principle
amends the Reportable Conduct Scheme to improve the effectiveness of the scheme
provides necessary transitional provisions to support the new Social Services Regulator and the Worker and Carer Exclusion Scheme
empowers the Commission for Children and Young People to advocate on behalf of children and young people, and
enables the Children’s Court of Victoria to make rules that delegate certain powers of a registrar or magistrate to a Judicial Registrar.

Work is underway in the department to strengthen existing ways of working to support the implementation of the Act and the new principles.

Key initiatives

Strengthening provisions for Aboriginal Community Controlled Organisations

Under the Aboriginal Children in Aboriginal Care program, authorised Aboriginal Community Controlled Organisations can actively work with an Aboriginal child’s family, community, and other professionals to develop and implement the case plan and achieve their goals in a way that is culturally safe and in the best interests of the child.

The Act simplifies the authorisation process for Aboriginal agencies to work with an Aboriginal child and/or their non-Aboriginal sibling.

The Act also permits the delivery of the Community Protecting Boorais program. The program allows authorised ACCOs to investigate reports made to child protection about Aboriginal children and/or their non-Aboriginal sibling enabling them to engage with Aboriginal families earlier.

Amending the Reportable Conduct Scheme

The Act introduces a suite of contemporary monitoring and enforcement powers for the Commission for Children and Young People (the Commission).

These powers allow the Commission to monitor and enforce compliance with the existing requirement to notify the Commission about reportable allegations.

The Commission, alongside Victoria Police, can also start criminal proceedings in relation to offences under the Reportable Conduct Scheme.

Advocacy function for the Commission for Children and Young People

Some children and young people need advice, information, and support to navigate the system if they are abused, threatened, feeling unsafe or unhappy about their experience in statutory care.

The Act provides the framework for an advocacy function at the Commission for Children and Young People. This is for any child or young person in the child protection and care system. This includes those who were in the system in the last 6 months, or who have accessed services through the Better Futures and Home Stretch program.

This, when implemented, will help provide independent, child and young person-centred assistance and advice which is respectful, culturally inclusive and trauma informed.

Frequently asked questions

What are the existing principles when working with Aboriginal children and their families?

The Children Youth and Families Act 2005 gives the Secretary, and delegates of the Secretary, 4 sets of guiding principles when making decisions as protective intervenors:

Best interest principles (Section 10)
Decision-making principles (Section 11)
Additional decision-making principles when working with Aboriginal children and their families (Section 12)
Aboriginal Child Placement Principle (Section 13-14) (only in relation to placement of an Aboriginal child in statutory care).

Will the Statement of Recognition and new binding principles replace the existing principles?

The Statement of Recognition Act introduces 11 new binding principles in the Children Youth and Families Act 2005 for all decision makers involved with Aboriginal children and their families in the child protection system.

The new binding principles (in section 7E) will not replace the existing principles mentioned above. Any decision relating to an Aboriginal child must be made subject to the best interest principles (in Section 10 of the Act).

What does this look like in practice?

The new binding principles allow Aboriginal children and families to have a say in decision-making. It places the child’s right to culture and self-determination in the centre of child protection practice.

More information

Access the Bill on the Victorian Legislation website. The Act will be available from 1 July 2024.

Email: CP.ExecOffice@dffh.vic.gov.au

For more information, visit:

Aboriginal children in care webpage on our Providers website. Information about Community Protecting Boorais is available on our Services website.
Victorian Child Protection Manual for child protection practitioners and managers.