Child Safety in the context of the Commission Brisbane 6 May 2011

1. Child Safety in the context of the CommissionBrisbane 6 May 2011 David Glasgow – Commissioner Tammy Sovenyhazi - Registrar Family Responsibilities Commission

2. Based on the ‘Hand Out to Hand Up’ Report (Noel Pearson, May 2007)

3. Agenda for Reform Unacceptable indicators for Indigenous compared with non-indigenous Australians Indicator Indigenous Australians compared with non Indigenous Australians Infant mortality Infant mortality rates 2-3 times higher - Birth weight Low to extremely low birth weight twice as likely School Attendance School attendance in some areas of Cape York eg Aurukun averages 46 % as at term 1 2008 Alcohol sales Per capita consumption in Cape York communities is around 4 to 4.5 times the national average Children on Indigenous children are almost 7.5 times as likely protection orders to be subject to a protective order • STI’s: Indigenous children are more than twice as likely to contract an STI associated with child sexual abuse than non-Indigenous children • Corrosive effect of passive welfare – a range of Government policies beginning in 1970s and 1980s has displaced responsibility from Indigenous people. • General need for fundamental rethinking of community functioning and service provision

4. What is Cape York Welfare Reform? The CYWR is a series of integrated initiatives that tests new approaches to: Linking access to welfare payments conditional on obligations regarding behaviour Increasing individual responsibility and active participation within the community and real economy, and Achieving integrated service delivery and reform that removes disincentives which cause dependency cycles and achieves better outcomes Outcomes of the trial are expected to be: Rebuilding positive social norms Restoring local Indigenous authority Supporting community and individual engagement in the ‘real economy’ Moving individuals and families from welfare housing to home ownership. Normalising Government responsibility and involvement

5. Partners Individuals and Families Local Leadership: Councils (Aurukun and Hopevale) and Community Leaders (Coen and Mossman Gorge) Queensland Government Australian Government Cape York Institute for Policy and Leadership Family Responsibilities Commission (FRC) Service Providers – Non-Government/Regional/Contracted organisations

6. New service delivery models Wellbeing Centres established in all four trial communities - jointly funded between AG and QG Family Income Management Services in all four communities – funded by the AG School Attendance Case Managers in all four communities – funded by the AG Parenting Programs establishment in all four communities

7. The four CYWR Communities Aurukun Coen Hope Vale Mossman Gorge

8. The Cape York Welfare Reform Communities are: Aurukun Aurukun is on the western coast of Cape York and is approximately 900 kls northwest of Cairns and about 200 klms south of Weipa. Estimated resident population of 1209 people at 30 June 2009. Coen The township of Coen is about halfway between Cairns and the tip of Cape York. It is not a discrete Aboriginal community and is part of Cook Shire. Estimated resident population of 272 people at 30 June 2009. Hope Vale Hope Vale is situated on the Cape York Peninsula and is 46 kmls northwest of Cooktown. Estimated resident population of 832 people at 30 June 2009. Mossman Gorge Mossman Gorge is a small Aboriginal community 75 klms north of Cairns, 4 kls from Mossman. It is not a discrete Aboriginal community and is part of the Cairns Regional Council area. Estimated resident population of 147 people at 30 June 2009.

9. Family Responsibilities Commission (FRC) Family Responsibilities Commission Act 2008 passed in the Queensland Parliament on 13 March 2008 The FRC is an Independent Statutory Authority which commenced operation on 1 July 2008 FRC provides an “official” structure within the community where norms around appropriate and inappropriate behaviour can be negotiated and communicated FRC jurisdiction applies to people (Aboriginal or non-Aboriginal): who are welfare recipients or CDEP participants; and who reside (or resided at relevant times) in trial communities

10. Objectives of the FRC 1. To support the restoration of socially responsible standards of behaviour and local authority in welfare reform communities 2. To help people in welfare reform community areas to resume primary responsibility for the wellbeing of their community and the individuals and families of the community

11. Who makes up the FRC? Commissioners: Commissioner David Glasgow, former Magistrate Local Commissioners – 18 Elders or Respected People from the four communities appointed by the Governor in Council Cairns Registry Office: Tammy Sovenyhazi - Registrar Alison Kollmorgen – Executive Officer Sharon Newcomb – Principal Case Manager 15 Administrative staff Local Registry Office based in each community: Aurukun, Coen, Hope Vale and Mossman Gorge Local Coordinator (resident in each community)

12. Priorities of the FRC The focus of the FRC is primarily on early intervention and the wellbeing of children. Our priorities are: School Attendance and Child Safety Notifications Raising local authority in each community - already seeing some positive impacts with Local Commissioners regularly called upon by government agencies and community members to provide guidance and advice Assisting community members subject to the FRC to make decisions to change their lives and assist them through the processes

13. How the FRC works • INTAKE 2. ASSESSMENT 3. CONFERENCE 4.DECISION 5. COMPLIANCE Agencies Referral notices Monitor Gather more information (eg What CS are doing? Confirm welfarerecipient and resident Issue and serve notice to attend FRC Staff 6 & 9 Month CIM Review Decide Conference GO/NO GO Hold Conference Outcome: Agreement or Order Case Plan Review FRC Commissioner/Local Commissioners case plan Show cause Impact on Notifying Agencies, Service providers and other organisations that have contact with our clients

14. The people who make it happen…

15. Commissioners

16. Commissioners

17. Edgar Kerindun Aurukun Commissioner

18. Doris Poonkamelya & family Aurukun Commissioner

19. Brian Cobus Hope Vale Commissioner

20. Commissioners & Friends

21. Intake Phase Agency Notifications: The Act places an obligation on relevant agencies to submit approved agency notifications to the FRC about: School attendance - 3 full or part days within a school term Child Safety Notifications - Child Safety Concern Reports and Finalised Child Safety Investigations Tenancy Breaches Convictions in the Magistrates Court

22. Agency Notifications received To 31 December 2010 the FRC received a total of 9067 agency notifications:

23. Assessment Phase Information Officers determine jurisdiction - who are welfare recipients (or CDEP participants) and reside in the relevant community Local Commissioners determine which matters are brought to conference at fortnightly meetings Conference timetable set Local Coordinators prepare and serve the client with ‘Notice to Attend Conference’ and other conference notices Additional information is sought e.g. Domestic Violence Orders, Probation Orders, Child Safety Case Plans, if appropriate Files prepared in Cairns Registry by administration staff

24. Conference Rules Content of conference is privileged and cannot be used in a court as evidence and rules of evidence do not apply If English is not the clients first language arrangements must be made to ensure the client can understand and actively participate in the conference Conferences are not audio-recorded No legal representation – unless considered appropriate in the interests of justice Client may have support persons attend with them Others may be invited or directed to attend at discretion of Commissioner’s if deemed they could assist with reaching an outcome If individual fails to appear the first conference, the conference is rescheduled to another time Decisions to be unanimous if possible – otherwise by majority (dissenting position must be recorded)

25. Conference Phase Conferences are very informal (e.g. all attendees sitting around a table), chaired by a Local Commissioner Matters raised in the agency notifications are discussed as well as any other matters affecting the individual and their family In Aurukun conferences conducted in Wik-Mungkan Conferences are conducted to assist clients in identifying ways to make changes to their lives Most conferences result in clients entering into an agreement to attend support services such as Wellbeing Centre’s, FIM, ACM or other services available

26. Conference Outcomes To take no further action in relation to the notice Reprimand the person Recommend that the person attend an appropriate community support service Enter into a Family Responsibilities Agreement Direct the person to attend an appropriate community support service under a case plan for not more than 1 year Give the Centrelink secretary a notice requiring that the person be subject to income management for at least 3 months but not more than 1 year at a rate of 60% or 75%

27. Conferences

28. Conferences

29. Conference Outcomes cont’d 2829 Conferences were held for the period 1 July 2008 to 31 December 2010

30. Client Service Referrals Footnote: From Quarter 1 to Quarter 8 the EVFP figures were reported in the ‘Other’ category for the Quarterly and Annual Reports. AFP Referrals commenced in Quarter 10.

31. Client Subject to Conditional Income Management (CIM)

32. Case Management Phase The FRC has an obligation under the act to monitor the progress of clients under a case plan Notice of Decision and Case Plan is served on client if they failed to attend conference Service Providers are provided with a copy of the Agreement/Decision and Case Plan Service providers are required to submit a monthly progress report (during the life of the case plan) to the FRC which provides such information as: Has client attended service? Is the client actively participating in the program? Is the client making progress in positively changing their behaviour? If a client does not comply, show cause proceedings may be commenced.

33. Case Management cont’d CIM Review: Conditional Income Management orders are reviewed at the 6 and 9 month mark to ascertain how the client is progressing. Clients are able to apply for their CIM order to be varied or revoked if they can provide evidence of attendance at community support services. Show Cause Proceedings: Where a client has not complied with their case plan Client is served with a Show Cause Hearing notice giving 14 days notice. When served with the notice the client is advised that if they commence complying with the case plan the Commissioners will take this into account at the hearing. Commissioners may order that the client be subject to Conditional Income Management, reinforce the case plan or revoke the case plan and order a new case plan with different or additional conditions.

34. Student Attendance Rate School Attendance statistics for term 1, 2010 have been provided by the Department of Education and Training.

35. Information Sharing Protocols The Information Sharing Protocols set out the circumstances in which, and the means by which, information may be exchanged between the FRC and prescribed entities and other relevant agencies. The purpose of the information sharing provisions of the FRC Act is to remove potential barriers to the exchange of relevant information in order to effectively support the work of the FRC, while ensuring the confidentiality owed to individuals and prescribed entities is respected.

36. Statutory Obligations Written report to Family Responsibilities Board at the end of each quarter Quarterly Report 1 & 2 (combined), 3, 4, 5, 6, 7, 8 and 9 now published Quarterly Report 10 (yet to be tabled in the Queensland Parliament) Annual Report to the Minister for Local Government, Aboriginal and Torres Strait Islander Partnerships Social Development Parliamentary Committee Public Service office, therefore all obligations as for any state government department must be met

37. Amendments to Act - 2010 Elimination of compulsory Case Plans Reduction for Show Cause period from 28 days to 14 days Three Local Commissioners may now sit (with some restrictions)

38. Challenges Implementation and On-going: Office and staff accommodation in each community Information Sharing between FRC and relevant agencies Creation of an MoU with CSS to provide access Meeting Statutory obligations in such a small organisation Intensity of Sittings Schedule Community Support Services not functioning effectively (or not at all) at the time of our commencement Strengthening Community acceptance Consultation with community members Developing consultation between CSS and Commissioners, prior to the removal of children

39. Future Direction On-going internal review of administrative processes Possible extension of the life of the Commission Training of Local Commissioners – JP (Qualified and Magistrates Court), mediation, advocacy, assertiveness, computer literacy Breaking down barriers to sharing of information between FRC and agencies Outcomes focus on services delivered to FRC clients Focusing on utilizing our Local Commissioners as drivers within the community to increase individual and community responsibilities Ensuring the impetus of welfare reform continues at the end of the Commission’s term (1 January 2012)

40. Reference Material Family Responsibilities Commission: www.frcq.org.au Family Responsibilities Commission Act 2008: www.legislation.qld.gov.au Cape York Institute for Policy and Leadership: Cape York Partnerships: www.capeyorkpartnerships.com Queensland Government: Aboriginal and Torres Strait Islander Partnerships, Department of Communities: www.atsip.com.au Australian Government: Department of Families, Housing, Community Service and Indigenous Affairs (FaHCSIA) www.fahcsia.gov.au Australian Institute of Family Studies, National Child Protection Clearinghouse www.aifs.gov.au