More needs to be done

JENNIFER LEETE outlines further changes needed to fix the child protection legislation.

Since the time the current child protection legislation was being framed in State Parliament, Federation has lobbied members of parliament about the potential for unfair treatment of teachers.

The union has participated in numerous reviews and working parties in an effort to get some sense to the implementation and operation of the legislation. Federation has done this in conjunction with other unions, Labor Council and other groups. Also, Federation has been involved in numerous legal proceedings on behalf of individual members.

Since the release of the Department of Education and Training (DET) child protection procedures at the start of 2003, members have been actively involved in lobbying for changed legislation.

On July 2 both Premier Bob Carr and Education Minister Andrew Refshauge issued a press release to say they were going to make amendments to the child protection legislation.

Federation has had some significant achievements, particularly in relation to the Working with Children Check (Education, June 30). This means that ahead of any legislation going into the Parliament, Federation has a situation where a significant number of the less serious matters and a significant number of the matters that are not substantiated were to be returned from the database at the Commission for Children and Young People.

Education Minister Dr Andrew Refshauge introduced the Child Protection Legislation Amendment Bill into in the Lower House on September 3. The legislation is currently with Federation's legal advisers and the union's initial view of it is that it looks like a significant improvement. One area Federation will need to address is the question of penalties in relation to malicious and vexatious allegations. It does not include any changes in that respect.

There are also questions about the extent of retrospectivity that need to be clarified.

There will be some significant work that has to be done to change three sets of guidelines that impact on the work of Federation members. The NSW Ombudsman's Guidelines on Child Protection, the Working with Children Check Guidelines, which are the guidelines from the Commission for Children and Young People, and Department of Education and Training's (DET's) child protection procedures will need to be re-written in accordance with the new legislation.

As evidenced by comments from the Premier and the Minister, as quoted in the media on September 3, Federation's campaigning has achieved a significant shift in the Government's thinking and in the climate in which child protection matters have been debated. It is now vital that this shift be manifested in changed practices and procedures which flow from the legislation.

Jennifer Leete is the Deputy President.

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Last Modified: 15 Nov 2005