South Australia's new child protection laws are a "good step forward," according to advocates — but deeper reform is needed to address the systemic issues harming Aboriginal children and families.

The Children and Young People (Safety and Support) Bill passed the state's upper house on Tuesday night, following crossbench amendments. The bill cleared the lower house in November.

The government says the legislation "empowers" First Nations families to lead decisions about their children. It also claims the bill enshrines the full Aboriginal Child Placement Principle, prioritises a "safety-first approach for the key workers who must decide whether or not to remove a child," and amplifies the voices of children and young people in decision-making.

"We know Aboriginal children are better off when decisions about their lives are led by Aboriginal people, and the bill provides a pathway for this," Child Protection Minister Katrine Hildyard said.

"We also know children and young people need to be listened to about decisions impacting their lives and this legislation helps ensure they are."

SNAICC – National Voice for Our Children chief executive Catherine Liddle said the bill is a positive step, but argued that the child protection system in South Australia still needs a complete overhaul to support genuine self-determination.

The Arrernte/Luritja woman from Central Australia said if the SA government was serious about improving safety for Aboriginal children and families, it would act on the recommendations from former Commissioner for Aboriginal Children and Young People April Lawrie's Holding on to Our Future report.

"Regardless of whose interests these systems claim to serve, they are separating children from their families while failing at their core responsibility — to support and keep families together and children safe, as they should be," Ms Liddle said.

Ms Lawrie, whose report was tabled in parliament in June 2024, told the ABC that the legislation does not go far enough. The Mirning and Kokatha woman argued that power still lies with the state — even though a majority Aboriginal panel will now conduct contact arrangements reviews.

"That is not how you actually support self-determination for Aboriginal people," she said.

Ms Lawrie also expressed concern that the legislation continues to place the burden on parents to object to the transfer of guardianship of their child to another person. She said families had told her they don't have the legal support and resources to fight the state.

"It is a pseudo-adoption to non-Aboriginal people, which this state should have learnt the lessons of the past," she told the ABC.

SNAICC did welcome the bill's strengthening of the Principle. Ms Liddle said that in states like Victoria — which has the highest number of children removed, but also the highest number placed in kinship care — the benefits of that approach are clear.

"We see children placed with their Aboriginal and Torres Strait Islander family more often and they are more likely to be reunified with their birth parents," she said.

Nonetheless, she pointed to recent data showing serious ongoing harm in the current system. Between 2019 and 2023, a SNAICC report found that South Australia had the highest increase in the number of children in out-of-home care (OOHC) nationwide — a 33.5 per cent rise.

"There is still much more to be done. We urgently need a stronger focus on transitioning OOHC services for Aboriginal children to community-controlled organisations (ACCOs)," she said.

"Greater investment in early intervention and family-strengthening programs is critical to preventing children from entering care in the first place."

South Australia's current Commissioner for Aboriginal Children and Young People, Dale Agius, said he will be "watching closely to see whether this legislation brings with it unintended consequences, including further over-representation of Aboriginal children and young people entering the system".

"The current trend simply cannot continue," Mr Agius, a Kaurna, Narungga, Ngadjuri and Ngarrindjeri man, said.

He added that genuine reform will require more than legislation.

"Action that supports Aboriginal families earlier, meaningful partnerships with Aboriginal communities at all stages of decision-making to achieve self-determination and ensuring that Aboriginal families are supported more fairly, and with culturally safe care pathways," he said.