An independent body designed to protect and support children in New South Wales' child protection system is urgently needed, experts say, arguing current accountability mechanisms are failing.
On Thursday, First Nations, legal, child welfare and social service organisations formally launched a campaign calling for an independent Child Safety and Wellbeing Commission, which they say would offer a "trusted, independent avenue for complaints and concerns" for people interacting with the child protection system.
They argue the current complaints process through the Department of Communities and Justice (DCJ) leaves families reluctant to raise concerns.
While the NSW Government recently released a new Out-of-Home Care (OOHC) strategy — outlining a reformed approach to OOHC and promising to expand Aboriginal-delivered care — it does not include an independent oversight body. Instead, the government would take on a "system steward" role.
John Leha, chief executive of AbSec, the peak body advocating for Indigenous children and families in NSW, said the state continued to see declining rates of First Nations children being reunited with their families on Country, alongside disproportionate rates of child removals.
Latest data shows Indigenous children in NSW are placed in OOHC at almost 10 times the rate of non-Indigenous children, a gap that has widened since the Closing the Gap agreement was signed in 2020.
"A Commission can help keep First Nations children with their families and communities," Mr Leha said. "It can be a trusted place to raise concerns, independent of the government agencies that have the power to remove children."
The coalition is calling for consultation with the sector — including Aboriginal communities — on the commission's design and implementation.
The proposed independent body could also be complemented by an independent Commissioner for Aboriginal and Torres Strait Islander Children and Young People, a position already legislated in several states across the country. The role would provide accountability across government systems impacting Indigenous children and young people.
Aboriginal Legal Service (ALS) NSW/ACT chief executive, Sharif Deen, argued the independent commission was "urgently needed to provide independent oversight and promote the rights of children and families".
"This reform must be designed and delivered in partnership with Aboriginal communities, in keeping with the NSW Government's commitments under Closing the Gap," he said.
Justice and Equity Centre chief executive Jonathon Hunyor said government intervention in the lives of children and families could be "traumatic and deeply harmful".
"And when government holds both the power in the system and oversight of the system, child safety and family rights are at risk," he said. "That's why comprehensive, independent oversight is so crucial."
