Victoria’s Labor Opposition says an amendment by Victoria’s Coalition government to the The Children, Youth and Families Act, will reduce the government’s responsibility for child protection cases and remove the oversight role of the Department of Human Services.

Section 276 of the act states that the Children’s Court must not make a protection order unless “it is satisfied that all reasonable steps have been taken by the Secretary to provide the services necessary in the best interests of the child.”

A new clause proposed by the government to the bill removes this legal test and has substituted it with a weaker one, removing references to the Secretary providing “necessary” services.

This legal test was crucial in a recent case of two siblings in Victorian out of home care who were sexually abused while living in separate residential care units.
The magistrate involved in the case was highly critical of the Secretary of the Department of Human Services, who she said had fundamentally breached her duty of care to the two children.

Speaking to Neos Kosmos, Jenny Mikakos, Shadow Minister for Children and Community Services said: “The Napthine Government failed to protect children in out-of-home care, now they want to hide from the Court’s scrutiny.”

“In a recent case, the Children’s Court found that the Victorian Government department breached its duty of care. Under the new laws, the Court will have its hands tied in similar situations.

“Why is the government trying to dodge its responsibility for our most vulnerable kids?”

Labor tried to move amendments on Thursday to give back to the Children’s Court its ability to “properly” oversee the Department of Human Services.

The amendments were not supported and Labor has vowed to change the legislation if they win office in November.