The following Terms of Reference was created to define the scope, roles, and responsibilities of the independent review.
The former NSW Minister for Family and Community Services appointed Professor Megan Davis, Faculty of Law, University of New South Wales, to chair an independent review into Aboriginal and Torres Strait Islander children and young people in out-of-home care (OOHC) in NSW. The Chairperson‘s role was to:
1. Oversee an independent review
The review aimed at improved implementation of the Aboriginal and Torres Strait Islander Child and Young People Placement Principle, see, Part 2, Children and Young Persons (Care and Protection) Act 1998 NSW (the Act) and especially s 13 of the Act, with respect to the following matters:
- Identify the reasons for the high and increasing rates of Aboriginal and Torres Strait Islander children and young people in OOHC in NSW.
- Develop strategies designed to reduce the number of Aboriginal and Torres Strait Islander children and young people currently in OOHC and entering care including improving pathways to family reunification.
- Ensure relevant steps were taken during the review period.
The independent review included, but was not limited to the following:
- A contemporaneous review of case files for all Aboriginal and Torres Strait Islander children and young people entering OOHC for the period 2015-2016, that would identify specific action for improved outcomes for the individual child or young person
- A consultation process including, but not limited to, Aboriginal and Torres Strait Islander children and young people in OOHC, their families and communities, Aboriginal and Torres Strait Islander sector stakeholders, child protection sector workforce and a public submissions process
- A reference group of relevant Aboriginal and Torres Strait Islander stakeholders and experts who would meet no more than four times during the review period. The reference group would provide information and advice to the Chairperson on matters within the Terms of Reference.
2. Draft a report
The Chairperson provided a draft report to the Minister on 30 June 2018, and the Final Report on 31 July 2018.
- The report included any recommendations about the matters within the Terms of Reference.
- In making any recommendations, the following matters were considered:
- The causes of the high and increasing rates of Aboriginal and Torres Strait Islander children and young people in OOHC in NSW
- An assessment of the effectiveness and application of the statutory Aboriginal and Torres Strait Islander Child and Young People Placement Principles in NSW including a comparative assessment of current policies, practices and learnings relating to the Aboriginal Child Placement Principles in NSW, other Australian jurisdictions and international examples, where relevant
- Recommendations for reform, including practice, based on learnings drawn from the case file review and a plan for implementation within DCJ and across government and non-government agencies.
