royal commission into the protection and detention of children … · 2017-12-20 · royal...

Royal Commission into the Protection and Detention of Children in the Northern Territory

Statement

Name: Andrew Morgan Jackomos

Address: Known to the Commission

Occupation: Commissioner for Aboriginal Children and Young People (Victoria)

Date: 13 June 2017

1. This statement made by me accurately sets out the evidence that I am

prepared to give to the Royal Commission into the Protection and Detention

of Children in the Northern Territory.

2. This statement is true and correct to the best of my knowledge and belief.

3. I understand that it is an offence to provide false information to the Royal

Commission.

4. This statement has been prepared on the basis that the Commission will

issue a Notice to Produce under s 2(3A) of the Royal Commissions Act 1902

(Cth) for the production of a signed copy.

Professional History and Qualifications

5. I am a Yorta Yorta man from north central Victoria.

6. Previously I have worked in the following roles:

6.1. 1981 - 1986 Manager, Policy and Secretariat Unit, Central Office and

Regional Manager for North Queensland, Aboriginal Development

Commission;

6.2. 1986 - 1988 National Operations Manager, Aboriginal Hostels Limited;

6.3. 1988 - 1989 Office of the Minister for Aboriginal Affairs and Manager,

ABSTUDY, Department of Employment, Education and Training

(Executive Development Scheme, Australian Public Service);

6.4. 1989 - 1991 Manager, Aboriginal Unit, Department of Employment,

Signature of person givi

Signature of witness:

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6.5. 1991 - 1995 Victorian State Director, Aboriginal and Torres Strait

Islander Commission;

6.6. 1996 - 1999 Manager, Community Relations, Aboriginal Affairs

Victoria.

7. Between 1999 and 2013 I was an Executive Officer in the Victorian

Department of Justice. My title was "Director, Koori Justice Unit". In that role

I led development and coordinated the implementation of the Victorian

Aboriginal Justice Agreement over three phases and across change of

government. I oversaw the significant growth of the Koori workforce in the

Department of Justice and its portfolio agencies (Victoria Police, Corrections

and Courts), the establishment and growth of the Koori Court network within

the Magistrates', Children's and County Courts. I was also responsible for the

developing and nurturing the relationship between the Koori community and

the justice system as realised through the Aboriginal Justice Forum and the

network Regional Aboriginal Justice Advisory Committees.

8. I am a member of three Victorian government-community partnership groups:

the Aboriginal Justice Forum, Aboriginal Children's Forum and Indigenous

Family Violence Partnership Forum. I played a central role in both proposing

and the establishment of the Justice Forum and the Children's Forum.

9. In 2006, I was awarded the Public Service Medal and admitted as a Victorian

Fellow with the Institute of Public Administration Australia (IPAA). In 2013, I

was appointed as an IPAA National Fellow.

10. In July 2013 I was appointed for five years as the inaugural Commissioner for

Aboriginal Children and Young People (Victoria).

Role of the Commissioner for Aboriginal Children and Young People

{Victoria)

11. The Commission for Children and Young People (the Commission) began

operating as an independent statutory body on 1 March 2013. It replaced the

Office of the Child Safety Commissioner which was a business unit within the

Victorian Department of Human Services.

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12. The Commission was established under the Commission for Children and

Young People Act 2012 (Vic). The Commission's functions and powers are

set out in that Act and in the Child Wellbeing and Safety Act 2005 (Vic).

13. There are currently two Commissioners, namely the:

13.1. Principal Commissioner for Children and Young People (Liana

Buchanan has held that position since April 2016); and the

13.2. Commissioner for Aboriginal Children and Young People.

14. The Commission's objectives are to promote continuous improvement and

innovation in:

14.1. policies and practices relating to the safety and wellbeing of:

14.1.1. vulnerable children and young persons; and

14.1.2. children and young persons generally; and

14.2. the provision of out of home care and youth justice services for

children.

15. The Commission's functions include:

15.1. to advise Ministers and Government as to policies, practices and the

provision of services relating to the safety or wellbeing of vulnerable

children and young persons;

15.2. to promote the interests of vulnerable children and young persons in

the Victorian community; and

15.3. to monitor and report to Ministers on the implementation and

effectiveness of strategies relating to the safety or wellbeing of

vulnerable children and young persons; and

15.4. to provide advice and recommendations to the Minister about child

safety issues, at the request of the Minister; and

15.5. to promote child-friendly and child-safe practices in the Victorian

community; and

15.6. to undertake various functions relating to working with children, out of

home care and conducting inquiries.

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16. The Act requires the Commission to act independently and impartially in

performing its functions.

17. The Principal Commissioner for Children and Young People is a role

specifically named and established in section 11 of the Commission for

Children and Young People Act 2012 (Vic). The Act does not establish the

separate role of Commissioner for Aboriginal Children and Young People, but

rather grants the Governor in Council the power to appoint an "additional

Commissioner'' on the recommendation of the Minister. In my view, the Act

should be amended to establish the specific and separate role of

Commissioner for Aboriginal Children and Young People. Without this, the

role's existence and longevity remain uncertain.

18. As Commissioner for Aboriginal Children and Young People, the focus of my

responsibility is advocating for and overseeing the provision of state

government services to Aboriginal children, particularly the most vulnerable

in the areas of child protection and youth justice. As the inaugural

Commissioner for Aboriginal Children and Young People I have been able to

mould the role in particular areas, most importantly in relation to community

development and empowerment. My day-to-day activity ranges from

advocating for individual children to promoting better practice and programs

in the child protection and youth justice systems through to community

development and engagement. I estimate that over half of my time is spent

engaging in community development by working with community groups. I

am of the firm belief that Aboriginal children in out of home care should be in

the care of Aboriginal Community Controlled Organisations (ACCOs) who

can provided culturally safe care.

19. The role of Commissioner for Aboriginal Children and Young People is

unique in Australia. Whilst the Commonwealth, states and territories have

various Commissioners and Guardians of children and young people under

relevant legislation, Victoria is the only state that has a dedicated

Commissioner appointed with the specific focus on Aboriginal children.

20. Given the significant over representation of Aboriginal and Torres Strait

Islander children in the child protection and youth justice system, I believe

that the role of Commissioner for Aboriginal Children and Young People is

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critical should be mirrored in the Commonwealth, and in all states and

territories.

21. Important aspects of the role of Commission/er for Aboriginal Children and

Young People should include:

21.1. the Commission's independence from government protected by

legislation, reporting annually or more often as required to fulfil its

function;

21.2. the Commission's power to conduct an inquiries of its own motion in

relation to the provision of services if the Commission identifies a

persistent or recurring systemic issue in the provision of those services

and considers that a review of those services will assist in the

improvement of the provision of those services;

21.3. providing a safe environment and clear path of communication in

which Aboriginal people can communicate concerns regarding

vulnerable children and young people;

21.4. having an Aboriginal person in the role who is able to understand,

identify and relate to Aboriginal people who engage with the

Commission and child-protection services, who has the knowledge of

the Aboriginal community, community infrastructure, clans and family

trees is essential for credibility and acceptance by Aboriginal

communities across Victoria;

21.s. providing an Aboriginal-centric service which understands, hears and

promotes the particular needs of Aboriginal children;

21.6. the ability to engage directly with the Aboriginal community, so that

they understand their rights, know where to direct concerns and have

a person familiar to them to direct their concerns to.

22. have been fortunate to promote and assist in the establishment of the

Victorian Aboriginal Children and Young Persons Alliance, which represents

as the peak body 15 Victorian Aboriginal Community Controlled

Organisations that provide child protection related services to Koori children

across the state.

23. I have also been fortunate to be involved in driving the establishment,

development and ongoing operation of the Aboriginal Children's Forum,

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which is a forum (modelled on the Aboriginal Justice Forum) co-chaired by

the Minster for Families and Children and an alternating chief executive

officer of a local Aboriginal community controlled organisation. The Forum

brings together on a quarterly basis heads and senior executives from

government, Aboriginal and non-Aboriginal community services which deliver

services to Aboriginal children in out of home care. The purpose of the Forum

is to develop a joint partnership approach to improving outcomes for

vulnerable Aboriginal children particularly those involved in the child

protection system

24. The principles and focus of the Aboriginal Children's Forum are to:

24.1. Focus on factors and influences that impact Aboriginal children at risk of entering and leaving Out of Home Care;

24.2. Make decisions around policies, strategies and practices that reduce overrepresentation of Aboriginal children and young people in Out of Home Care on the basis of a partnership approach between the Community sector and Government;

24.3. Develop and monitor a set of agreed Aboriginal Children's Forum Out of Home Care targets, performance measures and outcomes;

24.4. Actively promote innovative, best practice and self-determining approaches to design, development, implementation and evaluation of policies, initiatives and related programs.

Report: "In the Child's Best Interests: Inquiry into compliance with the

intent of the Aboriginal Child Placement Principle in Victoria"

25. In October 2016, the Commission tabled two own motion inquiry reports in

the Victorian Parliament. The first "In the Child's Best Interests' was an

inquiry into compliance with the intent of the Aboriginal Child Placement

Principle as legislated fro in Victoria. 1

26. The Commission initiated the inquiry addressed in this Report because there

was reason to believe there are persistent and systemic issues in complying

with the intent of the Aboriginal Child Placement Principle (ACPP). Through

1 See https://ccyp.vic.qov.au/assets/Publications-inquiries/ln-the-childs-best-interests-inquiryreport.pdf

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the report, the Commission sought to identify strategies to improve future

levels of compliance with the Principle.

27. The inquiry had four key objectives, being to:

27.1. define the intent of the ACPP and what should constitute compliance

with this intent;

27.2. assess the level of compliance with the intent of the ACPP in Victoria

over the period 1 January 2013 to 31 December 2014;

27.3. identify systemic barriers to compliance with the intent of the ACPP;

and

27.4. recommend changes to improve compliance with the intent of the

ACPP.

28. Some of the key findings of the inquiry, as recorded in the report, were:

28.1 . Aboriginal children are over-represented in all areas of the child

protection system in every state and territory in Australia. In Victoria,

Aboriginal children are dramatically over-represented in out-of-home

care in comparison with both non-Aboriginal children and Aboriginal

children from other states and territories;

28.2. Aboriginal children in Victoria were nearly 12 times more likely than

non-Aboriginal children to have experienced an out-of-home care

placement in 2014;

28.3. The rate at which Victorian Aboriginal children experienced an out-of

home care placement in 2014 (79. 7 per 1,000 children) is among the

highest in Australia - exceeded only by ACT (80.9 per 1,000) and

NSW (80.3 per 1,000);

28.4. The number of Aboriginal children in out-of-home care in Victoria is

growing at an alarming rate - much more rapidly than the number of

non-Aboriginal children;

28.5. Between 30 June 2005 and 30 June 2014 the number of Aboriginal

children in out-of-home care rose from 526 to 1,308 - an increase of

149 per cent; The current number of Aboriginal children is now more

than 1800 and potentially closer to 2000 with unidentified children in

out of home care.

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28.6. There were 375 more Aboriginal children in out-of-home care on 30

June 2014 than there were on 30 June 2013 - an increase of over 40

per cent;

28.7. The significant over-representation and rapid growth of Aboriginal

children in Victoria's out-of-home care system amplifies the

importance of complying with the mandatory requirements of the

ACPP. As such a high proportion of Aboriginal children and families

are directly affected by child protection decisions, the impact will be

profound and widespread if ACPP requirements are not fulfilled.

29. Since the report was published in October 2016, in my view the situation in

Victoria has seen some significant progress in culturally appropriate reforms

to the Child Protection system and the impacts this system has on Aboriginal

children, families and communities. There has been:

29.1. substantial funding increases to the Aboriginal Child Specialist Advice and Support Service;

29.2. a focus on developing strategies to improve compliance with the Aboriginal Child Placement Principle;

29.3. a commitment to improving compliance with and quality of Aboriginal Cultural Care Plans for children and young people in care;

29.4. ongoing active work on developing the reforms that will facilitate the transfer of all Aboriginal children and young people in Out of Home Care in Victoria to Aboriginal Community Controlled Organisations;

29.5. the delegation of statutory authority for Aboriginal children and young people in care ( currently held by the secretary of Department of Health and Human Services) to the Aboriginal Chief Executive Officer of approved Aboriginal Community Controlled Organisations (ACCOs ).

30. There is every indication in a policy sense (other than the raw numbers) to

say that the situation in Victoria is improving and the commitment of

Government and Community Sector organisations for structural and cultural

change in how the system responds to and cares for Aboriginal children,

young people and families is genuine. However it is still too early to say if

there has been any real improvement yet for Aboriginal children and young

people in respect of placement decisions, cultural support, return to family

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and country or an adhered to overall framework that allows Aboriginal

children and young people in care to grow strong in culture.

Report: "Always was, always will be Koori children: Investigation into

the circumstances of Aboriginal children and young people in out-of

home care in Victoria"

31. The second own motion inquiry report tabled in state parliament in October

2016, was "Always was, always will be Koori children: Investigation into the

circumstances of Aboriginal children and young people in out-of-home care in

Victoria". 2

32. This report was informed by an extensive inquiry by Taskforce 1000 (Co

chaired by the Commissioner for Aboriginal Children and Young People and

the Secretary, Department of Health and Human Services) into the individual

circumstances and life stories of 980 Aboriginal children in the Victorian out

of home care system.

33. The key findings of Taskforce 1000 and this Report were:

33.1. of the 980 aboriginal children in out-of-home care considered:

33.1.1. 88% had experienced family violence;

33.1.2. 87% were exposed to parental alcohol I substance use;

33.1.3. 42% of children were placed away from their extended family;

33.1.4. 25% of the children on Guardianship orders had no cultural support plan;

33.1.5. 86% of children were case managed by a non-Aboriginal agency;

33.1.6. Over 40% of children with siblings were separated from their brothers and sisters;

33.1.7. Over 60% of children were placed with a non-Aboriginal carer. Information now at hand indicates that 91 % of Aboriginal children are placed in placements with a nonAboriginal carer.

2 See: https://ccyp.vic.qov.au/assets/Publications-inquiries/always-was-always-will-be-koori

children-inquiry-report-oct16.pdf

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33.2. There had been a 59 per cent increase in the number of Victorian

Aboriginal children in out-of-home care from 2013 to 2015, and the

numbers have grown since and continue to grow;

33.3. There are systemic failures and inadequacies that have contributed to

the vast overrepresentation of Aboriginal children in the child

protection and out-of-home care systems, and that there are practice

deficits that have led to the degradation of Aboriginal culture for

Aboriginal children who are placed in out-of-home care;

33.4. There was a need for reform and ongoing collaborative work to

mitigate the drivers for Aboriginal children's escalating entry to care,

improve the experience for Aboriginal children who require out-of

home care and prevent the cycle of abuse for future generations by

ensuring that cultural safety and enrichment are the foundation for

service provision;

33.5. High numbers of Aboriginal children experiencing family violence in

combination with parental alcohol and/or substance abuse are coming

to the attention of child protection, leading to their removal from family

and placement in out-of-home care;

33.6. The present service system, particularly the Aboriginal community

controlled sector, lacks sufficient resources for, and emphasis on,

early _interventions to support families and reduce the growing number

of Aboriginal children entering the child protection and out-of-home

care systems. Furthermore, there is concern that many mainstream

services within the child protection system do not provide culturally

safe responses to Aboriginal children;

33.7. There are at times, ineffective aftercare, monitoring and evaluation by

the Department of Health and Human Services (DHHS) of services

and programs delivered internally and by funded agencies for

Aboriginal children in out-of-home care;

33.8. Aboriginal children in out-of-home care are provided with greater

opportunity for meaningful engagement with culture when their

placement, case management and guardianship are provided by an

ACCO;

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33.9. DHHS and Community Sector Organisations (CSOs) need to improve

their understanding of and active support for the cultural care and

connection of Aboriginal children in the out-of-home care system.

Their non-compliance, at times, with current policy and legislation

regarding placement and cultural care planning for Aboriginal children

is in direct contravention to the rights guaranteed under the Charter of

Human Rights and Responsibilities Act 2006. There is evidence of

practice deficits in respecting and establishing children's Aboriginal

identity and a lack of compliance with legislative and policy obligations;

33.1 o. Forty percent of Aboriginal children in out-of-home care are separated

from their siblings and are not provided with adequate opportunity to

have contact with them;

33.11. Aboriginal kinship carers require greater advocacy, responsiveness,

support, assistance and training to provide culturally safe and trauma

informed care to Aboriginal children requiring out-of-home care (the

Victorian Ombudsman is currently undertaking an inquiry into support

provided to Aboriginal kinship carers);

33.12. There is inadequate coordinated attention to the health and wellbeing

of many Aboriginal children in out-of-home care, particularly when

these children are not placed with an ACCO that provides in house

health and medical services. There are service system gaps in the

delivery of holistic and culturally appropriate health and wellbeing

services;

33.13. Many non-Aboriginal service systems that interact with and/or case

manage Aboriginal children in out-of-home care lack high-level cultural

proficiency.

33.14. The child protection system lacks Abor.iginal input at the executive

level and there needs to be a focus on developing an Aboriginal

workforce across all levels and all pockets of the Child Protection

system.

34. The report made 77 recommendations in relation to the following broad aims

and outcomes:

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34.1. That the Victorian Government accepted the recommendations of the

Inquiry report and, in the spirit of self-determination, the Minister for

Families and Children authorised the Aboriginal Children's Forum to

monitor and provide oversight for their implementation and continuous

development;

34.2. Keep Aboriginal children safe within their family;

34.3. Strengthen healing-informed interventions to address family violence

and intergenerational trauma;

34.4. Ensure Aboriginal children in out-of-home care have real and

meaningful access to their culture;

34.5. Build the cultural competency and safety of organisations providing

services to Aboriginal children in out-of-home care;

34.6. Improve child protection responses and service provision for

Aboriginal children in out-of-home care;

34.7. Aboriginal children in out-of-home care need resilient, supported and

capable carers;

34.8. Aboriginal children in out-of-home care deserve optimal health,

education and wellbeing outcomes;

34.9. A stronger, more collaborative service system will benefit Aboriginal

children in out-of-home care.

35. In my view the report has been well received by the community, ACCOs,

CSOs, peak bodies and Government. Of the recommendations contained in

both reports, the Minister for Children and Families the Hon Ms Jenny

Mikakos, has on behalf of the Victorian Government, accepted all

recommendations in either full, part or principle. Ms Mikakos' department

(DHHS) has provided its formal response outlining which recommendations it

accepts in full, which in part and which in principle and its reasoning for either

part or principled support. From this, a sub-group of the Aboriginal Children's

Forum has been established, co-chaired by myself and a senior executive of

the Department of Health and Human Services, with the responsibility of

monitoring and evaluating the implementation of the recommendations into

policy and practice across the sector. The membership of the sub group

includes DHHS, peak bodies, ACCOs, CSO. We are observing a

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commitment at the executive level of the department to implement change.

The task and outcomes will only be successful when we see change in

practice that is sustainable and fully funded, inclusive, accountable and flows

down to service delivery at all levels is the mutual challenge moving forward.

General observations

36. It is my view that ACCOs which provide child and family services are not

funded as well as non-Aboriginal agencies which provide those services. In

my view, this is a result of inherent racism and institutional bias in

governance and funding models over past governments. This needs to be

recognised, confronted and addressed.

37. As it currently stands, the child protection systems across Australia need to

ensure they build capacity to deal with the rising numbers of Aboriginal and

Torres Strait Islander children in protection in a culturally safe manner. This

creates a serious and urgent problem - children in need of protection often

do not receive protection and the results can be catastrophic.

38. Child Protection staff need to be better supported,· mentored and trained to

develop the high level of cultural competence required in their practice and a

working knowledge of the Aboriginal communities in which they work. The

lack of this skill or learning development in Child Protection staff, combined

with a lack of staff numbers, high staff turnover (particularly in rural and

remote communities), high caseloads, limited placement options and a lack

of cultural supervision and review as a component of practice, combine to

increase the likelihood of poor outcomes.

39. This is often compounded by the lack of appropriate and timely consultation

with Aboriginal staff (and often the lack of Aboriginal staff within Child

protection offices) or appropriate community members at time of assessment

and removal.

40. It is positive that the Victorian Government has promised that significant new

child protection resources will be provided. The recent budget promises 450

new child protection workers in Victoria.

41. Whilst an increase in numbers of child protection workers is certainly

welcome, positive outcomes will only happen if there is a proper selection

process and proper training is provided.

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42. Child Protection jurisdictions must develop workforce recruitment and

retention strategies that demonstrate selection processes that are reflective

of their clientele. Twenty per cent of children in the Victorian child protection

system are Aboriginal, however there are relatively few Aboriginal or Koori

child protection workers let alone any managers or executive in Child

Protection. This is a feature of child protection workforces that appears to be

reflected across the nation.

43. In my view Aboriginal people should appear in similar percentages across all

levels of child protection - including in policy development, management and

on the ground . There should be Aboriginal involvement in the selection of

those who work in child protection (whether Aboriginal or not).

44. The importance of detailed and meaningful initial and ongoing training of

child protection workers cannot be understated. There must be core training

provided which teaches a deep understanding of Koori culture (including the

significant similarities and differences between various Aboriginal cultures).

45. Initial and ongoing training for the understanding, development and

application of genograms is fundamental. This assists child protection

workers to work with the extended family of clan, rather than restricting their

interaction to the child or his or her direct family.

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46. The Victorian Government has recently committed to transferring all

Aboriginal children in out of home care back to the care of ACCOs. This is a

self-determination policy that the Victorian Government should be

congratulated for and must be supported in . It is fundamental that this move

is accompanied by resources to support those Aboriginal organisations in

caring for those children and that these resources are committed for the long

term.

Signed: ~~ b\A._ '-1 ~~-- ~ ~

Date: f 4 ~I\JE clO It ·

Witness:

Date:

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