Position Statement

25 September 2024

The thriving futures of Aboriginal and Torres Strait Islander children can be realised when they grow in community, in culture and with kin.

Aboriginal and Torres Strait Islander children have inherent rights to experience their childhood and youth connected to their culture, community and kin. We believe Aboriginal and Torres Strait Islander children and young people need the support of their families and communities in order to grow and thrive. For this reason, when placed into care, Aboriginal and Torres Strait Islander children are best supported by Community Controlled Organisations (ACCOs). Allies for Children commit our energy and resources towards reducing the over-representation of Aboriginal and Torres Strait Islander children in care and supporting community controlled organisations to support them when they are.

Allies for Children founding organisations have openly committed to the effective transition and reunification of Aboriginal and Torres Strait Islander children in their care to community control.  We will continue to share our experiences and learnings of transition with colleagues in the child, youth, and family sector, encouraging them to journey with us. Our pace and engagement is informed and led by community controlled organisations and peaks.

We are committed to addressing referrals of Aboriginal and Torres Strait Islander children to non-Indigenous organisations and supporting ACCOS with resources they need. Today, the majority of Aboriginal and Torres Strait children in care are placed with non-Indigenous organisations. To address this cycle, we recognise the issue of ongoing referrals of children to non-Indigenous organisations and competitive tenders that fund these services. We cannot continue accepting Aboriginal and Torres Strait Islander children into our care because evidence shows these children are not better off with us, they need to be supported by community. Engaging in competitive tendering processes for Aboriginal and Torres Strait Islander services for children undermines our role as an ally and our commitment to this goal. Better outcomes for their futures and their communities will happen when we model this change ourselves and support the broader non-Indigenous sector to do the same.

We are dedicated to the principle that all Aboriginal and Torres Strait Islander children should be cared for in a way directed and managed by ACCOs. This means active efforts to ensure care for children solely by ACCOs and where they need support from non-Indigenous organisations, ACCOs specify the mode, approach and timeframe of that support. We understand the way forward will look different across the country, with ACCOs leading the way and state peaks providing support. To contribute, we are adjusting our processes and practices to implement the Aboriginal and Torres Strait Islander Child Placement Principle and ensure our practice aligns with other evidence and reports.

In regions with established ACCOs, we will develop cultural protocols for intake and new tenders. In areas with emerging ACCOs, we will collaborate to support care and ensure culturally appropriate and timely transfers. Where ACCOs are not present, we will partner with peaks and government to build community capacity, pushing for progress while respecting regional differences.

Underpinning this is our advocacy in partnership with SNAICC, Aboriginal and Torres Strait Islander Community Controlled Organisations and Peaks, for the redesign of the child protection system across all states. Our aim is not simply to transfer the existing system to ACCOs but to fundamentally enable the self-determination of Aboriginal and Torres Strait Islander people for their children in accordance with the principles of Closing the Gap.

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Submission on draft general comment No. 27 on children’s rights to access justice and effective remedies