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:
WIT.0290.0001.0001
Royal Commission into the Protection and Detention of Children in the Northern Territory
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.
2
WIT.0290.0001.0002
Royal Commission into the Protection and Detention of Children in the Northern Territory
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.
3
WIT.0290.0001.0003
Royal Commission into the Protection and Detention of Children in the Northern Territory
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
4
WIT.0290.0001.0004
Royal Commission into the Protection and Detention of Children in the Northern Territory
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,
5
WIT.0290.0001.0005
Royal Commission into the Protection and Detention of Children in the Northern Territory
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
6
WIT.0290.0001.0006
Royal Commission into the Protection and Detention of Children in the Northern Territory
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.
7
WIT.0290.0001.0007
Royal Commission into the Protection and Detention of Children in the Northern Territory
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
8
WIT.0290.0001.0008
Royal Commission into the Protection and Detention of Children in the Northern Territory
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
9
WIT.0290.0001.0009
Royal Commission into the Protection and Detention of Children in the Northern Territory
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;
10
WIT.0290.0001.0010
Royal Commission into the Protection and Detention of Children in the Northern Territory
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:
11
WIT.0290.0001.0011
Royal Commission into the Protection and Detention of Children in the Northern Territory
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
12
WIT.0290.0001.0012
Royal Commission into the Protection and Detention of Children in the Northern Territory
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.
13
WIT.0290.0001.0013
Royal Commission into the Protection and Detention of Children in the Northern Territory
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.
14
WIT.0290.0001.0014
Royal Commission into the Protection and Detention of Children in the Northern Territory
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:
15
WIT.0290.0001.0015
Top Related