Response to Issues Paper 4 – Preventing Sexual Abuse in Out-of-Home Care

2012 Submission

Overview

This joint submission, made by SNAICC alongside Aboriginal and Torres Strait Islander child and family organisations NATSILS, AbSec, AFSS, QATSICPP and VACCA, addresses the prevention of sexual abuse of children in out-of-home care. It draws on the knowledge, experience, and cultural authority of Aboriginal and Torres Strait Islander communities, highlighting the urgent need for child protection systems to centre culture, kinship, and community connections in all aspects of care. Aboriginal and Torres Strait Islander children continue to be over-represented in out-of-home care, making culturally strong and connected placements critical to their safety, wellbeing, and identity.

Culture is recognised as a central protective factor. Aboriginal and Torres Strait Islander children who remain connected to family, community, and culture are more resilient, better able to maintain a positive sense of self, and safer from abuse. Evidence from Australian and international studies, including the Longitudinal Study of Indigenous Children, underscores that cultural continuity, strong identity, and supportive social networks significantly reduce risk. The submission emphasises that neglect, not sexual abuse, is the primary cause of substantiated harm, highlighting the links between disadvantage, intergenerational trauma, and systemic inequities.

Kinship care is a cornerstone of culturally strong out-of-home care, yet kinship carers are under-resourced and often receive minimal support. The submission identifies gaps in recruitment, assessment, training, and ongoing support for kinship carers, which can increase risk for children. Aboriginal and Torres Strait Islander families carry a disproportionate burden of care, yet culturally appropriate community-based approaches have been shown to be most effective in sustaining placements and promoting child wellbeing. Strengthening kinship care through resourcing, culturally informed assessment, and community engagement is vital to safer outcomes.

High-quality decision-making in child protection requires the participation of Aboriginal and Torres Strait Islander communities. Independent, representative involvement ensures care decisions respect cultural identity, rights, and community knowledge. The submission highlights the limited implementation of recommendations from the Bringing Them Home report and ongoing deficiencies in consultation, statutory decision-making, and placement oversight. International evidence demonstrates that transferring authority and supporting Indigenous-led decision-making improves outcomes for children, families, and communities.

Aboriginal and Torres Strait Islander community-controlled organisations are essential to delivering culturally safe and connected care. Yet their capacity is chronically under-resourced, limiting their ability to support placements and prevent abuse. The submission calls for significant investment in Aboriginal and Torres Strait Islander agencies, preventative, community-led services, and integrated early years supports to strengthen family and community capacity. By building capacity, supporting kinship care, and prioritising prevention, child protection systems can ensure Aboriginal and Torres Strait Islander children grow up safe, culturally connected, and supported to reach their full potential.