Reviewing Implementation of the Aboriginal and Torres Strait Islander Child Placement Principle South Australia 2025

Executive Summary

Reviewing Implementation of the Aboriginal and Torres Strait Islander Child Placement Principle South Australia 2025 reviews the progress of the South Australian Government, primarily through the Department for Child Protection (DCP) and the Department of Human Services (DHS), towards implementing the full intent of the Aboriginal and Torres Strait Islander Child Placement Principle (the Child Placement Principle).

Continued over-representation rates demonstrate unsuccessful implementation of the Prevention element in SA. Despite constituting only 5.5% of 0-17-year-olds, Aboriginal and Torres Strait Islander children in SA were significantly over-represented in all interactions with DCP during 2023-24, including placement into out-of-home care (OOHC). As of June 2024, 37.1% of children in OOHC and other supported placements in SA were Aboriginal and Torres Strait Islander. This means Aboriginal and Torres Strait Islander children were 10.1 times more likely than their non-Indigenous peers to be in OOHC in SA.

SA has seen significant progress towards implementing the Child Placement Principle in the last year. 

Four major developments stand out:  

• the establishment of Wakwakurna Kanyini as the peak body for Aboriginal children and families in SA, 
• strengthening Aboriginal and Torres Strait Islander community involvement in decisions affecting their children and families, 
• the ongoing development of the Children and Young People (Safety and Support) Bill (2024f), which aims to embed the Child Placement Principle in legislation, and 
• the release of Holding on to Our Future by the Commissioner for Aboriginal Children and Young People (CACYP). 

The CACYP report, resulting from the Commission’s recent Inquiry into the Application of the Child Placement Principle in the Removal and Placement of Aboriginal Children, represents a monumental opportunity for SA to transform its child welfare system by prioritising the Child Placement Principle and embracing practices that uphold the rights and wellbeing of Aboriginal and Torres Strait Islander children. 

Additional significant advances towards the full implementation of the Child Placement Principle include: 

• the gazetting of Kornar Winmil Yunti (KWY) as the second Recognised Aboriginal and Torres Strait Islander Organisation (RATSIO), in the Children and Young People (Safety) Act 2017 (SA), alongside Aboriginal Family Support Services (AFSS), 
• the creation of the Carers Council to provide the Minister for Child Protection with independent advice on matters related to foster and kinship care in South Australia, and 
• the launch of the Finding Families pilot program, dedicated to transitioning children and young people from residential care into family-based placements.  

These milestones demonstrate progress towards greater recognition of Aboriginal and Torres Strait Islander self-determination and community leadership in addressing current challenges with DCP systems. 

The SA Government’s commitment to the National Agreement on Closing the Gap (the National Agreement), which aims to reduce the over-representation of Aboriginal and Torres Strait Islander children in OOHC by 45% by 2031, is informed by the Child Placement Principle, as it aims to ensure that Aboriginal and Torres Strait Islander children in OOHC maintain connections to their family, community, culture and country, promoting their wellbeing and resilience. Further, the government’s partnership with Aboriginal and Torres Strait Islander leaders under Safe and Supported: the National Framework For Protecting Australia’s Children (Safe and Supported) embodies a commitment to implementing the Child Placement Principle to the standard of active efforts.  

The SA Government has demonstrated commitment to the Partnership element of the Child Placement Principle through supporting the establishment of Wakwakurna Kanyini as the SA Peak Body for Aboriginal children and families. Likewise, the gazetting of KWY as the second RATSIO in SA shows commitment to expanding Aboriginal and Torres Strait Islander community-controlled organisation (ACCO) involvement in decision-making, further supporting implementation of the Partnership element. These changes will further enable Aboriginal-led decision-making in certain child placement matters and, in turn, may improve implementation of the Placement, Participation and Connection elements. 

However, the SA Government’s commitment to partnership has been limited in its development of the Child and Young Person (Safety and Support) Bill 2024 (SA). This legislation represents a generational opportunity to support the system-wide implementation of the Child Placement Principle, but this opportunity has been undermined by failures to fully incorporate critical recommendations of the Aboriginal community and the Commissioner for Aboriginal Children and Young People (CACYP), including strengthening Aboriginal-Led Decision Making through Family Group Conferencing programs (CACYP 2024).  

Further, the SA Government’s response to the transformative recommendations of the CACYP’s Holding on to Our Future Report has resulted in delays to the implementation of much-needed reforms necessary to implement the Child Placement Principle across SA child and family safety systems. The SA Government’s response to Holding on to Our Future undermines the broader goals of the Child Placement Principle, sending a troubling message about the SA Government’s commitment to Aboriginal self-determination and the empowerment of Aboriginal communities.  

Please note: We have updated the way our reviews are structured. Previously, reviews were categorised by specific review periods. They are now titled by year and include all relevant developments up to that point in time. This change provides a clearer, more comprehensive snapshot of progress and updates within each release year.