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The Department for Child Protection has released the response to the Child Protection Systems Royal Commission.
The Department for Child Protection (DCP) was formed in November 2016 in response to recommendations from the Child Protection Systems Royal Commission, led by the Honourable Margaret Nyland AM. We work in partnership with families, government and non-government organisations, carers and the community to care for and protect vulnerable children and young people by addressing harm and keeping them safe. Where children and young people cannot stay safely in the family home we will find a place for them to live, preferably with members of their family and kinship networks, or with foster carers. We aim to give young South Australians in our care every opportunity to reach their full potential. We value children and young people's voices and consider their views.
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FAQs
What is a Statement of Wishes?
A person whose veto expires after the 5-year transition period may make a Statement of Wishes about contact with the other party. This statement will be held into the future by Families SA and by the Registrar of Births, Deaths and Marriages.
Will my current veto immediately expire? If not, when will it expire?
All vetoes currently in place will expire at the end of the 5-year transition period. Vetoes that are due to expire before the end of the 5-year transition period will be extended until the end of that 5-year period unless they are revoked earlier by the person who has placed the veto.
How can I stop someone from contacting me?
If someone contacts you and you do not want this, you can make your wishes clear to them about that. If you feel you are being harassed, you have the right to report the harassment to the Police.
Will there be a contact veto system?
No. There will be no adoption veto system of any kind in South Australia after the 5-year transition period ends.
Do I have to have contact with the other party if I don’t want to?
No. You will be under no obligation to have contact with anyone with whom you don’t want to have contact. You will be able to lodge with Families SA a statement of your wishes in respect to contact with other parties to the adoption. This statement will be provided with any adoption information disclosed to the other party.
When will the changes to the adoption veto law take effect?
The Bill has not yet been passed in the South Australian Parliament. If this law is passed, then the Governor will set a date for when the law comes into effect. The 5-year transition period will start on that date. Before the Bill becomes law, new Adoption Regulations need to be written and passed by the Parliament to enable the new laws to operate effectively.
What does the Bill say about changing the veto system currently in place?
The Bill provides for adoption information vetoes to be removed 5 years after the date the Bill comes into law. Vetoes prevent the release of identifying information about one party to the other parties to an adoption.
What identifying information about me will the other parties be able to get?
The other parties will be able to get identifying information about you that was collected by Families SA at the time of the adoption. They will also be able to get some marriage/change of name details from the Births, Deaths and Marriages Registry, which may allow them to do some further searching through electoral rolls and other publicly available sources of information.
I have a veto in place. How can I stop someone getting identifying information about me from the adoption file?
While your veto is in place, your identifying information cannot be released. After the end of the 5-year transition period, if the other parties apply for it, identifying information about you that is currently held in the adoption file can be made available to them.