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Report Details


Committee Name:

Legislation Committee

House:

Legislative Council
Report Type:Report

Title:

Parental Support and Responsibility Bill 2005
Report No:5
No of Pages:96
Physical Location:Legislative Council Committee Office

Presentation Date:

11/02/2006
Inquiry Name(s):Parental Support and Responsibility Bill 2005


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Hide details for Executive SummaryExecutive Summary

1. The Legislative Council instructed the Standing Committee on Legislation (Committee) to consider the policy behind the Parental Support and Responsibility Bill 2005 (Bill) in addition to its normal practice of scrutinising the Bill’s legislative provisions.

2. The Committee found broad community support for the concept of responsible parenting agreements in response to both the Office of Crime Prevention’s Discussion Paper and during hearings into the Bill. However, in the majority of cases this support did not extend to responsible parenting orders. Many stakeholders preferred non-legislative means of responding to irresponsible parenting.

3. The Committee explored the effect of the Bill on Aboriginal families and noted that concerns have been raised about the cultural appropriateness and acceptability of responsible parenting agreements and responsible parenting orders for some Aboriginal families. The Committee acknowledges that the Bill, in its current form, is likely to impact disproportionately on Aboriginal families. However, the Committee is encouraged by the evidence of Dr Tracy Westerman, Managing Director, Indigenous Psychological Services, that “getting the process of engagement and implementation correct with Aboriginal families has the potential to make the Government’s Responsible Parenting Initiative effective.

4. Based on the United Kingdom’s experience, the support and assistance given to parents as well as the process by which parenting services are delivered will be crucial in ensuring the successful implementation of the Bill.

5. The Committee supports responsible parenting agreements in Part 3 of the Bill but is divided on the inclusion of responsible parenting orders in Part 5. A majority of the Committee (Hons Giz Watson, Peter Collier and Ken Baston MLCs) recommend that Part 5 of the Bill be opposed. In the event this recommendation is not agreed to, the Committee has made further comment on specific clauses in Part 5 to assist debate.

6. A minority of the Committee (Hons Graham Giffard and Sally Talbot MLCs) recommend that Part 5 of the Bill be passed.

7. During the inquiry a number of issues were raised with the Office of Crime Prevention resulting in proposed amendments which the Committee understands the Government will move in the name of the Parliamentary Secretary representing the Minister for Community Development.

Recommendations

8. Recommendations are grouped as they appear in the text at the page number indicated below. The recommendations are presented in statutory form in Appendix 1.

Page 34

Recommendation 1: The Committee recommends that clause 5 of the Parental Support and Responsibility Bill 2005 include the following definition.

Clause 5

Page 5, after line 9 - To insert -



For the purposes of this section, “responsibility” includes but is not limited to all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.
”.


Page 44

Recommendation 2: The Committee recommends that clause 9 of the Parental Support and Responsibility Bill 2005 be amended in the following manner:

Clause 9

Page 6, after line 26 - To insert -



(6) The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to the guidelines as if the guidelines were regulations.
”.


Page 64

Recommendation 3: The Committee recommends that Part 5 of the Parental Support and Responsibility Bill 2005 be opposed in the following manner:

Clause 3

Page 3, lines 26 and 27 - To delete the lines.

Page 4, lines 11 and 12 - To delete the lines.

Clause 4

Page 4, line 18 - To delete “, government agency or court” and insert instead -
“or government agency”.

Clause 6

Page 5, line 12 - To delete “or a court”.

Clause 7

Page 5, lines 24 and 25 - To delete “or any responsible parenting order directed towards them”.

Clause 8

Page 5, line 28 - To delete “or a court”.

Clause 9

Page 7, line 5 - To delete “or responsible parenting order”.

Clause 12

Page 10, lines 3 to 16 - To oppose the clause.

Clause 13

Page 10, line 17 to page 11, line 12 - To oppose the clause.

Clause 14

Page 11, line 13 to page 12, line 13 - To oppose the clause.

Clause 15

Page 12, lines 14 to 18 - To oppose the clause.

Clause 16

Page 12, line 19 to page 13, line 2 - To oppose the clause.

Clause 17

Page 13, lines 3 to 27 - To oppose the clause.

Clause 18

Page 13, line 28 to page 15, line 22 - To oppose the clause.

Clause 19

Page 15, line 23 to page 16, line 3 - To oppose the clause.

Clause 20

Page 16, lines 4 to 28 - To oppose the clause.

Clause 21

Page 17, lines 2 to 13 - To oppose the clause.

Clause 22

Page 17, lines 14 to 28 - To oppose the clause.

Clause 23

Page 18, lines 1 to 11 - To oppose the clause.

Clause 24

Page 18, lines 12 to 30 - To oppose the clause.

Clause 25

Page 19, lines 2 to 8 - To oppose the clause.

Clause 26

Page 19, lines 9 to 12 - To oppose the clause.

Clause 27

Page 19, lines 13 to 22 - To oppose the clause.

Clause 28

Page 19, line 23 to page 20, line 3 - To oppose the clause.

Clause 29

Page 20, lines 4 to 21 - To oppose the clause.

Clause 30

Page 20, line 22 to page 21, line 7 - To oppose the clause.

Clause 31

Page 21, lines 8 to 20 - To oppose the clause.

Clause 32

Page 21, line 21 to page 22, line 4 - To oppose the clause.

Clause 33

Page 22, lines 5 to 7 - To oppose the clause.

Clause 35

Page 23, line 9 to page 24, line 3 - To oppose the clause.

Clause 36

Page 24, lines 11 to 15 - To delete the lines.

Clause 41

Page 28, line 4 to page 29, line 26 - To oppose the clause.

Clause 42

Page 30, line 2 to page 31, line 6 - To oppose the clause.

Clause 43

Page 31, lines 20 to 26 - To delete the lines.

Page 32, lines 1 to 17 - To delete the lines.

Long Title

Page 1, lines 6 to 8 - To delete - “responsible parenting orders, to make consequential amendments to the Children’s Court of Western Australia Act 1988 and the Young Offenders Act 1994, and”