Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 7A

    (1)     The Parliament formally recognises that Aboriginal people are the First Nations people of Australia.

    (2)     The Parliament acknowledges that—

        (a)     the child protection system played a key role in the enactment of policies leading to the dispossession, colonisation and assimilation of Aboriginal people; and

        (b)     the laws, practices and policies of former child protection systems resulted in the removal of Aboriginal children from their families, culture and Country, by compulsion, in an effort to assimilate and extinguish their culture and identity.

    (3)     The Parliament recognises the systematic forcible removal of Aboriginal children through the laws, practices and policies of the child protection system has substantially contributed to—

        (a)     a legacy of disconnection; and

        (b)     intergenerational trauma; and

        (c)     entrenched social disadvantage and dysfunction; and

        (d)     marginalisation; and

        (e)     a distrust of the child protection system.

    (4)     The Parliament recognises that ongoing structural inequality and systemic racism impact Aboriginal people and culture in relation to—

        (a)     decision-making in the child protection system; and

        (b)     over-representation of Aboriginal children in the child protection system.

    (5)     The Parliament further recognises the survival, resilience and success of Aboriginal families and communities in the face of the devastating impacts of these colonisation, dispossession and assimilation policies.

    (6)     The Parliament supports rights and initiatives that—

        (a)     address the factors that drive the over‑representation of Aboriginal children in the child protection system; and

        (b)     will require Aboriginal children, families and communities to be treated fairly and equally.

    (7)     It is the intention of Parliament that the child protection system must recognise, respect and support the distinct cultural rights of Aboriginal people and their right to self‑determination.

S. 7B inserted by No. 17/2023 s. 4.

        7B         Acknowledgement of treaty process

    (1)     The Parliament acknowledges Victoria's treaty process and the aspiration of Aboriginal people to achieve increased autonomy, Aboriginal decision-making and control of planning, funding and administration of services for Aboriginal children and families, including through self‑determined Aboriginal representative bodies established through treaty.

    (2)     The Parliament does not intend by this section to affect in any way the interpretation of this Act or of any other law in force in Victoria.

S. 7C inserted by No. 17/2023 s. 4.

        7C         Effect of this Part

The Parliament does not intend by this Part to create in any person any legal right or give rise to any civil cause of action.

S. 7D inserted by No. 17/2023 s. 4.