Overview
Measures under Goal 2 have varied in performance
Aboriginal children continue to be removed from their families and placed in the out-of-home care system at a historically high rate. In 2023-24, Aboriginal children were placed in out-of-home care at a rate 20.6 times that of non-Aboriginal children, reflecting ongoing structural inequality and systemic racism. This means that for every 1,000 Aboriginal children in Victoria, 90.5 are placed in out‑of‑home care
Legislation passed by Parliament expanded the role of Aboriginal agencies delivering child protection services, which should result in a decrease in this vastly disproportionate rate in coming years. To ensure that fewer Aboriginal children are removed from their families, significant efforts are required to reduce systemic racism and to improve outcomes in housing and homelessness, justice, education and poverty.
While the number of Aboriginal children reunified with parent(s) within 12 months of admission to care has increased over the long term, the rate of reunification has worsened as the number of admissions to care has tripled.
Goal 2 directly aligns with the following Closing the Gap Outcome and Target
Outcome 12: Aboriginal children are not overrepresented in the child protection system.
- Target 12: By 2031, reduce the rate of Aboriginal and Torres Strait Islander children in out-of-home care by 45 per cent.
Closing the Gap - How Victoria is tracking nationally
Outcome 12: In 2024, the rate of Aboriginal and Torres Strait Islander children aged 0-17 years in out-of-home care was 50.3 per 1,000 children across Australia, compared to 90.5 per 1,000 children in Victoria. Nationally and in Victoria, these rates are worsening based on the baseline.
Data Note
The latest year of available data varies across the Report due to the inconsistent frequency of collection of survey data and lags in processing administrative data. Data in this Report is the most up to date available for publishing. All measures under this goal are reported on.
2.1 Eliminate the over-representation of Aboriginal children and young people in care
Measure 2.1.1 Rate and number of children and young people in care
The number and rate of Aboriginal children in out-of-home care remains at historic highs. In 2023-24, the number of Aboriginal children in out-of-home increased to 2,867. For every 1,000 Aboriginal children in Victoria, 90.5 are in out-of-home care. This rate was 20.6 times the rate of non-Aboriginal children in out-of-home care. This demonstrates a significant over representation of Aboriginal children in out-of-home care.
The rate of Aboriginal children in out-of-home care has increased by 25.3 children per 1,000 since 2014-15. During this same period, the rate of non-Aboriginal children in out-of- home care has decreased. Ongoing structural inequality and systemic racism impact the over-representation of Aboriginal children in the child protection system. Due to an adjustment in population estimates, rates estimates have changed and are not comparable with previously reported rates.
On 1 July 2024, the Statement of Recognition Act 2023 became law. The Statement of Recognition is a formal acknowledgement by the Victorian Government that Aboriginal people were harmed by laws, policies and practices of past child protection systems and the continuing impact of inequality and racism that has led to an over-representation of Aboriginal children in child protection.
The legislation formally recognises that Aboriginal people are best placed to make decisions and deliver services that best protect Aboriginal children and expands the role of Aboriginal agencies delivering children and family services to reduce the over-representation of Aboriginal children in care.
Yoorrook for Justice made 20 recommendations on urgent reforms to the child protection system. As of October 2024, the Government has committed to supporting two recommendations, supporting 12 recommendations in-principle, and to further considering six recommendations.
Recommendations 9 and 14 are supported by Government. Recommendation 9 calls for annual reporting on funding for several services within the child protection and family services system, and specifically the amount and proportion of funding allocated to ACCOs. Recommendation 14 calls for the Department of Families, Fairness and Housing to ensure that all child protection staff and departmental executives receive regular, mandatory cultural safety and cultural awareness training, the completion of which is to be reported annually.
Measure 2.1.2 Number of families engaged with intensive family support services
In 2023-24, First Peoples engaging with intensive family support services in Victoria was at an all-time high. 2,042 Aboriginal children under a family preservation or family reunification order engaged with these services over this period. Since 2014-15 the number of children in intensive family support services has increased by 1,571. Since 2018-19 there has been a significant change in trend for this measure with year-on-year large changes in the number of children.
Intensive family support services play an important role in supporting vulnerable families and at-risk children by providing in-home support and interventions to build family functioning, family capability and promote child safety, stability, wellbeing and development. These outcomes are key to keeping families together (preservation) and support children in care to return home to their families (reunification).
2.2 Increase Aboriginal care, guardianship and management of Aboriginal children and young people in care
Measure 2.2.1 Number and proportion of Aboriginal children and young people in care placed with i) relatives/kin and ii) other Aboriginal carers
In 2023-24, there was a small increase in the number and rate of Aboriginal children under the care of their Aboriginal relatives and kin. Of those in care, 41.8 per cent of Aboriginal children were under the care of their Aboriginal relatives and kin in 2022-23. This represents 1,198 children.
In total, the proportion of Aboriginal children placed with either Aboriginal or non-Aboriginal relatives or kin was 80.7 per cent in 2024. This has steadily increased from 76.5 per cent in 2019.
The Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-Determination and Other Matters) Act 2023 recognises that that ongoing structural inequality and systemic racism impact Aboriginal people and their culture in relation to decision-making in the child protection system and the over-representation of Aboriginal children in the child protection system. The Act strengthened the legislative provisions for the Aboriginal Child Placement Principle. This introduced all five elements of the Aboriginal Child Placement Principle that decision-makers must consider when making decisions about Aboriginal child placement. These principles recognise the significance of connection to culture, family and community for Aboriginal children and must be maintained at all points of involvement in the child protection system.
Measure 2.2.2 Number and proportion of Aboriginal children and young people in care with a cultural plan
Most Aboriginal children and young people in care have a cultural plan, with the number of these plans remaining stable since 2019-20. 70 per cent of all Aboriginal children and young people in care had a cultural plan in 2023-24.
The Secretary of the Department of Families, Fairness and Housing is required to provide a cultural plan for every child in care. They are a legislatively mandated enabler for Aboriginal children in care to maintain and strengthen their Aboriginal identity and encourage their connection to their Aboriginal culture and community.
ACCOs support the care teams to develop, check and endorse cultural plans.
The Victorian Government acknowledges further work needs to be done to ensure all Aboriginal children in statutory care have a cultural plan. Work is underway to increase the quality and compliance of initial and review plans and to support culturally appropriate implementation.
Measure 2.2.3 Number and proportion of Aboriginal children and young people in care on contractible orders managed by Aboriginal Community Controlled Organisations (ACCOs)
In 2023-24, 43 per cent of Aboriginal children were on a contractible order in the care of an Aboriginal Community Controlled Organisation (ACCO). This is an increase of five percentage points from the previous year, meaning that rates have returned to pre-pandemic levels.
This data excludes Aboriginal children on Children’s Court protection orders managed by ACCOs through Section 18 (known as the Aboriginal Children in Aboriginal Care [ACAC] Program), reflected in measure 2.2.4. Where appropriate, the Department of Families, Fairness and Housing prioritises transitioning Aboriginal children in care through ACAC over case contracting to ACCOs, recognising that ACCO’s are best placed to hold decision-making responsibility for Aboriginal children in care.
It is important to note that in line with the Aboriginal Child Placement Principle, the removal of a child in the first place is considered a last resort. Continued engagement with, and expansion of, earlier intervention and prevention services will be key to preventing Aboriginal children from entering care in the first place.
Continuing to support capacity-building of the ACCO sector to deliver critical services within the child protection system remains a key priority of government as part of the commitment to keeping Aboriginal children in Aboriginal care.
Measure 2.2.4 Number and proportion of Aboriginal children and young people on protection orders under the direct authority of an ACCO (Section 18)
In 2023-24, nine per cent of Aboriginal children on a protection order were in the care of an Aboriginal organisation through the ACAC program. Over the last five years, the proportion has increased from 3.3 per cent in 2018-19. Between 2022-23 and 2023-24, the number of Aboriginal children and young people on protection orders under the direct authority of an ACCO increased from 210 to 258.
Enabled through Section 18 of the Children, Youth and Families Act 2005, the ACAC program gives authorised ACCOs legal responsibility for Aboriginal children on protection orders.
Aboriginal children under ACAC are not always in out-of-home care. This data includes Aboriginal children under ACAC on Family Preservation Orders, reflecting Aboriginal children in the care of one or both parents and supported by an ACCO. This promotes continuity of care for a child by a parent, whilst ensuring an ACCO can provide culturally appropriate support to address protective concerns and keep children safely at home.
These increases are a sign of positive change. However, there is still a significant amount of work and investment required to transition the child protection system to a self-determined model.
Statement of Recognition Act Implementation
Self-determination Enabler 3. Address racism and promote cultural safety
The Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self Determination and Other Matters) Act 2023 (Statement of Recognition Act) passed Parliament on 20 June 2023, with the Statement of Recognition coming into effect on 1 July 2024.
The Act amended the Children, Youth and Families Act 2005 (the CYFA) by:
- Introducing a Statement of Recognition and binding principles for consideration by decisionmakers
- legislating all five elements of the Aboriginal Child Placement Principle in line with elements of the Aboriginal and Torres Strait Islander Child Placement Principles
- expanding authorisations to the Aboriginal Children in Care program to include investigative functions and powers, known as the Community Protecting Boorais program.
The Statement of Recognition Act is an important step in the Victorian Government’s plan to meet the National Agreement on Closing the Gap target to reduce the rate of overrepresentation of Aboriginal children in care by 45 per cent by 2031 (Target 12). The Department of Families, Fairness and Housing (DFFH), in partnership with ACCOs, has delivered several initiatives in 2024 to support the operationalisation of the Statement of Recognition, including:
- developing a Statement of Recognition policy, which sets out the requirements to embed Aboriginal self-determination and the Statement of Recognition in service delivery and planning for DFFH staff and funded agencies
- online training packages and a guidance tool for DFFH staff and community service organisations on applying the eleven recognition principles (section 7.E of the CYFA) when working with, or planning for, Aboriginal children and families
- enhancements to the Child Protection Manual, child protection client recording systems and integration with child protection risk assessment and decision-making frameworks to include and consider the Statement of Recognition
- updated guidance to Children’s Court documents to include evidence of recognition principles within applications
- information sessions with child protection practice forums and the funded agency workforce.
Implementation of the Statement of Recognition was guided by a Statement of Recognition Aboriginal Community Controlled Organisation (ACCO) Advisory Group and workshops with ACCOs and legal stakeholders.
Work commenced in November 2024 to develop a monitoring and evaluation plan that will be delivered in partnership with ACCOs. This work will consider data available through client recording systems, program outcomes, and work with ACCOs and community service organisations to consider the implementation and impact of the Statement of Recognition and the further work needed to realise its principles in practice.
The DFFH acknowledges that implementation of the Statement of Recognition will be an ongoing journey to continue to embed the principles in policy and program design and ensuring accurate and considered reporting on policy and legislative requirements when working with Aboriginal children and families. DFFH recognises that the Aboriginal Children’s Forum and associated governance groups dedicated to the Statement of Recognition will be integral to continuing to build on learnings and evaluate the impact of the Act in future years.
2.3 Increase family reunifications for Aboriginal children and young people in care
Measure 2.3.1 Number of children and young people reunified with parent(s) within 12 months of admission to care as a proportion of all Aboriginal children and young people admitted to care
Between 2022-23 and 2023-24, the number of Aboriginal children and young people reunified with parent(s) within 12 months of admission to care increased from 460 to 493. In 2023-24, 57 per cent of Aboriginal children were reunited with their parent(s) within 12 months of admission to care. This is the highest rate since 2013-14.
This increase coincides with ongoing reforms to the child protection system to give ACCOs a greater role in the out-of-home care of Aboriginal children and support for Aboriginal families.
Chief Commissioner of Police’s apology to the Stolen Generations: Statement of Commitment Action 19
Self-determination Enabler 2. Address trauma and support healing
On 24 May 2024, the Chief Commissioner of Victoria Police delivered an acknowledgement and apology for the historical role and police involvement in removing Aboriginal children of the Stolen Generations from their families and communities. The Apology was delivered at the Aborigines Advancement League before approximately 350 attendees. The Apology was also live streamed to ensure members of the Stolen Generations and their families who could not attend in person were able to observe the event and hear the Apology remotely.
Through this apology to the Stolen Generations, Victoria Police accepted responsibility for the widespread harm caused to Aboriginal people due to the role of police in forcibly removing children from their families, and the deep impact this had on severing their connection to country, culture, kin, and identity.
To ensure this event was executed in a culturally safe way, Victoria Police consulted with members of the Aboriginal community, the Stolen Generations Advisory Committee and government representatives. An internal working group was also established to oversee the planning and included Senior Victoria Police Aboriginal Employees, members of the Aboriginal Justice Caucus and other senior employees.
The Apology symbolises a commitment to the Victorian Aboriginal community that Victoria Police will address ongoing systemic injustices for Aboriginal people in their interactions with law enforcement. The Chief Commissioner’s Statement of Commitment reflects Victoria Police’s genuine commitment to delivering tangible change. Its action items represent a commitment to partner with and build trust with Aboriginal community members and organisations to realise better outcomes.
Premier’s In-Person Apology to the Stolen Generations
Self-determination Enabler 2. Address trauma and support healing
On 10 October 2024, the Premier delivered the first apology to the eligible applicants to the Stolen Generations Reparations Package. Planning for subsequent apologies to be delivered by Senior Ministers over the next two years is currently being undertaken.
The Department of Justice and Community Safety implemented the apology model in consultation with the Stolen Generations Advisory Committee members and select ACCOs to ensure it was culturally appropriate and met the unique needs of the Stolen Generations members to support them to heal. The Advisory Committee and ACCOs were involved in planning and providing cultural guidance in delivering the apology, including providing training to the Premier.
A gathering of 32 Stolen Generations survivors and their families were present to receive the Premier's personal apology at the Victorian Aboriginal Community Services Association Ltd. Overall, the community engaged positively, and the Advisory Committee will continue to support delivery of future apologies. Feedback from community, partners and eligible applicants will continue to inform the delivery of future apologies.
Measure 2.3.2 Number of Aboriginal children and young people who exit care and do not return to care within 12 months as a proportion of all Aboriginal children and young people who exit care
[insert text]Less Aboriginal children are returning to care within 12 months of leaving than ever before. The number of Aboriginal children exiting care increased to 922 in 2023-24. Of these, 766 did not return to care within 12 months. The proportion of Aboriginal children who did not return to care was 83.1 per cent in 2023-24 compared to 72.1 per cent the previous year. This is an increase of 11 percentage points, compared to 7.4 percentage points for non-Aboriginal children, and coincides with the greater involvement of ACCOs in providing child protection and family support services.
It is important to note that, in line with the Aboriginal Child Placement Principle, the removal of a child in the first place is considered a last resort. Continued engagement with, and expansion of, earlier intervention and prevention services will be key to preventing Aboriginal children from entering care in the first place.
Children, Family and Home
Supporting Aboriginal children and families to be strong in culture and proud of their unique identity can ensure that every Aboriginal child has the best start in life.
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