The proposed legislation was introduced in response to the inquiry into abuse in state care
In response to the Royal Commission of Inquiry into Abuse in Care, the government has introduced a new bill to strengthen legal protections for individuals in state care.
The “Responding to Abuse in Care Legislation Amendment Bill” will have its first reading after a National Apology. It proposes several changes to key laws to prevent abuse in care facilities and enhance safeguards for vulnerable people.
Erica Stanford, the lead coordination minister for the government’s response to the inquiry, emphasized the significance of these reforms, expressing the government’s commitment to preventing future abuse. “The magnitude of the abuse detailed by the Royal Commission of Inquiry was heartbreaking, and as a government, we will do everything in our power to try and prevent abuse from occurring in the future,” Stanford said in a statement.
The bill amends the Oranga Tamariki Act 1989, Children’s Act 2014, Crimes Act 1961, and Public Records Act 2005 to improve safety measures, tighten employment restrictions, and address gaps in record-keeping. Among the reforms, the bill will eliminate strip searches for children in state care and introduce new search powers for visitors to youth justice facilities.
Minister for Children Karen Chhour stressed the importance of these changes, noting that strip searches had been reported by the Royal Commission as “dehumanising and traumatising.” Removing strip searches is intended to eliminate a restrictive practice within the care system. Additionally, the bill will introduce statutory powers for searches of visitors, staff, and contractors at youth justice residences to prevent harmful items from entering these facilities, supporting a safer environment for young people in secure residences.
To further strengthen protections, the bill will close a legal loophole that currently allows individuals with overseas convictions to work with children. This amendment, according to Stanford, will ensure only thoroughly vetted individuals are permitted to work with children, promoting safer learning and care environments.
The bill also amends the Crimes Act to expand the definition of a “vulnerable adult” to include those with disabilities, thereby establishing a statutory duty of care for individuals working with disabled adults. Justice Minister Paul Goldsmith explained that this amendment would clarify caregivers’ obligations under the law to protect disabled individuals from harm.
Another significant area addressed by the bill is record-keeping within government agencies. The bill grants the chief archivist new powers to enforce record-keeping standards, including the ability to issue performance notices and require agencies to produce time-bound action plans to address deficiencies. Minister of Internal Affairs Brooke van Velden acknowledged the difficulties many survivors have faced in accessing records and emphasized the importance of complete and accurate records for those interacting with government.
While Minister Stanford recognized improvements in state care through measures such as staff training, professional standards, and enhanced vetting, she stressed that these legislative changes are just the beginning. She expressed gratitude to opposition parties for their support in introducing the bill and affirmed that the government would continue to carefully consider the recommendations of the Royal Commission.
