The role of the OPG child advocate
Presentation transcript
Welcome to this presentation on OPG child advocates.
Throughout the presentation, we will look at who child advocates are, what they do, the legal framework, and how vulnerable children and young people can access their support.
We will also explain how referrals can be made and how this role differs from other roles within child protection.
I would like to start by acknowledging the Traditional Custodians of the lands across Queensland.
We pay respect to Elders past, present and emerging and recognise the continuing connection to land, waters and culture.
The Office of the Public Guardian is an independent statutory body created under the Public Guardian Act 2014.
We work to protect the rights, interests and wellbeing of vulnerable people within our communities, including vulnerable children and young people.
Our functions include guardianship, advocacy, investigations and community visiting for vulnerable adults, and advocacy and community visiting functions for vulnerable children and young people.
OPG has two key teams who work with vulnerable children and young people across the state.
Community visitors focus on non-legal issues, visiting vulnerable children and young people in visitable homes and at visible sites.
Child advocates support relevant children in both visitable and non-visitable sites with legal issues.
A relevant child is defined by the Public Guardian Act to include a child or young person who is subject to a child protection order or intervention.
Both roles are independent from child safety and can work together to support vulnerable children in our communities.
OPG child advocates are independent from child safety, carers, courts and the police.
Their key role is to advocate for the views and wishes of children and young people involved with the child protection system.
They are mandatory reporters and support these relevant children to participate in decisions being made about them.
The Public Guardian's child advocacy functions guide the way OPG child advocates undertake their advocacy.
These functions are set out in section 13 of the Public Guardian Act 2014, and include building trusting and supportive relationships with relevant children, providing advice and information to relevant children about matters concerning them, supporting relevant children to participate in meetings and conferences, court and tribunal proceedings about matters affecting them, assisting relevant children in making complaints and resolving disputes, and making submissions and testing evidence relating to child protection matters in court and tribunal proceedings.
Child advocates can support relevant children with legal issues.
For a child to be considered a relevant child, they must fit within the definition of a relevant child.
Under section 52 of the Public Guardian Act, any relevant child seeking advocacy support for a non-legal issue may be able to seek support from the OPG community visitors if the child is in a visitable site or visitable location.
For child advocates to provide sufficient advocacy, the relevant child should have a basic level of capacity to understand that child safety is involved in their life and an ability to understand the issue they're seeking support with.
The child also should have capacity to clearly articulate their views and wishes.
Child advocates can support a child or young person who does not have capacity on a non-instructed basis.
This, however, is only done in exceptional circumstances and is assessed case by case.
Lastly, support can be provided to a relevant child only if they want to participate and want the assistance of a child advocate.
Children and young people have the right to participate in decisions being made about them, with or without the assistance of a child advocate, and that participation is entirely voluntary.
Therefore, it is important to determine if and how the child is seeking to be involved before seeking the assistance of a child advocate.
Child advocates can offer support across a broad range of legal issues, including child protection applications and permanency decisions, reviewable decisions in QCAT about contact and placement, and appeals on school suspensions or exclusions.
They also provide complementary youth justice advocacy and may provide support for other legal issues such as name change advocacy or human rights complaints.
Child advocates are based in Brisbane, Ipswich, Townsville and Cairns.
They work with children across Queensland and are not allocated to relevant children and young people just within their region.
Direct representative lawyers take instructions directly from the child or young person and act on their behalf.
Direct representatives are generally only appointed if the child or young person is Gillick competent and can provide lawful, proper and competent instructions.
Separate representative lawyers can present a child's views and wishes to the court, but must act in the child's best interests.
Separate representatives are court appointed and can be appointed for children who may or may not have capacity to participate.
Child advocates are independent, rights focused and advocate for relevant child's views and wishes.
It is not the role of the child advocate to determine what is or is not in the child's best interests.
The role of the child advocate can continue alongside the role of the direct representative and separate representative in the same proceedings if required.
To seek assistance from a child advocate, a referral form must be submitted to child-advocate-refer@publicguardian.qld.gov.au.
An advocate is only allocated once the referral is accepted.
The OPG has discretion to intervene in certain matters and cannot be appointed by a court.
Referrals can be made by anyone.
Children and young people can self-refer, while professionals, carers or family members can also make referrals on behalf of a child or young person.
If the child has been consulted and consent has been obtained before making a referral, it is important to confirm that the child wants to participate and wants advocacy support from a child advocate.
The referral form is available on the OPG website and must include essential details such as age, consent, intervention information, any upcoming court or meeting dates, and relevant details about the legal issue.
The form should then be emailed to the Child Advocate Referral email address for assessment.
Referral assessments may take up to six weeks.
If you have questions about a potential referral, you can call and ask for a senior legal officer or email the Child Advocate Referral address.
Thank you for taking the time to watch this presentation.
If you'd like more information or to raise a concern, please contact the Office of the Public Guardian.
You can reach us by phone, email or through our website, and complaints can be made directly to our complaints team.