1. The Public Guardian

2. Legal advocacy
Kevin Martin
Adult Guardian
Public Guardian Designate

3. Session details Legal advocacy Welcome
The Office of the Public Guardian and the hubs
Focusing on child advocacy and where child legal advocacy fits in
Legal advocacy under the Public Guardian Act – scope, functions and powers
How will legal advocacy work on 1 July – work in progress
Designing the legal advocacy model for the future: your thoughts
Next steps

4. Office of The Public Guardian
The OPG Vision:
Protecting the rights of vulnerable Queenslanders whatever their age or situation

5. Office of the Public Guardian
Organisational framework
The Public Guardian’s has a dual role: protecting the rights of both vulnerable adults and children and young people
Public Guardian • • • •
Adult
Corporate
Child
Adult community visiting program
Guardianship/statutory health attorney
Investigating abuse and neglect
Protecting client’s legal rights
Appraise use of restrictive practices
Child community visitors
Child advocacy

6. Office of the Public Guardian
Organisational framework
Child visitor and
advocacy programs
Public Guardian • • •
Child visitor program
Child advocacy program • • • •
Statewide
Virtual Hub
Hubs
Community Visitors • • •
Brisbane Hub
Ipswich Hub
Virtual Hub Managers
Gold Coast
Toowoomba & Western
Moreton & South Burnett
Central North
Central South
Logan
Sunshine Coast
Cairns
Central Office Staff • •
Cairns Hub
Planned for
late 2014
Townsville Hub

7. The hubs: triage and referral
Referrals
Townsville
Ipswich
Matters referred to regional advocates
or child visitors
Where appropriate, matters will be directed back though local physical hubs.
In appropriate cases external advocacy services and organisations will be utilised. • • • • •
Statewide
Virtual Hub • • •
Brisbane •
Regional
Virtual Hubs • . @
Children and young people in the child protection system, wherever they are, can seek help and support via social media and electronic communication.
Children and young people can contact their local physical hub directly by phone or visiting.

8. The hubs
Review of Hubs
State wide virtual hub, physical hubs and virtual hubs are very much a work in progress.
After 9-12 months experience an independent arms length review will be undertaken by external consultants to assess the success or otherwise of both the physical and virtual hubs

9. The hubs
Hub managers
Hub managers are the key to the delivery of child advocacy services in each zone
Hub managers are to act professionally and will be accountable for the decisions they make
provide timely responses to all requests
for assistance
adopt a “no wrong door” approach–provide referrals
for children and young people not within jurisdiction
where necessary liaise with the legal team in OPG
in relation to potential legal advocacy matters

10. Child Advocacy Goal of Child Advocacy:
promoting and protecting the rights and interests of children and young people
ensuring their voices are heard
assisting children and young people to understand the child protection system and resolve issues
ensuring children and young people are involved in making decisions that affect their care
working with service providers to promote and protect the interests of children.

11. Child Advocacy Child advocacy: non legal and legal
The Public Guardian will provide individual advocacy for children and young people–primarily in the child protection system–offering advice, information and help. This includes:
Child advocacy (non legal)
help making complaints
help resolving issues in care
support in meetings
case planning
mediation.
Child advocacy (legal)
representation in courts and tribunals
appearing in QCAT review process
providing help and support in court
conferencing and family group
meetings
utilising the legal powers of the
Public Guardian Act 2014.

12. Children in scope for child advocacy services
Section 13 of the Act: child advocacy functions
Only for relevant children.
Section 52 of the Act defines ‘relevant children’.
Those children under child protection orders (including urgent and temporary orders), interventions and voluntary agreements under the Child Protection Act.

13. Children in scope for child advocacy
OPG can also assist:
children who were receiving help before a child protection order, agreement or intervention stopped–section 52(3)(a)
if a child needs help in reviewing a decision to end the order, agreement or intervention–section 52(3)(b)
A child, young person or 18 year old to transition out of the child protection system–section 52(4)
only if the OPG thinks it can help.

14. Child advocates Child advocacy from 1 July
Child advocacy officers appointed under s 110 of the Public Guardian Act – an employee of Public Guardian with skills and ability to do the job
Can perform any child advocate functions under section 13 delegated to them by the Public Guardian
From 1 July, Child advocacy officers will be Hub Managers, Lawyer/Advocates (currently being recruited) who will work in hubs
Any other employee of the Public Guardian with skills and ability to do the job

15. Legal advocacy Legal Advocacy
From 1 July, main trigger for legal advocacy:
Systems gap or systems failure
If agencies are working effectively and properly representing the views of a child, then no necessity for any separate action by the Public Guardian
Business as usual for existing legal providers
Legal advocacy only to be performed by Lawyer/Advocates or other officers from the general OPG Legal team
Supervision of Lawyer/Advocates by hub manager, legal team and Public Guardian

16. What is legal advocacy under the Public Guardian Act?
Varied roles to support child in legal proceedings–see section 13 of the Act
Support a child in a legal proceeding, including at the Queensland Civil and Administrative Tribunal (QCAT)
Support a child at and participate in family group meetings, conferences and mediation
Statutory right to intervene in any legal proceedings in the Childrens Court or the QCAT in relation to a child protection matter

17. Legal advocacy Legal Advocacy
Role of the Public Guardian in QCAT–section 128
Support child at, and participate in, conferences or mediations ordered or facilitated by QCAT
Present the child’s views and wishes at the conference or mediation
right to appear before QCAT and present the child’s views and wishes to the tribunal; and to make submissions, call witnesses and test evidence, including by cross-examining witnesses

18. Legal Advocacy
Legal advocacy Role of Public Guardian in Childrens Court–new 108B-D CPA
A right of appearance in child protection proceedings in the Childrens Court
Communicate the child’s wishes, appear, make submissions and lead and test evidence in the proceedings to advocate or support a child
This is in addition to the existing right of a child to a direct legal representative or a separate representative to act in the child’s best interests

19. Power of entry for child advocates
Powers of child advocacy officers
Power of entry for child advocates
Visitable sites:
enter normal hours without notice section 74
enter outside normal hours with Public Guardian consent–section 74.
Any other place the child is staying
Enter with consent of the person in charge
If a public place, enter when place is open
Enter on warrant – section 78

20. Information exchange Powers of child advocacy officers
Public Guardian may use information for child advocacy functions–see sections 86(1) and (2)
Prescribed entities–must comply with request for information from the Public Guardian–sections 84 and 85
Public Guardian may disclose information, including confidential information to prescribed entities to perform child advocacy functions

21. Information exchange Prescribed entities are:
Powers of child advocacy officers
Information exchange Prescribed entities are:
Chief Executives of:
Education, Health, Child Safety and Disability Services
Corrections and Youth Justice
Queensland Police Service
Director of Public Prosecutions, Legal Aid Queensland (only relating to child’s circumstances)
Family and Child Commission
Family Responsibilities Commission
Recognised Entities
Non government schools
Visitable sites
Hospitals and health boards
Mater Health services

22. Information exchange Powers of child advocacy officers
Appropriate exceptions apply for disclosures, for e.g. no info if it would endanger a person’s wellbeing or prejudice criminal investigations–section 85(7).
The use of the information exchanged under these provisions will be protected by the strict confidentiality provisions in the Act–sections 138 to 140.
These provisions override any other law that would otherwise prohibit or restrict the giving of information (some limited exceptions in CPA).

23. Information exchange Powers of child advocacy officers
Chief Executive (Child Safety) to advise the Public Guardian:
When reviewable decision is made (change of placement, change in contact with family)
When child is on CP orders and when orders end so Public Guardian has the information required to exercise its advocacy functions–section 87.
Information may be requested by the Public Guardian for the purpose of assessing whether a child should be visited as part of the community visitor program–see Section 86(3).

24. Information exchange Powers of child advocacy officers
Arrangements may also be made with Child Safety for the disclosure of confidential information (including electronic transfer) for the purposes of the Child Protection Act and vice-versa–section 89.
The Courts and QCAT will also provide information directly related to the Public Guardian’s right to appear in legal proceedings.

25. Your thoughts Designing the legal advocacy model
How can existing legal service providers and OPG work together from 1 July
What opportunities are there to partner with other legal service providers across the State ( the Public Guardian can appoint external contractors under section 104 for child advocacy services)
What is the unmet need in advocacy and legal advocacy? Now? And in 3 years as other Carmody reforms roll out