Ms Lara Hynes:

I will start with the last point. The Department thinks independent advocacy is a good idea for parents and children. We do not think it necessarily needs to be put in the statute. Many issues are better approached from a policy or operational perspective rather than mandating them in legislation. On the Senator's first point about, "is likely to be assaulted", the overall provision states that when the Child and Family Agency applies for a court order, it must be satisfied regarding several categories, such as "has been" or "is being" assaulted or ill-treated. The new one is, "likely to be assaulted, ill-treated...". At the end of that provision, it states also "... that the child requires care or protection which he or she is unlikely to receive unless the court makes an order under this section".