Divisions 4 and 5 of Part III of the Lukautim Pikinini Act 2015 push the child protection system down to the province and the district.
Section 24 — every province
A Provincial Child and Family Services Council shall be established in every province. The Minister may, on the recommendation of the National Council, establish and appoint members of the Provincial Council.
| Para | Member |
|---|---|
| (a) | Provincial Administrator or nominee — Chairperson |
| (b) | Senior Provincial Magistrate or nominee |
| (c) | Provincial Police Commander or nominee |
| (d) | Head of the Provincial Health Authority or nominee |
| (e) | Provincial Education Advisor or nominee |
| (f) | The Provincial Child Protection Officer |
| (g) | President of the Provincial Council of Women or her nominee |
| (h) | A representative of licensed early childhood care and development centres |
| (i) | A representative of out-of-home care centres |
| (j) | A representative of the churches |
The composition tracks the National Council: administration, magistracy, police, health, education, women, the care sector and the churches — but at provincial level, where services are actually delivered.
Members under paragraphs (g) to (j) hold office for three years and are eligible for reappointment (s 24(5)). The names of members shall be gazetted on confirmation of membership (s 24(4)).
Vacation of office and disqualification follow the national pattern: death, three consecutive absences without leave, permanent incapacity, conviction of an offence, or resignation (s 24(6)); and a person convicted of an offence against children, or considered by the Director not appropriate, is ineligible (s 24(7)).
The Provincial Government shall provide professional, secretarial, other services, facilities and funding as may be reasonably required to enable the Provincial Council to perform its functions effectively.
This is not optional. The Act places the running cost of provincial child protection on the provincial government, which is what makes the requirement in section 24(1) — a council in every province — capable of being met.
Section 25 — what the Provincial Council does
(a) to implement and administer the provisions of this Act in the province;
(b) to prevent and respond to violence, abuse, neglect, exploitation and discrimination against all children;
(c) to advise the National Council, the Director and the Provincial Government on children and family services in the province;
(d) to advise the Provincial Government on child and family matters referred by the National Council;
(e) to advise and report to the Provincial Government on the workings of the Provincial Council and the District Committees.
The National Council sets policy; the Provincial Council implements and administers the Act. It is the body that makes the statute real in a province.
Note also section 22: the National Council may delegate any of its functions (other than delegation itself) to the Director, a Provincial Council or a Committee.
The Provincial Council meets not less than three times a year, appoints a Deputy Chairperson at its first meeting, may prescribe its own procedures, must report annually to the National Council before the end of December, and must furnish reports to the Director on request (s 26).
Sections 27 and 28 — the District Committee
The Provincial Council may, on the request by the District, establish a Child and Family Services Committee for the District.
The Committee consists of (a) the District Administrator or nominee, as Chairperson; (b) the District Child Protection Officer; and (c) such other members, not exceeding six, appointed by the Provincial Council.
A Provincial Council is mandatory in every province. A District Committee is discretionary, and only on the District’s own request.
So the presence of a District Committee varies. Where one exists, the District Development Authority must provide the services, facilities and funding it reasonably requires (s 27(5)), and the Provincial Council must report the establishment to the National Council within one month (s 27(3)).
Note the disqualification for appointed members in section 27(8)(d): conviction of an indictable offence, or an offence against children.
(a) to formulate policies towards preventing and responding to violence, abuse, neglect, exploitation and discrimination against all children;
(b) to investigate and inquire into any matters affecting children at the local community or District, and to report and advise the Provincial Council and the Member of Parliament for the District for consideration and report to the appropriate authorities;
(c) to give advice and guidance in the rationalisation and co-operation of services designed to promote child welfare at the District, so as to achieve the most effective use of those services.
A power to investigate and inquire into any matters affecting children at the local community, and to report to the local Member of Parliament, makes the Committee an independent local voice — useful where a problem is systemic rather than confined to one family.
It sits alongside, not instead of, the individual case machinery: reporting under section 38, investigation under section 42, and proceedings in the Family Court.
The Committee reports annually to the Provincial Council before the end of December, and on request (s 27(6) and (7)) — feeding into the Provincial Council’s own annual report and, ultimately, into the report the National Council must lay before Parliament each March under section 23.
Sources
- Lukautim Pikinini Act 2015 — ss 13(g), 16–28, 35, 38, 42
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.