Overseeing the system for the protection of children and young people
Reforming regulation of the social work profession
A range of legislative changes were introduced to Parliament in 2017 to increase the professionalism and competence of social workers as a critical workforce in supporting the delivery of effective social services. These were passed into law in February 2019 as the Social Workers Registration Legislation Act 2019.
A key change in the new legislation is a move to mandatory registration of social workers, a change that representatives of the sector have been advocating for a long time. This comes into effect from February 2021.
In helping to develop the new legislation we worked closely with the Social Workers Registration Board (SWRB) [21] and the Social Work Alliance [22]. This close working relationship meant that Parliament could be assured that what was proposed was well informed by the lived experience of social workers.
Partnering with the sector has been critical in achieving a robust legislative outcome and has paved the way for the successful implementation of mandatory registration and the other changes that will be implemented over the next few years. As a result, we can expect increased public safety and confidence in social work and social workers.
Developing a new independent children’s monitor
A comprehensive review of the oversight arrangements of Oranga Tamariki, completed at the end of 2018, found that key issues and gaps within the Oranga Tamariki system needed to be addressed. Subsequently Cabinet agreed to strengthen the oversight of the system and for MSD to establish and build an independent monitoring function with the intention to transfer it to the Office of the Children’s Commissioner (OCC) once robustly established [23].
This work aims to improve services and outcomes for those in care, to build trust and confidence in the children’s care system, and to ensure that the wellbeing and interests of children and young people are at the centre of how the State delivers care and support.
Substantial changes to policy and legislation are required to achieve the Government’s aims. We are working closely with key stakeholders and government agencies to develop the new legislation under which the oversight functions will operate.
The Independent Children’s Monitor came into operation on 1 July 2019, with monitoring to be phased in over time. Initial monitoring focuses on information received on abuse or neglect in relation to children in care or custody, and the response. Expanded monitoring will be focused on compliance with all aspects of the National Care Standards by December 2020, and the intended longer-term expansion would enable broader monitoring of the Oranga Tamariki Act 1989 and associated regulations.
We have worked closely with Oranga Tamariki, OCC, the Office of the Ombudsman and other government agencies on development of the independent oversight system as a whole, and have begun a process of engagement with Māori, guided by a Kāhui Group. We will be undertaking an extensive engagement process with Māori individuals and organisations to focus on how the independent monitor might best work towards identifying issues of particular concern for children and their whānau.
Footnotes
[21] SWRB is the regulatory authority that registers social workers, and its primary function is to protect public safety by ensuring that social workers are competent, fit to practice, and accountable for the way in which they practice. It also works to enhance the professionalism of social workers. As one of the three Crown entities for which we have a monitoring role, we are supporting SWRB to prepare for an expansion in its workload as mandatory registration comes on board over the next two years.
[22] The Social Work Alliance is a collective of various organisations involved with the social work profession, including employers, unions, professional associations, the education sector, and the regulator
[23] While the new monitoring system is being developed, OCC will continue to take a strong system-level advocacy role for all New Zealand children and youth, and the Office of the Ombudsman will provide an enhanced complaints and investigations function.
