2.12 Child protection

Key messages

• The majority of Aboriginal and Torres Strait Islander children aged under 18 are being raised in safe environments, where their parents are teaching them to be active contributors to family and community life. However, Indigenous children are overrepresented in all aspects of the child protection system, reflecting a history of trauma and stressors which have impacted parents and communities.
• Over the period 30 June 2017 to 30 June 2021, there was no significant change in the rate of substantiated maltreatments for Indigenous children (ranging from 38.0 to 43.3 per 1,000 population), nor were there changes in the gap (rate difference) between Indigenous and non-Indigenous children. In 2020–21, rates of substantiated maltreatments were 6.9 times as high for Indigenous children as non-Indigenous children (43.4 compared with 6.3 per 1,000 population).
• Nationally, over the period from 30 June 2017 to 30 June 2021, the rate of Indigenous children on care and protection orders increased from 60 to 71.5 per 1,000 population and the gap with non-Indigenous children widened from an absolute difference of 53 to 64 per 1,000 population. In 2020–21 rates of children on care and protection orders were 10.1 times as high for Indigenous children than non-Indigenous children (71.5 compared with 7.1 per 1,000).
• Over the period from 30 June 2017 to 30 June 2021 rates of out-of-home care among Indigenous children increased from 51 to 58 per 1,000 population and the gap widened from 46 to 53 per 1,000 population. In 2020–21 rates of out-of-home care were 11.5 times as high for Indigenous children (58 compared with 5.0 per 1,000 population).
• Indigenous children represented 31% of children who were the subject of substantiated maltreatments in 2020–21, 39% of children on care and protection orders at 30 June 2021, and 42% of children in out-of-home care at 30 June 2021.
• Emotional abuse was the most common type of maltreatment among Indigenous children in 2020–21 (48%, or 6,963 of 14,596 substantiated maltreatments).
• Of the Indigenous children who were the subject of substantiations in 2020­­–21, 4,286 (27%) were subsequently placed on a care and protection order within 12 months.
• Of the 19,480 Indigenous children in out-of-home care at 30 June 2021, almost one-third (6,175 or 32%) were placed with an Indigenous relative or kin.
• Almost two-thirds (2,600 or 64%) of the 4,055 Indigenous young people aged 10–17 who were under some type of youth justice supervision during 2020-21 came into contact with the child protection system in the years prior.

Why is it important

Many Aboriginal and Torres Strait Islander children are being raised in safe environments, where their parents are teaching them to be active contributors to family and community life (Lohoar et al. 2014). Interactions with the child protection system for Aboriginal and Torres Strait Islander children should be contextualised within the history of colonialism and systemic racism that Indigenous communities have experienced. Indigenous Australian communities experienced considerable trauma in the form of dispossession of land, removal of children, family separation and displacement, and loss of culture (The Australian Human Rights and Equal Opportunity Commission 1997). The consequences of these removal policies have long-term effects, including social, physical and psychological impacts for those directly involved, as well as for their families and communities (Atkinson 2013). Child protection issues continue to be very significant for the Indigenous Australian population, reflecting this history of trauma and stressors that have impacted on parents, parenting skills and communities. Issues such as substance abuse, poverty and family violence are also key factors (AHRC 2015; de Bortoli et al. 2015). Past and current legislative and administrative policies together with bureaucratic structures and mainstream cultural presumptions create a matrix of welfare which cannot be reformed by means of departmental policy alone. Empowering Indigenous communities through self-determination and tailored welfare services can repair historical harm and promote Indigenous control over their destiny (The Australian Human Rights and Equal Opportunity Commission 1997).

Experience of maltreatment (physical, emotional and psychological abuse, neglect, sexual abuse and witnessing family violence) during childhood has serious and long-term effects on social and emotional wellbeing and health (Emerson et al. 2015). Exposure to trauma, neglect and experience of out-of-home care is associated with suicidal behaviour (Atkinson 2013; Robinson et al. 2011). Children and young people who have been abused or neglected are also at greater risk of engaging in criminal activity and of entering the youth justice system (AIHW 2019a).

In responding to situations in which Indigenous Australian children are at risk, all states and territories have adopted the Aboriginal and Torres Strait Islander Child Placement Principle. The fundamental goal of the principle is to enhance and preserve Indigenous Australian children’s connection to family and community, and their sense of identity and culture. The principle recognises the importance of connections to family, community, culture and Country in child and family legislation, policy and practice, and emphasises the importance of self-determination in supporting and maintaining those connections (Burton et al. 2018). Where Indigenous Australian children are removed from their family, the principle requires the following order of preference for their placement to be followed: the child’s extended family; the child’s Indigenous community; other Indigenous Australians. Barriers to this principle include a shortage of foster and kinship carers, issues of support for kinship carers and inconsistency in child protection decision-making (Arney et al. 2015; Kiraly & Humphreys 2016).

All jurisdictions have legislative requirements on the mandatory reporting of suspected child abuse. In Australia, child protection functions are undertaken at the state and territory level of government. Each jurisdiction has its own legislation, policies and practices in relation to child protection (AIHW 2019a, 2019b; Guthridge et al. 2014).

In July 2020, the National Agreement on Closing the Gap (the National Agreement) identified the importance of reducing the number of Aboriginal and Torres Strait Islander children in out-of-home care. To support this outcome the National Agreement developed the following target to direct policy attention and monitor progress:

• Target 12 – By 2031, reduce the rate of overrepresentation of Aboriginal and Torres Strait Islander children (0–17 years old) in out-of-home care by 45 per cent.

The National Agreement has identified the number and proportion of Indigenous children in out-of-home care as a key driver of this trend. Further, rates of Indigenous children entering out-of-home care and receiving protections orders (where family violence is indicated) has been identified as a key driver of outcome 13 (families and households are safe).

For the latest data on the Closing the Gap targets, see the Closing the Gap Information Repository.

Findings

What does the data tell us?

In Australia, state and territory governments are responsible for statutory child protection. Relevant departments support vulnerable children:

• who have been, or are at risk of being abused, neglected or otherwise harmed, and
• whose parents are unable to provide adequate care or protection (AIHW 2022a).

Nationally, in 2020–21, 58,034 Indigenous children received child protective services, corresponding to a rate of 172 per 1,000 Indigenous children (Table 2.12-1).

Table 2.12-1: Indigenous children in the child protection system, by state and territory (per 1,000 children)

State/territory	Children receiving child protection services, 2020–21	Children who were the subjects of substantiated maltreatment, 2020–21	Children placed on care and protection orders, 30 June 2021	Children in out-of-home care, 2020–21
Number
New South Wales	19,732	5,938	8,462	6,829
Victoria	7,337	2,184	3,453	2,572
Queensland	13,072	2,149	5,562	4,295
Western Australia	7,590	1,810	3,276	2,664
South Australia	3,167	873	1,747	1,637
Tasmania	734(b)	131	494(c)	403(b)
Australian Capital Territory	638	99	269	200
Northern Territory	5,764	1,412	911	880
Total	58,034	14,596	24,174	19,480
Rate (per 1,000 children)
New South Wales	173.0	52.1	73.7	59.5
Victoria	296.3	88.2	138.3	103.0
Queensland	132.9	21.9	56.2	43.4
Western Australia	185.2	44.2	79.6	64.7
South Australia	175.3	48.3	96.1	90.0
Tasmania	63.0(b)	11.2	42.2(c)	34.4(b)
Australian Capital Territory	214.7	33.3	89.8	66.8
Northern Territory	225.1	55.1	35.7	34.5
Total	172.4	43.4	71.5	57.6

(a) Data as at 30 June 2021.

(b) Tasmania data exclude children not under care and protection orders placed with relatives for whom a financial contribution is made under the Supported Extended Family or Relatives Allowance programs. Tasmania is not able to include children in care where a financial payment was offered but was declined by the carer meaning Tasmania’s data may be lower than would be the case if the counting rule was strictly applied.

(c) Due to issues with the recording of order status, Tasmanian data for care and protection orders should be interpreted with caution.

Notes

1. In Tasmania, the reliability of these data is affected by the proportion of children with an unknown Indigenous status at investigation.

2. Data presented in this table are not comparable across jurisdictions due to differences in the way jurisdictions collect and report data on notifications, investigations and substantiations.

Source: Tables D2.12.7, D2.12.3, D2.12.12, and AIHW 2022a: Table S2.3.

Substantiated maltreatments

Nationally, in 2020–21, there were 14,596 Indigenous children aged 0–17 who were the subjects of substantiated maltreatments, corresponding to a rate of 43 per 1,000 Indigenous children. A substantiation is the result of a finalised investigation which concludes that there is reasonable cause to believe that a child has been, is being, or is at risk or significant risk of being maltreated.

Of the 14,596 substantiated maltreatments for Indigenous children aged 0–17, almost three-quarters (10,824 notifications, or 74%) were for children between the ages of 1 and 14. This was similar to the proportion for non-Indigenous children (79% or 26,172) (Table D2.12.2).

Although the processes that each state and territory use to protect children are broadly similar, there are some important differences between jurisdictions’ legislation, child protection policies and practices that should be taken into account when making cross-jurisdiction comparisons (AIHW 2019c). Noting that comparisons should be made with care, the rate across jurisdictions of Indigenous children who were the subject of maltreatments ranged from 11 per 1,000 (in Tasmania) to 88 per 1,000 (in Victoria) (Table D2.12.3).

Nationally, in 2020–21, the most common type of maltreatment for Indigenous children was emotional abuse (6,963 or 48%) followed by neglect (4,486 or 31%) and physical abuse (2,043 or 14%) (Table D2.12.4, Figure 2.12.1).

Figure 2.12.1: Indigenous children aged 0–17 who were the subjects of substantiated maltreatments, by primary type of maltreatment 2020–21

Source: Table D2.12.4. AIHW Child Protection Collection.

Emotional abuse was the most common type of maltreatment among Indigenous children across most jurisdictions (ranging between 42% in Queensland and the Northern Territory to 81% in Victoria), except for New South Wales, where neglect was more common (42%).

Care and protection orders

Care and protection orders are legal orders or arrangements that give child protection departments partial or full responsibility for a child’s welfare (AIHW 2022a). Children are placed on care and protection orders if they have been seriously harmed, are at risk or significant risk of harm or there are no other care options.

Nationally, at 30 June 2021, 24,174 Indigenous children were on care and protection orders. This corresponds to a rate of 72 per 1,000 Indigenous children. Around one-third of all care and protection orders were for Indigenous children aged 10–14 (7,816 or 32%).

There are different types of orders available across jurisdictions, and different policies and practices putting them into effect, so care should be taken making comparisons across jurisdictions. Noting this, across jurisdictions, rates of care and protection orders ranged from 36 per 1,000 Indigenous children (in the Northern Territory) to 138 per 1,000 Indigenous children (in Victoria) (Table D2.12.7).

Of the 24,174 Indigenous children who were on care and protection orders, 16,676 (69%) were on finalised guardianship or custody orders, 3,743 (15%) were on finalised third-party parental responsibility orders and 3,059 (13%) were on interim or temporary orders (Table D2.12.8, Figure 2.12.2).

Figure 2.12.2: Indigenous children aged 10–17 on care and protection orders, by type of care and protection order, 30 June 2021

Source: Table D2.12.8. AIHW Child Protection Collection.

Finalised guardianship or custody orders were the most common care and protection orders across all jurisdictions and ranged between 52% of all care and protection orders in Victoria to 89% of all care and protection orders in the Northern Territory (Table D2.12.8).

Of Indigenous children who were the subject of substantiations in 2019–20, 27% (4,286) were subsequently placed on a care and protection order within 12 months. This differed across the jurisdictions, ranging from 11% in the Northern Territory to 53% in the Australian Capital Territory (Table D2.12.16).

Out-of-home care

At 30 June 2021, there were 19,480 Indigenous children in out-of-home care. As a population rate, about 58 per 1,000 Indigenous children were in out-of-home care on 30 June 2021 (Table D2.12.12). Rates of out-of-home care for Indigenous children varied by jurisdiction, ranging from 34 per 1,000 children (in Tasmania) to 103 per 1,000 children (in Victoria).

Among Indigenous children in out-of-home care at 30 June 2021, 8,427 (43%) children had been continuously in care for 5 years or more, 5,093 (26%) for between 2 and 5 years, 2,577 (13%) for between 1 and 2 years, and 3,383 (17%) for under a year (AIHW 2022a).

The purpose of the Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP) is to ensure Indigenous children remain connected to their family, community, culture, and country (AIHW 2022a). Of the 19,480 Indigenous children in out-of-home care at 30 June 2021, 63% (12,290) were placed in accordance with the ATSICPP. Almost one-third (32% or 6,175) were placed with an Indigenous relative or kin, a further 4,278 (22%) were placed with a non-Indigenous relative or kin, and 1,837 (9%) with another Indigenous caregiver (Table D2.12.13, Figure 2.12.3).

Figure 2.12.3: Indigenous children aged 0–17 in out-of-home care, by relationship to carer, 30 June 2021

Note: 'In another care arrangement' includes children living with non-Indigenous carers who are not relatives or kin, in residential care, in family group home and children living independently.

Source: Table D2.12.13. AIHW Child Protection Collection.

The proportion of Indigenous children in out-of-home care who were placed with an Indigenous relative or kin ranged from 22% of children in Queensland to 41% in the Australian Capital Territory (Table D2.12.13).

Cultural support plans include details such as the child’s cultural background and actions taken to maintain their connection to culture (AIHW 2022b). Legislation in each state and territory determines whether children are required to have cultural support plans.

At 30 June 2021, 17,300 Aboriginal and Torres Strait Islander children in out-of-home care were required to have a current, documented and approved cultural support plan – of these, 73% had a plan in place (AIHW 2022b).

Reunification is a planned process of safely enabling a child to return to their birth parents, family or former guardian. For Aboriginal and Torres Strait Islander children, this can mean potentially re-establishing the closest possible connection to their family, community and culture, especially for those children who were placed with non-Indigenous carers who are not relatives or kin. Successful reunification can be measured by looking at whether the child had returned to out-of-home care within a specific period after a reunification had taken place.

In 2020–21, 16% of around 10,300 Aboriginal and Torres Strait Islander children aged 0–17 in out-of-home care (excluding children on long-term guardianship orders) were reunified during the year. Of around 1,500 Aboriginal and Torres Strait Islander children aged 0–16 who were reunified with family during 2019–20, 84% did not return to out-of-home care within 12 months (AIHW 2022b; Table S2.2a).

Youth justice supervision and prior contact with the child protection system

During 2020–21, 4,055 Indigenous young people aged 10–17 were under some type of youth justice supervision. Of these, just under two-thirds (64% or 2,600) came into contact with the child protection system during the 5-year period from 2016 to 2021. Young Indigenous females who were under supervision (936) during 2021 were more likely to have come into contact with the child protection system (77% or 718) in this 5-year period than Indigenous males (60% or 1,882) who were under supervision (3,118) (AIHW 2022c).

Comparisons with non-Indigenous Australians

In 2020–21, 31% of substantiated maltreatments were for Indigenous children (14,596 of 47,779 notifications where Indigenous status was known). Considered as a population rate, substantiated maltreatments were 6.9 times as high for Indigenous children as for non-Indigenous children (43.4 compared with 6.3 per 1,000 population) (Table D2.12.3).

At 30 June 2021, 39% of children on care and protection orders were Indigenous (24,174 of 61,674 children, where Indigenous status was known). Population rates of care and protection orders were 10.1 times as high for Indigenous children as for non-Indigenous children (71.5 compared with 7.1 per 1,000 population) (Table D2.12.7).

At 30 June 2021, 42% of children in out-of-home care were Indigenous (19,480 of 46,212 children, where Indigenous status was known). The rate of out-of-home care among Indigenous children was 11.5 times as high as for non-Indigenous children (57.6 compared with 5.0 per 1,000 population) (Table D2.12.12).

Changes over time

Changes over time in substantiated maltreatments, out-of-home care, and care and protection orders are shown in Figure 2.12.4.

Nationally, over the period from 2016–17 to 2020–21, the rate of substantiated maltreatments among Indigenous children aged 0–17 showed no clear trend, ranging from 38.0 per 1,000 in 2018–19 to 43.4 per 1,000 population in 2020–21. There was also no significant change in the rate of substantiated maltreatments for non-Indigenous children, nor in the gap.

Across jurisdictions, there was no statistically significant change in substantiated maltreatments for Indigenous children in any jurisdiction except in South Australia, where rates of Indigenous children who were the subjects of substantiated maltreatments increased from 27.0 to 48.3 per 1,000 population (Table D2.12.5).

This increase may not necessarily reflect an increase in abuse, neglect or harm but could indicate an increase in community awareness, a greater willingness to report suspected cases for investigation or changes to the legislation and definitions (AIC 2005). Increases could also reflect changes in laws, policies or child protection practices (for example, changes relating to mandatory reporting and increased access and availability of services) (SCRGSP 2016).

Nationally, over the period from 30 June 2017 to 30 June 2021, the rate of Indigenous children on care and protection orders increased from 60.1 to 71.5 per 1,000 population. Over the same period the rate for non-Indigenous children increased to a lesser extent, from 6.7 to 7.1 per 1,000 population (Table D2.12.11, Figure 2.12.4). As a result, the gap between Indigenous and non-Indigenous children on care and protection orders increased from a rate difference of 53 to 64 per 1,000 population.

Rates of care and protection orders increased for Indigenous children in most jurisdictions, the exception being the Australian Capital Territory and the Northern Territory, where the rates remained unchanged. Among Indigenous children, the largest relative increase in rates were in South Australia (41%), followed by Victoria (37%) (Table D2.12.11).

Nationally, over the period from 30 June 2017 to 30 June 2021, the rate of out-of-home care among Indigenous children increased from 51.0 to 57.6 per 1,000, while there was no significant change in the rate among non-Indigenous children (Table D2.12.1, Figure 2.12.4). The gap between Indigenous and non-Indigenous children increased from a rate difference of 46 to 53 per 1,000 population.

Over the period 30 June 2017 to 30 June 2021, the number of Indigenous children who were admitted to out-of-home care consistently outnumbered the number who were discharged. Over this period, admission rates among Indigenous children increased from 12.4 to 13.3 per 1,000 population and discharge rates increased from 10.5 per 1,000 to 12.3 per 1,000 (AIHW 2022a).

 

Figure 2.12.4: Children aged 0–17 in different components of the child protection system 30 June 2017 to 30 June 2021

Note: Children who were the subject of a notification of maltreatment do not count as a contact with the child protection system until an investigation is undertaken.

Source: Table D2.12.1. AIHW Child protection Collection 2016–17 to 2020–21.

What do research and evaluations tell us?

The reasons for the overrepresentation of Indigenous Australian children in child protection and out-of-home care systems are complex and include intergenerational effects of previous separations from family and culture and the legacy of past policies of forced removal (AIHW 2019b).

Involvement with the child protection system is not only more likely for Indigenous families, it is also more likely to be repeated (Family Matters 2019). Factors associated with recurrence of child protection notifications in Australia include prior child protection involvement in the household and parental characteristics, including drug use, mental health problems and a history of maltreatment as a child (Jenkins et al. 2017). There is a connection between higher rates of ‘neglect’ and lower socioeconomic status, alcohol and substance abuse and malnutrition or ‘failure to thrive’ (AHRC 2015).

Family violence is often categorised as ‘emotional abuse’. An inquiry in Victoria has found that family violence, in combination with parental alcohol and/or drug abuse, is the leading cause of Indigenous children’s entry into out-of-home care. Of the Indigenous children reviewed, 88% were impacted by family violence and 87% were affected by a parent with alcohol or substance abuse issues (Commission for Children and Young People 2016). This inquiry also found that the child protection system had failed to preserve, promote and develop cultural safety and connection for Indigenous children in out-of-home care.

Research has shown that child abuse can have consequences on subsequent growth and development, including lower self-esteem, diminished life coping skills and self-destructive behaviours. Indigenous Australian young people are 17 times as likely as non-Indigenous youth to have received both child protection services and youth justice supervision (AIHW 2019b).

The first wave of data for the Australian Child Maltreatment Study (ACMS) was released on 3 April 2023. Whilst the results do not provide specific estimates for First Nations Australians, they highlight that child maltreatment is endemic and common across the Australian population (Haslam D et al. 2023). The prevalence of child maltreatment is significantly higher than previous data has suggested, with nearly 2 in 3 (62.2%) Australians experiencing at least one form of child maltreatment: 32% experienced physical abuse as a child, 28.5% experienced sexual abuse, 30.9% experienced emotional abuse, 8.9% experienced childhood neglect, and 39.6% have been exposed to domestic violence as a child.

The ACMS shows that child maltreatment has profound impacts on future mental health outcomes. Nearly half (48%) of those who experienced maltreatment have a mental health disorder, more than double the rate of those who have not experienced maltreatment.

The National Office for Child Safety has commissioned Queensland University of Technology to conduct a scoping study for the second wave of the ACMS to identify a gold standard methodology that will capture prevalence estimates for First Nations people and other priority groups. Queensland University of Technology will work with First Nations stakeholders to co-design a methodology which is culturally and trauma aware.

Implications

Understanding and addressing the underlying causes that lead to children being at risk of child abuse is essential if sustainable change is to occur (SCRGSP 2016) (McIntosh & Phillips 2002). Indigenous Australian children continue to be subject to higher rates of child protection substantiations. The long-term impact of child abuse is difficult to predict, as consideration needs to be given to many factors, including the type and duration of the abuse, family structure and support, and types of intervention. However, there is universal recognition that preventing child abuse as opposed to dealing with it after it has occurred, is optimum.

Moving forward, policy initiatives targeting prevention and early intervention programs to reduce the number of children entering child protection systems should be prioritised. Primary prevention includes initiatives such as universal access to services, and activities and programs with a whole-of-community focus, while early intervention encompasses family support services targeted at families that may be experiencing difficulty in caring for children. Statutory intervention (for children and families where maltreatment has been identified) aims to ensure safety, appropriate care and prevent harm from re-occurring (AHRC 2019; Family Matters 2019).

Maintaining a connection to family, community and culture is particularly important given the historical experiences of Indigenous Australian families. However, evidence shows that there are barriers to maintaining this connection, including a shortage of Indigenous carers and resources to accommodate Indigenous children needing to be placed in out-of-home care (Arney et al. 2015). More support is necessary to strengthen and ensure the successful implementation of the Aboriginal and Torres Strait Islander Child Placement Principle.

All governments agree that all children and young people in Australia have the right to grow up safe, connected and supported in their family, community and culture. They also agree that they have the right to grow up in an environment that enables them to reach their full potential.

The Australian Government, state and territory governments, First Nations representatives and the non-government sector are working together through Safe and Supported: the National Framework for Protecting Australia’s Children 2021–2031 (Safe and Supported) towards the shared goal of making significant and sustained progress in reducing the rate of child abuse and neglect and its intergenerational impacts.

Safe and Supported sets out a 10-year strategy to improve the lives of children, young people and families experiencing disadvantage or who are vulnerable to abuse and neglect. It will drive change through collective effort across governments and sectors that impact the safety and wellbeing of children and young people.

Safe and Supported will focus on delivering real outcomes through better coordination with other programs and supporting families to keep their children and young people safe. It will focus on areas where there is the biggest need to have the greatest impact and avoid duplication.

The first two Action Plans – Safe and Supported: First Action Plan 2023-2026 and Safe and Supported: Aboriginal and Torres Strait Islander First Action Plan 2023-2026 were launched on 31 January 2023.

For the first time, First Nations people have their own specific Action Plan, which sets out actions and activities to address the over-representation of First Nations children in child protection systems. It also responds to the National Agreement on Closing the Gap Target 12 (by 2031, reduce the rate of over-representation of Aboriginal and Torres Strait Islander children in out-of-home care by 45 per cent).

The policy context is at Policies and Strategies.

References

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