The Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023 ("the Act") received Royal Assent on 27 June 2023. This legislation aims to address the over-representation of Aboriginal children in care in Victoria by expanding the role of Aboriginal agencies in delivering children and family services.
The Act brings amendments to various Acts, including the Children, Youth and Families Act 2005 (CYFA). Notable changes within the CYFA include the introduction of an Aboriginal Statement of Recognition and recognition principles that pertain to child protection decision-making for Aboriginal children. Additionally, the Act incorporates additional Aboriginal child placement principles and introduces amendments to section 18, which concerns authorisations of principal officers of Aboriginal agencies.
Furthermore, the Act enables the establishment of Rules of Court to empower Children's Court judicial registrars to issue emergency care search warrants. It also grants Children's Court judicial registrars the authority to recall and cancel warrants they issue and exercise the powers of a Children's Court registrar.