First Nations, legal, child welfare and social service organisations are calling for a new independent Child Safety and Wellbeing Commission to strengthen protection and support for all children and families interacting with the NSW child protection system.
Countless reports and inquiries have highlighted systemic failings in the child protection system and confirmed existing accountability mechanisms are inadequate, uncoordinated and beset by gaps. An independent Child Safety and Wellbeing Commission offers singular dedicated oversight and standard setting for child protection services, improving children’s safety and wellbeing while reducing complexity, duplication and cost.
A Commission can also provide a trusted, independent avenue for complaints and concerns for people who interact with the child protection system. The current internal process through the NSW Department of Communities and Justice (DCJ) means families and communities are reluctant to raise concerns through existing internal processes due to fear of repercussions. As a result, they do not raise concerns. This was highlighted in a 2024 NSW Ombudsman review. An independent Commission would provide a safe, trusted pathway to raise concerns without risk.
The Commission will bring transparency and substantial improvement to the NSW child protection system through its role in monitoring and reporting on performance, empowering families, setting and enforcing standards, handling complaints, reviewing care orders, investigating systemic issues, and recommending policy and practice improvements.
Success will be measured by improved safety, stability and outcomes for children, stronger support for families, and increased transparency and public confidence in the system.
The call for a Commission has been strengthened by the release of the NSW Out-of-Home-Care Strategy, which set the long-term direction of the NSW Government’s out of home care (OOHC) program. The Strategy signalled a reformed approach to OOHC, with government taking a more prominent ‘system steward’ role and expanding their role in delivering services. The Strategy does not include independent accountability and oversight of increasingly government-led service delivery.
The shift to an increased role for government has been seen not only in OOHC but extends to the child protection system more broadly.
A Child and Safety Wellbeing Commission in NSW could be complemented by an independent Commissioner for Aboriginal and Torres Strait Islander Children and Young People. National and ACT Commissioners with this remit have already been appointed. A NSW Commissioner would provide accountability for all government systems affecting Aboriginal and Torres Strait Islander children and young people, including health, housing, education and justice.
We are calling on the NSW Government to commit to the establishment of an independent Child Safety and Wellbeing Commission and to begin consultation with the sector, including Aboriginal communities, on its design and implementation.
AbSec CEO John Leha says:
“NSW continues to record the highest rates of Aboriginal and Torres Strait Islander children and young people across all parts of the child protection and out-of-home care system, with the worst and declining rates of reuniting children with their families in the country.. A Commission can help keep First Nations children with their families and communities. It can be a trusted place to raise concerns, independent of the government agencies that have the power to remove children.”
CREATE Foundation CEO Imogen Edeson says:
“There is limited transparency around how and why decisions are made and whether the system harms or helps. A Commission will keep the focus on pushing every part of the child protection system to act in the best interests of the children whose lives it shapes.”
Association of Children’s Welfare Agencies (ACWA) CEO Simone Czech says:
“We support the intent to strengthen independent oversight and see a Commission as a constructive step. Its effectiveness will be shaped by how it is designed in practice, including clear roles and responsibilities across the system, strong alignment with existing oversight bodies, and the right powers to monitor performance, respond to complaints and drive improvement. It will also be important that any new model is backed by sustainable funding and a continued focus on improved outcomes for children and families.”
NSW Council of Social Services (NCOSS) CEO Cara Varian says:
“Good intentions are not enough. A Child Safety and Wellbeing Commission would provide the independent scrutiny and accountability required to turn policy into protection. By ensuring every decision genuinely supports a child’s long-term future, we can give families and the community the confidence they deserve. That our most vulnerable children are safe, supported, and seen.”
FAMS CEO Susan Watson says:
“A commission will provide oversight to ensure a system that works for NSW children and families rather than against them. We know early support can help families stay safely together. Every decision must be in the best interests of the child.”
Aboriginal Legal Service (NSW/ACT) Acting CEO Sharif Deen says:
“An independent Child Safety and Wellbeing Commission is urgently needed to provide independent oversight and promote the rights of children and families, as part of ongoing efforts to transform the system. This reform must be designed and delivered in partnership with Aboriginal communities, in keeping with the NSW Government’s commitments under Closing the Gap.”
Justice and Equity Centre CEO Jonathon Hunyor says:
“Government intervention in the lives of children and families can be traumatic and deeply harmful. And when government holds both the power in the system and oversight of the system, child safety and family rights are at risk. That’s why comprehensive, independent oversight is so crucial.”
Read our factsheet on the need for a NSW Child Safety and Wellbeing Commission.
This media release is issued by a coalition of organisations committed to strengthening independent oversight of the NSW child protection system. Alliance members are: AbSec – NSW Child, Family and Community Peak Aboriginal Corporation; CREATE Foundation; Association of Children’s Welfare Agencies (ACWA); NSW Council of Social Services (NCOSS); FAMS; Aboriginal Legal Service (NSW/ACT); and Justice and Equity Centre.
For media opportunities, please contact Kristjan Porm, Communications and Memberships Manager, at [email protected] or on 0402 158 726
