Coalition urges independent commission to oversee NSW child protection

A coalition of First Nations, legal and social service groups is urging NSW to establish an independent Child Safety and Wellbeing Commission to strengthen oversight of child protection, citing systemic failings and a lack of trusted accountability.

The appeal follows repeated findings of systemic failings and gaps in accountability.

Key Points

The coalition says an independent Child Safety and Wellbeing Commission would provide singular, dedicated oversight and standard setting across child protection services in NSW. According to the organisations, the model would improve children’s safety and wellbeing while reducing complexity, duplication and cost within the system.

Proponents argue the Commission should offer a trusted, independent avenue for complaints and concerns, replacing reliance on internal processes through the NSW Department of Communities and Justice (DCJ). They point to families’ reluctance to raise issues internally because of fear of repercussions, a problem highlighted in a 2024 NSW Ombudsman review.

Improved safety, stability and outcomes

The proposed body would bring transparency through monitoring and public reporting on performance, empowering families, setting and enforcing standards, handling complaints, reviewing care orders, investigating systemic issues and recommending policy and practice improvements.

The coalition says success should be measured by improved safety, stability and outcomes for children, stronger support for families and increased transparency and public confidence.

“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,” AbSec CEO John Leha said.

“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.”

Oversight gaps and policy context

Supporters of the reform point to “countless reports and inquiries” that have identified systemic failings in child protection and confirmed that existing accountability mechanisms are inadequate, uncoordinated and beset by gaps. They also emphasise a lack of trusted complaints pathways under current arrangements.

The push has been sharpened by the release of the NSW Out-of-Home-Care Strategy, which sets the long-term direction of the Government’s out of home care (OOHC) program. The Strategy signals a reformed approach with government taking a more prominent “system steward” role and expanding its role in delivering services.

According to the coalition, the Strategy does not include independent accountability and oversight of increasingly government-led service delivery. They add that the shift toward a greater government role is not confined to OOHC and extends across the broader child protection system.

Sector leaders have framed the proposed Commission as a mechanism to provide safe pathways for complaints, clarity on roles and responsibilities, and the powers required to monitor performance and drive improvement. They emphasise that strong alignment with existing oversight bodies and sustainable funding will be critical to effectiveness.

Sector voices and next steps

Leaders from across the child and family sector have endorsed the call, stressing transparency, accountability and the best interests of the child. CREATE Foundation CEO Imogen Edeson said transparency around decision-making is limited and that an independent Commission would maintain focus on acting in the best interests of the children whose lives are shaped by the system.

Association of Children’s Welfare Agencies (ACWA) CEO Simone Czech supported the intent to strengthen independent oversight and described a Commission as a constructive step. She said its effectiveness would depend on design in practice, including clear roles and responsibilities across the system, strong alignment with existing oversight bodies and the powers to monitor performance, respond to complaints and drive improvement. She added that any new model must be backed by sustainable funding and a continued focus on improved outcomes for children and families.

Early support to help families

NSW Council of Social Services (NCOSS) CEO Cara Varian said independent scrutiny and accountability are required to turn policy into protection and to give families and the community confidence that children are safe, supported and seen.

FAMS CEO Susan Watson said a Commission would provide oversight to ensure a system that works for NSW children and families rather than against them, and highlighted the importance of early support to help families stay safely together.

“Government intervention in the lives of children and families can be traumatic and deeply harmful,” Justice and Equity Centre CEO Jonathon Hunyor said.

“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.”

Independent Commissioner

Aboriginal Legal Service (NSW/ACT) Acting CEO Sharif Deen said an independent Commission is urgently needed to promote the rights of children and families and should be designed and delivered in partnership with Aboriginal communities, in line with the NSW Government’s commitments under Closing the Gap.

The coalition also proposes that a Child Safety and Wellbeing Commission in NSW be complemented by an independent Commissioner for Aboriginal and Torres Strait Islander Children and Young People.

They note that national and ACT Commissioners with this remit have already been appointed. A NSW Commissioner, they argue, would provide accountability for all government systems affecting Aboriginal and Torres Strait Islander children and young people, including health, housing, education and justice.

Alliance membership

• 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)
• Justice and Equity Centre