Pilbara Child Protection Review: What Organisations Need toKnow About Safeguarding Aboriginal and Torres Strait Islander Children

Pilbara Child Protection Review: What Organisations Need to Know About Safeguarding Aboriginal and Torres Strait Islander Children

The safety and wellbeing of Aboriginal and Torres Strait Islander children must be understood in the context of their rights, culture, family connections and the long-standing impacts of child removal policies in Australia. Historical government practices, including the forced removal of Aboriginal and Torres Strait Islander children from their families, have had lasting consequences for communities, and continue to inform discussions about child protection, cultural identity and self-determination.

Today, organisations working with Aboriginal and Torres Strait Islander children and families must consider not only how to protect children from harm, but also how to provide culturally safe support, respect family and community connections, and ensure children’s voices are heard. These issues are at the centre of a new independent review (Review) announced by the National Commissioner for Aboriginal and Torres Strait Islander Children and Young People (National Commissioner) on 9 October 2026, following serious concerns about the regional child protection system in Western Australia’s Pilbara region. The full announcement and Terms of Reference can be found here.

Background: Child Protection and Aboriginal and Torres Strait Islander Children

Aboriginal and Torres Strait Islander children continue to experience significant challenges within Australia’s child protection system, including over-representation in out-of-home care. Effective child protection must therefore address immediate safety concerns while recognising the importance of family, kinship, community, culture and connection to Country.

The Aboriginal and Torres Strait Islander Child Placement Principle (Principle) was developed to help address these issues. It aims to reduce the over-representation of Aboriginal and Torres Strait Islander children in child protection and out-of-home care, while supporting children to maintain connections with their families, communities and cultures.

The Principle comprises five interconnected elements: Prevention, Partnership, Placement, Participation and Connection. Together, these elements emphasise supporting families before removal becomes necessary, involving Aboriginal and Torres Strait Islander people in decisions, prioritising culturally appropriate placements where out-of-home care is required, listening to children and maintaining cultural connections.

The Principle is particularly important when multiple organisations are involved in a child’s life. Child protection agencies, schools, health services, housing providers, police and community organisations may each hold information about a child’s circumstances. If concerns are not recognised, shared appropriately or responded to in a timely manner, opportunities to provide support and prevent harm may be missed.

The challenge is not simply whether individual organisations have policies in place. It is whether their systems work in practice, whether responsibilities are understood and whether children and families receive the support they need. The Australian Institute of Health and Welfare provides further information about the Child Placement Principle and its five elements.

The Pilbara Child Protection Review: What Has Happened?

On 9 October 2026, National Commissioner Sue-Anne Hunter (Commissioner Hunter) released the Terms of Reference for an independent, targeted review of the regional child protection system in the Pilbara.

The Review follows concerns raised by Pilbara Elders, families, community members, leaders, experts and organisations about the safety and wellbeing of Aboriginal and Torres Strait Islander children. It will examine whether children and families are receiving timely, coordinated support and whether agencies are meeting their responsibilities to uphold children’s rights.

Two matters have brought particular attention to the region.

The deaths of three children in 2022

In 2022, three Aboriginal children in Port Hedland died after being killed by their mother. Their grandmother, Dorothy Papertalk, has been seeking an inquest to examine why her reported warnings to authorities did not result in the children being removed from danger.

In October 2026, further information about the Western Australian Ombudsman’s review of the deaths was reported publicly, renewing questions about how agencies respond to repeated concerns and whether warning signs are appropriately assessed and escalated.

These circumstances raise difficult questions about the way child protection systems identify risks, respond to information from families and coordinate their responses. They also demonstrate why concerns must be considered carefully and in context, rather than treated as isolated events.

Reports concerning a property in South Hedland

In September 2026, reports emerged about a state government-owned property on Frisby Court in South Hedland, where children were allegedly being left unsupervised for extended periods and living in poor conditions.

According to the reports, complaints about the property had been received over several months. The circumstances prompted further public concern about the responses of relevant authorities and contributed to the National Commissioner’s visit to the region.

The allegations concerning the property should be distinguished from the findings of the Review. The Review is not an investigation into individual families, workers or complaints. Instead, it will examine the broader systems, practices and arrangements that affect the safety and wellbeing of children.

What Will the Review Examine?

The Review will consider whether the regional child protection system is effectively supporting Aboriginal and Torres Strait Islander children and families. Its scope includes:

• Agency coordination: Whether child protection, health, education, housing, police, justice and other services work together effectively.
• Early intervention: Whether children and families receive appropriate support before circumstances reach crisis point.
• Policies and practice: Whether laws, policies, procedures and frontline practices adequately uphold children’s rights.
• Workforce and funding: Whether services have the resources, skills and workforce capacity required to respond effectively.
• Cultural safety and Aboriginal authority: Whether Aboriginal Elders, families and communities have meaningful involvement in decisions affecting children.
• Children’s participation: Whether children’s views are heard, considered and taken seriously.
• Oversight and accountability: Whether reporting arrangements, data and oversight mechanisms identify unmet needs and drive improvements.

The Review will also examine whether all five elements of the Principle are being implemented through active efforts.

Commissioner Hunter has emphasised that children and families should not have to reach crisis point before governments meet their responsibilities. The Review will be informed by the experiences and views of children, families and communities, with findings and recommendations to be published.

Public submissions are expected to open in the coming weeks, with guidance on preparing and lodging submissions to be released alongside the commencement date.

The Review will be conducted under section 17 of the National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026 (Act). Its focus is systemic improvement, rather than determining the outcome of individual cases or complaints.

What Laws and Standards Apply?

The Review does not create a new, universal set of legal obligations for every organisation working with Aboriginal and Torres Strait Islander people. However, it draws attention to existing laws, principles and safeguarding frameworks that organisations should understand when delivering services to children and families.

National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026

The Act commenced on 1 July 2026. It establishes the statutory framework for the National Commissioner and the National Commission.

The Act provides for the National Commissioner to examine systemic issues affecting Aboriginal and Torres Strait Islander children and young people, undertake research, make recommendations and promote greater coordination and accountability.

Section 17 provides the basis for the National Commissioner to conduct inquiries into matters affecting the rights, interests, development, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people.

The Act also recognises the importance of protecting and promoting children’s cultural identity and development through maintaining and building connections with family and community.

Although the Review is directed at systemic issues, its findings may inform broader discussions about service delivery, accountability and the effectiveness of safeguarding arrangements.

For organisations, the Act should not be interpreted as automatically imposing every obligation on private businesses and not-for-profit organisations. Its direct statutory functions and powers must be distinguished from the separate legal obligations that apply to individual service providers under relevant Commonwealth, state and territory laws.

The Aboriginal and Torres Strait Islander Child Placement Principle

The Principle is an important framework for child protection decision-making. Its five elements, Prevention, Partnership, Placement, Participation and Connection, recognise that children’s safety must be considered alongside their rights to family, culture and community.

The Principle is reflected in child protection laws, policies and practices across Australian jurisdictions, although the specific legal requirements and implementation arrangements differ.

The Review will consider whether the Principle is being implemented through active efforts. In this context, active efforts require more than simply acknowledging cultural considerations. They involve meaningful and practical steps to support children and families, engage Aboriginal and Torres Strait Islander people in decisions and maintain cultural connections.

For organisations, providers delivering child protection, family support, foster care, residential care or related services should understand the requirements that apply to their work. Depending on their role and jurisdiction, this may include involving Aboriginal community-controlled organisations, supporting family participation and ensuring decisions consider children’s cultural identity and connections.

The Principle should not be treated as a blanket statutory requirement. Organisations must identify the specific legislation, contractual conditions and practice requirements relevant to their services.

The National Principles for Child Safe Organisations

The National Principles for Child Safe Organisations (National Principles) provide a framework for establishing cultures, policies and practices that promote children’s safety and wellbeing. They were developed following the Royal Commission into Institutional Responses to Child Sexual Abuse and have been endorsed by governments across Australia.

The ten National Principles address organisational leadership, children’s participation, family and community involvement, equity, suitable and supported workers, child-focused complaints processes, training, safe environments, continuous improvement, and documented policies and procedures.

These National Principles are relevant to organisations that work with children, including charities, schools, childcare providers, sports organisations, disability service providers and community organisations.

For organisations, the National Principles provide a practical starting point for reviewing whether safeguarding arrangements are embedded in everyday operations. This includes assessing whether children can raise concerns safely, whether staff know how to respond and whether complaints and incidents lead to appropriate action.

State and territory child protection and reporting laws

Organisations must also consider the specific laws applying to their operations. Depending on the jurisdiction and service provided, these may include child protection legislation, mandatory reporting requirements, reportable conduct schemes, Working with Children Check requirements, disability safeguarding obligations and sector-specific regulatory standards.

The obligations vary between states and territories across Australia. A requirement applying to a government agency or a particular category of child-related service may not apply in the same way to a private business or a non-profit provider.

Organisations should therefore identify which reporting, screening, incident management and oversight requirements apply to their staff, volunteers, contractors and services.

Safeguarding policies cannot replace compliance with applicable legislation. Equally, meeting a minimum legal requirement does not necessarily mean an organisation has addressed every practical risk to children.

What Does This Mean for Organisations?

Although the Review focuses on government agencies and services in one region, its examination of coordination, early intervention and accountability offers important considerations for other organisations working with Aboriginal and Torres Strait Islander children and families.

This includes Aboriginal community-controlled organisations, not-for-profit charities, childcare providers, schools, disability service providers, residential care operators, health services and private businesses delivering services to children or families.

Organisations do not need to wait for the Review’s final recommendations to examine whether their own safeguarding systems are effective.

1. Review whether safeguarding policies work in practice

Organisations should assess whether their child safety policies, procedures and codes of conduct reflect their actual operations and the risks associated with their services.

A policy may describe the correct process for responding to concerns, but staff must also understand their responsibilities and know what action to take. Organisations should consider whether procedures are accessible, regularly reviewed and consistently implemented.

For organisations working with Aboriginal and Torres Strait Islander children, this Review should also consider cultural safety, family and community involvement, and the risk of systems that overlook the child’s cultural context.

2. Strengthen complaint handling and escalation procedures

Concerns about a child’s safety may emerge through staff observations, family complaints, disclosures, incident reports or information received from another service.

Organisations should have clear processes for documenting concerns, assessing risks, escalating serious issues and making any required external reports. Staff should understand who is responsible for each step and what to do if an initial response does not adequately address the risk.

Repeated complaints or patterns of concerning behaviour should be considered carefully. A concern should not be dismissed simply because it has been raised before or because earlier action did not resolve the issue.

3. Build culturally safe safeguarding practices

Cultural safety should be incorporated into the way an organisation delivers services, makes decisions and responds to concerns.

This may involve engaging appropriately with Aboriginal and Torres Strait Islander families and community-controlled organisations, respecting cultural identity and kinship connections, and ensuring children can express their views in ways that are appropriate to their needs and circumstances.

Organisations should avoid assuming that a single approach will be appropriate for every family or community. Meaningful engagement requires listening, understanding local contexts and respecting the knowledge and authority of Aboriginal and Torres Strait Islander people.

Cultural safety must also be considered alongside the child’s immediate safety. It should support effective protective action, not delay necessary responses to a risk of harm.

4. Improve coordination with other services

Where several organisations are involved with a child or family, responsibilities can become fragmented. One service may hold information that another needs to assess a risk, while staff may be uncertain about who should take the next step.

Organisations should establish clear referral pathways, understand the limits of their own responsibilities and know when to involve other services or authorities. Information must be shared lawfully and appropriately, with due regard to privacy, consent and child protection requirements.

For service providers operating under government contracts or in regional communities, it is particularly important to understand how their work fits within the wider support system.

5. Equip staff and leaders to recognise and respond to risk

Effective safeguarding requires more than induction training. Staff, volunteers, managers and board members need to understand the risks relevant to their roles and the actions expected of them.

Training should cover identifying indicators of harm, responding to disclosures, documenting concerns, handling complaints, reporting obligations and escalating incidents. Leaders should also understand their governance responsibilities and how to identify gaps in organisational practice.
 
Organisations should periodically assess whether staff can apply their training in realistic situations, rather than relying solely on attendance records or policy acknowledgements.

6. Examine whether the organisation learns from incidents

When an incident occurs, an organisation should consider not only what happened but also whether its systems contributed to the risk or failed to prevent harm.

Depending on the circumstances, this may involve reviewing supervision arrangements, recruitment and screening practices, staff training, complaint handling, record-keeping and decision-making processes.

Independent investigations, critical incident reviews and safeguarding audits can help identify underlying concerns and recommend improvements. Any review should be conducted fairly, with appropriate protections for affected children and families, and without interfering with external investigations or legal proceedings.

The Review is a reminder that child safety depends on more than written policies or formal reporting arrangements. Organisations need systems that help people recognise concerns, take appropriate action, work with others where necessary and learn from incidents.

How Can Safe Space Legal Help?

Safe Space Legal supports organisations across Australia to strengthen their safeguarding frameworks, understand their legal obligations and respond appropriately when concerns arise.

Safe Space Legal can help organisations assess whether their safeguarding frameworks are fit for purpose, identify gaps and strengthen policies and procedures to protect children and young people. Our services include:

• Drafting legally sound policies, procedures, and codes of conduct;
• Providing policy audits and developing safeguarding policies, procedures, and complaint handing processes;
• Providing root cause analysis to identify gaps in policy and/or practice which put organisations at risk of non compliance with their sector-specific obligations;
• Conducting safeguarding investigations which are compliant with relevant state and territory legislation and regulations;
• Delivering tailored safeguarding training to ensure organisations are aware of their sector-specific requirements and obligations;
• Ensuring that complaints handling and reporting processes are compliant with legal obligations; and
• Provide sound legal advice on risk mitigation.

Contact office@safespacelegal.com.au or call (03) 9124 7321 to organise a complementary discussion in relation to your organisation’s safeguarding needs.