The New South Wales government says it will review a case, the subject of ongoing court proceedings, in which Anglicare Sydney refused to assess the Aboriginal aunt of an Aboriginal baby as a long-term carer because she was in a same-sex relationship.
A court has heard Anglicare Sydney, with the knowledge of the NSW Department of Communities and Justice (DCJ), sought to have the baby adopted to a non-Indigenous couple.
The nine-month-old, who cannot be identified for legal reasons and is known to the court by the pseudonym Daisy, has complex needs. Daisy’s mother, known by the pseudonym Paula, struggled with addiction and an acquired brain injury and entered a voluntary agreement with Anglicare Sydney when Daisy was four days old.
Paula said in September she was happy for the baby to remain with the non-Indigenous “authorised pre-adoptive carers” but expressed concern they were not Aboriginal and suggested her cousin as an appropriate long-term carer.
But the court heard DCJ recommended to the court that the baby stay with the carers “with a view to adoption in the future”, while a DCJ caseworker said Anglicare Sydney did not even assess the cousin and would not assess the aunt because she was in a same-sex relationship.
The children’s court magistrate, Tracy Sheedy, said she was “alarmed” and “disturbed” by the conduct of Anglicare Sydney and DCJ.
A spokesperson for DCJ said the case would be reviewed.
“Child protection cases are often complex and complicated, and simple solutions are hard to find. The NSW Government always expects decisions to be made in the best interests of children,” the spokesperson said.
“The Minister for Families and Communities has asked for a review of this case to better understand how the Aboriginal child could have been supported to remain with family.”
Aboriginal family advocates have called for an urgent cultural audit of the organisations that NSW subsidises to provide out-of-home care.
AbSec, the peak group for Aboriginal children and families, said it was “appalled but not at all surprised” by the case.
The chief executive, John Leha, said AbSec had received a number of calls from Aboriginal LGBTQI+ people who say they have been excluded by organisations as potential carers.
“They have been prevented from being part of the community collective that provides culturally safe and responsive care to our children. We are almost a quarter of the way into the 21st century; the idea that a same-sex attracted person cannot provide loving care for a child is so ridiculously outdated,” Leha said.
“This case is part of a wider issue, in which a number of faith-based out-of-home care providers are reluctant to transition case management responsibilities for Aboriginal children and young people to Aboriginal community-controlled organisations.”
The Public Interest Advocacy Centre (Piac) described the case as a “shocking example of legalised homophobia”.
The NSW anti-discrimination act provides exceptions to allow faith-based foster care and adoption agencies to “conform to the doctrines of their religion”, which can include refusing same-sex couples, Piac said.
“The fact that, in 2024, religious adoption and foster care services have special legal privileges to discriminate against same-sex couples is a shameful reminder of the urgent need for reform,” said Alastair Lawrie, Piac’s director of policy.
“Children should be placed with the best and most appropriate carers. The sexual orientation and/or gender identity of carers is irrelevant to that decision.”
Lawrie said the state’s attorney general, Michael Daley, has asked the NSW Law Reform Commission to review the Anti-Discrimination Act. But the Minns government “must make a clear public commitment to bring these laws in line with contemporary community standards”.
The Aboriginal Legal Service NSW/ACT said it could not comment on the specifics of the case. But its chief executive, Karly Warner, said the Aboriginal child placement principles must always be applied.
“For Aboriginal children, culture and community are sources of strength. Taking their place as proud members of the world’s longest surviving cultures is their birthright, but we are still seeing this snatched away at inexcusable rates by workers who are rarely accountable to the families they destroy,” Warner said.
The principles outlined in the NSW care and protection act say that wherever possible and safe, Aboriginal children and young people should be placed within their biological family, extended family, local Aboriginal community or wider Aboriginal community.
“Every single person making decisions about the wellbeing of our kids should know the principles and apply them on a daily basis,” Warner said.
A spokesperson for Anglicare Sydney said on Tuesday it would be inappropriate to comment on an active court case. The matter returns to court in March for further evidence to be filed and for submissions.
“Anglicare Sydney is a Christian Not-For Profit that serves in accordance with the doctrines of the Anglican Diocese of Sydney, which believe the best interests of the child are best served by giving access to both mothering and fathering, wherever possible,” the spokesperson said.
