SYDNEY - Child welfare authorities in New South Wales will be able under a new law to forcibly take babies from their parents at birth if the parents have a history of abusing their children.
The legislation was introduced into the state Parliament yesterday and was immediately criticised by legal
and child welfare bodies as a breach of civil liberties that eroded the presumption of innocence.
Nine children died in New South Wales last year after siblings were removed from dangerous homes, Community Services Minister Reba Meagher said before tabling the legislation.
She said "parents who are considered suspicious people in the death of a child" would have later children removed at birth.
"The burden of proof will be on the parents to demonstrate that the risk of harm has been removed," she told local radio.
Parents of abused children would need to prove they had successfully undertaken drug and alcohol, anger-management or better-parenting programmes.
Ms Meagher said the law, when passed, would be an Australian first and she believed a world first.
The New South Wales Law Society said it would set a dangerous precedent.
"It shifts the onus of proof and removes the presumption of innocence and that is what causes us concern," said president June McPhee.
Andrew McCallum from the Association of Child Welfare Agencies said he understood the need to act quickly when children might be at risk but the law would erode civil liberties.
"It is a monumental leap to change the burden of proof, which is something that doesn't occur in other legal jurisdictions."
- REUTERS
