ࡱ> @ ]Xbjbj i|uuOr     $0444Ph444T0>q245(5(5(5666ppppppp$prRthp ?66??p  (5(5pVBVBVB? (5 (5pVB?pVBVBnD  p(54 0I4@o&p4q0>qo&*u|A*uLp00    *u px68VBa:t;666pp00Dt!:B00t! SUBMISSION TO THE HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION DISCUSSION PAPER STRIKING THE BALANCE: WOMEN, MEN, WORK AND FAMILY November 2005 NSW Commission for 鱨վ and Young People Level 2, 407 Elizabeth Street Surry Hills NSW 2010 Contact: Anne Marie Dwyer, Manager, Policy Phone: (02) 9286 7205 Fax: (02) 9286 7267 Email:  HYPERLINK "mailto:kids@kids.nsw.gov.au" kids@kids.nsw.gov.au SUBMISSION BY THE NSW COMMISSION FOR CHILDREN AND YOUNG PEOPLE TO THE HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION DISCUSSION PAPER Striking the Balance: Women, men, work and family NOVEMBER 2005 1. The Commission for 鱨վ and Young People The NSW Commission for 鱨վ and Young People (the Commission) promotes the safety, welfare and well-being of children and young people in NSW. The Commission was established by the Commission for 鱨վ and Young People Act 1998 (NSW) (the Act). Section 10 of the Commissions Act lays down three statutory principles which govern the work of the Commission: the safety, welfare and well-being of children are the paramount considerations the views of children are to be given serious consideration and taken into account, and a co-operative relationship between children and their families and community is important to the safety, welfare and well-being of children. Section 12 of the Commissions Act requires the Commission to give priority to the interests and needs of vulnerable children. 鱨վ are defined in the Act as all people under the age of 18 years. Section 11(d) of the Act provides that one of the principal functions of the Commission is to make recommendations to government and non-government agencies on legislation, policies, practices and services affecting children. 2. General Comments 2.1 The Commission is pleased to make a submission to the Human Rights and Equal Opportunity discussion paper Striking the Balance: Women, men, work and family. 2.2 The Commissions submission focuses on the effects of parents paid work and family responsibilities on children. 3. IMPORTANCE OF FAMILY TO children 3.1 鱨վ and young people often tell the Commission that their families, and the relationships they have with their families, are the most important thing in their lives (NSW Commission for 鱨վ and Young People, 2002). 3.2 For children and young people, their family and home provide a connection to the world and their community. If this is stable, children and young people are likely to be happy and healthy and have a better chance of being happier as they grow older. 3.3 鱨վ and young people of all ages have told the Commission that families are important in providing a range of needs, including love, support, protection, physical needs, a sense of belonging, as well as helping them to learn about life. 4. EFFECTS OF PARENTS PAID WORK ON CHILDREN 4.1 Today many children and young people are living in families where both parents, or the sole parent, work. Those parents in full-time employment are likely to be working longer hours than in previous generations. As more women take on part-time and casual work this has also meant that the total amount of paid and unpaid work has significantly increased for many families. As one young person told the Commission: .. everyone is so busy and trying to make money and trying to get on top of things, that they have no time for their kids. Relatively little research has been done on the impact of parents paid work, or increasing paid work pressures, on children and young people. In particular, there is little research on the views of children and young people regarding their parents working lives. 鱨վ value their parents paid work From the research that exists, we know that most children and young people value their parents jobs and understand them as a necessity. For children and young people, the security of their parents paid work is comforting and beneficial to their well-being. For example, in Barbara Pococks (2005) recent study on young peoples perspectives of their parents work, young people in low income areas mentioned money pressures as a reason why they would prefer more money over time with their parents. Access to reasonably paid work allows parents to better provide for their childrens needs, both emotionally and physically. 鱨վ are more likely to experience poverty when their parents do not have paid work (McClelland, 2000). Research has also indicated that children have a greater likelihood of mental health problems if they live in low-income families or families in which one or both parents are unemployed (Al-Yaman et al, 2002). 鱨վ benefit from spending time with their parents 4.4.1 While parents may be meeting their families financial needs through paid work, it is harder for parents working long hours to meet their childrens emotional needs. As young people have told the Commission, it is important that: Parents (are) able to balance work and family. In Pococks (2005) study almost half of the young people interviewed said they would prefer more time with their parents over more income and less time. It is also notable that while young people may see plenty of one parent, this did not stop them wanting to spend time with their other parent, who typically worked long hours. Where parents participation in paid work means that they are unable to spend time caring for their children this can have an effect on childrens wellbeing, including their nutrition, socialisation and education (Galinsky, 1999). In regard to childrens education, parents are often childrens first educators and the time parents spend with their children in the early years lays the foundation for later learning. Parents involvement in childrens schooling is also important to contributing to childrens wellbeing. A number of studies have found that family involvement and effective communication between educators and families benefits students learning (Ofsted, 2003). Where parents are unable to participate in their childs schooling due to paid work commitments, children inevitably suffer. 鱨վ and young people the Commission has spoken with identified their parents involvement in their school life and other activities as important to them (NSW Commission for 鱨վ and Young People, 2002). 鱨վ and young people want their parents to have time to take part in their activities and interests, such as watching them play soccer or helping them with school projects. 4.5 Importance of kids relationships with parents During consultations for the Commissions Inquiry into the Best Means of Assisting 鱨վ and Young People With No One to turn To (2002), children and young people told us that they are most likely to turn first to family members when they are having difficulties or need assistance. However, the Inquiry also showed that children and young people are somewhat critical of their parents if they are not available enough, even if they understand why this is so. As one young women told us: Im in a single-parent family with just my Mum. And she works a lot. Sometimes she just hasnt got time to talk. So youve got to find someone else. Its not her fault, she probably really wants to help but shes so busy trying to be three people in one that youve got somewhere else or wait til a better time (Girl, 15 years, Grafton) 4.5.3 Because children and young people are largely dependent on the adults around them, they are vulnerable when those adults are affected by difficulties and stresses in their own lives or by larger economic forces. 4.5.4 In Pococks (2005) study, the important issue for young people was not so much whether parents worked or not, but what they were like when they were at home. As Pocock states: 鱨վ not only observe their parents colour, but many are affected by it themselves and feel its effects through yelling, arguments and household tension. 4.5.5. When children experience tension like this, it is likely they will react by withdrawing from their parents, losing the support and relationship they so need with their parents. As one young woman told the Commission during consultations for the Inquiry: I dont really talk to my Dad because he goes away for work all week, everyday, and the only day hes really at home are Saturday and sometimes Sunday. (Girl, 11 years, Broken Hill) 5. PROVIDING FLEXIBLE WORK OPTIONS FOR PARENTS 5.1 In order to provide children and young people with the time and support they need from their parents, it is essential that workplaces provide flexible and supportive options for working parents. 5.2 Parental leave 5.2.1 Evidence shows that as well as improving womens participation in the paid workforce, paid parental leave enhances childrens well-being and raises the quality of relationships between mother and child (Ruhm, 2004). 5.2.2 Recent Australian research on childrens cortisol levels also shows that attending a child care centre, and being separated from parents, is a significant stress trigger for many young children (Sims et al, 2005). Many children who attend poor quality chid care for extended periods are found to be more aggressive and non-compliant, have more behaviour problems at school and difficulties with social skills (Sims et al, 2005). 5.2.3 The Commission is concerned at the lack of availability of paid paternity leave and the failure of the Australian Government to introduce a paid parental leave scheme. The Maternity Payment, while assisting families to meet the initial costs of having a child, does not entitle women to leave and therefore they are at risk of being coerced back to paid work soon after birth, leaving children to be placed in child care or some other care arrangement. 5.2.4 In order to provide the best start in life for children, the Commission supports the establishment of a national paid parental leave scheme, funded and administered by the Federal Government. A minimum paid parental leave period of 14 weeks is recommended by the International Labour Organisations Maternity Protection Convention (ILO 183). However, this seems to be an arbitrary period, without reference to any evidence that it is beneficial to children or parents. 5.2.5 The Commission therefore suggests that the appropriate period of minimum parental leave should be based on up to date evidence of what benefits children. The experiences of flexible workplace policies in countries such as Norway and the UK can provide some assistance. We also consider it essential that government policy in this area adjusts as new evidence on child development becomes available. 5.2.6 The Commission is also supportive of flexible approaches to parental leave. For example, the UK Governments Choice and Flexibility consultation document introduced in February 2005, proposes right for mothers to transfer a proportion of their maternity leave and pay to their partner in the first year of their childs life. While in Norway, legislation gives parents of children under the age of three a subsidy which they can choose to use to pay for child care or take as a home-care allowance to provide care themselves for their children. 5.3 Flexible work arrangements 5.3.1 The Commission agrees with HREOC that paid paternity leave alone is not enough to provide for balanced paid work and family responsibilities. Such leave should be accompanied by other measures to assist families throughout their childrens lives. 5.3.2 In order to care for their families, some parents may need flexible working arrangements in the workplace. The standard working hours of 9am 5pm may not accommodate the lives of children and young people, who may need to be dropped off and picked up from school and who want to spend time with their parents. 5.3.3 Some examples of flexible arrangements that can assist parents in fulfilling their family responsibilities include, a variation in hours and times of work to allow employees to care and support their family, job sharing, making unpaid leave available so that employees can support their families and allowing employees to work from home. 5.3.4 It is the Commissions view that an ad hoc approach will not provide an equitable distribution of workplace flexibility in the form of family leave provisions. Flexible work arrangements are likely to be available only to those with higher earnings, professionals and employees in the public sector. Having a workplace policy is often not enough to guarantee such entitlements as it continues to remain at the discretion of the employer. 5.3.5 The Commission is also concerned that the Australian Governments WorkChoices may provide much less in the way of safeguards for parents to allow them to plan and control their working lives, to the detriment of children. With the introduction of the Welfare to Work changes, parents currently on a pension or parenting payment may be pressured to accept work where pay and conditions make their parenting role more difficult. While the only minimum requirement under WorkChoices in relation to hours of work is the requirement for a maximum number of weekly hours. Lack of bargaining power may force parents to accept Australian Workplace Agreements where they have little control over days worked, shifts worked, minimum or maximum hours per day, or weekend work. 5.3.6 Having standard working hours can provide stability to allow working parents to plan their child care arrangements in advance. When employers demand that employees work flexible hours outside 9am 5pm difficulties can arise for working parents. In addition to essentially undertaking unpaid overtime, parents are often forced to find child care at short notice. 5.3.7 In order to make family leave provisions available to all working parents, the Commission suggests that such provisions be contained in legislation. Experiences in other countries, such as the UK, and with Australias own anti-discrimination legislation have shown that legislation is a significant driver of cultural change within the workplace. 6. SUPPORTING FAMIILES 6.1 In addition to providing flexible workplaces to assist families, families also need economic and social support to better balance their paid work and family responsibilities. 6.2 The Commission is concerned that the current Australian Government policy appears to focus on supporting the choice of one parent, typically the mother, to remain outside the workforce while children are of pre-school age through the provision of Family Tax Benefit Part B. This policy does not support a paid work and family balance and impacts unfairly on single parent families. 6.3 In addition, the complex system of family benefits and tax rates makes family, workforce participation and financial planning difficult for many families. The system needs to be simplified so that families are able to make better informed decisions about their participation in paid work. 6.4 In order to better assist families, the Commission suggests that Australias tax and welfare benefit system should aim to treat all family types and choices equally. For example, amending the entitlements to Family Tax Benefit Part B so that it is based on family income, rather than that of the lower income earner, to encourage greater engagement by both partners as carers by better supporting families with two incomes. 6.5 Child care 6.5.1 It is the Commissions view that access to affordable, quality child care, both long day care and after school care, is fundamental to families in achieving a balance between paid work and family responsibilities. Where child care services are unavailable, one parent, who may be the only parent, must assume responsibility for the care of children, forcing them to reduce their participation in the workforce. This can have negative impacts on family income, as well as result in relationship stress, which can be detrimental to children. 6.5.2 Formal child care not only helps parents to compensate for the shrinking extended family and community networks, but can be socially beneficial for children. 6.5.3 However, child care needs to be of a high quality to benefit children. The Commission is concerned that while an increasing number of children are using formal child care, the quality, affordability and availability of care is an issue of concern. For example, in 1999, less than half of the workers in long day care centres, 79% of family day care providers, and about 60% of workers in before and after school and vacation care services had no relevant qualifications (AIHW, 2002). While research has found that children in poor quality child care have insecure attachments to adults, leaving them at risk of a range of long-term negative outcomes (Sims et al, 2005). 6.5.4 The Commission is supportive of strategies to increase the affordability, availability and quality of childcare. 6.5.5 In particular, the Commission supports an increase in Child Care Benefit (CCB) rates to assist families in meeting increasing child care costs. This should include differential rates to reflect the true cost of services in different areas, such as metropolitan or rural areas. 6.5.6 The Commission also supports better collaboration between the Australian, state and territory governments in providing services to families and children. The development of the National Agenda for Early Childhood provides an opportunity to progress a cooperative approach. 7. CONCLUSION 7.1 The Commission welcomes HREOCs project examining the balance between paid work and family responsibilities. We consider the project an ideal opportunity to gain a better understanding of how the increased participation of parents in the paid workforce impacts on childrens well-being. 7.2 The Commission is particularly concerned that the impact of parents participation in paid work during the critical early years of a childs life, and as children grow older, is poorly understood. 7.3 In addition, the Commission is concerned that the views of children and young people are absent from much of the discussion about balancing paid work and family responsibility. 7.4 The impact of parental participation in the workforce on children needs to be better understood so that the development of workplace and family policies are not only supportive of parents, but also benefit children. We suggest that consideration be given to undertaking continuous research on the impact of parents participation in paid work on children. In particular, the Commission supports continuous research with children and young people to better understand how their parents paid work and family responsibilities impact on their wellbeing from their own perspectives. Ongoing research in this area is needed so that we can understand the impact of workplace changes over time. REFERENCES Al-Yaman, F., Bryant, M. & Sargeant, H. (2002) Australias 鱨վ: Their health and wellbeing 2002 (AIHW Cat. No. PHE 36), AIHW, Canberra. Australian Institute of Health and Welfare (2002) Australias Welfare 2001, AIHW, Canberra. Business Council of Australia (2004) Balancing Work & Family Survey, Australia. Galinsky, E. (1999) Ask the 鱨վ: What Americas children really think about working parents, William Morrow and Company, New York. McClelland, A. (2000) Effects of unemployment on the family, The Economic and Labour Relations Review, Vol. 11 (2), pp. 198-212. NSW Commission for 鱨վ and Young People (2002) Report of an inquiry into the best means of assisting children and young people with no-one to turn to, NSW Commission for 鱨վ and Young People, Sydney. Ofsted (2003) Boys' Achievement in Secondary Schools, Office for Standards in Education, United Kingdom Government, London. Pocock, B. and Clarke, J. (2005) Time, Money and Job Spillover: How Parents Jobs Affect Young People, The Journal of Industrial Relations, Vol. 47 (1), pp. 62 -76. Ruhm, C., J. (2004) How well do parents with young children combine work and family life?, University of North Carolina at Greensboro, North Carolina. Sims, M., Guilfoyle, A. and Parry, T. (2005) What childrens cortisol levels tell us about quality in childcare centres, Australian Journal of Early Childhood, Vol. 30 (2), pp. 29 39.  Act No. 41 of 26 June 1998 concerning Cash Benefit for Parents with Small 鱨վ (Cash Benefit Act), Norway.  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