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Commonwealth Commissioner for
Children and Young People Bill 2010
EXPLANATORY MEMORANDUM
Circulated by authority of Senator Sarah Hanson-Young
GENERAL OUTLINE: Policy Rationale
The Commonwealth Commissioner for Children and Young People Bill 2010 seeks to establish
an independent statutory office of Commonwealth Commissioner for Children and Young
People, to advocate at a national level for the needs, rights and views of people below the
age of eighteen.
Along with promoting the rights of children and young people, the Commission would
monitor and review laws, policies and practices which impact on service provision. The
establishment of a Commonwealth Commissioner for children and young people will also
help move the approach beyond a narrow focus only on neglect and abuse to encompass
broader concepts of overall safety and wellbeing for children and young people.
As a signatory to the UN Convention on the Rights of the Child, Australia has a responsibility
in upholding the full range of human rights--civil, cultural, economic, political and social
rights, which are essentially underpinned by four paramount principles. By cementing our
international obligations in legislation, the Bill provides a clear framework of minimum
human rights standards to ensure the wellbeing of our children and young people.
FINANCIAL IMPACT:
The establishment of an Office of the Commonwealth Commissioner for Children and Young
People will entail a financial cost for administrative purposes.
NOTES ON CLAUSES
Clause 1 - Short title
This clause provides for the Act, when enacted, to be cited as the Commonwealth
Commissioner for Children and Young People Act 2010.
Clause 2 - Commencement
This clause provides for sections 1 to 2 of the Act to commence on the day it receives Royal
Assent, and sections 3 to 30 to commence within six months of Royal Assent.
Clause 3 - Objects
This clause identifies that the object of this Bill is to establish an independent Commissioner
for children and young people to advocate on a national level for the needs, views and rights
of people under eighteen; to monitor the development of laws affecting children and young
people; coordinate related policies, programs and funding; and proactively engage children
and young people in the decisions that affect them.
This clause also identifies Articles 2, 4, 6, and 12 of the UN Convention on the Rights of the
Child as integral to the role of the Commissioner in assisting Australia meet its international
obligations.
Clause 4 - Principles underlying this Act
This clause identifies the principles from the United Nations Convention on the Rights of the
Child that are applied to the Commissioner when exercising his/her powers.
Clause 5 - Definitions
This section explains the key definitions of the Act
Clause 6 - Operation of State and Territory laws
This clause highlights that the operation of this Act is not intended to exclude or limit the
operation of a similar state or territory law that is capable of working concurrently with this
Act.
Clause 7 - Extension to external Territories
This clause ensures that the Act applies to all external territories. This is particularly
important for asylum seekers under eighteen who are held on Christmas Island.
Part 2 - Office of the Commonwealth Commissioner for Children and Young People
Division 1 - Establishment
Clause 8 - Establishment
This clause outlines the establishment of the office of the Commonwealth Commissioner for
Children and Young People, consisting of the Commissioner and a Deputy Commissioner if
required.
Division 2 - Functions and powers of the Commissioner
Clause 9 - Functions and powers of Commissioner
This clause sets out the key functions and powers of the Commissioner in relation to all
children and young people in Australia regardless of their citizenship or residency status.
Some of the key functions include:
- Providing national leadership in monitoring and advocating for the well being of Australian
children and young people
- Reviewing existing laws; proposing new policies; and conducting research
- Promoting and protecting the rights of children and young people in immigration
detention, and acting as the legal guardian of unaccompanied minors who arrive in Australia
without the requisite visa;
- Promoting strong education programs.
Clause 10 - How the Commissioner if to perform functions
These provisions deal with the role, responsibilities and function of the Commissioner and
guidelines on how their tasks are to be carried out. In particular the Commissioner is
required to:
- Consult with children and young people, their parents and guardians, and their educators;
-Adopt work practices that ensure the Office of the Commissioner is accessible to children
and young people and encourages their participation;
-Consult with relevant agencies, bodies and organisations.
Clause 11 - Commissioner must act independently
This provision states that the Commissioner must act independently, and may report to
Parliament on any matter related to his or her functions.
Clause 12 - Cooperation with other agencies
The first provision outlines that the Commissioner must work cooperatively with other
Commonwealth agencies that provide or deal with services or issues affecting children and
young people.
The second provision states that the Commissioner must consult with State and Territory
Governments to develop agreements around the cooperation and interaction between the
Office of the Commissioner and relevant State and Territory bodies.
Part 3 - Appointments and staffing for the Office of the Commissioner
Division 1 - The Commissioner
Clauses 13 - 21
These provisions give guidelines for the appointment of the National Commissioner for
Children and Young people and their employment terms and conditions. Further to these
general guidelines, these provisions also allows for an Acting Commissioner to be appointed
if the National Commissioner is absent.
Clause 22 - Appointment of Deputy Commissioners
These provisions provide the guidelines for the appointment of one or more Deputy
Commissioners to assist the Commissioner.
Division 2 - Staff, consultants and delegations
Clauses 23 and 24
These provisions outline the guidelines for the appointment of staff, and the engagement
with consultants.
Part 4 - Other Matters
Clause 25 - Report to the United Nations Committee on the Rights of the Child
This provisions outlines the role and responsibility of the Commissioner in preparing and
presenting reports on behalf of Australia to the UN Committee on the Rights of the Child.
Importantly, this section also ensures that nothing prevents the Minister from preparing and
transmitting other reports to the UN Committee.
Clause 26 - Annual reports
This section outlines the guidelines for which the Commissioner is required to prepare an
annual report on the operations of the Office of the Commissioner for that year.
Clause 27 - Review of operation of Act
This provision outlines that a review of the Act must be undertaken 2 years after the
commencement of this Act, with a written report about the review to be undertaken and
tabled in Parliament.
Clause 28 - 30 are consequential amendments.