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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Children and Young People (Oversight and Advocacy Bodies)
(Commissioner for Aboriginal Children and Young People) Amendment
Bill 2020
A BILL FOR
An Act to amend the
Children
and Young People (Oversight and Advocacy Bodies) Act 2016
, and to make related amendments to various other Acts.
Contents
Part 2—Amendment of Children and Young
People (Oversight and Advocacy Bodies) Act 2016
5Amendment of section
3—Interpretation
6Amendment of section 4—Meaning of rights,
development and wellbeing
8Amendment of section 7—Commissioner for
Children and Young People
9Amendment of section 8—Appointment of
CCYP
10Amendment of section 9—Appointment of
acting CCYP
11Amendment of section
10—Delegation
12Amendment of section 11—Staff and
resources
13Amendment of section
12—Employees
14Amendment of section 13—Use of staff etc
of Public Service
15Amendment of section 13A—Reporting
obligations
16Amendment of heading to Part 2
Division 2
17Amendment of section 14—General
functions of CCYP
18Insertion of sections 14A to
14C
14ACollaboration
between CCYP and CACYP
14BReferral of
matters to CACYP
20Amendment of section 16—Powers of
CCYP
21Amendment of section
17—Recommendations
22Amendment of section 18—Report of
inquiry under section 15
23Amendment of section 19—CCYP may provide
other reports
24Amendment of section 20—CCYP may publish
reports
Part 2A—Commissioner
for Aboriginal Children and Young People
Division 1—Commissioner for
Aboriginal Children and Young People
20ACommissioner for
Aboriginal Children and Young People
20CAppointment of
acting CACYP
20GUse of staff etc
of Public Service
Division 2—Functions and powers of
CACYP
20JCollaboration
between CACYP and CCYP
20KReferral of
matters to CCYP
20MCACYP may inquire into
matters affecting Aboriginal children and young people at systemic
level
20QCACYP may provide other
reports
26Amendment of section 40—Guardian or
Committee may refer matter to CCYP or CACYP
28Amendment of section 42—CCYP, CACYP and
Guardian may make complaints to Ombudsman
30Amendment of section 44—Immediate
reports to Parliament
31Amendment of section 45—Referral of
matters to inquiry agencies etc not affected
32Amendment of section 52—CCYP and CACYP
or representative may attend meetings of Council
33Amendment of section 57—Outcomes
Framework for Children and Young People
34Amendment of section 59—No obligation to
maintain secrecy
35Amendment of section 60—CCYP or CACYP
may require State authority to provide report
36Amendment of section 61—CCYP, CACYP or
Guardian may require information
37Amendment of section 62—Sharing of
information between certain persons and bodies
38Amendment of section 64—Obstruction
etc
39Amendment of section 68—Protections,
privileges and immunities
41Amendment of Schedule 1—Transitional
provisions
13Commissioner for
Aboriginal Children and Young People
Part 1—Amendment of Children and
Young People (Safety) Act 2017
1Amendment of section 152—Sharing of
information between certain persons and bodies
Part 2—Amendment of Freedom of
Information Act 1991
2Amendment of Schedule 2—Exempt
agencies
Part 3—Amendment of Health and
Community Services Complaints Act 2004
3Amendment of section 27—Time within which
a complaint may be made
Part 4—Amendment of Ombudsman
Act 1972
4Amendment of section 13—Matters subject
to investigation
5Amendment of section 15—Persons who may
make complaints
6Amendment of section 16—Time within which
complaints may be made
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Children and Young People (Oversight and
Advocacy Bodies) (Commissioner for Aboriginal Children and Young People)
Amendment Act 2020.
This Act comes into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Children and Young People (Oversight and
Advocacy Bodies) Act 2016
Long title—after "Commissioner for Children and Young People;"
insert:
to establish the Commissioner for Aboriginal Children and Young
People;
5—Amendment
of section 3—Interpretation
(1) Section 3(1)—before the definition of Child Death and
Serious Injury Review Committee insert:
Aboriginal child or young person means a child or young
person who—
(a) is a descendant of the indigenous inhabitants of Australia;
and
(b) regards themself as Aboriginal, or is regarded as Aboriginal by at
least 1 of their parents or the community in which they live,
and includes, for the purposes of this Act, a Torres Strait Islander child
or young person and a reference to Aboriginal children and young
people is to be construed accordingly;
(2) Section 3(1)—after the definition of Child Development
Council insert:
Commissioner for Aboriginal Children and Young People or
CACYP means the person for the time being holding or acting in the
office of Commissioner for Aboriginal Children and Young People under
Part 2A;
(3) Section 3(1), definition of Commissioner for Children and Young
People—delete "or Commissioner" and
substitute:
or CCYP
(4) Section 3(1)—after the definition of State
authority insert:
Torres Strait Islander child or young person means a child or
young person who—
(a) is a descendant of the indigenous inhabitants of the Torres Strait
Islands; and
(b) regards themself as Torres Strait Islander, or is regarded as Torres
Strait Islander by at least 1 of their parents or the community in which
they live.
6—Amendment
of section 4—Meaning of rights, development and
wellbeing
(1) Section 4(1)—after "Child" insert:
and the United Nations Declaration on the Rights of Indigenous
Peoples
(2) Section 4(2)—after "physical," insert:
cultural,
(3) Section 4(3)(b)—delete "welfare" and substitute:
identity, safety
7—Amendment
of section 5—State authorities to seek to give effect to
United Nations Convention on the Rights of the
Child etc
Section 5—after "Child" insert:
, the United Nations Declaration on the Rights of Indigenous Peoples
8—Amendment
of section 7—Commissioner for Children and Young
People
Section 7(2)—delete "Commissioner" and substitute:
CCYP
9—Amendment
of section 8—Appointment of CCYP
(1) Section 8—delete "Commissioner" wherever occurring and
substitute in each case:
CCYP
(2) Section 8(13)—after paragraph (g) insert:
(ga) becomes a prohibited person within the meaning of the
Child
Safety (Prohibited Persons) Act 2016
; or
10—Amendment
of section 9—Appointment of acting CCYP
Section 9—delete "Commissioner" wherever occurring and substitute in
each case:
CCYP
11—Amendment
of section 10—Delegation
(1) Section 10(1)—delete "Commissioner" and substitute:
CCYP
(2) Section 10(1)—delete "Commissioner's" and substitute:
CCYP's
12—Amendment
of section 11—Staff and resources
(1) Section 11—delete "Commissioner" wherever occurring and
substitute in each case:
CCYP
(2) Section 11—delete "Commissioner's" and substitute:
CCYP's
13—Amendment
of section 12—Employees
Section 12—delete "Commissioner" wherever occurring and substitute in
each case:
CCYP
14—Amendment
of section 13—Use of staff etc of Public Service
Section 13—delete "Commissioner" and substitute:
CCYP
15—Amendment
of section 13A—Reporting obligations
(1) Section 13A—delete "Commissioner" wherever occurring and
substitute in each case:
CCYP
(2) Section 13A(1)—delete "Commissioner's" and substitute:
CCYP's
16—Amendment
of heading to Part 2 Division 2
Heading to Part 2 Division 2—delete "Commissioner" and
substitute:
CCYP
17—Amendment
of section 14—General functions of CCYP
(1) Section 14—delete "Commissioner" wherever occurring and
substitute in each case:
CCYP
(2) Section 14(1)(a)—after "people" insert:
, or a particular group of children and young people,
(3) Section 14(2)—delete "Commissioner's" and substitute:
CCYP's
18—Insertion
of sections 14A to 14C
After section 14 insert:
14A—Collaboration between CCYP and
CACYP
The CCYP should, in the performance of their functions, collaborate on
matters of common interest with the CACYP to such extent as is reasonably
practicable.
14B—Referral of matters to
CACYP
(1) If, in the course
of performing functions under this Act, the CCYP becomes aware of a matter that,
in the opinion of the CCYP, should be referred to the CACYP for action under
this Act, then the CCYP may refer the matter to the CACYP.
(2) Nothing in
subsection (1)
prevents the CCYP from reporting or referring the matter under any other
provision of this Act or any other Act.
14C—Jurisdictional disputes
(1) If the CCYP becomes aware that the CACYP is inquiring into a matter
under section 20M that appears to the CCYP to fall within the CCYP's
jurisdiction, the CCYP must raise the matter with the CACYP and attempt to
resolve which Commissioner should inquire into the matter.
(2) If the CCYP and
CACYP are unable to resolve which Commissioner should inquire into the matter,
the CCYP must refer the matter to the Minister.
(3) The Minister must determine whether the CCYP or the CACYP should
inquire into the matter referred under
subsection (2)
.
(4) If the Minister determines that the CACYP should inquire into the
matter, the CCYP may not inquire into the matter (unless the Minister
subsequently determines otherwise).
19—Amendment
of section 15—CCYP may inquire into matters affecting children and young
people at systemic level
(1) Section 15(1)—delete "The Commissioner may, in the
Commissioner's absolute discretion," and substitute:
Subject to this Act, but otherwise in the CCYP's absolute discretion, the
CCYP may
(2) Section 15—delete "Commissioner" wherever occurring and
substitute in each case:
CCYP
20—Amendment
of section 16—Powers of CCYP
Section 16—delete "Commissioner" wherever occurring and substitute in
each case:
CCYP
21—Amendment
of section 17—Recommendations
(1) Section 17—delete "Commissioner" wherever occurring and
substitute in each case:
CCYP
(2) Section 17—delete "Commissioner's" wherever occurring and
substitute in each case:
CCYP's
22—Amendment
of section 18—Report of inquiry under section 15
(1) Section 18(1)—delete "Commissioner" and substitute:
CCYP
(2) Section 18(3)—delete "Commissioner's" wherever occurring and
substitute in each case:
CCYP's
23—Amendment
of section 19—CCYP may provide other reports
Section 19(1)—delete "Commissioner" and substitute:
CCYP
24—Amendment
of section 20—CCYP may publish reports
Section 20—delete "Commissioner" wherever occurring and substitute in
each case:
CCYP
After Part 2 insert:
Part 2A—Commissioner for Aboriginal Children
and Young People
Division 1—Commissioner for Aboriginal
Children and Young People
20A—Commissioner for Aboriginal Children and Young
People
(1) There is to be a Commissioner for Aboriginal Children and Young
People.
(2) The CACYP is independent of direction or control by the Crown or any
Minister or officer of the Crown.
20B—Appointment of CACYP
(1) The CACYP will be appointed by the Governor on conditions, and for a
term (not exceeding 7 years), determined by the Governor and specified in
the instrument of appointment.
(2) A person appointed to be the CACYP is, at the end of a term of
appointment, eligible for reappointment but cannot hold office for terms
(including any term as Acting CACYP) that exceed 10 years in
total.
(3) Despite a provision of the
Equal
Opportunity Act 1984
or any other Act or law, a person appointed to be the CACYP must be an
Aboriginal person.
(4) The Governor may, by regulation, establish a scheme for the
recruitment of the CACYP (and recruitment of the CACYP must comply with that
scheme).
(5) A person may
only be appointed to be the CACYP if, following referral by the Minister of the
proposed appointment to the Statutory Officers Committee established under the
Parliamentary
Committees Act 1991
—
(a) the appointment has been approved by the Committee; or
(b) the Committee has not, within 7 days of the referral, or such
longer period as is allowed by the Minister, notified the Minister in writing
that it does not approve the appointment.
(6) Despite the
Parliamentary
Committees Act 1991
, the Statutory Officers Committee must not report on, or publish material
in relation to, matters referred to the Committee under
subsection (5)
except to the extent allowed by the Minister (but this subsection does not
derogate from section 15I(2) of the
Parliamentary
Committees Act 1991
).
(7) If the CACYP was, immediately before their appointment, employed in
the Public Service, the CACYP retains existing and accruing rights in respect of
leave.
(8) The CACYP must not, without the consent of the Minister, engage in any
remunerated employment or activity apart from official duties.
(9) The Governor
may, on the address of both Houses of Parliament, remove the CACYP from
office.
(10) The Governor
may suspend the CACYP from office (with, or without, pay) for—
(a) contravention of a condition of appointment; or
(b) misconduct or conduct that may bring the office of CACYP into
disrepute; or
(c) failure or incapacity to carry out official duties
satisfactorily.
(11) If the Governor suspends the CACYP from office, a full statement of
the reason for the suspension must be laid before both Houses of Parliament
within 7 days after the suspension if Parliament is then in session or, if
not, within 7 days after the commencement of the next session of
Parliament.
(12) If, at the end of 20 sitting days after the statement is laid
before Parliament, neither House of Parliament has presented an address to the
Governor requiring the CACYP to be restored to office, the CACYP is removed from
office.
(13) If within 20 sitting days after the statement is laid before
Parliament either House of Parliament presents an address to the Governor
requiring the CACYP to be restored to office, the CACYP is restored to
office.
(14) The office of CACYP becomes vacant if the holder—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Governor; or
(d) is nominated for election as a member of an Australian Parliament;
or
(e) becomes an insolvent under administration within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(f) is convicted of—
(i) an indictable offence against the law of this State; or
(ii) an offence against the law of this State that is punishable by
imprisonment for a term of at least 12 months; or
(iii) an offence against the law of another jurisdiction that, if
committed in this State, would be an offence of a kind referred to in a
preceding paragraph; or
(g) is sentenced to imprisonment for an offence (whether against a law of
this State or another jurisdiction); or
(h) becomes a prohibited person within the meaning of the
Child
Safety (Prohibited Persons) Act 2016
; or
(i) is removed from office by the Governor under this section.
(15) Except as is provided by this section, the CACYP may not be removed
or suspended from office, nor will the office of the CACYP become
vacant.
(16) The CACYP is a senior official for the purposes of the
Public
Sector (Honesty and Accountability) Act 1995
.
20C—Appointment of acting
CACYP
(1) The Governor may appoint a person (who may be a Public Service
employee) to act as the CACYP during any period for which—
(a) no person is for the time being appointed as the CACYP; or
(b) the CACYP is absent from, or unable to discharge, official
duties.
(2) Despite a provision of the
Equal
Opportunity Act 1984
or any other Act or law, a person appointed to act as the CACYP must be an
Aboriginal person.
(3) The terms and conditions of appointment of the person appointed to act
as the CACYP will be determined by the Governor.
(4) A person appointed to act as the CACYP is a senior official for the
purposes of the
Public
Sector (Honesty and Accountability) Act 1995
.
20D—Delegation
(1) Subject to this section, the CACYP may delegate a function or power
under this Act (other than a prescribed function or power) to any person or body
that is, in the CACYP's opinion, competent to perform or exercise the relevant
function or power.
(2) A delegation under this section—
(a) must be in writing; and
(b) may be conditional or unconditional; and
(c) is revocable at will; and
(d) does not prevent the delegator from acting in any matter.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
20E—Staff and resources
The Minister must provide the CACYP with the staff and other resources that
the CACYP reasonably needs for carrying out the CACYP's functions.
20F—Employees
(1) The CACYP may engage employees on terms and conditions determined by
the CACYP.
(2) The employees are not Public Service employees but will, for the
purposes of the
Public
Sector (Honesty and Accountability) Act 1995
, be taken to be public sector employees employed by the CACYP.
20G—Use of staff etc of Public
Service
The CACYP may, by agreement with the Minister responsible for an
administrative unit of the Public Service, make use of the services of the
staff, equipment or facilities of that administrative unit.
20H—Reporting obligations
(1) The CACYP must,
on or before 31 October in each year, report to the Minister on the
performance of the CACYP's functions during the preceding financial
year.
(2) The Minister must, within 6 sitting days after receiving a report
from the CACYP, have copies of the report laid before both Houses of
Parliament.
Division 2—Functions and powers of
CACYP
20I—General functions of CACYP
(1) The functions of the CACYP are—
(a) to promote and advocate for the rights and interests of all Aboriginal
children and young people, or a particular group of Aboriginal children and
young people, in South Australia; and
(b) to promote the participation by Aboriginal children and young people
in the making of decisions that affect their lives; and
(c) to advise, and make recommendations to, Ministers, State authorities
and other bodies (including non-Government bodies) on matters related to the
rights, development and wellbeing of Aboriginal children and young people at a
systemic level; and
(d) to inquire under
section 20M
into matters related to the rights, development and wellbeing of
Aboriginal children and young people at a systemic level (whether a Governmental
system or otherwise); and
(e) to assist in ensuring that the State, as part of the Commonwealth,
satisfies its international obligations in respect of Aboriginal children and
young people; and
(f) to undertake or commission research into topics related to Aboriginal
children and young people; and
(g) to prepare and publish reports on matters related to the rights,
development and wellbeing of Aboriginal children and young people at a systemic
level; and
(h) such other functions as may be conferred on the CACYP by or under this
or any other Act.
(2) The CACYP may perform a function in respect of an Aboriginal child or
young person, or a particular group of Aboriginal children and young people, if,
at the time the CACYP is performing the function, the CACYP believes on
reasonable grounds that the child or young person is an Aboriginal child or
young person, or the group of children and young people is a group of Aboriginal
children and young people.
(3) Without
limiting any other provision of this Act, the CACYP should consult with and
engage Aboriginal children and young people, and their families and communities,
in the performance of the CACYP's functions under this Act, and in particular
should seek to engage those groups of Aboriginal children and young people, and
their families and communities, whose ability to make their views known is
limited for any reason.
(4) In this section—
family, in relation to an Aboriginal child or young person or
a Torres Strait Islander child or young person, includes—
(a) the child or young person's extended family; and
(b) members of the child or young person's family who are not biologically
related to the child or young person; and
(c) any person related to the child or young person in accordance with
Aboriginal or Torres Strait Islander traditional practice or custom (as the case
requires),
and families has a corresponding meaning.
20J—Collaboration between CACYP and
CCYP
The CACYP should, in the performance of their functions, collaborate on
matters of common interest with the CCYP to such extent as is reasonably
practicable.
20K—Referral of matters to
CCYP
(1) If, in the
course of performing functions under this Act, the CACYP becomes aware of a
matter that, in the opinion of the CACYP, should be referred to the CCYP for
action under this Act, then the CACYP may refer the matter to the
CCYP.
(2) Nothing in
subsection (1)
prevents the CACYP from reporting or referring the matter under any other
provision of this Act or any other Act.
20L—Jurisdictional disputes
(1) If the CACYP becomes aware that the CCYP is inquiring into a matter
under section 15 that appears to the CACYP to fall within the CACYP's
jurisdiction, the CACYP must raise the matter with the CCYP and attempt to
resolve which Commissioner should inquire into the matter.
(2) If the CACYP
and CCYP are unable to resolve which Commissioner should inquire into the
matter, the CACYP must refer the matter to the Minister.
(3) The Minister must determine whether the CACYP or the CCYP should
inquire into the matter referred under
subsection (2)
.
(4) If the Minister determines that the CCYP should inquire into the
matter, the CACYP may not inquire into the matter (unless the Minister
subsequently determines otherwise).
20M—CACYP may inquire into matters affecting
Aboriginal children and young people at systemic level
(1) Subject to this Act, but otherwise in the CACYP's absolute discretion,
the CACYP may conduct an inquiry into—
(a) the policies, practices and procedures of a State authority or
authorities as they relate to the rights, development and wellbeing of
Aboriginal children and young people generally, or a particular group of
Aboriginal children and young people; and
(b) any other matter declared by the regulations to fall within the ambit
of this subsection.
(2) However, the CACYP may only conduct an inquiry under this section if
the CACYP suspects that—
(a) the matter raises an issue of particular significance to Aboriginal
children and young people; and
(b) the matter is of a systemic nature rather than being limited to an
isolated incident; and
(c) it is in the public interest to conduct the inquiry.
(3) To avoid doubt, and
without limiting any other provision of this section, the CACYP—
(a) may, in the course of conducting an inquiry into matters of a systemic
nature, consider a matter affecting a particular Aboriginal child or young
person; and
(b) may conduct an inquiry under this section as a consequence of becoming
aware of a matter affecting a particular Aboriginal child or young
person.
(4) The CACYP must not conduct an inquiry under this section if to do so
would be likely to impede an investigation or proposed investigation relating to
a matter that is being, or is to be, conducted by an inquiry agency.
(5) Subject to this Act, the CACYP may conduct an inquiry under this
section in such manner as the CACYP thinks fit.
(6) A State
authority must assist the CACYP in the conduct of an inquiry under this section
as requested by the CACYP.
(7) The CACYP must inform each relevant State authority as to the nature
and timing of an inquiry under this section.
(8) In this section—
inquiry agency has the same meaning as in
section 45.
20N—Powers of CACYP
(1) For the purposes of an inquiry under
section 20M
, the CACYP has the powers of a commission as defined in the
Royal
Commissions Act 1917
and that Act applies as if—
(a) the CACYP were a commission as so defined; and
(b) the subject matter of the inquiry were set out in a commission of
inquiry issued by the Governor under that Act.
(2) For the
purposes of any other function under this Act, the CACYP has such powers as may
be necessary or expedient for the performance of that function.
20O—Recommendations
(1) The CACYP may,
on completing an inquiry under
section 20M
, or in response to issues observed by the CACYP in the course of such an
inquiry, by notice in writing recommend to a State authority that the State
authority—
(a) change practices, policies or procedures in a specified way or review
practices, policies or procedures to achieve specified outcomes; or
(b) conduct, or participate in, specified educational programs or
educational programs designed to achieve specified outcomes; or
(c) take such other action as may be specified by the CACYP.
(2) The responsible
authority for a State authority must, in relation to a recommendation under
subsection (1)
, provide to the CACYP a report setting out—
(a) whether the State authority proposes, or does not propose, to
implement the recommendation; and
(b) if the State authority proposes to implement the
recommendation—details of how the implementation is to be recommended;
and
(c) if the State authority does not propose to implement the
recommendation—an explanation as to why the recommendation is not to be
implemented.
(a) a State authority proposes to implement a recommendation; and
(b) the CACYP is of the opinion that a State authority has failed or
refused to do so,
the CACYP may require the State authority to provide to the CACYP within a
specified period a report setting out the reasons for the failure or
refusal.
(4) The CACYP may
submit a copy of a report under
subsection (3)
to the Minister setting out the views of the CACYP in respect of the State
authority's failure or refusal to implement a recommendation.
(5) The Minister
must, on receiving a report under
subsection (4)
, prepare a report to Parliament setting out—
(a) the Minister's response to the CACYP's report; and
(b) if any action has been taken, or is proposed to be taken, (whether by
the Minister, a State authority or any other person or body) in relation to a
recommendation to which the CACYP's report relates—details of that action
or proposed action; and
(c) if no action is to be taken (whether by the Minister, a State
authority or any other person or body) in relation to a recommendation to which
the CACYP's report relates—the reasons for not taking action;
and
(d) any other information required by the regulations.
(6) The Minister must, within 6 sitting days after completing a
report under
subsection (5)
, cause a copy of both the report and the CACYP's report under
subsection (4)
to be laid before both Houses of Parliament.
Division 3—Reporting
20P—Report of inquiry under
section 20M
(1) The CACYP must,
on completing an inquiry under
section 20M
, prepare and deliver to the Minister a report on the inquiry (including
details of any recommendations made in respect of the inquiry).
(2) The Minister must, within 6 sitting days after receiving a report
under
subsection (1)
, cause a copy of the report to be laid before both Houses of
Parliament.
(3) The Minister
must, on receiving a report under
subsection (1)
—
(a) provide a copy of the report to the Minister responsible for each area
identified in the report; and
(b) prepare a report setting out—
(i) the Minister's response to the CACYP's report; and
(ii) if any action has been taken, or is proposed to be taken, (whether by
a Minister, a State authority or any other person or body) in relation to the
CACYP's report—details of that action or proposed action; and
(iii) if no action is to be taken (whether by a Minister, a State
authority or any other person or body) in relation to the CACYP's
report—the reasons for not taking action; and
(iv) any other information required by the regulations.
(4) The Minister must, within 6 sitting days after completing a
report under
subsection (3)
, cause a copy of the report to be laid before both Houses of
Parliament.
20Q—CACYP may provide other
reports
(1) The CACYP may
prepare and provide to the Minister, or to another Minister responsible for a
particular area, reports on matters related to the rights, development and
wellbeing of Aboriginal children and young people at a systemic level.
(2) The Minister to whom a report is provided under
subsection (1)
must, within 6 sitting days after receiving the report, cause a copy
of the report to be laid before both Houses of Parliament.
20R—CACYP may publish reports
The CACYP may, once a report under this Part has been laid before each
House of Parliament and after consultation with the Minister, publish all or
part of the report as the CACYP thinks fit.
26—Amendment
of section 40—Guardian or Committee may refer matter to CCYP or
CACYP
(1) Section 40(1)—delete "to the Commissioner for action under
Part 2" and substitute:
to the CCYP for action under Part 2 or to the CACYP for action under
Part 2A
(2) Section 40(1)—delete "by the Commissioner, refer the matter to
the Commissioner" and substitute:
by the CCYP or CACYP, refer the matter to the CCYP or CACYP (as the case
requires)
27—Amendment
of section 41—CCYP, CACYP, Guardian and Committee may report, and must
refer, certain matters to appropriate body
(1) Section 41(1)—delete "the Commissioner," first occurring and
substitute:
the CCYP, the CACYP,
(2) Section 41(1)—delete "the Commissioner," second occurring and
substitute:
the CCYP, CACYP,
(3) Section 41(2)—delete "The Commissioner," and
substitute:
The CCYP, the CACYP,
28—Amendment
of section 42—CCYP, CACYP and Guardian may make complaints to
Ombudsman
(1) Section 42(1)—delete "the Commissioner" and
substitute:
the CCYP, the CACYP
(2) Section 42—after subsection (1) insert:
(1a) The CACYP may only make a complaint under this section on behalf of
an Aboriginal child or young person, a group of Aboriginal children and young
people, or Aboriginal children and young people generally.
29—Amendment
of section 43—CCYP, CACYP and Guardian may make complaints to Health and
Community Services Complaints Commissioner
(1) Section 43—delete "the Commissioner" wherever occurring and
substitute in each case:
the CCYP, the CACYP
(2) Section 43—after subsection (2) insert:
(2a) The CACYP may only make a complaint under this section on behalf of
an Aboriginal child or young person, a group of Aboriginal children and young
people, or Aboriginal children and young people generally.
30—Amendment
of section 44—Immediate reports to Parliament
Section 44—delete "The Commissioner," wherever occurring and
substitute in each case:
The CCYP, the CACYP,
31—Amendment
of section 45—Referral of matters to inquiry agencies etc not
affected
(1) Section 45(2)—delete "the Commissioner," first occurring and
substitute:
the CCYP, the CACYP,
(2) Section 45(2)—delete "the Commissioner," second occurring and
substitute:
the CCYP, CACYP,
32—Amendment
of section 52—CCYP and CACYP or representative may attend meetings of
Council
(1) Section 52—delete "The Commissioner" and substitute:
The CCYP and the CACYP
(2) Section 52—delete "the Commissioner" and substitute:
the CCYP or the CACYP
33—Amendment
of section 57—Outcomes Framework for Children and Young
People
Section 57(4)(b)(i)—delete "the Commissioner" and
substitute:
the CCYP and the CACYP
34—Amendment
of section 59—No obligation to maintain secrecy
Section 59—delete "the Commissioner," and substitute:
the CCYP, the CACYP,
35—Amendment
of section 60—CCYP or CACYP may require State authority to provide
report
(1) Section 60(1)—delete "The Commissioner" and
substitute:
The CCYP or the CACYP
(2) Section 60(1)—delete "the Commissioner" first and second
occurring and substitute:
the CCYP or CACYP
(3) Section 60(1)—delete "the Commissioner" third occurring and
substitute:
the CCYP or CACYP (as the case requires)
(4) Section 60(2)—delete "the Commissioner" first occurring and
substitute:
the CCYP or CACYP
(5) Section 60(2)—delete "the Commissioner" second occurring and
substitute:
the CCYP or CACYP (as the case requires)
(6) Section 60(3)—delete "The Commissioner" and
substitute:
The CCYP or CACYP
(7) Section 60(3)—delete "the Commissioner" and
substitute:
the CCYP or CACYP (as the case requires)
(8) Section 60(4)(a)—delete "the Commissioner's" and
substitute:
the CCYP's or CACYP's
(9) Section 60(5)—delete "the Commissioner's" and
substitute:
the CCYP's or CACYP's
36—Amendment
of section 61—CCYP, CACYP or Guardian may require
information
(1) Section 61(1)—delete "The Commissioner" and
substitute:
The CCYP, the CACYP
(2) Section 61(1)—delete "the Commissioner" and
substitute:
the CCYP, CACYP
(3) Section 61(2)—delete "the Commissioner" and
substitute:
the CCYP, CACYP
(4) Section 61—after subsection (2) insert:
(2a) If a service of a State authority is provided by a third party and
the information or documents required by the CCYP, CACYP or Guardian are held by
the third party, the person to whom a requirement is made under
subsection (1) must take reasonable steps to—
(a) obtain from the third party the information or documents that are the
subject of the requirement; or
(b) facilitate the provision by the third party to the CCYP, CACYP or
Guardian (as the case requires) of the information or documents that are the
subject of the requirement.
(5) Section 61(4)—delete "the Commissioner" wherever occurring and
substitute in each case:
the CCYP, CACYP
37—Amendment
of section 62—Sharing of information between certain persons and
bodies
Section 62(1)(a)—delete paragraph (a) and substitute:
(a) the CCYP;
(ab) the CACYP;
38—Amendment
of section 64—Obstruction etc
Section 64—delete "the Commissioner," and substitute:
the CCYP, the CACYP,
39—Amendment
of section 68—Protections, privileges and immunities
(1) Section 68(1)—delete "the Commissioner," and
substitute:
the CCYP, the CACYP,
(2) Section 68(5)—delete "The Commissioner" and
substitute:
The CCYP
(3) Section 68(5)—after "section 15," insert:
and the CACYP has, in connection with an inquiry under
section 20M,
Section 70—delete the section
41—Amendment
of Schedule 1—Transitional provisions
Schedule 1—after clause 12 insert:
13—Commissioner for Aboriginal Children and Young
People
(1) The person who,
immediately before the commencement of this clause, was the Commissioner for
Aboriginal Children and Young People appointed under the
Constitution
Act 1934
—
(a) ceases to hold office on the commencement of this clause and any
instrument of appointment or other agreement or arrangement relating to the
office is terminated by force of this clause at the same time; and
(b) will be taken, on the commencement of this clause, to be appointed
under Part 2A of this Act for a term ending on
3 December 2021.
(2) For the purposes of section 20B(2), the term of appointment of
the person referred to in
subclause (1)
is taken to have commenced on 3 December 2018.
(3) The operation of this clause does not amount to a break in service and
the person referred to in
subclause (1)
retains existing and accruing rights in respect of leave regarding their
appointment under the
Constitution
Act 1934
.
Part 1—Amendment of Children and Young
People (Safety) Act 2017
1—Amendment
of section 152—Sharing of information between certain persons and
bodies
Section 152(1)—after paragraph (b) insert:
(ba) the Commissioner for Aboriginal Children and Young People;
Part 2—Amendment of Freedom of Information
Act 1991
2—Amendment
of Schedule 2—Exempt agencies
Schedule 2—after paragraph (ec) insert:
(eca) the Commissioner for Aboriginal Children and Young People;
Part 3—Amendment of Health and Community
Services Complaints Act 2004
3—Amendment
of section 27—Time within which a complaint may be
made
Section 27(4)—after "the Commissioner for Children and Young People"
insert:
, the Commissioner for Aboriginal Children and Young People
Part 4—Amendment of Ombudsman
Act 1972
4—Amendment
of section 13—Matters subject to investigation
Section 13(3c)(a)—after "the Commissioner for Children and Young
People" insert:
, the Commissioner for Aboriginal Children and Young People
5—Amendment
of section 15—Persons who may make complaints
Section 15(3b)—after "the Commissioner for Children and Young People"
insert:
, the Commissioner for Aboriginal Children and Young People
6—Amendment
of section 16—Time within which complaints may be
made
Section 16(3)—after "the Commissioner for Children and Young People"
insert:
, the Commissioner for Aboriginal Children and Young People