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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Child Development and Wellbeing
Bill 2014
A BILL FOR
An Act to establish a legislative framework to ensure that the development
and wellbeing of children and young people is considered from a whole of
government perspective; to recognise the importance of children and young people
to the State; to establish a Commissioner for Children and Young People; to
establish the Child Development Council; to require the preparation of an
Outcomes Framework for Children and Young People; to make related amendments to
the Children's
Protection Act 1993 and the Freedom
of Information Act 1991; and for other purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Interpretation
4Meaning of
rights, development and wellbeing
5Interaction with other Acts
Part 2—Fundamental aspects of
Act
6Declaration
7Objects
8Principles
9Statutory duty
in respect of children and young people
10Outcomes Framework for
Children and Young People
Part 3—Administration
11Functions of
Minister
12Power of delegation
Part 4—Commissioner
for Children and Young People
13Commissioner for Children and Young
People
14Terms and conditions of appointment
15Appointment of
acting Commissioner
16Function of Commissioner
17Delegation
18Honesty and
accountability
19Commissioner may require
information
20Commissioner's
reports
21Use of staff etc of Public
Service
Part 5—Child Development
Council
22Establishment of Child
Development Council
23Presiding member and deputy presiding
member
24Terms and conditions of membership
25Allowances and
expenses
26Validity of acts
27Power of delegation
28Committees
29Council's procedures
30Commissioner or
representative may attend meetings of Council
31Conflict of interest under
Public Sector (Honesty and Accountability) Act 1995
32Functions of
Council
33Council may require information
34Use of Staff
etc of Public Service
Part 6—Miscellaneous
35Confidentiality
36Service
37Review of Act
38Regulations
Part 1—Preliminary
1Amendment
provisions
Part 2—Amendment of
Children's Protection Act 1993
2Repeal of Part 7B
Part 3—Amendment of
Freedom of Information Act 1991
3Amendment of Schedule 2—Exempt
agencies
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Child Development and Wellbeing
Act 2014.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
Child Development Council or Council means the
Child Development Council established by
section 22;
Commissioner for Children and Young People or
Commissioner means the person for the time being holding or acting
in the office of Commissioner for Children and Young People under
Part 4;
local council means a council constituted under the Local
Government Act 1999;
Outcomes Framework for Children and Young People or
Outcomes Framework means the Outcomes Framework for Children and
Young People prepared in accordance with
section 10;
responsible Minister, in relation to a State authority,
means—
(a) if the authority is a person who holds an office established by an Act
or a body established by or under an Act—the Minister responsible for the
administration of that Act; or
(b) if the authority is an administrative unit—the Minister
responsible for that administrative unit; or
(c) in any other case—the Minister declared by the regulations to be
the responsible Minister for the authority or, in the absence of such a
declaration, the Minister responsible for the administration of this
Act;
State authority means—
(a) a person who holds an office established by an Act; or
(b) an administrative unit; or
(c) a local council; or
(d) any incorporated or unincorporated body—
(i) established for a public purpose by an Act; or
(ii) established for a public purpose under an Act (other than an Act
providing for the incorporation of companies or associations, co-operatives,
societies or other voluntary organisations); or
(iii) established, or subject to control or direction, by the Governor, a
Minister of the Crown or any instrumentality or agency of the Crown or a local
council (whether or not established by or under an Act or an enactment);
or
(e) a person or body declared by the regulations to be an authority to
which this Act applies,
but does not include—
(f) a school established by an Act for a public purpose; or
(g) any other person or body declared by the regulations to be excluded
from the ambit of this definition.
(2) For the purposes of this Act, a reference to children and young
people will be taken to be a reference to persons who are under
18 years of age.
4—Meaning
of rights, development and wellbeing
(1) For the purposes of this Act, a reference to the rights
of children and young people will be taken to include a reference to rights
recognised in accordance with statutory and common law, rights set out from time
to time in the United Nations Convention on the Rights of the Child and
rights set out in any other relevant international human rights
instruments.
(2) For the purposes of this Act, a reference to the
development of children and young people will be taken to include
a reference to the physical, social, emotional and intellectual growth of each
individual from birth through to adulthood.
(3) For the purposes of this Act, a reference to the
wellbeing of children and young people will be taken to include a
reference to—
(a) the care, development, education, physical and mental health and
safety of each individual from birth through to adulthood; and
(b) the cultural welfare and wellbeing of children and young
people.
This Act is in addition to, and does not derogate from, any other Act or
law.
Part 2—Fundamental
aspects of Act
This Act recognises the competencies and rights of children and young
people in our community.
The objects of this Act include—
(a) establishing a legislative framework to ensure that—
(i) the rights, development and wellbeing of children and young people are
considered in relation to government policies in any area that affects them;
and
(ii) each State authority considers the consequences for children and
young people of any policy developed or implemented by the State authority;
and
(b) imposing a duty on State authorities to cooperate in developing
policies in areas that affect the development and wellbeing of children and
young people; and
(c) establishing the Commissioner for Children and Young People to provide
an authoritative voice and to hold decision makers to account on a systemic
level; and
(d) contributing to an integrated approach, overseen by the Commissioner,
in respect of the health, learning and participation of children and young
people, the social, economic and environmental influences affecting children and
young people and other areas affecting the rights, development and wellbeing of
children and young people; and
(e) developing planning and coordination structures for the development
and wellbeing of children and young people that are multi-disciplinary,
cross-sector and regionally focussed; and
(f) embedding key principles relating to the rights, development and
wellbeing of children and young people in legislation that will inform the work
of government and non-government organisations; and
(g) strengthening and improving outcomes for children and young people of
all cultures;
(h) strengthening information sharing practices across government and
non-government organisations to enhance the quality of care and service delivery
while balancing the need to protect and respect privacy; and
(i) building the capacity of the community to provide environments
conducive to the development and wellbeing of children, young people and their
families.
The following principles must be taken into account in the administration
and operation of this Act:
(a) children and young people are valued citizens;
(b) the first 5 years of a child’s development are of
particular importance;
(c) it is the responsibility of each member of the community to ensure
every child and young person is supported to play, learn, and develop to be the
best that they can at every stage of life and to participate and be responsible
citizens in our society;
(d) parents and carers have the primary role in the development and
wellbeing of the children and young people in their care, and governments and
others who provide services to children and young people should work in
partnership with them;
(e) children and young people, and their parents, carers and
families:
(i) are best able to shape their own lives and are not simply passive
recipients of services;
(ii) have differing needs;
(f) children and young people should be consulted and provided with
opportunities to be involved in decision-making processes that affect their
lives;
(g) the diverse cultural and linguistic nature of our society is to be
recognised and valued;
(h) South Australia’s Aboriginal peoples are part of the oldest
continuing cultures in human history and the cultural and linguistic heritage of
Aboriginal children and young people must be honoured, celebrated and
respected;
(i) the role of non-government organisations, services and programs within
the community can strengthen and improve outcomes for the development and
wellbeing of children and young people;
(j) the rights set out from time to time in the United Nations
Convention on the Rights of the Child and any other relevant international
human rights instruments are to be protected, respected and promoted.
9—Statutory
duty in respect of children and young people
(1) Every State
authority, in carrying out its functions or exercising its
powers—
(a) must, as far as is reasonably practicable, further the objects of this
Act; and
(b) must have regard to the principles set out in
section 8;
and
(c) must have regard, and seek to give effect, to the Outcomes Framework
for Children and Young People; and
(d) must consider the impact that any decisions will have on children and
young people; and
(e) must take reasonable steps to harmonise their administrative
arrangements and practices with the objects, principles and duties imposed by
this Act.
(2) A State authority will be taken not to be in breach of
subsection (1)
if the State authority is acting—
(a) in accordance with a requirement under this or any other Act;
or
(b) in circumstances prescribed by the regulations.
(3) A failure by a
State authority to comply with this section does not, of itself, give rise to
any civil liability against the Crown, the State authority or any other
person.
10—Outcomes
Framework for Children and Young People
(1) There is to be an Outcomes Framework for Children and Young
People.
(2) Without limiting any other matter that may be included in the Outcomes
Framework, the Outcomes Framework must include a Charter for Children and Young
People.
(3) The Outcomes Framework is to be prepared by the Child Development
Council for consideration and approval by the Minister.
(4) The Council must, in preparing the Outcomes Framework—
(a) act in accordance with any instructions of the Minister; and
(b) consult with—
(i) the Commissioner; and
(ii) any other person or body prescribed by the regulations,
and may consult with any other person or body that the Council thinks
appropriate; and
(c) engage children and young people, and their parents, carers and
families; and
(d) ensure an appropriate focus on the needs of priority population
groups; and
(e) develop performance indicators against which progress in relation to
the development and wellbeing of children and young people in the State can be
tracked over time.
Note—
Section 32 also
applies to the Council in respect of its functions under this section.
(5) The regulations may make further provisions with regard to the
Outcomes Framework including, without limiting the generality of this
subsection, provisions relating to—
(a) how the Outcomes Framework is to be prepared; and
(b) the form of the Outcomes Framework and any variation of the Outcomes
Framework; and
(c) the kinds of information to be included in the Outcomes Framework;
and
(d) consultation requirements relating to the Outcomes Framework;
and
(e) the consideration and approval of the Outcomes Framework by the
Minister; and
(f) requirements as to the ongoing review of the Outcomes Framework;
and
(g) variation or substitution of the Outcomes Framework.
(6) The Outcomes Framework, and any variation or substitution of the
Outcomes Framework, has effect from the time it is approved by the
Minister.
(7) The Council
must, on the Outcomes Framework, or a variation of the Outcomes Framework, being
approved by the Minister—
(a) cause the
Outcomes Framework or variation to be published in the Gazette; and
(b) cause the Outcomes Framework, as in force from time to time, to be
published on a website determined by the Minister; and
(c) ensure that copies of the Outcomes Framework are reasonably available
for inspection (without charge) and purchase by the public at a place or places
determined by the Minister.
The functions of the Minister under this Act are—
(a) to promote public awareness of the availability and quality of
services related to the development and wellbeing of children and young people;
and
(b) to work with the Commissioner for Children and Young People, the Child
Development Council and other bodies to foster and support the development and
wellbeing of children and young people; and
(c) to facilitate the coordination of services related to the development
and wellbeing of children and young people; and
(d) such other functions as may be assigned to the Minister by or under
this or any other Act.
(1) The Minister
may delegate a function or power under this Act (other than a prescribed
function or power) to a specified body or person (including a person for the
time being holding or acting in a specified office or position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the ability of the Minister to act in any
matter; and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A person to
whom a function has been delegated under
subsection (1)
who has a direct or indirect personal or pecuniary interest in any matter in
relation to which the person proposes to perform the functions must disclose the
nature of the interest in writing to the Minister.
Maximum penalty: $20 000.
(5) It is a defence to a charge of an offence against
subsection (4)
for the defendant to prove that he or she was not, at the time of the alleged
offence, aware of his or her interest in the matter.
Part 4—Commissioner
for Children and Young People
13—Commissioner
for Children and Young People
There will be a Commissioner for Children and Young People.
14—Terms
and conditions of appointment
(1) The Commissioner will be appointed by the Governor on the nomination
of the Minister for a term not exceeding 5 years and on conditions
determined by the Governor and, at the end of a term of appointment, will be
eligible for reappointment.
(2) The Minister
must, before nominating a person for appointment as Commissioner, call for
expressions of interest in accordance with a scheme determined by the Minister
for the purposes of this section.
(3) The Minister must, in relation to the scheme referred to in
subsection (2)—
(a) cause details
of the scheme to be published in the Gazette; and
(b) ensure that
details of the scheme are published on a website determined by the
Minister.
(4) The appointment of the Commissioner may be terminated by the Governor
on the ground that the Commissioner—
(a) has been guilty of misconduct; or
(b) has been convicted of an offence punishable by imprisonment;
or
(c) has become bankrupt or has applied to take the benefit of a law for
the relief of insolvent debtors; or
(d) has been disqualified from managing corporations under Chapter 2D
Part 2D.6 of the Corporations Act 2001 of the Commonwealth;
or
(e) has, because of mental or physical incapacity, failed to carry out
duties of the position satisfactorily; or
(f) is incompetent or has neglected the duties of the position.
(5) The
Commissioner must inform the Minister in writing of—
(a) any direct or indirect pecuniary interest that the Commissioner has or
acquires in any business, or in any body corporate carrying on a business, in
Australia or elsewhere; and
(b) any other direct or indirect interest that the Commissioner has or
acquires that conflicts, or may conflict, with his or her duties under this
Act.
(6) The
Commissioner must not, without the consent of the Minister, engage in any other
remunerated employment.
15—Appointment
of acting Commissioner
(1) The Minister may appoint a person (who may be a Public Service
employee) to act as the Commissioner during any period for
which—
(a) no person is for the time being appointed as the Commissioner;
or
(b) the Commissioner is absent from, or unable to discharge, official
duties.
(2) The terms and conditions of appointment of the person appointed to act
as the Commissioner will be determined by the Minister.
(1) The function of the Commissioner is to further the objects of this Act
and, in particular, to—
(a) promote and advocate for the rights and interests of children and
young people in South Australia; and
(b) promote the participation of children and young people in the making
of decisions that affect their lives; and
(c) guide, cooperate with and monitor State authorities in respect of the
rights, development and wellbeing of children and young people; and
(d) inquire into, and keep under review, matters related to the rights,
development and wellbeing of children and young people at a systemic level;
and
(e) prepare and publish reports on matters related to the rights,
development and wellbeing of children and young people at a systemic level;
and
(f) monitor the way in which State authorities investigate or otherwise
deal with complaints made by, or in relation to, children and young people and
the outcome of such complaints; and
(g) monitor trends in complaints made by, or in relation to, children and
young people to State authorities; and
(h) advise, and make recommendations to, Ministers, State authorities and
other bodies on matters related to the rights, development and wellbeing of
children and young people at a systemic level; and
(i) assist in ensuring that the State, as part of the Commonwealth,
satisfies its international obligations in respect of children and young people;
and
(j) undertake such other functions as may be conferred on the Commissioner
by or under this or any other Act or by the Minister.
(2) Without limiting
any other provision of this Act, the Commissioner should engage children and
young people in the performance of his or her functions under this Act, and in
particular should seek to engage those groups of children and young people whose
ability to make their views known is limited for any reason.
(3) The Commissioner must develop or adopt and keep under review a
strategy for ensuring that the requirements under
subsection (2)
are satisfied.
(1) Subject to this section, the Commissioner may delegate a function or
power under this Act (other than a prescribed function or power) to any person
or body of persons that is, in the Commissioner'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.
The Commissioner and any other person appointed to act as the Commissioner
are senior officials for the purposes of the Public
Sector (Honesty and Accountability) Act 1995.
19—Commissioner
may require information
(1) The
Commissioner may, by notice in writing, require a State authority to give the
Commissioner information in its possession that the Commissioner requires for
the performance of his or her functions under this Act.
(2) A State authority must give the specified information to the
Commissioner within the period specified in the notice.
(3) If a State authority refuses or fails to comply with a notice under
subsection (1),
the Commissioner may, after consultation with the State
authority—
(a) report the refusal or failure to the Minister and to the Minister
responsible for the State authority; and
(b) include details of the refusal or failure in the annual report of the
Commissioner.
(4) The Minister may, by notice in writing, exempt a specified person or
body, or persons or bodies of a specified class, from the operation of this
section.
(5) An exemption—
(a) may be conditional or unconditional; and
(b) may be varied or revoked by the Minister by further notice in
writing.
(1) The Commissioner
may, after inquiring into and considering a matter, prepare and present a report
on the matter to the Minister.
(2) The Minister must cause a copy of a report under
subsection (1) to be
laid before both Houses of Parliament within 12 sitting days after
receiving the report.
(3) The Minister must,
on being presented with a report under this section that contains
recommendations that specified action be taken, respond in writing to the
Commissioner in respect of the report and include in the
response—
(a) which (if any) recommendations of the Commissioner will be carried out
and the manner in which they will be carried out; and
(b) which (if any) recommendations of the Commissioner will not be carried
out and the reasons for not carrying them out.
(4) A response under
subsection (3) must
be given to the Commissioner within such period as may be agreed between the
Minister and the Commissioner.
(5) The Minister must cause a copy of a response under
subsection (3) to be
laid before both Houses of Parliament within 12 sitting days after giving
the response to the Commissioner.
(6) The Commissioner may, once a report or response has been laid before
each House of Parliament and after consultation with the Minister, publish all
or part of the report or response in any manner the Commissioner thinks
fit.
21—Use
of staff etc of Public Service
The Commissioner 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.
Part 5—Child
Development Council
22—Establishment
of Child Development Council
(1) The Child Development Council is established.
(2) The Council
consists of up to 12 members appointed by the Governor on the nomination of
the Minister, being persons who collectively have, in the opinion of the
Minister, the knowledge, skills and experience necessary to enable the Council
to carry out its functions effectively.
(3) The Minister
must, before nominating a person for appointment to the Council, call for
expressions of interest under a scheme determined by the Minister for the
purposes of this section.
(4) The Minister must, in relation to the scheme referred to in
subsection (3)—
(a) cause details
of the scheme to be published in the Gazette; and
(b) ensure that
details of the scheme are published on a website determined by the
Minister.
(5) The Minister may, before nominating a person for appointment to the
Council, call for nominations from any non-government organisation that should,
in the Minister's opinion, be represented on the Council.
(6) In nominating the members of the Council, the Minister should, as far
as is reasonably practicable—
(a) endeavour to achieve a gender balance on the Council; and
(b) ensure broad representation from across the community; and
(c) ensure that Aboriginal people are appropriately represented on the
Council.
(7) The Governor may, on the nomination of the Minister, appoint a person
to be the deputy of a member of the Council.
(8) A deputy may act as a member of the Council during any period of
absence of the member in relation to whom the deputy has been
appointed.
23—Presiding
member and deputy presiding member
The Minister must appoint 1 of the members of the Council to be the
presiding member of the Council and 1 to be the deputy presiding
member.
24—Terms
and conditions of membership
(1) Subject to this section, a member of the Council will hold office on
conditions determined by the Governor for a term, not exceeding 3 years,
specified in the instrument of appointment and is, at the expiration of a term
of office, eligible for reappointment.
(2) A member of the
Council cannot hold office for consecutive terms that exceed 9 years in
total.
(3) The Governor
may remove a member of the Council from office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for mental or physical incapacity to carry out duties of office
satisfactorily; or
(c) for neglect of duty; or
(d) for dishonourable conduct.
(4) The office of a member of the Council becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice addressed to the Minister; or
(d) is found guilty of a prescribed offence; or
(e) is removed from office by the Governor under
subsection (3).
A member of the Council is entitled to fees, allowances and expenses
approved by the Governor.
An act or proceeding of the Council is not invalid by reason only of a
vacancy in its membership or a defect in the appointment of a member.
(1) The Council may
delegate a function or power under this Act (other than a prescribed function or
power)—
(a) to a member of the Council; or
(b) to a committee established by the Council; or
(c) to a specified body or person (including a person for the time being
holding or acting in a specified office or position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the ability of the Council to act in any
matter; and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A person to
whom a function has been delegated under
subsection (1)
who has a direct or indirect personal or pecuniary interest in any matter in
relation to which the person proposes to perform the functions must disclose the
nature of the interest in writing to the Council.
Maximum penalty: $20 000.
(5) It is a defence to a charge of an offence against
subsection (4)
to prove that the defendant was not, at the time of the alleged offence, aware
of his or her interest in the matter.
(1) The Council may establish committees—
(a) to advise the Council; or
(b) to carry out functions on behalf of the Council.
(2) The membership of a committee will be determined by the Council and
may, but need not, consist of, or include, members of the Council.
(3) The Council will determine who will be the presiding member of a
committee.
(4) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined
by the Council; and
(b) insofar as a procedure is not determined under
paragraph (a)—as
determined by the committee.
(1) Subject to this Act, a quorum of the Council consists of one half the
total number of its members (ignoring any fraction resulting from the division)
plus 1.
(2) The Council must meet at least 6 times in any calendar
year.
(3) A meeting of the Council will be chaired by the presiding member or,
in his or her absence, by the deputy presiding member and, in the absence of
both the presiding member and the deputy presiding member, the members present
at a meeting of the Council must choose 1 of their number to preside at the
meeting.
(4) A decision carried by a majority of the votes cast by members of the
Council at a meeting is a decision of the Council.
(5) Each member present at a meeting of the Council has 1 vote on any
question arising for decision (but, to avoid doubt, the member presiding at the
meeting does not have a casting vote if the votes are equal).
(6) A conference by
telephone or other electronic means between the members of the Council will, for
the purposes of this section, be taken to be a meeting of the Council at which
the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Council for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(7) A proposed
resolution of the Council becomes a valid decision of the Council despite the
fact that it is not voted on at a meeting of the Council if—
(a) notice of the proposed resolution is given to all members of the
Council in accordance with procedures determined by the Council; and
(b) a majority of the members express concurrence in the proposed
resolution by letter, fax, email or other written communication setting out the
terms of the resolution.
(8) The Council must have accurate minutes kept of its meetings.
(9) Subject to this Act, the Council may determine its own
procedures.
30—Commissioner
or representative may attend meetings of Council
The Commissioner, or a person authorised in writing by the
Commissioner—
(a) may attend and take part in discussions at any meeting of the Council;
and
(b) may have access to papers provided to members for the purposes of any
meeting of the Council,
but does not have a vote on any question arising for decision at a meeting
of the Council.
31—Conflict
of interest under Public Sector (Honesty and
Accountability) Act 1995
A member of the Council will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public
Sector (Honesty and Accountability) Act 1995 by reason only of the
fact that the member has an interest in the matter that is shared in common with
persons involved in the development and wellbeing of children and young people
generally, or a substantial section of persons involved in the development and
wellbeing of children and young people.
Note—
The Public
Sector (Honesty and Accountability) Act 1995 imposes duties of
honesty and accountability on public sector office holders, including members of
the Council.
(1) The primary
function of the Council is to prepare and maintain the Outcomes Framework for
Children and Young People.
(2) The Council has the following additional functions:
(a) to advise and report to the Government on the effectiveness of the
Outcomes Framework in—
(i) keeping children and young people safe from harm; and
(ii) ensuring that children and young people are cared for in a way that
allows them to realise their potential; and
(iii) improving the physical and mental health, and the emotional
wellbeing, of children and young people; and
(iv) improving the participation of children and young people in
educational and vocational training; and
(v) improving the participation of children and young people in sporting,
creative, cultural and other recreational activities; and
(vi) ensuring that children and young people are properly prepared for
taking their position in society as responsible citizens; and
(vii) maintaining the cultural identity of children and young
people;
(b) to prepare and provide such other reports to the Minister as may be
required under this or any other Act;
(c) to promote the implementation of the Outcomes Framework in respect of
matters affecting children and young people under all Acts and laws of the
State;
(d) such other functions as may be assigned to the Council under this or
any other Act or by the Minister.
(3) In performing the functions under this section, the Council should, as
far as is reasonably practicable, seek to work collaboratively
with—
(a) State authorities and Commonwealth agencies that have functions that
are relevant to those of the Council; and
(b) relevant industry, professional and community groups and
organisations.
33—Council
may require information
(1) The Council
may, by notice in writing, require a State authority to give the Council
information in its possession that the Council requires for the performance of
its functions under this Act.
(2) A State authority must give the specified information to the Council
within the period specified in the notice.
(3) If a State authority refuses or fails to comply with a notice under
subsection (1),
the Council may, after consultation with the State authority—
(a) report the refusal or failure to the responsible Minister and to the
Premier; and
(b) include details of the refusal or failure in the annual report of the
Council.
(4) The Minister may, by notice in writing, exempt a specified person or
body, or persons or bodies of a specified class, from the operation of this
section.
(5) An exemption—
(a) may be conditional or unconditional; and
(b) may be varied or revoked by the Minister by further notice in
writing.
34—Use
of Staff etc of Public Service
The Council may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
staff, equipment or facilities of that administrative unit.
(1) A person
engaged or formerly engaged in the administration of this Act must not divulge
or communicate personal information obtained (whether by that person or
otherwise) in the course of official duties except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) with the consent of the person to whom the information relates;
or
(c) in connection with the administration or enforcement of this or any
other Act; or
(d) to an agency or instrumentality of this State, the Commonwealth or
another State or a Territory of the Commonwealth for the purposes of the proper
performance of its functions.
Maximum penalty: $10 000.
(2)
Subsection (1)
does not prevent disclosure of statistical or other data that could not
reasonably be expected to lead to the identification of any person to whom it
relates.
(3) Information that has been disclosed under
subsection (1)
for a particular purpose must not be used for any other purpose
by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $10 000.
(4) The regulations may make further provision in respect of the
disclosure of information obtained in the course of the administration of this
Act.
(1) A notice or
document required or authorised to be given or sent to, or served on, a person
for the purposes of this Act may—
(a) be given to the person personally; or
(b) be posted in an envelope addressed to the person at the person's last
known residential, business or (in the case of a corporation) registered
address; or
(c) be left for the person at the person's last known residential,
business or (in the case of a corporation) registered address with someone
apparently over the age of 16 years; or
(d) be transmitted by fax or email to a fax number or email address
provided by the person (in which case the notice or document will be taken to
have been given or served at the time of transmission).
(2) Without limiting the effect of
subsection (1),
a notice or other document required or authorised to be given or sent to, or
served on, a person for the purposes of this Act may, if the person is a company
or registered body within the meaning of the Corporations Act 2001
of the Commonwealth, be served on the person in accordance with that
Act.
(1) The Minister
must cause a review of the operation of this Act to be conducted, and a report
on the results of the review submitted to the Minister, before the fifth
anniversary of the commencement of this Act.
(2) The Minister must cause a copy of the report submitted under
subsection (1)
to be laid before both Houses of Parliament within 12 sitting days after
receiving the report.
(1) The Governor
may make such regulations as are contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) Without
limiting
subsection (1),
the regulations may require the provision of information, returns or reports to
the Minister, the Commissioner, the Council or other specified person or
body.
(3) The regulations may—
(a) be of general application or vary in their application according to
prescribed factors;
(b) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister, the
Commissioner, the Council or other specified person or body.
(4) The regulations may refer to or incorporate, wholly or partially and
with or without modification, a code, standard or other document prepared or
published by a specified person or body, either as in force at the time the
regulations are made or as in force from time to time.
(5) If a code, standard or other document is referred to or incorporated
in the regulations—
(a) a copy of the code, standard or other document must be kept available
for public inspection, without charge and during ordinary office hours, at an
office or offices specified in the regulations; and
(b) evidence of the contents of the code, standard or other document may
be given in any legal proceedings by production of a document apparently
certified by the Minister to be a true copy of the code, standard or other
document.
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Children's Protection
Act 1993
Part 7B—delete the Part
Part 3—Amendment of Freedom of Information
Act 1991
3—Amendment
of Schedule 2—Exempt agencies
Schedule 2—after paragraph (eb) insert:
(ec) the Commissioner for Children and Young People;