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Commonwealth Commissioner for Children and Young People Bill 2010

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7191

2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Commonwealth Commissioner for Children and Young People Bill 2010

 

 

(1)     Title, page 1 (lines 1 and 2), omit “ an independent Office of the ”, substitute “ the office of ”.

[Commissioner part of Australian Human Rights Commission]

(2)     Clause 3, page 2 (lines 14 to 16), omit subclause (1), substitute:

             (1)  The object of this Act is to establish the office of Commonwealth Commissioner for Children and Young People as part of the Australian Human Rights Commission.

[Commissioner part of Australian Human Rights Commission]

(3)     Clause 5, page 4 (after line 6), after the definition of children and young people , insert:

Commission means the Australian Human Rights Commission.

[Commissioner part of Australian Human Rights Commission]

(4)     Clause 5, page 4 (lines 7 and 8), omit the definition of Commissioner , substitute:

Commissioner means the Commonwealth Commissioner for Children and Young People appointed under section 13.

[Commissioner part of Australian Human Rights Commission]

(5)     Page 4 (after line 14), at the end of Part 1, add:

7A  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

[Commissioner part of Australian Human Rights Commission]

(6)     Heading to Part 2, page 5 (line 1), omit “ Office of the ”.

[Commissioner part of Australian Human Rights Commission]

(7)     Clause 8, page 5 (lines 5 to 20), omit the clause, substitute:

8   Establishment

             (1)  The office of Commonwealth Commissioner for Children and Young People is established by this section.

             (2)  The Commonwealth Commissioner for Children and Young People is a Commissioner of the Australian Human Rights Commission.

[Commissioner part of Australian Human Rights Commission]

(8)     Heading to Division 2, page 6 (line 1), omit “ and powers ”.

(9)     Heading to clause 9, page 6 (line 2), omit the heading, substitute:

9   Functions of the Commission that are to be performed by the Commissioner

[Commissioner part of Australian Human Rights Commission]

(10)   Clause 9, page 6 (line 3), omit “The functions of the Commissioner are as follows:”, substitute “The following functions are conferred on the Commission and are to be performed by the Commissioner on behalf of the Commission:”.

[Commissioner part of Australian Human Rights Commission]

(11)   Clause 9, page 6 (lines 15 to 21), omit paragraphs (1)(d) and (e).

[immigration detention]

(12)   Clause 9, page 6 (lines 31 and 32), omit paragraph (1)(j), substitute:

                      (j)  undertaking any other function conferred on the Commission by this Act or any other law, that is to be performed by the Commissioner on behalf of the Commission.

[Commissioner part of Australian Human Rights Commission]

(13)   Clause 9, page 7 (lines 1 to 3), omit subclause (2).

[Commissioner part of Australian Human Rights Commission]

(14)   Clause 9, page 7 (line 4), omit “the functions and powers of”, substitute “the functions conferred on the Commission and performed by”.

[Commissioner part of Australian Human Rights Commission]

(15)   Clause 10, page 7 (line 12), omit “In performing the Commissioner’s functions,”, substitute “In performing on behalf of the Commission the functions conferred under section 9,”.

[Commissioner part of Australian Human Rights Commission]

(16)   Clause 10, page 7 (line 18), omit “the Office of”, substitute “that”.

[Commissioner part of Australian Human Rights Commission]

(17)   Clause 11, page 7 (line 27) to page 8 (line 2), omit the clause, substitute:

11   Commissioner independent of Minister

             (1)  In performing the functions:

                     (a)  conferred on the Commission under section 9; and

                     (b)  conferred on the Commissioner under section 25;

the Commissioner:

                     (c)  must act in a way that promotes and protects the rights, interests and well-being of children and young people; and

                     (d)  is not under the control or direction of the Minister.

             (2)  The Commissioner may report to the Parliament on any matter related to the performance of the functions conferred on the Commission under section 9.

[independence of Commissioner]

(18)   Clause 12, page 8 (line 10), omit “the Office of”.

[Commissioner part of Australian Human Rights Commission]

(19)   Heading to Part 3, page 9 (lines 1 and 2), omit the heading, substitute:

Part 3 Appointment of the Commissioner

[Commissioner part of Australian Human Rights Commission]

(20)   Clause 13, page 9 (line 5), omit “Commissioner”, substitute “Commonwealth Commissioner for Children and Young People”.

[technical correction]

(21)   Clause 13, page 9 (lines 9 to 11), omit all the words from “A person” to “that:”, substitute “Before the Governor-General appoints a person as the Commonwealth Commissioner for Children and Young People, the Minister must be satisfied that:”.

[technical correction]

(22)   Clause 20, page 11 (lines 24 and 25), omit subclause (2).

[technical correction]

(23)   Clause 20, page 11 (line 29) to page 12 (line 5), omit subclause (4) and the note, substitute:

Note:          See sections 20, 33AB and 33A of the Acts Interpretation Act 1901 .

[technical correction]

(24)   Clause 22, page 12 (lines 11 to 24), omit the clause, substitute:

22   Delegation

             (1)  The Commission may, by writing under its seal, delegate to a member of its staff, or to another person, all or any of the powers conferred on the Commission under this Act.

             (2)  The Commissioner may, by writing signed by the Commissioner, delegate to a member of the staff of the Commission approved by the Commission, or to another person approved by the Commission, all or any of the powers exercisable by the Commissioner under this Act.

[Commissioner part of Australian Human Rights Commission]

(25)   Division 2, clauses 23 and 24, page 13 (lines 1 to 8), omit the Division, substitute:

Division 2 Miscellaneous

23   Commissioner may obtain information from government agencies

             (1)  If the Commissioner has reason to believe that a government agency has information or a document relevant to the performance by the Commissioner of functions under this Act, the Commissioner may give a written notice to the agency requiring the agency:

                     (a)  to give the information to the Commissioner in writing signed by or on behalf of the agency; or

                     (b)  to produce the document to the Commissioner.

             (2)  The notice must state:

                     (a)  the place at which the information or document is to be given or produced to the Commissioner; and

                     (b)  the time at which, or period within which, the information or document is to be given or produced.

             (3)  A government agency must not, in response to a requirement under this section:

                     (a)  give information in a manner that would reveal the identity of a particular individual; or

                     (b)  produce a document that reveals the identity of a particular individual;

unless the individual has consented to the giving of the information or the production of the document.

             (4)  If:

                     (a)  subsection (3) would prevent a government agency from complying with a requirement under this section to produce a document; and

                     (b)  the agency is able to provide a copy of the document that has had deleted from it the information that would reveal the identity of the individual concerned;

the agency must comply with the requirement by producing a copy with that information deleted.

             (5)  In this section:

government agency means:

                     (a)  an authority of the Commonwealth, or of a State or Territory; or

                     (b)  a person who performs the functions of, or performs functions within, an authority of the Commonwealth, or of a State or Territory.

24   Commissioner must give information to the Commission

                   The Commissioner must give to the Commission such information as the Commission from time to time requires relating to the operations of the Commissioner under this Act.

[technical amendment]

(26)   Clause 25, page 14 (lines 2 to 19), omit the clause, substitute:

25   Report to the United Nations Committee on the Rights of the Child

             (1)  The Commissioner has the additional function of preparing reports to the United Nations Committee on the Rights of the Child on the implementation of the United Nations Convention on the Rights of the Child in Australia.

             (2)  The report by the Commissioner under subsection (1) is in addition to any other report prepared by the Minister to the United Nations Committee on the Rights of the Child on behalf of Australia

[independence of Commissioner]

(27)   Clause 26, page 14 (lines 20 to 28), clause TO BE OPPOSED .

[Commissioner part of Australian Human Rights Commission]

(28)   Clause 28, page 15 (lines 12 to 14), clause TO BE OPPOSED .

[Commissioner part of Australian Human Rights Commission]

(29)   Clause 29, page 15 (lines 15 to 23), clause TO BE OPPOSED .

[Commissioner part of Australian Human Rights Commission]

(30)   Page 15 (after line 28), at the end of the bill, add:

Schedule 1—Amendment of the Australian Human Rights Commission Act 1986

 

1  After paragraph 8(1)(e)

Insert:

                    (ea)  the Commonwealth Commissioner for Children and Young People; and

2  Subsection 8(7)

After “Age Discrimination Commissioner”, insert “, Commonwealth Commissioner for Children and Young People”.

3  Paragraph 11(1)(a)

After “ Age Discrimination Act 2004 ,”, insert “the Commonwealth Commissioner for Children and Young People Act 2012 ,”.

4  Subsection 19(6)

Omit “or the Age Discrimination Act 2004 ”, substitute “the Age Discrimination Act 2004 or the Commonwealth Commissioner for Children and Young People Act 2012 ”.

5  At the end of subsection 46PV(6)

Add:

             ; and (g)  the Commonwealth Commissioner for Children and Young People.

[Commissioner part of Australian Human Rights Commission]