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Commonwealth Commissioner for Children and Young People Bill 2010

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Commonwealth Commissioner for Children and Young People Act 2010 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Sections 3 to 30

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3   Object

             (1)  The object of this Act is to establish an independent statutory office of Commonwealth Commissioner for Children and Young People.

             (2)  The Commissioner will:

                     (a)  advocate at a national level for the needs, views and rights of people below the age of 18; and

                     (b)  monitor the development and application of laws affecting children and young people; and

                     (c)  co-ordinate related policies, programs and funding across Australia, which impact on children and young people; and

                     (d)  proactively involve children and young people in the decisions that affect them.

             (3)  The Parliament intends the establishment of the Commissioner as a measure to assist Australia in meeting its international obligations under the United Nations Convention on the Rights of the Child, particularly as they relate to the following Articles:

                     (a)  non-discrimination in the applicability of children’s rights (Article 2);

                     (b)  the primacy of the consideration of the child’s best interests (Article 4);

                     (c)  the child’s right to survival and development (Article 6(1));

                     (d)  the child’s right to participation in decision-making (Article 12).

4   Principles underlying this Act

                   The following principles, drawn from the United Nations Convention on the Rights of the Child, are to be applied in exercising powers and performing duties under this Act:

                     (a)  every child is a valued member of society; and

                     (b)  the family has the primary responsibility for the upbringing and development of its children and should be supported in that role; and

                     (c)  every child is entitled to be protected from abuse, exploitation and discrimination; and

                     (d)  every child is entitled to form and express views and have those views taken into account in a way that has regard to the child’s age and maturity; and

                     (e)  in decisions involving a child, the child’s best interests are of primary concern.

5   Definitions

             (1)  In this Act:

child , used in relation to the United Nations Convention on the Rights of the Child, means a person below the age of 18 years.

children and young people includes all people below the age of 18 years.

Commissioner means the Commonwealth Commissioner for Children and Young People established under section 8.

6   Operation of State and Territory laws

                   This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.

7   Extension to external Territories

                   This Act extends to every external Territory.