CHAPTER 1


CHAPTER 1

Introduction

1.1        On 23 May 2012, the Senate referred the provisions of the Australian Human Rights Commission Amendment (National Children's Commissioner) Bill 2012 (the Bill) to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 18 June 2012.  

Background

1.2        In 2009, the Australian Government delivered the National Framework for Protecting Australia's Children, the first such framework in Australia. The framework aims to deliver a reduction in the levels of child abuse and neglect, and outlines a long-term approach to ensuring the safety and wellbeing of the nation's children.[1]

1.3        In her second reading speech on the Bill, the Attorney-General, the Hon Nicola Roxon MP, explained that the Bill's basic principle is that every child is a valued member of society, and, as such, children and young people need to be given an independent voice on the national stage.[2]

1.4        While all states and territories in Australia already have a children's commissioner or guardian, many of the issues facing vulnerable children—such as abuse, violence and access to justice—have a national dimension and may benefit from being analysed and addressed from a national perspective. The introduction of the Bill is a recognition that more can be done at the national level to promote the interests and wellbeing of Australia's children.

Overview of the Bill

1.5        The Bill seeks to amend the Australian Human Rights Commission Act 1986 (the AHRC Act) to create the office of the National Children's Commissioner.

1.6        The AHRC Act establishes the Australian Human Rights Commission (AHRC) and its functions in relation to a range of international instruments, including the Convention on the Rights of the Child (the CRC). The AHRC currently has six commissioners:

  • Aboriginal and Torres Strait Islander Social Justice Commissioner
  • Age Discrimination Commissioner
  • Disability Discrimination Commissioner
  • Human Rights Commissioner
  • Race Discrimination Commissioner, and
  • Sex Discrimination Commissioner.

1.7        The new office the Bill seeks to establish would add to this number, positioning the new National Children's Commissioner within the Australian Human Rights Commission. The new commissioner's functions would be similar to those of the Aboriginal and Torres Strait Islander Social Justice Commissioner.[3]

1.8        The objectives of establishing this new office are to:

  • improve advocacy at a national level for the rights, wellbeing and development of children and young people up to the age of 18 years;
  • improve monitoring, by examination of enactments and proposed enactments of Commonwealth laws affecting the rights, wellbeing and development of children and young people;
  • promote cooperation between the Commonwealth, States and Territories to promote the rights, wellbeing and development of children and young people;
  • encourage the active involvement of children and young people in decisions that affect them, particularly administrative decisions and development of Government policies, programs and legislation;
  • support Government agencies to develop mechanisms which enhance the active involvement of children and young people; and
  • assist Australia in meeting its international obligations by promoting and advancing the rights of the child, in particular as enshrined in the Convention on the Rights of the Child.[4]

Key provisions

1.9        The Bill has one Schedule, which contains provisions to establish the position of the National Children's Commissioner, set out the functions of the new office and appointment terms and conditions.

1.10      The office is established by Item 5 of the Bill, which inserts a new Part IIAA into the AHRC Act. The position of the National Children's Commissioner is established by new section 46MA.

1.11      The functions of the new role and office are also set out in Item 6, through new section 46MB.

1.12      New subsection 46MB(4) provides the National Children's Commissioner with a discretion to focus on particular groups of children when performing his or her functions. These would be children who are particularly vulnerable or at risk, such as those with a disability, Aboriginal and Torres Strait Islander children, homeless children, or children who are witnessing or subjected to violence.[5]

1.13      The National Children's Commissioner would be given the ability to consult with appropriate persons and organisations, including children, by new subsection 46MB(5).

1.14      New subsection 46MB(6) stipulates that the new commissioner must have regard to a number of international instruments.

1.15      Administrative provisions are outlined in new Divisions 2 and 3, while new Division 4 sets out a number of miscellaneous features of the legislation, including provisions relating to the obtaining and use of information.

1.16      The Explanatory Memorandum sets out these and other provisions of the Bill in detail. Chapter 2 of the committee's report will consider key issues as identified by submitters.

Conduct of the inquiry

1.17      Details of the inquiry, including links to the Bill and associated documents, were placed on the committee's website. The committee also wrote to a number of organisations and individuals, inviting submissions by 1 June 2012.

1.18      The committee received 59 submissions, which are listed at Appendix 1. All submissions were published on the committee's website.

1.19      The committee held a public hearing on 8 June 2012. A list of witnesses who appeared at the hearing is at Appendix 2, and the Hansard transcript is available through the committee's website.

Acknowledgement

1.20      The committee thanks those organisations and individuals who made submissions and gave evidence at the public hearing.

Note on references

1.21      References to the committee Hansard are to the proof Hansard. Page numbers may vary between the proof and the official Hansard transcript.

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