2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Ms Meredith Hunter) Children and Young People (Death Review) Amendment Bill 2010 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 New chapter 19A 2 5 Dictionary, new definitions 12 J2010-229 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Ms Meredith Hunter) Children and Young People (Death Review) Amendment Bill 2010 A Bill for An Act to amend the Children and Young People Act 2008 The Legislative Assembly for the Australian Capital Territory enacts as follows: J2010-229 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the Children and Young People (Death Review) 3 Amendment Act 2010. 4 2 Commencement 5 This Act commences 3 months after its notification day. 6 Note The naming and commencement provisions automatically commence on 7 the notification day (see Legislation Act, s 75 (1)). 8 3 Legislation amended 9 This Act amends the Children and Young People Act 2008. 10 4 New chapter 19A 11 insert 12 Chapter 19A Children and Young People 13 Death Review Committee 14 Part 19A.1 Establishment and functions of 15 committee 16 727A Establishment of committee 17 The Children and Young People Death Review Committee (the CYP 18 death review committee) is established. page 2 Children and Young People (Death Review) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 727B Functions of committee 2 The CYP death review committee has the following functions: 3 (a) to keep a register of deaths of children and young people under 4 part 19A.3; 5 (b) to identify patterns and trends in relation to the deaths of 6 children and young people; 7 (c) to undertake research that aims to help prevent or reduce the 8 likelihood of the death of children and young people; 9 (d) to identify areas requiring further research by the committee or 10 another entity in relation to the deaths of children and young 11 people; 12 (e) to make recommendations about legislation, policies, practices 13 and services for implementation by the Territory and 14 non-government bodies to help prevent or reduce the 15 likelihood of the death of children and young people; 16 (f) to monitor the implementation of the committee's 17 recommendations; 18 (g) to report to the Minister under part 19A.4; 19 (h) any other function given to the committee under this chapter. 20 727C Committee members 21 The CYP death review committee is made up of-- 22 (a) the chief executive; and 23 (b) the children and young people commissioner; and 24 (c) the members appointed by the Minister under section 727D; 25 and 26 (d) the chair appointed under section 727E. Children and Young People (Death Review) Amendment page 3 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 727D Appointment of committee members 2 (1) The Minister must appoint 1 of each of the following as a member 3 of the CYP death review committee: 4 (a) a psychologist who is registered under the Health Practitioner 5 Regulation National Law (ACT) Act 2010 to practice 6 psychology, and has experience in child health and 7 development; 8 (b) a paediatrician with experience in child forensic medicine; 9 (c) a health practitioner with experience in working with children 10 and young people and families in a community setting; 11 (d) someone with expertise and experience in designing and 12 modifying products and systems in relation to safety; 13 Example 14 industrial design engineer 15 Note An example is part of the Act, is not exhaustive and may extend, 16 but does not limit, the meaning of the provision in which it 17 appears (see Legislation Act, s 126 and s 132). 18 (e) a teacher who holds, or someone within the administrative unit 19 responsible for the Education Act 2004 who has held, an 20 executive position in a school; 21 Examples 22 principal or deputy principal of a school, head of a school department 23 (f) a social worker with expertise and experience working with 24 children and young people and families in a community 25 setting, and who is a member of a professional body 26 representing social workers; 27 Example--professional body 28 Australian Association of Social Workers page 4 Children and Young People (Death Review) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (g) someone nominated by the Aboriginal and Torres Strait 2 Islander Elected Body, under the Aboriginal and Torres Strait 3 Islander Elected Body Act 2008, to represent the interests of 4 Aboriginal and Torres Strait Islander children and young 5 people; 6 (h) a senior manager of the administrative unit responsible for 7 administering the Health Act 1993, part 3. 8 Note 1 For the making of appointments (including acting appointments), see 9 the Legislation Act, pt 19.3. 10 Note 2 In particular, a person may be appointed for a particular provision of a 11 law (see Legislation Act, s 7 (3)) and an appointment may be made by 12 naming a person or nominating the occupant of a position (see 13 Legislation Act, s 207). 14 Note 3 Certain Ministerial appointments require consultation with an Assembly 15 committee and are disallowable (see Legislation Act, div 19.3.3). 16 (2) However, if it is not reasonably practicable to appoint a person 17 mentioned in subsection (1) to the committee, the Minister need not 18 appoint someone until it is reasonably practicable to appoint a 19 person. 20 (3) The appointment of a member under subsection (1) is for the term 21 stated in the appointment. 22 (4) The conditions of appointment of a member under subsection (1) are 23 the conditions stated in the appointment. 24 727E Appointment of chair of committee 25 (1) The Minister must appoint someone as the chair of the CYP death 26 review committee. 27 (2) However, the chair must not be someone who is otherwise a 28 member of the CYP death review committee. 29 (3) The appointment of the chair is for the term stated in the 30 appointment. Children and Young People (Death Review) Amendment page 5 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (4) The conditions of appointment of the chair are the conditions stated 2 in the appointment. 3 727F Ending member appointments 4 The Minister may end the appointment of a member of the CYP 5 death review committee appointed under section 727D or the 6 chair-- 7 (a) for misbehaviour; or 8 (b) if the member is convicted, or found guilty, in Australia of an 9 indictable offence; or 10 (c) if the member is convicted, or found guilty, outside Australia 11 of an offence that, if it had been committed in the ACT, would 12 be an indictable offence; or 13 (d) if the member is absent from 3 consecutive meetings of the 14 committee, otherwise than on approved leave; or 15 (e) for physical or mental incapacity, if the incapacity substantially 16 affects the exercise of the member's functions. 17 Note A person's appointment also ends if the person resigns (see Legislation 18 Act, s 210). 19 727G Arrangements for staff 20 (1) The chief executive must, on request of the CYP death review 21 committee, make arrangements with the committee to use public 22 servants in the administrative unit under the chief executive's 23 control. 24 Note The chief executive means the chief executive of the administrative unit 25 responsible for this section (see Legislation Act, s 163 (References to a 26 chief executive or the chief executive)). Administrative units are 27 established under the administrative arrangements (see Public Sector 28 Management Act 1994, s 13). page 6 Children and Young People (Death Review) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (2) The Public Sector Management Act 1994 applies to the management 2 by the committee of public servants who are the subject of an 3 arrangement under subsection (1). 4 Part 19A.2 Meetings of committee 5 727H Meetings 6 (1) The CYP death review committee must meet at least 4 times each 7 year. 8 (2) The chair must give the committee at least 14 days written notice of 9 a meeting. 10 727I Presiding member at meetings 11 The chair presides at all meetings of the CYP death review 12 committee. 13 727J Quorum at meetings 14 (1) Business may be carried on at a meeting of the CYP death review 15 committee only if at least ¾ of the members (other than the chair) 16 are present. 17 (2) A member must not be represented at a meeting by anyone else. 18 727K Voting at meetings 19 (1) At a meeting of the CYP death review committee, each member, 20 other than the chair, has a vote on each question to be decided. 21 (2) A question is decided by a majority of the votes of the members 22 present and voting. Children and Young People (Death Review) Amendment page 7 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Part 19A.3 Register of deaths of children 2 and young people 3 727L Children and young people deaths register 4 (1) The CYP death review committee must keep a register (the children 5 and young people deaths register) of-- 6 (a) the deaths of children and young people that occur in the ACT; 7 and 8 (b) the deaths that occur outside the ACT of children and young 9 people who normally live in the ACT. 10 Note Information in the register is protected information (see ch 25). 11 (2) The register must include the following information in relation to 12 the death of a child or young person that is available to the CYP 13 death review committee: 14 (a) the cause of the death of the child or young person; 15 (b) the age and sex of the child or young person; 16 (c) whether the child or young person is Aboriginal or a Torres 17 Strait Islander; 18 (d) whether the child or young person was-- 19 (i) identified under this Act as being in need of care and 20 protection within the 3 years before his or her death; or 21 (ii) the sibling of a child or young person identified under 22 this Act as being in need of care and protection; 23 (e) anything else prescribed by regulation. 24 (3) The register may contain-- 25 (a) any other demographic data available to the CYP death review 26 committee; and page 8 Children and Young People (Death Review) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (b) any information about a child or young person, or the 2 circumstances of the child or young person's death, that the 3 committee considers relevant to exercise its reporting functions 4 under part 19A.4; and 5 (c) anything else the committee considers relevant. 6 (4) The CYP death review committee-- 7 (a) must index the deaths on the register according to cause of 8 death and age and sex of the children and young people; and 9 (b) may also index the deaths in any other way the committee 10 considers relevant. 11 727M Power to ask for information, documents and other 12 things 13 (1) This section applies if the CYP death review committee believes on 14 reasonable grounds that a person can give information or produce a 15 document or something else that the committee considers necessary 16 to allow it to exercise its functions. 17 (2) The CYP death review committee may, by written notice given to 18 the person, require the person to give the information in writing or 19 produce the document or other thing. 20 (3) The notice must state how, and the time within which, the person 21 must comply with the requirement. 22 (4) A person commits an offence if-- 23 (a) the person is required by a notice under this section to give 24 information in writing or produce a document or other thing to 25 the CYP death review committee; and Children and Young People (Death Review) Amendment page 9 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (b) the person fails to give the information or produce a document 2 or other thing to the committee as required. 3 Maximum penalty: 50 penalty units. 4 Note 1 The Legislation Act, s 170 and s 171 deal with the application of the 5 privilege against selfincrimination and client legal privilege. 6 Note 2 Giving false information is an offence against the Criminal Code, s 338. 7 (5) Subsection (4) does not apply if the person has a reasonable excuse 8 for failing to give the information or produce the document or other 9 thing to the CYP death review committee as required. 10 727N Children and young people deaths register--who may 11 have access? 12 (1) The CYP death review committee must ensure that the register is 13 accessed only by the following: 14 (a) committee members; 15 (b) staff mentioned in section 727G; 16 (c) someone authorised by the committee to have access to the 17 register. 18 (2) An authorisation is a notifiable instrument. 19 Note A notifiable instrument must be notified under the Legislation Act. page 10 Children and Young People (Death Review) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Part 19A.4 Annual reports about deaths of 2 children and young people 3 727O Annual report 4 (1) For each financial year, the CYP death review committee must 5 report to the Minister about the following in relation to the deaths of 6 children and young people included on the children and young 7 people deaths register during the year: 8 (a) the number of deaths of children and young people; 9 (b) the age and sex of each child or young person who died, and 10 whether the child or young person was-- 11 (i) identified under this Act as being in need of care and 12 protection within the 3 years before his or her death; or 13 (ii) the sibling of a child or young person identified under 14 this Act as being in need of care and protection; 15 (c) the patterns or trends (if any) identified in relation to the deaths 16 of children and young people-- 17 (i) generally; and 18 (ii) who were identified under this Act as being in need of 19 care and protection within the 3 years before their death. 20 Note There are restrictions on recording and divulging protected and sensitive 21 information (see ch 25). 22 (2) The CYP death review committee may include in the report-- 23 (a) its recommendations (if any) about legislation, policies, 24 practices and services for implementation by the Territory and 25 non-government bodies to help prevent or reduce the 26 likelihood of the death of children and young people; and Children and Young People (Death Review) Amendment page 11 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (b) information about the implementation of any previous 2 recommendations of the committee; and 3 (c) any other matter it considers relevant. 4 (3) The CYP death review committee must give the Minister the report 5 within 4 months after the end of the financial year. 6 (4) The Minister must present the report in the Legislative Assembly 7 within 6 sitting days after the day the report is given to the Minister. 8 (5) However, the Minister may amend the report (including by omitting 9 part of the report) before presenting it to the Legislative Assembly 10 to prevent the report-- 11 (a) disclosing the identity of a child or young person who has died; 12 or 13 (b) allowing the identity of a child or young person who has died 14 to be worked out. 15 5 Dictionary, new definitions 16 insert 17 children and young people deaths register--see section 727L. 18 CYP death review committee means the Children and Young People 19 Death Review Committee established under section 727A. page 12 Children and Young People (Death Review) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 Children and Young People (Death Review) Amendment page 13 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au