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CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 260 Commissioner's functions

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 260

Commissioner's functions

    (1)     The functions of the Commissioner are:

    (a)     to investigate complaints about services required to be provided to protected children by service providers; and

    (b)     to monitor the ways in which service providers respond to reports made by the Commissioner; and

    (c)     to monitor the administration of this Act in so far as it relates to protected children; and

    (d)     to monitor the implementation of any government decision arising from the Inquiry into the Protection of Aboriginal Children from Sexual Abuse; and

    (e)     to report to the Minister on a matter mentioned in paragraphs (a) to (d) as requested by the Minister.

    (2)     For this Part:

    (a)     a protected child is a child who is the subject of the exercise of a power or the performance of a function under Chapter 2; and

    (b)     a service provider for the child is:

        (i)     a public authority, or anyone acting for a public authority, who has taken or is taking an action under this Act in relation to the child as a protected child; or

        (ii)     an operator of child-related services or children's services who provides, or is required to provide, the services under this Act in relation to the child as a protected child.

    (3)     However, the following are not service providers for the child:

    (a)     a court;

    (b)     a public authority, person or body prescribed by regulation.

Examples

1     A child for whom a protection order is in force is a protected child.

2     An authorised officer conducting an investigation about a child under section  35 is a service provider for the child.