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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Commission For Children And Young People
Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
Part 2 -- Commission For Children
And Young People
4. Commission established 3
5. Commissioner For Children And Young People 3
6. Qualifications for appointment 4
7. Commission staff 4
8. Commission funds 4
Part 3 -- Functions of Commission
9. Functions 6
10. Guiding principles 6
11. When Commission to be consulted 7
12. Commission may conduct inquiries 7
13. Answering of questions and production of documents 7
14. Complaints to the Commission 8
15. Commission advisory bodies 9
16. Relationship between Commission and bodies
responsible for policymaking 9
17. Delegations 11
18. Exclusion of liability 11
340--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by the Hon. C. J. Barnett MLA)
Commission For Children And Young People
Bill 2004
A Bill for
An Act to --
· establish a Commission For Children And Young People in
Western Australia to promote and advocate the welfare and
special interests of children and young people;
· enable the Commission For Children And Young People to
perform its functions consistently with, and promote voluntary
compliance by public and private sector agencies with the
principles of international agreements so far as they relate to
children and young people.
The Parliament of Western Australia enacts as follows:
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Commission For Children And Young People Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Commission For Children And
Young People Act 2004.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation
or the day that is 6 months from the date of Royal Assent,
whichever is the sooner.
3. Interpretation
10 (1) In this Act unless the context otherwise requires --
"Commission" means the Commission For Children And
Young People established by section 4;
"Commissioner" means the Commissioner For Children And
Young People appointed under section 5 and includes a
15 person qualified for appointment who is appointed as the
Acting Commissioner where that office is vacant or the
Commissioner is temporarily unable to perform the
functions of office;
"employee" is a person employed or seconded under section 7.
20 (2) In this Act a reference to children and young people is to a
person or persons under the age of 18.
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Commission For Children And Young People Bill 2004
Commission For Children And Young People Part 2
s. 4
Part 2 -- Commission For Children And Young People
4. Commission established
(1) A Commission For Children And Young People is established.
(2) The Commission is a body corporate with perpetual succession,
5 a common seal, and is capable of doing and suffering those
things that a body corporate may lawfully do and suffer.
(3) The Commission consists of the Commissioner.
5. Commissioner For Children And Young People
(1) The office of Commissioner For Children And Young People is
10 established.
(2) The Commissioner is appointed by the Governor and holds
office for a term of 5 years or a lesser period specified in the
instrument of appointment, and is eligible to be reappointed but
no person is to hold office for a period that exceeds 10 years in
15 the aggregate. Subject to subsection (5), the terms and
conditions of office are to be determined by the Governor and
included in the instrument of appointment.
(3) The Governor is to remove the Commissioner on an address by
both Houses of Parliament for incapacity or inability to perform,
20 or for conduct that is incompatible with, the functions of the
office and may suspend the Commissioner pending a
determination of the question for an address by each House.
(4) A person holding a public office by election or appointment, or
who is employed in the service of the State, whether or not for
25 remuneration, vacates that office or ceases that employment on
appointment as the Commissioner without prejudice to, or loss
of, any entitlements that may have accrued at the time of
appointment.
(5) The Commissioner's remuneration is to be fixed by the Salaries
30 and Allowances Tribunal under the Salaries and Allowances Act
1975.
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Commission For Children And Young People Bill 2004
Part 2 Commission For Children And Young People
s. 6
(6) The Commissioner is not to engage in any employment or act in
any capacity, whether or not for reward, at any time during
tenure and cannot be appointed to a public office or be
employed by the Crown, its servants or agents, within 12
5 months of ceasing to be the Commissioner.
6. Qualifications for appointment
(1) A person is not to be appointed as the Commissioner who is
unable to demonstrate knowledge or experience or dealings with
children and young people to an extent that will assist or inform
10 the person in performing the Commissioner's functions.
(2) Except where a person secures appointment by fraudulent
means, the appointment of a person as the Commissioner is
conclusive of the fact for any purpose that the person satisfies
the requirements of subsection (1).
15 7. Commission staff
(1) The Commission may employ, or take on secondment from any
State agency or instrumentality, suitably qualified persons to
assist it in the performance of its functions.
(2) In cases not otherwise provided for, the terms and conditions of
20 employment by the Commission are determined by the
Commission acting with the advice of the Minister
administering the Public Sector Management Act 1994.
8. Commission funds
(1) The funds of the Commission consist of moneys appropriated
25 by Parliament, revenue from fees and charges, and any moneys
received by way of gift, donation, bequest or any lawful means
and is to be credited to an account or accounts as may be
directed by the Treasurer from time to time.
(2) The Commission is a statutory authority for the purposes of the
30 Financial Administration and Audit Act 1985 and Schedule 1 of
that Act is amended by inserting after "Workers' Compensation
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Commission For Children And Young People Bill 2004
Commission For Children And Young People Part 2
s. 8
and Rehabilitation Commission" the item "Commission For
Children And Young People".
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Commission For Children And Young People Bill 2004
Part 3 Functions of Commission
s. 9
Part 3 -- Functions of Commission
9. Functions
(1) The functions of the Commission are to protect and promote by
any lawful means the interests and welfare of children and
5 young people whether as individuals or as members of the
community.
(2) Where relevant and appropriate, the Commission is to perform
its functions so as to give effect, or cause others to give effect,
to any international agreement with respect to children and
10 young people that has been acceded to by the Government of
the Commonwealth of Australia.
(3) Subsection (2) does not enact any international agreement as a
law of the State.
10. Guiding principles
15 (1) The Commission is required to act consistently with the
following principles --
(a) the contribution made by children and young people to
the community has value and merits recognition;
(b) children and young people have an inalienable right to
20 live in a caring and nurturing environment and to be
protected from harm or exploitation;
(c) parents should be supported in their primary role of
nurturing and caring for their children;
(d) there is no assumption that any legal incapacity of
25 children or young people means that they have no
entitlement to privacy or to be treated with dignity;
(e) proper consideration should be given to children and
young peoples' expressions of concern or grievance
particularly where they relate to the condition of
30 children and young people;
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Commission For Children And Young People Bill 2004
Functions of Commission Part 3
s. 11
(f) the interests and welfare of children and young people
are best ensured when the community and its members
recognize that every person's interests and welfare
depend on mutual respect and active support.
5 11. When Commission to be consulted
(1) The Commission is to be notified by the relevant authority of its
intention to formulate new policy, or alter or modify existing
policy, where that new policy will, or the existing policy does,
deal with or relate to the interests or welfare of children and
10 young people whether as individuals or as a group or class.
(2) The notification required under subsection (1) is to be given at a
time that will enable the Commission to give proper
consideration to the proposal before responding.
(3) A relevant authority must inform the Commission of any
15 amendment to the policy proposal resulting from the
Commission's response.
(4) In this section "relevant authority" is the agency or
instrumentality of the State responsible for administering public
policy of a like nature to that made subject to subsection (1).
20 12. Commission may conduct inquiries
(1) The Commission may conduct inquiries on any matter of
interest or relevance to children and young people and refer its
findings and recommendations resulting from its inquiries to
any public or private sector person or body for their information
25 or consideration or action.
(2) Any inquiry is to be conducted with as little formality as the
circumstances permit and so as to encourage the active
participation of children and young people.
13. Answering of questions and production of documents
30 (1) Where a person who, having been required by written notice,
fails to attend before the Commission or, being in attendance,
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Commission For Children And Young People Bill 2004
Part 3 Functions of Commission
s. 14
refuses to answer any question or produce any document or
provide information, the Commission may apply ex parte to the
Supreme Court or a Judge for an order requiring that person to
comply with the terms of the notice.
5 (2) On being satisfied that the Commission's inquiry would be
assisted by compliance with the terms of the notice, the Court or
Judge may order the person named in the notice to comply.
Non-compliance without reasonable excuse is a contempt of
court and the person may be dealt with accordingly.
10 (3) The Commission is not to make application for an order under
this section unless it has the reasonable belief that the
information known to the person or documents in his or her
possession or control are not otherwise readily accessible or
available from another person or source.
15 14. Complaints to the Commission
(1) Where a complaint is made to the Commission that alleges that
a young person has been, or is being, subjected to conduct or
dealing that is improper, corrupt or criminal in nature, the
Commission is to refer the complaint to an appropriate person
20 or body for investigation and inform the complainant of the
referral. A referral is not to be made if the Commission has
reason to believe that the complaint is a fabrication and either
mischievous or made with malice.
(2) Except to an extent necessary to determine that a complaint has
25 been made in good faith, or where subsection (4) applies, the
Commission is not to conduct any inquiry or investigation of a
complaint under subsection (1) but may, when referring it,
require the person or body to report to the Commission the
result of its investigation and, if the complaint is substantiated,
30 any action taken or that will be taken.
(3) In subsection (1), conduct or dealing may have one or more of
the characteristics described with respect to a young person
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Commission For Children And Young People Bill 2004
Functions of Commission Part 3
s. 15
despite their not having those characteristics when similar
conduct or dealing occurs between adult persons.
(4) Where, after making a referral under subsection (2), the
Commission concludes that any inquiry or investigation relating
5 to the complaint is inadequate or is, or has been subject to
inordinate delay in its completion, or the findings (if any) are
inconclusive or inconsistent with the known circumstances or
facts giving rise to the complaint, the Commission may require
the person or body to provide a final report within a specified
10 time or cancel the referral and undertake its own inquiry or
investigation.
(5) Where the Commission cancels a referral under subsection (4),
the relevant person or body is required to provide such
assistance to the Commission as may be necessary for the
15 Commission to complete its own inquiry or investigation.
(6) For the purposes of this section the Commission has, and may
exercise, powers of a like nature to those conferred by section
16.
15. Commission advisory bodies
20 (1) At least one third of the members of any committee or other
group of persons however described that is appointed by the
Commission to provide information and advice with respect to
the performance of the Commission's functions must be
children and young people.
25 (2) The Commission has a continuing duty to invite nominations
and maintain lists of children and young people who are
available for appointment under subsection (1).
16. Relationship between Commission and bodies responsible
for policymaking
30 (1) Without limiting the means employed in performing its
functions, the Commission, through the dissemination of
information, the preparation and publication of guidelines and
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Commission For Children And Young People Bill 2004
Part 3 Functions of Commission
s. 16
other materials, and its participation in the development of
policies and practices, is to bring to notice those matters of
relevance to children and young people and the likely effects
that a policy or practice will have on children and young people
5 to whom it will apply.
(2) The Commission may require any person or body to supply
copies of documents with respect to the treatment of children
and young people by that person or body for any purpose.
(3) Where the Commission is of the opinion that a document
10 provided under subsection (2) discloses policies or practices that
are unfairly discriminatory against children and young people
by reason only of that status, the Commission may recommend
appropriate alterations to, or the abandonment of, those policies
or practices.
15 (4) In a case where the person or body following receipt of the
Commission's recommendations or following a period of
discussion or negotiation with respect to the adoption of those
recommendations or adoption with agreed modifications,
refuses to alter or abandon the relevant policies or practices, the
20 Commission may apply to the Supreme Court or the Industrial
Relations Commission as the case requires for an order to give
effect to the Commission's recommendations.
(5) Proceedings under subsection (4) are not to be commenced
without the approval of the Attorney General and any
25 proceedings are to be conducted in the name of the Attorney
General.
(6) The Supreme Court or the Industrial Relations Commission may
make the order sought with alterations (if any) made in the
course of proceedings and it does not matter that the impugned
30 policy or practice is, or may be, or is not, unlawful under a law
of the State or the Commonwealth.
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Commission For Children And Young People Bill 2004
Functions of Commission Part 3
s. 17
17. Delegations
(1) The Commission may perform its functions itself and may
delegate the performance of specified functions to an employee
of the Commission either generally or in a particular case and
5 for a period not exceeding 12 months. A delegation may be
renewed any number of times.
(2) The Commission's power of delegation cannot be delegated.
18. Exclusion of liability
The Commission, its employees and agents, and any person to
10 whom this Act applies does not incur any criminal or civil
liability for anything done, or not done, in good faith for a
purpose, or in accordance with the requirements of this Act.
15
20
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