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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Parliamentary Commissioner Amendment
Bill 2009
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Long title amended 2
5. Section 4 amended 2
6. Section 9 amended 3
7. Part III Division 3A inserted 3
Division 3A -- Deaths of certain children
19A. Terms used in this Division 3
19B. Functions as to investigable deaths 4
8. Section 30A amended 5
9. Schedule 1 replaced 6
Schedule 1 -- Departments and authorities, and
extent, to which this Act does not apply
10. Children and Community Services Act 2004
amended 7
242A. CEO to notify Ombudsman of certain
deaths of children 8
023--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Parliamentary Commissioner Amendment
Bill 2009
A Bill for
An Act to amend the Parliamentary Commissioner Act 1971 and as a
consequence to amend the Children and Community Services
Act 2004.
The Parliament of Western Australia enacts as follows:
page 1
Parliamentary Commissioner Amendment Bill 2009
s. 1
1 1. Short title
2 This is the Parliamentary Commissioner Amendment Act 2009.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the day after that day.
8 3. Act amended
9 This Act amends the Parliamentary Commissioner Act 1971
10 unless otherwise indicated.
11 4. Long title amended
12 In the long title:
13 (a) delete "Investigations for" and insert:
14
15 Investigations with functions relating to
16
17 (b) after "authorities" insert:
18
19 and to the deaths of certain children
20
21 5. Section 4 amended
22 In section 4 in the definition of staff delete "section 9(2a);" and
23 insert:
24
25 section 9(2a) and persons engaged under section 9(2B);
26
page 2
Parliamentary Commissioner Amendment Bill 2009
s. 6
1 6. Section 9 amended
2 After section 9(2a) insert:
3
4 (2B) The Commissioner may engage persons under
5 contracts for services to provide professional, technical
6 or other assistance for the purpose of enabling the
7 functions of the Commissioner properly to be carried
8 out.
9
10 7. Part III Division 3A inserted
11 After Part III Division 2 insert:
12
13 Division 3A -- Deaths of certain children
14 19A. Terms used in this Division
15 (1) In this Division --
16 CCS Act means the Children and Community Services
17 Act 2004;
18 investigable death has the meaning given in
19 subsection (3).
20 (2) If a term is given a meaning in the CCS Act, it has the
21 same meaning in this Division unless the contrary
22 intention appears in this Division.
23 (3) An investigable death occurs if a child dies and any of
24 the following circumstances exists --
25 (a) in the 2 years before the date of the child's
26 death, the CEO had received information that
27 raised concerns about the wellbeing of the child
28 or a child relative of the child;
29 (b) in the 2 years before the date of the child's
30 death, the CEO, under section 32(1) of the
31 CCS Act, had determined that action should be
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Parliamentary Commissioner Amendment Bill 2009
s. 7
1 taken to safeguard or promote the wellbeing of
2 the child or a child relative of the child;
3 (c) in the 2 years before the date of the child's
4 death, any of the actions listed in section 32(1)
5 of the CCS Act was done in respect of the child
6 or a child relative of the child;
7 (d) protection proceedings are pending in respect
8 of the child or a child relative of the child;
9 (e) the child or a child relative of the child is in the
10 CEO's care.
11 19B. Functions as to investigable deaths
12 (1) When the advisory body called the Child Death
13 Review Committee, taken to be established under
14 section 27 of the CCS Act, is abolished, the
15 Commissioner is its successor for the purposes of the
16 State Records Act 2000 section 8 which applies
17 accordingly.
18 (2) The Commissioner, after taking account of any
19 information and reasons given to the Commissioner
20 under the CCS Act section 242A(3), may decide if the
21 death of a child is or is not an investigable death.
22 (3) The Commissioner's functions in relation to
23 investigable deaths are as follows --
24 (a) to review the circumstances in which and why
25 the deaths occurred;
26 (b) to identify any patterns or trends in relation to
27 the deaths;
28 (c) to make recommendations to any department or
29 authority about ways to prevent or reduce
30 investigable deaths.
31 (4) To enable the Commissioner to perform the functions
32 in subsections (2) and (3), the Commissioner may
page 4
Parliamentary Commissioner Amendment Bill 2009
s. 8
1 exercise any power the Commissioner has under
2 Division 3 in order to obtain information relevant to the
3 death of a child.
4 (5) The Commissioner may perform the functions the
5 Commissioner has under this Act to investigate a
6 decision or recommendation made, or an act done or
7 omitted, in or by a department or authority to which
8 this Act applies in the exercise of any power or
9 function if the decision, recommendation, act or
10 omission relates to --
11 (a) a matter of administration; and
12 (b) an investigable death.
13
14 8. Section 30A amended
15 (1) In section 30A(1):
16 (a) in paragraph (b) delete "Act." and insert:
17
18 Act; or
19
20 (b) after paragraph (b) insert:
21
22 (c) providing information about the death of a child
23 for the purposes of Part III Division 3A.
24
25 (2) In section 30A(3) delete "(1)(a) or (b)" and insert:
26
27 (1)(a), (b) or (c)
28
page 5
Parliamentary Commissioner Amendment Bill 2009
s. 9
1 9. Schedule 1 replaced
2 Delete Schedule 1 and insert:
3
4 Schedule 1 -- Departments and authorities, and
5 extent, to which this Act does not apply
6 [s. 13(2)(n)]
Act establishing Department or authority, and extent, to
department or which this Act does not apply
authority
Auditor General The Auditor General to the extent of the
Act 2006 Auditor General's functions other than that of
chief executive officer of the department of
the Public Service known as the Office of the
Auditor General.
Corruption and Crime Corruption and Crime Commission.
Commission Act 2003 Parliamentary Inspector of the Corruption and
Crime Commission.
Director of Public Director of Public Prosecutions.
Prosecutions Act 1991 Deputy Director of Public Prosecutions.
Economic Regulation Economic Regulation Authority to the extent
Authority Act 2003 of its functions referred to in the Gas Pipelines
Access (Western Australia) Act 1998
section 36(1) and the Railways (Access)
Act 1998 section 20(1).
Electoral Act 1907 Electoral Commissioner to the extent of the
Electoral Commissioner's functions other than
that of chief executive officer of the
department of the Public Service known as the
Western Australian Electoral Commission.
Deputy Electoral Commissioner.
Equal Opportunity Commissioner for Equal Opportunity.
Act 1984 Director of Equal Opportunity in Public
Employment.
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Parliamentary Commissioner Amendment Bill 2009
s. 10
Act establishing Department or authority, and extent, to
department or which this Act does not apply
authority
Freedom of Information Commissioner.
Information Act 1992
Inspector of Custodial Inspector of Custodial Services.
Services Act 2003
Parliamentary Parliamentary Commissioner for
Commissioner Administrative Investigations.
Act 1971 Deputy Parliamentary Commissioner for
Administrative Investigations.
Public Sector Commissioner for Public Sector Standards to
Management Act 1994 the extent of the Commissioner's functions
other than that of chief executive officer of the
department of the Public Service principally
assisting the Commissioner in the performance
of the Commissioner's functions under the
Public Sector Management Act 1994.
Racing and Wagering Racing and Wagering Western Australia.
Western Australia
Act 2003
Royal Commissions Any Royal Commission.
Act 1968
Solicitor-General Solicitor-General.
Act 1969
State Administrative State Administrative Tribunal.
Tribunal Act 2004
1
2 10. Children and Community Services Act 2004 amended
3 (1) This section amends the Children and Community Services
4 Act 2004.
page 7
Parliamentary Commissioner Amendment Bill 2009
s. 10
1 (2) At the beginning of Part 11 insert:
2
3 242A. CEO to notify Ombudsman of certain deaths of
4 children
5 (1) In this section --
6 Commissioner has the meaning given in the
7 Parliamentary Commissioner Act 1971 section 4;
8 investigable death has the meaning given in the
9 Parliamentary Commissioner Act 1971 section 19A.
10 (2) The CEO must give the Commissioner written notice
11 of any investigable death within 14 days after the date
12 on which the Coroner notifies the CEO of the death.
13 (3) If requested in writing by the Commissioner to do so,
14 the CEO must give the Commissioner --
15 (a) any information in relation to the death of a
16 child that has not been notified under
17 subsection (2) that the Commissioner requires
18 for the purpose of enabling the Commissioner
19 to decide whether the death is an investigable
20 death; and
21 (b) if the CEO is of the opinion the death is not an
22 investigable death, reasons for the opinion.
23
24
page 8
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