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