Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
CLAUSE NOTES
Commissioner for Children and Young People Bill 2015
Clause 1 Short Title
Clause 2 Commencement
Provides for the Act to commence on a day or days to be
proclaimed.
Clause 3 Principles to be observed
Sets out the key principles underpinning the Act.
Clause 4 Interpretation
Defines the key terms used in the Act.
Clause 5 Commissioner for Children and Young People
Establishes the statutory office of Commissioner for Children and
Young People, by providing for the Governor to appoint a person to
that position.
Clause 6 Staff
Provides for staff to be made available to or employed for the
purposes of enabling the Commissioner to perform his or her
functions.
Clause 7 Annual Plan
Requires the Commissioner to produce an annual plan for the
following financial year by 31 March each year and provide a copy to
the Minister.
Clause 8 General functions of the Commissioner
Provides for the general functions of the Commissioner.
Clause 9 Minister may request Commissioner to investigate
Provides for the requirements where the Commissioner is conducting
an investigation at the request of the Minister. Provides that if the
Commissioner prepares a report under section 20 in respect of an
investigation requested by the Minister, the Commissioner must
provide the Minister with a draft report. The Minister may within 21
days provide feedback or request the Commissioner to consult with
a specified person. If so, the Commissioner must include in the
report, if requested to do so by the Minister, the Minister’s feedback
and any request of the Minister regarding consultation.
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Clause 10 Commissioner to act as advocate under Youth Justice Act
Provides for the special functions of the Commissioner when acting
as an advocate for children detained under the Youth Justice Act 1997.
Clause 11 General powers of the Commissioner
Provides for the general powers of the Commissioner and how these
powers may be exercised.
Clause 12 Power to compel information
Provides for the Commissioner to be able to compel the supply of
information or documents necessary to perform a function or
exercise a power under the Act, outlines the exemptions to this
power and provides penalties for non-compliance. Protections are
also provided for persons providing information.
Clause 13 Power to establish committees
Requires the Commissioner to establish the Children and Young
People Consultative Council and the Children and Young People
Advisory Council and permits the Commissioner to establish other
committees as appropriate.
Clause 14 Certain matters not within the jurisdiction of the Commissioner
Excludes certain matters from investigation or review of the
Commissioner. These include investigations of individual cases,
matters protected by privilege and matters relating to decisions
regarding actions on individual cases such as decisions to prosecute
or seek family violence orders or Legal Aid advice. This is to confirm
the general nature of the Commissioners powers to investigate
systemic issues rather than individual cases. Investigations of individual
cases are matters for the Ombudsman’s jurisdiction.
Clause 15 Delegation
Permits the Commissioner to delegate any powers or functions to
any person, other than the power to delegate.
Clause 16 Information sharing
Outlines the provisions for the Commissioner providing non-
identifying information with other parties or the Commissioner
requesting non-identifying information from other parties.
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Clause 17 Commissioner may, but is not required to, divulge information
Permits the Commissioner to divulge information to relevant
authorities where appropriate and lawful to do so and includes the
power to refer matters to the Ombudsman but does not require the
Commissioner (or any former Commissioner) to disclose information
obtained under the Act.
Clause 18 Confidentiality of information
Sets out the confidentiality provisions around information obtained
under the Act and establishes a penalty for unlawful disclosure.
Clause 19 Annual report
Requires the Commissioner to produce an annual report on activities
for each financial year to be tabled in Parliament. It also provides
deadlines for submission of the annual report to the Minister and
Secretary (in advance of tabling in Parliament).
Clause 20 Other reports
Provides that the Commissioner may prepare reports on any matter
arising from the Commissioner’s functions. The Commissioner is to
provide the Minister with a copy of the report. This section also
provides that the Commissioner may cause the report to be tabled in
Parliament within the specified timeframe.
Clause 21 Adverse comments in reports
Requires the Commissioner to notify a person of an adverse
comment in a report and permit that person to make representations
in respect of the comment before finalising the report.
Clause 22 Publication of reports
Requires the Commissioner to publish reports tabled before
Parliament or appropriate parts of reports in a form that is suitable
for children where appropriate to do so.
Clause 23 Obstruction
Establishes an offence for obstructing or hindering a person
performing a function or exercising a power under the Act.
Clause 24 Protection from liability
Protects the Commissioner or any other person performing a
function or exercising a power under the Act from any liability or civil
or criminal proceedings provided that they acted in good faith.
Provides that no civil or criminal proceedings are to be brought
against the Commissioner or persons performing functions or powers
under the Act without leave of the Supreme Court.
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Clause 25 Regulations
Provides for regulations to be made under the Act.
Clause 26 Administration of act
Initially assigns the administration of the Act to the Minister for
Human Services and the Department of Health and Human Services.
Clause 27 Savings and transitional
Provides for the savings and transitional provisions set out in Schedule
3.
Clause 28 Consequential Amendments
Specifies that consequential amendments are contained in Schedule 4.
Schedule 1 TERMS OF APPOINTMENT
Specifies the duration and terms of appointment and the
remuneration of the Commissioner and the grounds for vacation of
office.
Schedule 2 COMMITTEES
Specifies the membership, conditions of appointment and conduct of
business for statutory committees.
Schedule 3 SAVINGS AND TRANSITIONAL
Provides savings and transitions for the Commissioner for Children,
Annual Report and Committees.
Schedule 4 CONSEQUENTIAL AMENDMENTS
Outlines the consequential amendments to the Children, Young
Persons and their Families Act 1997, the Tasmanian Early Years
Foundation Act 2005 and the Youth Justice Act 1997.
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