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s 14

General principles for performing functions and exercising powers

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Part 2National Commissioner for Aboriginal and Torres Strait Islander Children and Young People
Division 2Functions, powers and independence

14 General principles for performing functions and exercising powers

Best interests of Aboriginal and Torres Strait Islander children and young people

(1)

It is the intention of the Parliament that the National Commissioner is to perform functions and exercise powers in a manner that promotes the best interests of Aboriginal and Torres Strait Islander children and young people.

Aboriginal and Torres Strait Islander cultural identity and development

(2)

It is the intention of the Parliament that the National Commissioner is to perform functions and exercise powers in a manner that recognises the need to protect and promote the cultural identity and development of Aboriginal and Torres Strait Islander children and young people through maintaining and building their connections to their family and community.

International human rights

(3)

It is the intention of the Parliament that the National Commissioner is to perform functions and exercise powers in a manner consistent with the promotion of the following:

(a)

the principles set out in the United Nations Declaration on the Rights of Indigenous Peoples, being the Resolution adopted by the General Assembly of the United Nations on 13 September 2007;

(b)

Australia’s obligations under the following:

(i)

the Convention on the Rights of the Child done at New York on 20 November 1989;

(ii)

the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006;

(iii)

any other relevant international instrument (within the meaning of the Australian Human Rights Commission Act 1986);

(iv)

any other international agreement relating to human rights.

Note 1:

The Declaration mentioned in paragraph (a) is set out in United Nations General Assembly Resolution 61/295, which in 2026 could be accessed through the United Nations’ website (https://www.un.org).

Note 2:

The international agreements mentioned in subparagraphs (b)(i) and (ii) could in 2026 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

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