Children's Commissioner Act 2013

The objects of this Act are to:

(b) promote continuous improvement and innovation in policies, practices and services relating to the safety and wellbeing of vulnerable children.

(1) A person exercising a power or performing a function under this Act must, as far as practicable, uphold the following principles (the underlying principles):

(i) to live in a caring and nurturing environment in which the child is protected from harm and exploitation and able to reach his or her full potential; and

(ii) to be treated in a way that respects the child's dignity and privacy; and

(iii) to express the child's concerns and grievances and to have them dealt with in a fair and timely way;

(c) the views of children on all matters affecting them should be given serious consideration and taken into account.

(2) However, the underlying principles do not affect the operation of any law in force in the Territory.

In this Act:

Aboriginal means:

(b) a descendant of the indigenous inhabitants of the Torres Strait Islands.

CEO means the Chief Executive Officer of the Agency administering the Care and Protection of Children Act 2007.

child, see section 13 of the Care and Protection of Children Act 2007.

child is in the CEO's care, see section 67(1) of the Care and Protection of Children Act 2007.

child-related services, see section 13 of the Care and Protection of Children Act 2007.

Commissioner means the Children's Commissioner mentioned in section 9.

complainant means a person who makes a complaint.

complaint means a complaint, or a part of a complaint, made under section 20.

disability, see section 2(1) of the Disability Services Act 1993.

exploitation, of a child, see section 16 of the Care and Protection of Children Act 2007.

family member, of a child, includes a person mentioned in section 19 of the Care and Protection of Children Act 2007.

harm, to a child, see section 15 of the Care and Protection of Children Act 2007.

investigation means an investigation by the Commissioner under Part 5.

matter to which a complaint relates means each failure of a kind mentioned in section 21(1)(a) or (b) that forms a ground for the complaint.

matter to which an investigation relates means:

(a) in relation to the investigation of a complaint – the matter to which the complaint relates; or

(b) in relation to an investigation initiated by the Commissioner – a failure of a kind mentioned in section 21(1)(a) or (b) to which the investigation relates.

mental illness, see section 6 of the Mental Health and Related Services Act 1998.

mentally disturbed, see section 4 of the Mental Health and Related Services Act 1998.

Ombudsman, see section 4 of the Ombudsman Act 2009.

operator of child-related services, see section 13 of the Care and Protection of Children Act 2007.

public authority means any of the following:

(d) an office or body (whether incorporated or not) established for a public purpose by or under a law of the Territory;

(e) any other entity established for a public purpose (including a non-government organisation) that is prescribed by regulation.

required services:

(b) in relation to an investigation initiated by the Commissioner – the services mentioned in section 21(1)(a) or (2) to which the investigation relates.

responsible Agency:

(a) in relation to a complaint – see section 26(3), definition responsible Minister, paragraph (a); or

(b) in relation to an investigation initiated by the Commissioner – means the Agency directly or indirectly responsible for providing, or funding or administering the funding of, any required services to which the investigation relates.

responsible Minister:

(b) in relation to an investigation initiated by the Commissioner – means the Minister who has administrative responsibility for the responsible Agency, or a responsible service provider, to which the investigation relates.

responsible service provider:

(b) in relation to an investigation initiated by the Commissioner – a service provider mentioned in section 21(1)(a) to which the investigation relates.

service provider, in relation to a vulnerable child, means:

(a) a public authority, or another person or body acting for or under an arrangement with a public authority, who has taken or is taking an action in relation to the child as a vulnerable child; or

(b) without limiting paragraph (a) – an operator of child-related services, or an approved provider of an education and care service operated under the Education and Care Services National Law (NT), who provides, or is required to provide, services in relation to the child as a vulnerable child;

other than a public authority, person or body prescribed by regulation, or a court.

underlying principles, see section 5(1).

vulnerable child, see section 7(1).

wellbeing of a child, see section 14 of the Care and Protection of Children Act 2007.

young person who has left the CEO's care, see section 68 of the Care and Protection of Children Act 2007.

(a) a child who is the subject of the exercise of a power or performance of a function under Chapter 2 of the Care and Protection of Children Act 2007;

(b) a child who has been arrested or is on bail, or in relation to whom an order made under the Youth Justice Act 2005 is in force;

(c) a child in relation to whom an order made under the Volatile Substance Abuse Prevention Act 2005 is in force;

(d) a child who is suffering from a mental illness or is mentally disturbed;

(f) a child who has sought or is seeking child-related services, or for whom a family member of the child has sought or is seeking child-related services, for any of the following:

(2) In addition, a young person who has left the CEO's care is taken to be a vulnerable child.

(2) The Administrator may, in writing, appoint an Aboriginal person to be the Children's Commissioner.

(3) If no suitable Aboriginal candidate is identified, the Administrator may, in writing, appoint a non-Aboriginal person to be the Children's Commissioner.

(4) An appointment under subsection (2) or (3) must be made on the recommendation of the Minister.

(5) The Minister must not recommend a person to be the Commissioner unless satisfied that the person:

(a) has qualifications or experience relating to the Commissioner's functions; and

(b) is committed to the objects of this Act and the underlying principles; and

(c) has the knowledge and experience to understand and respond to the needs of, and issues facing, vulnerable children who are Aboriginal.

(ii) on the Commissioner's own initiative, a matter that may form a ground for making a complaint (irrespective of when the matter occurred and whether or not a complaint was made);

(b) to monitor the ways in which service providers respond to reports made by the Commissioner;

(c) to monitor the administration of the Care and Protection of Children Act 2007 in so far as it relates to vulnerable children;

(d) to undertake inquiries related to the care and protection of vulnerable children;

(e) to monitor the implementation of any government decision arising from:

(ii) any other inquiry related to the care and protection of vulnerable children, regardless of who undertook the inquiry;

(f) to monitor the ways in which the CEO deals with suspected or potential harm to, or exploitation of, children in the CEO's care;

(g) to report to the Minister on a matter relating to the Commissioner's functions as required by the Minister;

(h) to promote an understanding of, and informed public discussion about, the rights, interests and wellbeing of vulnerable children;

(i) to promote and advocate for the rights, interests and wellbeing of vulnerable children;

(j) to consult with, advise, and make recommendations to ministers, public authorities and other bodies on matters related to the rights, interests and wellbeing of vulnerable children;

(k) to undertake or commission research in relation to issues relevant to the rights, interests and wellbeing of vulnerable children.

(2) The Commissioner has the powers necessary to perform the Commissioner's functions.

Except as otherwise provided by another law of the Territory, the Commissioner is not subject to the direction of anyone in relation to:

(a) the way in which the functions of the Commissioner are performed; or