Dissenting Report by Coalition Members
National Children’s Commissioner Bill 2012 (Cth)
1.
Coalition members do not agree
with the Committee that the Australian Human Rights Commission Act 1986 (Cth) should be amended to establish the statutory office of the National
Children’s Commissioner (the Commissioner) in the Australian Human Rights
Commission (the AHRC).
2.
Coalition members of the Committee
recognise the importance of promoting public discussion and awareness of issues
affecting children. We also acknowledge that legislation, policies and programs
affecting the rights, wellbeing and development of children should be properly
examined. However, we are not persuaded by the Committee that this bill would
necessarily advance these objectives any further than is currently being
achieved.
3.
Coalition members are of the view
that the AHRC, in cooperation with the relevant state and territory
commissioners and guardians, already adequately perform the functions envisaged
for the new Commissioner. The establishment of a new Commissioner at a federal
level would unnecessarily duplicate the policy and advocacy functions of the
respective state and territory authorities, as well as the advisory functions
provided for in the Australian Human Rights Commission Act 1986 (Cth). Additionally,
given the new Commissioner will only function as an advocate and not undertake any
casework, Coalition members are not persuaded its establishment would support
the work currently performed by state and territory commissioners. Rather, the bill would
merely contribute to the expansion of Australia’s already burgeoning
bureaucracy.
4.
Coalition Members cannot agree
with the Commission that there is urgency surrounding the establishment of a
National Children’s Commissioner. There is no evidence to suggest that there
has been an increase in the workload of the AHRC, or that of the respective
state and territory commissioners, to justify the establishment of a new
Commissioner at a federal level.
5.
Coalition Members are not
persuaded that there are any compelling reasons to further expand the number of
AHRC commissioners or a sufficient justification to create a stand-alone
advocacy function for children’s rights in Australia at a Commonwealth level.
Recommendations
That the bill be opposed.
Hon Judi Moylan
Mr Ross Vasta
Dr Sharman Stone