CHAPTER 1
Introduction
Purpose of the Bill
1.1
The Commonwealth Commissioner for Children and Young People Bill 2010
(the Bill), a private senator's bill, was originally introduced into the Senate
in the 42nd Parliament on 12 May 2010, by Senator
Sarah Hanson-Young. Following the commencement of the 43rd
Parliament, Senator Hanson-Young reintroduced the Bill on 29 September 2010. On
30 September 2010, on the recommendation of the Senate Selection of
Bills Committee, the Senate referred the Bill to the Senate Community Affairs
Legislation Committee for inquiry and report by the last sitting day in
May 2011.
1.2
The Selection of Bills Committee gave the following reason for referral:
To look at implementing a properly-resourced Federal
independent statutory body to oversee the rights of young Australians with the
powers to ensure recognition of their needs and views.[1]
1.3
On 26 October 2010, the Senate varied its order of
30 September, to refer the Bill to the Senate Legal and Constitutional
Affairs Legislation Committee, with the same reporting date.
1.4
The purpose of the Bill is to establish an independent statutory office
of the Commonwealth Commissioner for Children and Young People. The purpose of
this office will be to recognise and advocate for the rights and needs of
children and young people in Australia, and ensure that Australia's domestic
and international human rights obligations are upheld.[2]
1.5
The Explanatory Memorandum states that the establishment of a
Commonwealth Commissioner for Children and Young People (Commonwealth
Commissioner) will 'help move the approach beyond a narrow focus only on
neglect and abuse to encompass broader concepts of overall safety and wellbeing
for children and young people.' It is intended that the Commonwealth Commissioner
will:
-
advocate for the needs, rights and views of people under the age
of 18, at a national level;
-
monitor the development of laws affecting children and young
people;
-
coordinate related policies, programs and funding; and
-
proactively engage children and young people in decisions that
affect them.[3]
1.6
The establishment of the Commonwealth Commissioner is also intended to
assist Australia in meeting its obligations under the United Nations Convention
on the Rights of the Child by providing clear minimum human rights standards,
based in legislation, for the wellbeing of children and young people in
Australia.[4]
1.7
It is estimated that the establishment of the Commonwealth Commissioner will
involve a financial cost for administrative purposes.[5]
Conduct of the inquiry
1.8
The committee advertised the inquiry in The Australian newspaper,
and wrote to 121 organisations and individuals, as well as the Commonwealth and
state and territory governments inviting submissions by
15 December 2010. Details of the inquiry, the Bill and associated
documents were placed on the committee's website.
1.9
The committee received 93 submissions which are listed at
appendix 1. Submissions were placed on the committee's website for ease of
access by the public.
1.10
The committee held two public hearings in Canberra on
29 and 30 March 2011. A list of witnesses who appeared at
the hearings is at appendix 2 and copies of the Hansard transcript are
available through the internet at http://aph.gov.au/hansard.
Acknowledgement
1.11
The committee thanks the organisations and individuals who made
submissions and gave evidence at the public hearings.
Note on references
1.12
References in this report are to individual submissions as received by the
committee, not to a bound volume. References to the committee Hansard are to
the proof Hansard: page numbers may vary between the proof and the official
Hansard transcript.
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