Commonwealth of Australia Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
AUSTRALIAN HUMAN RIGHTS COMMISSION AMENDMENT (NATIONAL CHILDREN'S COMMISSIONER) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Human Rights Commission
Amendment (National Children's
Commissioner) Bill 2012
No. , 2012
(Attorney-General)
A Bill for an Act to provide for a National
Children's Commissioner, and for related purposes
i Australian Human Rights Commission Amendment (National Children's Commissioner) Bill
2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--National Children's Commissioner
3
Part 1--Amendments
3
Australian Human Rights Commission Act 1986
3
Part 2--Application and transitional provisions
11
Australian Human Rights Commission Amendment (National Children's Commissioner) Bill 2012
No. , 2012 1
A Bill for an Act to provide for a National
1
Children's Commissioner, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Australian Human Rights Commission
5
Amendment (National Children's Commissioner) Act 2012.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Australian Human Rights Commission Amendment (National Children's Commissioner)
Bill 2012 No. , 2012
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) 1 July 2012; and
(b) the day this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
National Children's Commissioner Schedule 1
Amendments Part 1
Australian Human Rights Commission Amendment (National Children's Commissioner) Bill 2012
No. , 2012 3
Schedule 1--National Children's
1
Commissioner
2
Part 1--Amendments
3
Australian Human Rights Commission Act 1986
4
1 Subsection 3(1)
5
Insert:
6
children means people under the age of 18.
7
2 Subsection 3(1)
8
Insert:
9
National Children's Commissioner means the National Children's
10
Commissioner referred to in section 46MA.
11
3 At the end of subsection 8(1)
12
Add:
13
; and (g) the National Children's Commissioner.
14
4 Subsection 8(7)
15
Omit "or Disability Discrimination Commissioner", substitute ",
16
Disability Discrimination Commissioner or National Children's
17
Commissioner".
18
5 After Part IIA
19
Insert:
20
Part IIAA--National Children's Commissioner
21
Division 1--Establishment and functions
22
46MA National Children's Commissioner
23
There is to be a National Children's Commissioner.
24
Schedule 1 National Children's Commissioner
Part 1 Amendments
4 Australian Human Rights Commission Amendment (National Children's Commissioner)
Bill 2012 No. , 2012
46MB Functions of Commission that are to be performed by
1
National Children's Commissioner
2
(1) The following functions are conferred on the Commission:
3
(a) to submit a report to the Minister that complies with
4
subsection (3) as soon as practicable after 30 June in each
5
year;
6
(b) to promote discussion and awareness of matters relating to
7
the human rights of children in Australia;
8
(c) to undertake research, or educational or other programs, for
9
the purpose of promoting respect for the human rights of
10
children in Australia, and promoting the enjoyment and
11
exercise of human rights by children in Australia;
12
(d) to examine existing and proposed Commonwealth
13
enactments for the purpose of ascertaining whether they
14
recognise and protect the human rights of children in
15
Australia, and to report to the Minister the results of any such
16
examination.
17
(2) The functions of the Commission under this section are to be
18
performed by the National Children's Commissioner on behalf of
19
the Commission.
20
(3) A report under paragraph (1)(a):
21
(a) must deal with such matters, relating to the enjoyment and
22
exercise of human rights by children in Australia, as the
23
National Children's Commissioner considers appropriate;
24
and
25
(b) may include recommendations that the Commissioner
26
considers appropriate as to the action that should be taken to
27
ensure the enjoyment and exercise of human rights by
28
children in Australia.
29
(4) In performing functions under this section, the National Children's
30
Commissioner may give particular attention to children who are at
31
risk or vulnerable.
32
(5) In performing functions under this section, the National Children's
33
Commissioner may consult any of the following:
34
(a)
children;
35
(b) Departments and authorities of the Commonwealth, and of
36
the States and Territories;
37
National Children's Commissioner Schedule 1
Amendments Part 1
Australian Human Rights Commission Amendment (National Children's Commissioner) Bill 2012
No. , 2012 5
(c)
non-governmental
organisations;
1
(d) international organisations and agencies;
2
(e) such other organisations, agencies or persons as the
3
Commissioner considers appropriate.
4
(6) In performing functions under this section, the National Children's
5
Commissioner must, as appropriate, have regard to:
6
(a) the Universal Declaration of Human Rights (United Nations
7
General Assembly Resolution A/RES/217(III) A (1948); and
8
(b) the following, as amended and in force for Australia from
9
time to time:
10
(i) the International Convention on the Elimination of all
11
Forms of Racial Discrimination done at New York on
12
21 December 1965 ([1975] ATS 40);
13
(ii) the International Covenant on Economic, Social and
14
Cultural Rights done at New York on 16 December
15
1966 ([1976] ATS 5);
16
(iii) the International Covenant on Civil and Political Rights
17
done at New York on 16 December 1966 ([1980] ATS
18
23);
19
(iv) the Convention on the Elimination of All Forms of
20
Discrimination Against Women done at New York on
21
18 December 1979 ([1983] ATS 9);
22
(v) the Convention on the Rights of the Child done at New
23
York on 20 November 1989 ([1991] ATS 4);
24
(vi) the Convention on the Rights of Persons with
25
Disabilities done at New York on 13 December 2006
26
([2008] ATS 12); and
27
(c) such other instruments relating to human rights as the
28
Commissioner considers relevant.
29
Note 1:
In 2012, the text of the Universal Declaration of Human Rights was
30
accessible through the United Nations website (www.un.org).
31
Note 2:
In 2012, the text of an international agreement in the Australian Treaty
32
Series was accessible through the Australian Treaties Library on the
33
AustLII website (www.austlii.edu.au).
34
Schedule 1 National Children's Commissioner
Part 1 Amendments
6 Australian Human Rights Commission Amendment (National Children's Commissioner)
Bill 2012 No. , 2012
Division 2--Apppointment
1
46MC Appointment of National Children's Commissioner
2
(1) The National Children's Commissioner is to be appointed by the
3
Governor-General by written instrument, on a full-time basis.
4
(2) A person must not be appointed as the National Children's
5
Commissioner unless the Minister is satisfied that the person has
6
appropriate qualifications, knowledge or experience.
7
46MD Period of appointment
8
The National Children's Commissioner holds office for the period
9
specified in the instrument of appointment. The period must not
10
exceed 7 years.
11
Note:
For re-appointment, see section 33AA of the Acts Interpretation Act
12
1901.
13
46ME Acting appointment
14
The Minister may, by written instrument, appoint a person to act as
15
the National Children's Commissioner:
16
(a) during a vacancy in the office of the Commissioner (whether
17
or not an appointment has previously been made to the
18
office); or
19
(b) during any period, or during all periods, when the
20
Commissioner:
21
(i) is absent from duty or from Australia; or
22
(ii) is, for any reason, unable to perform the duties of the
23
office.
24
Note:
See also sections 20, 33AB and 33A of the Acts Interpretation Act
25
1901.
26
Division 3--Terms and conditions
27
46MF Remuneration and allowances
28
(1) The National Children's Commissioner is to be paid the
29
remuneration that is determined by the Remuneration Tribunal. If
30
no determination of that remuneration by the Tribunal is in
31
National Children's Commissioner Schedule 1
Amendments Part 1
Australian Human Rights Commission Amendment (National Children's Commissioner) Bill 2012
No. , 2012 7
operation, the member is to be paid the remuneration that is
1
prescribed by the regulations.
2
(2) The National Children's Commissioner is to be paid the
3
allowances that are prescribed by the regulations.
4
(3) This section has effect subject to the Remuneration Tribunal Act
5
1973.
6
46MG Leave of absence
7
(1) The National Children's Commissioner has the recreation leave
8
entitlements that are determined by the Remuneration Tribunal.
9
(2) The Minister may grant the National Children's Commissioner
10
leave of absence, other than recreation leave, on the terms and
11
conditions as to remuneration or otherwise that the Minister
12
determines.
13
46MH Outside employment
14
The National Children's Commissioner must not engage in paid
15
employment outside the duties of his or her office without the
16
approval of the Minister.
17
46MI Resignation
18
(1) The National Children's Commissioner may resign his or her
19
appointment by giving the Governor-General a written resignation.
20
(2) The resignation takes effect on the day it is received by the
21
Governor-General or, if a later day is specified in the resignation,
22
on that later day.
23
46MJ Termination of appointment
24
The Governor-General may terminate the appointment of the
25
National Children's Commissioner:
26
(a) for misbehaviour; or
27
(b) if the Commissioner is unable to perform the duties of his or
28
her office because of physical or mental incapacity; or
29
(c) if the Commissioner:
30
Schedule 1 National Children's Commissioner
Part 1 Amendments
8 Australian Human Rights Commission Amendment (National Children's Commissioner)
Bill 2012 No. , 2012
(i) becomes bankrupt; or
1
(ii) applies to take the benefit of any law for the relief of
2
bankrupt or insolvent debtors; or
3
(iii) compounds with his or her creditors; or
4
(iv) makes an assignment of remuneration for the benefit of
5
his or her creditors; or
6
(d) if the Commissioner is absent, except on leave of absence,
7
for 14 consecutive days or for 28 days in any 12 months; or
8
(e) if the Commissioner engages in paid employment contrary to
9
section 46MH.
10
46MK Other terms and conditions
11
The National Children's Commissioner holds office on the terms
12
and conditions (if any) in relation to matters not covered by this
13
Act that are determined by the Governor-General.
14
Division 4--Miscellaneous
15
46ML National Children's Commissioner may obtain information
16
from Commonwealth government agencies
17
(1) If the National Children's Commissioner has reason to believe that
18
a Commonwealth government agency has information or a
19
document relevant to the performance by the Commissioner of
20
functions under this Part, the Commissioner may give a written
21
notice to the agency requiring the agency:
22
(a) to give the information to the Commissioner in writing
23
signed by or on behalf of the agency; or
24
(b) to produce the document to the Commissioner.
25
(2) The notice must state:
26
(a) the place at which the information or document is to be given
27
or produced; and
28
(b) the time at which, or period within which, the information or
29
document is to be given or produced.
30
(3) The time or period stated under paragraph (2)(b) must be
31
reasonable.
32
National Children's Commissioner Schedule 1
Amendments Part 1
Australian Human Rights Commission Amendment (National Children's Commissioner) Bill 2012
No. , 2012 9
(4) A Commonwealth government agency must not, in response to a
1
requirement under this section:
2
(a) give information in a manner that would reveal the identity of
3
a particular individual; or
4
(b) produce a document that reveals the identity of a particular
5
individual;
6
unless the individual has consented to the giving of the information
7
or the production of the document.
8
(5)
If:
9
(a) subsection (4) would prevent a Commonwealth government
10
agency from complying with a requirement under this section
11
to produce a document; and
12
(b) the agency is able to provide a copy of the document that has
13
had deleted from it the information that would reveal the
14
identity of the individual concerned;
15
the agency must comply with the requirement by producing a copy
16
with that information deleted.
17
(6) In this section:
18
Commonwealth government agency means:
19
(a) a Department or authority of the Commonwealth; or
20
(b) a person who performs the functions of, or performs
21
functions within, a Department or authority of the
22
Commonwealth.
23
46MM National Children's Commissioner must give information to
24
the Commission
25
The National Children's Commissioner must give to the
26
Commission such information as the Commission from time to
27
time requires relating to the operations of the Commissioner under
28
this Part.
29
46MN Minister must table reports of National Children's
30
Commissioner
31
The Minister must cause a copy of each report received by the
32
Minister under this Part to be laid before each House of the
33
Schedule 1 National Children's Commissioner
Part 1 Amendments
10 Australian Human Rights Commission Amendment (National Children's Commissioner)
Bill 2012 No. , 2012
Parliament within 15 sitting days of that House after the report is
1
received by the Minister.
2
6 At the end of subsection 46PV(3)
3
Add:
4
; and (g) the National Children's Commissioner.
5
6
National Children's Commissioner Schedule 1
Application and transitional provisions Part 2
Australian Human Rights Commission Amendment (National Children's Commissioner) Bill 2012
No. , 2012 11
Part 2--Application and transitional provisions
1
7 First report of the National Children's Commissioner
2
The first report under paragraph 46MB(1)(a) of the Australian Human
3
Rights Commission Act 1986 (as amended by this Act) is to be
4
submitted to the Minister as soon as practicable after 30 June 2013.
5
8 Application of amendment made by item 6
6
The amendment made by item 6 applies in relation to proceedings:
7
(a) that commence on or after the commencement of that item;
8
or
9
(b) that commenced before the commencement of that item, and
10
that had not been completed by that commencement.
11