Children’s Commissioner - Powers and Functions

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Consultation has concluded

About

This consultation has concluded

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Provide your feedback on how well the powers and functions proposed for the new Commissioner for Children and Young People reflect the intentions of Commissioner Nyland.

What is being decided?

The South Australian Government has announced the creation of a Commissioner for Children and Young People, as part of its commitment to providing a fresh start for child protection.

The Commissioner’s primary role will be to promote and advocate for the rights of children and young people in South Australia, and will be encouraged to engage children in

About

This consultation has concluded

-------------------

Provide your feedback on how well the powers and functions proposed for the new Commissioner for Children and Young People reflect the intentions of Commissioner Nyland.

What is being decided?

The South Australian Government has announced the creation of a Commissioner for Children and Young People, as part of its commitment to providing a fresh start for child protection.

The Commissioner’s primary role will be to promote and advocate for the rights of children and young people in South Australia, and will be encouraged to engage children in the process of making decisions affecting their lives, undertake research and publish reports. The creation of this position was recommended by Royal Commissioner Margaret Nyland in the Child Protection Systems Royal Commission Report. Read more about this background here.

A draft of the functions and powers of the children’s commissioner is available here (PDF, 60KB).

We want to know whether you think these draft functions and powers accurately reflect the intentions of Commissioner Nyland in her report (Recommendations 245-251).

How can your input influence the decision?

Your feedback will be taken into account in the finalisation of the powers and functions of the Commissioner for Children and Young People.

You can provide your feedback by:

Comments will be accepted until Friday 26 August 2016.

Want to know more?

For more details, you can contact AGD via:




Background

The Child Protection Systems Royal Commission recommended the establishment of a statutory office of Commissioner for Children and Young People with specified functions and powers. The commission highlighted legislative and administrative changes needed for establishment of the office (Recommendations 245-251). To read to the report, visit: http://www.agd.sa.gov.au/child-protection-systems-royal-commission.

As recommended by Royal Commissioner Margaret Nyland, it is proposed that the Children’s Commissioner will be independent of ministerial direction, tasked to promote and advocate for the rights of children and young people in the State.

The Children’s Commissioner will have the power to investigate at a systemic level the rights, development and wellbeing of children. The Commissioner will not examine individual complaints. The Commissioner will be encouraged to engage children in the process of making decisions affecting their lives, undertake research and publish reports.

Since the release of the Nyland Royal Commission, the Government has committed $200 million towards responding the recommendations, of which the Government has already commenced action.

A full and detailed response to the Royal Commission’s 260 recommendations will be presented before the end of the year.

Consultation has concluded
  • Child Protection Reform Engagements

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    The State Government is committed to a fresh start for child protection in South Australia.

    The Child Protection Systems Royal Commission report The Life They Deserve was publicly released by the State Government on 8 August 2016. The report makes 260 recommendations to improve the policies, structure and culture of South Australia’s child protection system.

    The implementation of some of the report’s recommendations, including establishing a new child protection department, is already underway.

    There will be recommendations that the Government will implement immediately, while others will require considerable work and consultation with the community and sector.

    A formal, detailed response to the Royal Commission will be presented before the end of this year, in line with the report’s final recommendation.

    Current and past engagements include:

  • Updates

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    Children's Commissioner - Outcomes

    Community and sector feedback on the powers and functions of a Children’s Commissioner was considered in the creation of a draft Children and Young People (Oversight and Advocacy Bodies) Bill.

    The draft Bill was open for further consultation through YourSAy before being introduced to Parliament.

    On 19 October 2016, Parliament passed legislation to create the office of Commissioner for Children and Young People.