Page 2629 - Week 08 - Wednesday, 21 September 2022
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The model for this commissioner was developed through a co-design process with community, facilitated by the Jumbunna Institute for Indigenous Education and Research at the University of Technology Sydney in late 2021.
As members will recall, I tabled the final report from the co-design process and government response in the Legislative Assembly in August, confirming that the government agreed to all aspects of the proposed legislative model. From that co-design process, this bill sets out the operating principles, powers, functions and requirements of the new commissioner. The bill includes a set of Aboriginal and Torres Strait Islander cultural principles which are intended to provide guidance to the commissioner on how they exercise their functions.
These principles give effect to a proposal, developed through the co-design process, that the legislation include an explicit requirement for the commissioner to focus on Aboriginal and Torres Strait Islander children and young people from a cultural standpoint, and noting the importance of connectedness to family, community, culture and country as critical to their best interests.
The new statutory role will be an identified Aboriginal or Torres Strait Islander position, appointed by the executive for a term not longer than five years, following a selection process involving the ACT Aboriginal and Torres Strait Islander community. The commissioner will be empowered to advocate on behalf of Aboriginal and Torres Strait Islander children and young people individually.
In line with the recommendation from the Our Booris, Our Way review and the proposal developed through the co-design process, the commissioner will have a function to intervene on behalf of Aboriginal and Torres Strait Islander children and young people in relation to decisions that will affect their rights and interests.
This function will largely be achieved through consequential amendments to the Court Procedures Act and the Children and Young People Act, which will ensure that the commissioner is entitled to appear in any hearing in a court of a proceeding against an Aboriginal or Torres Strait Islander child or young person or in a proceeding or matter under the Children and Young People Act. This includes engagement in care and protection matters, including case conferences.
The bill also enables the commissioner to undertake systemic advocacy, including advising the government and conducting systemic inquiries. The commissioner will be able to conduct an inquiry into any matter relating to systemic issues that affect, or may affect, the rights, development, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people.
As recommended in the co-design process, the bill provides the commissioner with the power to make recommendations to an entity in individual advocacy matters or relating to systemic inquiries and require a written response within a reasonable time frame. To support their individual and systemic advocacy functions, the commissioner will have information gathering and sharing powers, including the power to require information, documents and other things.
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