australian-human-rights-commission-amendment-national-children-s-commissioner-act-2012.pdf, p.7
1 Subsection 3(1)
australian-human-rights-commission-amendment-national-children-s-commissioner-act-2012.pdf, p.14
Parliament must take action within a specified timeframe after receiving a report.
10 Australian Human Rights Commission Amendment (National Children’s Commissioner)
australian-human-rights-commission-amendment-national-children-s-commissioner-act-2012.pdf, p.9
List of human rights instruments relevant to the Australian Treaty Series
18 December 1979 ([1983] ATS 9);
Definition of National Children’s Commissioner
2 Subsection 3(1)
List of international covenants and conventions ratified by Australia.
21 December 1965 ([1975] ATS 40);
List of ratified international covenants and conventions.
Add the National Children’s Commissioner to subsection 8(1)
3 At the end of subsection 8(1)
Adding an entity to a list is an obligation
4 Subsection 8(7)
australian-human-rights-commission-amendment-national-children-s-commissioner-act-2012.pdf, p.8
4 Australian Human Rights Commission Amendment (National Children’s Commissioner)
Establishment of National Children’s Commissioner
46MA National Children’s Commissioner
46MB Functions of Commission that are to be performed by
The Commission must submit a report to the Minister on human rights of children in Australia.
46MB(1) Functions of Commission that are to be performed by
The Commission's functions under this section are to be performed by the National Children’s Commissioner on behalf of the Commission.
46MB(2) Functions of Commission that are to be performed by
Commissioner must deal with matters relating to human rights of children in Australia.
46MB(3) Functions of Commission that are to be performed by
Must give particular attention to children at risk or vulnerable
46MB(4) Functions of Commission that are to be performed by
Consultation requirements for National Children’s Commissioner
46MB(5) Functions of Commission that are to be performed by
(5) In performing functions under this section, the National Children’s Commissioner may consult any of the following:
Implication of consultation requirements on National Children’s Commissioner's actions
Classification of consultation requirements as AI-related
Spread of consultation requirements to related entities
Must have regard to the Universal Declaration of Human Rights and International Convention on the Elimination of all Forms of Racial Discrimination
46MB(6) Functions of Commission that are to be performed by
The International Convention on the Elimination of all Forms of Racial Discrimination is amended and in force at different times
(b) the following, as amended and in force for Australia from time to time:
The International Convention on the Elimination of all Forms of Racial Discrimination is amended and in force for Australia
IS AMENDED AND IN FORCE FOR AUSTRALIA FROM TIME TO TIME
Must have regard to the specified documents
(6) In performing functions under this section, the National Children’s Commissioner must...
australian-human-rights-commission-amendment-national-children-s-commissioner-act-2012.pdf, p.10
46MC Appointment of National Children’s Commissioner
The National Children’s Commissioner is to be appointed by the Governor-General.
46MC(1) Appointment of National Children’s Commissioner
Appointment of National Children’s Commissioner
Minister must be satisfied about qualifications, knowledge or experience of appointee.
46MC(2) Appointment of National Children’s Commissioner
The Minister's satisfaction remains valid until the appointee starts their term.
Satisfaction period is between appointment and start of term
If the Minister is satisfied, then the appointee can be appointed.
Minister is satisfied that the person has appropriate qualifications, knowledge or experience.
Minister is not satisfied that the person has appropriate qualifications, knowledge or experience.
The Minister's satisfaction affects the appointment decision.
Satisfaction spreads to appointment decision
The National Children’s Commissioner must hold office for a period not exceeding 7 years.
46MD Period of appointment
Must hold office for a period not exceeding 7 years.
The Minister may appoint a person to act as the National Children’s Commissioner.
46ME Acting appointment
46MF Remuneration and allowances
National Children’s Commissioner must be paid remuneration determined by the Remuneration Tribunal or prescribed by regulations.
46MF(1) Remuneration and allowances
The National Children’s Commissioner must be paid allowances prescribed by regulations.
46MF(2) Remuneration and allowances
Remuneration and allowances subject to the Remuneration Tribunal Act 1973.
46MF(3) Remuneration and allowances
australian-human-rights-commission-amendment-national-children-s-commissioner-act-2012.pdf, p.11
46MG Leave of absence
Recreation leave entitlements determined by the Remuneration Tribunal
46MG(1) Leave of absence
Grant leave of absence to National Children’s Commissioner
46MG(2) Leave of absence
Must not engage in paid employment outside office duties without approval.
46MH Outside employment
46MI Resignation
Resignation procedure for the National Children’s Commissioner.
46MI(1) Resignation
Resignation takes effect on the day it is received by the Governor-General or a later specified day.
46MI(2) Resignation
The Governor-General may terminate the appointment of the National Children’s Commissioner.
46MJ Termination of appointment
australian-human-rights-commission-amendment-national-children-s-commissioner-act-2012.pdf, p.12
Terms and conditions for National Children’s Commissioner office
46MK Other terms and conditions
46ML National Children’s Commissioner may obtain information
Agency must provide information or document to the Commissioner upon request.
46ML(1) National Children’s Commissioner may obtain information
Agency must provide information or document.
Notice must state place and time for information or document production.
46ML(2) National Children’s Commissioner may obtain information
The time or period stated must be reasonable.
46ML(3) National Children’s Commissioner may obtain information
Cannot give information revealing individual's identity without consent
46ML(4) National Children’s Commissioner may obtain information
Agency must comply with requirement by producing document with information deleted.
46ML(5) National Children’s Commissioner may obtain information
Agency is permitted to comply with requirement.
National Children’s Commissioner may obtain information from Commonwealth government agencies.
46ML(6) National Children’s Commissioner may obtain information
Classification of Commonwealth government agencies
australian-human-rights-commission-amendment-national-children-s-commissioner-act-2012.pdf, p.13
46MM National Children’s Commissioner must give information to
Minister must table reports of National Children’s Commissioner
46MN Minister must table reports of National Children’s
Inserts Part IIAA—National Children’s Commissioner after Part IIA
5 After Part IIA
6 Australian Human Rights Commission Amendment (National Children’s Commissioner)
Add the National Children’s Commissioner to the list of authorities.
6 At the end of subsection 46PV(3)
australian-human-rights-commission-amendment-national-children-s-commissioner-act-2012.pdf, p.15
Submission of first report under paragraph 46MB(1)(a) to the Minister by a certain date.
7 First report of the National Children’s Commissioner
Prohibition on certain actions by the Commissioner
8 Australian Human Rights Commission Amendment (National Children’s Commissioner)
8 Application of amendment made by item 6
(i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of remuneration for the benefit of his or her creditors;
Forbids certain actions by the Commissioner
(d) if the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;
(e) if the Commissioner engages in paid employment contrary to section 46MH.
australian-human-rights-commission-amendment-national-children-s-commissioner-act-2012.pdf, p.5
Cites this Act as the Australian Human Rights Commission Amendment (National Children’s Commissioner) Act 2012.
1 Short title
australian-human-rights-commission-amendment-national-children-s-commissioner-act-2012.pdf, p.6
1 Section 1
1 July 2012
2 Australian Human Rights Commission Amendment (National Children’s Commissioner)
Commencement rules for provisions in the Act.
2 Commencement
Defines the effective date of Schedule 1
2 Section 2
Defines temporal interval for Schedule 1
28 June 2012
3 Schedule(s)
An Act to provide for a National Children’s Commissioner, and for related purposes
Australian Human Rights Commission Amendment (National Children’s Commissioner) Act 2012