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