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This is a Bill, not an Act. For current law, see the Acts databases.
NATIONAL COMMISSIONER FOR CHILDREN BILL 2008
2008
The Parliament of the
Commonwealth of Australia
SENATE
Presented and read a first time
National Commissioner for Children Bill
2008
No. , 2008
(Senator Bartlett)
A Bill for an Act to establish an Office of National
Commissioner for Children and Young People, and
for related purposes
i National Commissioner for Children Bill 2008 No. , 2008
Contents
Part 1--Preliminary
1
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Main object of Act .............................................................................. 2
4
Principles underlying this Act ............................................................ 2
5
Definitions .......................................................................................... 3
6
Operation of State and Territory laws ................................................ 4
7
Extension to external Territories ........................................................ 4
8
Extent to which Act binds the Crown................................................. 5
Part 2--Office of the National Commissioner for Children and
Young People
6
Division 1--Office of the National Commissioner for Children
and Young People
6
9
Establishment of the Office of the National Commissioner
for Children and Young People .......................................................... 6
10
National Commissioner for Children and Young People ................... 6
11
Terms and conditions of appointment ................................................ 7
12
Remuneration of Commissioner ......................................................... 7
13
Leave of absence................................................................................. 7
14
Outside employment ........................................................................... 7
15
Resignation ......................................................................................... 8
16
Termination of appointment ............................................................... 8
17
Acting Commissioner ......................................................................... 8
18
Staff and consultants........................................................................... 8
Division 2--Functions of the Commissioner
10
19
Functions of the Commissioner ........................................................ 10
20
How the Commissioner is to perform functions............................... 11
21
Commissioner must act independently ............................................. 12
22
Cooperation with other agencies ...................................................... 12
23
Appointment of Deputy Commissioners .......................................... 12
Division 3--Reports
14
24
Report to the United Nations Committee on the Rights of the
Child ................................................................................................. 14
25
Reports on inquiries and other functions .......................................... 14
26
Annual report .................................................................................... 15
27
Reports to be tabled in Parliament .................................................... 15
National Commissioner for Children Bill 2008 No. , 2008 ii
Division 4--Advisory Committee on Children
16
28
Definitions ........................................................................................ 16
29
Advisory Committee on Children..................................................... 16
30
Membership ...................................................................................... 16
31
Functions........................................................................................... 17
32
Procedures of the Advisory Committee............................................ 17
33
Appointment conditions of members................................................ 17
Division 5--Other advice
18
34
Commissioner may establish other committees ............................... 18
35
Commissioner to seek advice in relation to young people ............... 18
36
Commissioner may consult other bodies .......................................... 18
Part 3--National Code for the Protection of Children
19
37
Object of Part .................................................................................... 19
38
National Code for the Protection of Children ................................... 19
39
Implementation ................................................................................. 19
40
Code to be prepared in first term ...................................................... 20
Part 4--Miscellaneous
21
41
Regulations ....................................................................................... 21
National Commissioner for Children Bill 2008 No. , 2008 1
A Bill for an Act to establish an Office of National
1
Commissioner for Children and Young People, and
2
for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the National Commissioner for Children
8
Act 2008.
9
2 Commence ment
10
(1) Subject to subsection (2), this Act commences on a day to be fixed
11
by proclamation.
12
Part 1 Preliminary
Section 3
2 National Commissioner for Children Bill 2008 No. , 2008
(2) A proclamation for the purposes of subsection (1) must not be
1
made until the Parliament has appropriated funds for the operation
2
of the Office of National Commissioner for Children and Young
3
People.
4
(3) If the Parliament appropriates funds and this Act does not
5
commence within a period of 6 months beginning on the day on
6
which the Act authorising the appropriation receives the Royal
7
Assent, it commences on the first day after the end of that period.
8
(4) If the Parliament does not appropriate funds this Act does not
9
commence at all.
10
3 Main object of Act
11
The main object of this Act is to establish a National
12
Commissioner for Children and Young People in order to:
13
(a) provide national leadership and advocacy on children's and
14
young people's issues; and
15
(b) monitor and promote the well-being of children and young
16
people, particularly those who are vulnerable or
17
disadvantaged; and
18
(c) encourage understanding of the interests, rights and welfare
19
of children and young people; and
20
(d) encourage the participation of children and young people in
21
the community.
22
4 Principles underlying this Act
23
The following principles underlie this Act:
24
(a) every child is a valued member of society; and
25
(b) the family has the primary responsibility for the upbringing
26
and development of its children and should be supported in
27
that role; and
28
(c) every child is entitled to be protected from abuse,
29
exploitation and discrimination; and
30
(d) every child is entitled to form and express views and have
31
those views taken into account in a way that has regard to the
32
child's age and maturity; and
33
Preliminary Part 1
Section 5
National Commissioner for Children Bill 2008 No. , 2008 3
(e) in decisions involving a child, the child's best interests are of
1
primary concern.
2
5 Definitions
3
In this Act, unless the contrary intention appears:
4
apprehended violence order has the meaning prescribed in the
5
regulations.
6
child means a person who is under the age of 18 years.
7
child abuse means:
8
(a) assault (including sexual assault) of a child; or
9
(b) ill-treatment or neglect of a child; or
10
(c) exposing or subjecting a child to behaviour that
11
psychologically harms the child, whether or not, in any case,
12
with the consent of the child.
13
child-related employment means any employment that involves
14
direct contact with children where the contact is not directly
15
supervised, and includes any employment of a kind prescribed by
16
the regulations but does not include any employment of a kind
17
excluded by the regulations.
18
child-related volunteer means a person who performs work as a
19
volunteer for an organisation and the work involves direct contact
20
with children where the contact is not directly supervised, and
21
includes any work of a kind prescribed by the regulations but does
22
not include any work of a kind excluded by the regulations.
23
Commissioner means the National Commissioner for Children and
24
Young People.
25
Commonwealth agency means:
26
(a) a Department of State; or
27
(b) a body established for a public purpose by or under a law of
28
the Commonwealth.
29
criminal record has the meaning prescribed in the regulations.
30
Part 1 Preliminary
Section 6
4 National Commissioner for Children Bill 2008 No. , 2008
employee means any person who is engaged in employment as
1
defined in this Act.
2
employer means a person who engages a person in employment as
3
defined in this Act, and includes a person who, in the course of a
4
business, arranges for the placement of a person in employment
5
with others.
6
employer-related body means any body that supervises, represents
7
or has other functions with respect to an employer.
8
employment, subject to the regulations, means:
9
(a) performance of work under a contract of employment; or
10
(b) performance of work as a subcontractor; or
11
(c) undertaking practical training as part of an educational or
12
vocational course.
13
relevant disciplinary proceedings means disciplinary proceedings
14
against an employee by the employer or by a professional or other
15
body that supervises the professional conduct of the employee,
16
being completed proceedings involving:
17
(a) child abuse or sexual misconduct by the employee; or
18
(b) acts of violence committed by the employee in the course of
19
employment.
20
The regulations may declare that, for the purposes of this Act,
21
disciplinary proceedings of a particular kind are or are not relevant
22
disciplinary proceedings.
23
young people means people who are 18 to 25 years of age.
24
6 Ope ration of State and Territory laws
25
This Act is not intended to exclude or limit the operation of a law
26
of a State or Territory that is capable of operating concurrently
27
with this Act.
28
7 Extension to external Territories
29
This Act extends to every external Territory.
30
Preliminary Part 1
Section 8
National Commissioner for Children Bill 2008 No. , 2008 5
8 Extent to which Act binds the Crown
1
(1) This Act binds the Crown in right of the Commonwealth, but does
2
not make the Crown liable to be prosecuted for an offence.
3
(2) For the avoidance of doubt, Crown includes the Office of the
4
National Commissioner for Children and Young People.
5
6
Part 2 Office of the National Co mmissioner for Children and Young People
Division 1 Office of the National Co mmissioner for Children and Young People
Section 9
6 National Commissioner for Children Bill 2008 No. , 2008
1
Part 2--Office of the National Commissioner for
2
Children and Young People
3
Division 1--Office of the National Commissioner for
4
Children and Young People
5
9 Establishme nt of the Office of the National Commissioner for
6
Children and Young People
7
(1) The Office of the National Commissioner for Children and Young
8
People is established by this section.
9
(2) The Office of the National Commissioner for Children and Young
10
People consists of the National Commissioner for Children and
11
Young People and the staff mentioned in section 18.
12
10 National Commissioner for Children and Young People
13
(1) There is to be a National Commissioner for Children and Young
14
People, who is appointed by the Governor-General, on the
15
recommendation of the Prime Minister.
16
(2) A person is not qualified to be appointed as the National
17
Commissioner for Children and Young People unless the Prime
18
Minister is satisfied that:
19
(a) the person has appropriate qualifications, knowledge or
20
experience and is of good character; and
21
(b) the person has a demonstrated commitment to, and
22
capacity to advance the cause of, the welfare of
23
children and young people.
24
(3) Before the Commissioner is appointed, a check for any relevant
25
criminal record, any relevant apprehended violence orders, or any
26
relevant disciplinary proceedings in relation to the person to be
27
appointed must be carried out.
28
Office o f the National Co mmissioner for Children and Young People Part 2
Office o f the National Co mmissioner for Children and Young People Division 1
Section 12
National Commissioner for Children Bill 2008 No. , 2008 7
11 Terms and conditions of appointme nt
1
(1) The Commissioner holds office for such period, not exceeding 5
2
years, as is specified in the instrument of the person's appointment,
3
but is eligible for re-appointment.
4
(2) The Commissioner holds office on such terms and conditions (if
5
any) in respect of matters not provided for by this Act as are
6
determined by the Governor-General acting on the advice of the
7
Executive Council.
8
12 Remuneration of Commissioner
9
(1) The Commissioner is to be paid such remuneration as is
10
determined by the Remuneration Tribunal, but, if no determination
11
of that remuneration by the Tribunal is in operation, the
12
Commissioner is to be paid such remuneration as is prescribed in
13
the regulations.
14
(2) The Commissioner is to be paid such allowances as are prescribed
15
in the regulations.
16
(3) This section has effect subject to the Remuneration Tribunal Act
17
1973.
18
13 Leave of absence
19
(1) The Commissioner has such recreation leave entitlements as are
20
determined by the Remuneration Tribunal.
21
(2) The Minister may grant the Commissioner leave of absence, other
22
than recreation leave, on such terms and conditions as to
23
remuneration or otherwise as the Minister determines.
24
14 Outside employme nt
25
Except with the approval of the Minister, the Commissioner must
26
not engage in paid employment outside the duties of the office of
27
the Commissioner.
28
Part 2 Office of the National Co mmissioner for Children and Young People
Division 1 Office of the National Co mmissioner for Children and Young People
Section 15
8 National Commissioner for Children Bill 2008 No. , 2008
15 Resignation
1
The Commissioner may resign from the office of Commissioner by
2
delivering to the Governor-General a signed notice of resignation.
3
16 Termination of appointment
4
(1) The Governor-General may terminate the appointment of the
5
Commissioner by reason of misbehaviour or physical or mental
6
incapacity.
7
(2) The Governor-General must terminate the appointment of the
8
Commissioner if the Commissioner:
9
(a) becomes bankrupt, applies to take the benefit of any law for
10
the relief of bankrupt or insolvent debtors, compounds with
11
creditors or makes an assignment of remuneration for their
12
benefit; or
13
(b) commits any offence against children; or
14
(c) is absent from duty, except on leave of absence, for 14
15
consecutive days or for 28 days in any period of 12 months;
16
or
17
(d) contravenes section 14.
18
17 Acting Commissioner
19
The Minister may appoint a person to act as Commissioner:
20
(a) during a vacancy in the office of Commissioner, whether or
21
not an appointment has previously been made to the office;
22
or
23
(b) during any period, or during all periods, when the
24
Commissioner is absent from duty or from Australia, or is,
25
for any other reason, unable to perform the functions of the
26
office of Commissioner, but a person appointed to act during
27
a vacancy must not continue so to act for more than 12
28
months.
29
18 Staff and consultants
30
(1) The staff necessary to assist the Commissioner must be persons
31
appointed or employed under the Public Service Act 1999.
32
Office o f the National Co mmissioner for Children and Young People Part 2
Office o f the National Co mmissioner for Children and Young People Division 1
Section 18
National Commissioner for Children Bill 2008 No. , 2008 9
(2) For the purposes of the Public Service Act 1999:
1
(a) the Commissioner and the APS employees assisting the
2
Commissioner together constitute a Statutory Agency; and
3
(b) the Commissioner is Head of that Statutory Agency.
4
(3) The Commissioner may engage as consultants persons with
5
suitable qualifications and experience. The terms and conditions on
6
which a consultant is engaged are as determined by the
7
Commissioner.
8
9
Part 2 Office of the National Co mmissioner for Children and Young People
Division 2 Functions of the Commissioner
Section 19
10 National Commissioner for Children Bill 2008 No. , 2008
1
Division 2--Functions of the Commissioner
2
19 Functions of the Commissioner
3
(1) Subject to this Act, the Commissioner has the following functions:
4
(a) to monitor, promote and report on the safety, welfare and
5
well-being of Australian children, including but not restricted
6
to, Aboriginal and Torres Strait Islander and disadvantaged
7
children and young people (see subsection 20(a)); and
8
(b) to increase public awareness of matters relating to the welfare
9
of children and young people; and
10
(c) to promote and support the role of the family and parents in
11
the development and well-being of children; and
12
(d) to promote the interests, rights and welfare of children and
13
young people; and
14
(e) to promote understanding of and investment in early
15
childhood development and requirements for quality child
16
care and early childhood services; and
17
(f) to promote the participation of children and young people in
18
relevant decision making forums; and
19
(g) to develop best practice models and protocols for the
20
provision of services for children and young people, and for
21
dealing with child abuse complaints; and
22
(h) to develop a National Code for the Protection of Children in
23
accordance with Part 3 of this Act; and
24
(i) to act as the legal guardian of unaccompanied children who
25
are not Australian citizens and who arrive in Australia
26
without the requisite visa or other authority for entry into
27
Australia; and
28
(j) to promote the participation of children and young people in
29
informed discussion of issues concerning the interests of
30
children and young people in relevant public and private
31
forums; and
32
(k) to undertake and promote research into issues relating to the
33
welfare of children and young people; and
34
Office o f the National Co mmissioner for Children and Young People Part 2
Functions of the Commissioner Division 2
Section 20
National Commissioner for Children Bill 2008 No. , 2008 11
(l) to monitor and assess the policies and practices of
1
Commonwealth agencies and Commonwealth laws relevant
2
to children and young people; and
3
(m) to monitor programs and initiatives for compliance with the
4
United Nations Convention on the Rights of the Child; and
5
(n) to initiate and conduct inquiries into and make
6
recommendations on any matter, including any enactment or
7
law or any practice or procedure, relating to the welfare of
8
children and young people.
9
(2) The Commissioner has all necessary or convenient powers to
10
perform the Commissioner's functions.
11
(3) Nothing in subsection (1) authorises the Commissioner to deal
12
directly with the individual complaints or concerns of particular
13
children or young people but the Commissioner, on behalf of
14
particular classes of children or in relation to general or systemic
15
issues affecting children, may initiate complaints with or intervene
16
in inquiries being conducted by other bodies authorised to conduct
17
such inquiries.
18
20 How the Commissioner is to perform functions
19
In performing the Commissioner's functions, the Commissioner
20
must:
21
(a) have special regard to and, where appropriate, report
22
specifically on the needs and interests of children and young
23
people who are:
24
(i) of Aboriginal or Torres Strait Islander origin; or
25
(ii) disadvantaged or vulnerable because of disability,
26
geographic isolation, homelessness or poverty; and
27
(b) consult with children and young people in ways appropriate
28
to their age and maturity; and
29
(c) listen to and seriously consider the concerns, views and
30
wishes of children and young people; and
31
(d) adopt work practices that ensure the Office of the
32
Commissioner is accessible to children and young people and
33
encourages their participation; and
34
(e) consult with parents and guardians of children; and
35
Part 2 Office of the National Co mmissioner for Children and Young People
Division 2 Functions of the Commissioner
Section 21
12 National Commissioner for Children Bill 2008 No. , 2008
(f) consult with relevant Commonwealth agencies, State and
1
Territory bodies and other organisations; and
2
(g) refer any individual matters to the appropriate authority.
3
21 Commissioner must act independently
4
(1) In performing the Commissioner's functions, the Commissioner:
5
(a) must act independently and in a way that promotes and
6
protects the rights, interests and well-being of children and
7
young people; and
8
(b) is not under the control or direction of the Minister.
9
(2) Subsection (1) is not limited by section 20 or 22.
10
22 Coope ration with other agencies
11
(1) The Commissioner and other Commonwealth agencies that provide
12
or deal with services or issues affecting children and young people
13
must work in cooperation in the exercise of their respective
14
functions, including the Australian Institute of Family Studies
15
which has responsibility for the National Child Protection
16
Clearinghouse.
17
(2) The Commissioner must consult with State and Territory
18
Governments to develop agreements concerning cooperation and
19
interaction between the Office of the Commissioner and relevant
20
State and Territory bodies, including in connection with the
21
provision of information or access to documents required by the
22
Commissioner in relation to his or her functions.
23
23 Appointment of Deputy Commissione rs
24
(1) The Governor-General, on the advice of the Executive Council,
25
may appoint one or more Deputy Commissioners to carry out
26
specified functions, and in particular, if required, Deputy
27
Commissioners may be appointed for the protection of children
28
and for Aboriginal and Torres Strait Islander children.
29
(2) Deputy Commissioners are appointed by written instrument setting
30
out a specified period of appointment, a specified project or a
31
Office o f the National Co mmissioner for Children and Young People Part 2
Functions of the Commissioner Division 2
Section 23
National Commissioner for Children Bill 2008 No. , 2008 13
specified function to be carried out and any other terms and
1
conditions of appointment.
2
(3) An instrument under subsection (2) is a legislative instrument for
3
the purposes of the Legislative Instruments Act 2003.
4
5
Part 2 Office of the National Co mmissioner for Children and Young People
Division 3 Reports
Section 24
14 National Commissioner for Children Bill 2008 No. , 2008
1
Division 3--Reports
2
24 Report to the United Nations Committee on the Rights of the
3
Child
4
(1) The Commissioner is responsible for preparation of reports to the
5
United Nations Committee on the Rights of the Child under the
6
terms of the United Nations Convention on the Rights of the Child.
7
(2) In preparing such reports, the Commissioner must consult with all
8
relevant Commonwealth agencies, State and Territory bodies and
9
non-government organisations.
10
(3) Each report prepared by the Commissioner under subsection (1)
11
must be given to the Minister who must transmit the report to the
12
Secretary-General of the United Nations as soon as practicable
13
after receiving it.
14
(4) Nothing in this section prevents the Minister or another Minister of
15
the Commonwealth from preparing and transmitting to the
16
Secretary-General of the United Nations other reports to the United
17
Nations Committee on the Rights of the Child on behalf of
18
Australia.
19
25 Reports on inquiries and other functions
20
(1) When the Commissioner conducts an inquiry under paragraph
21
19(1)(n), the Commissioner must prepare a report for Parliament
22
on the inquiry including any recommendations he or she wishes to
23
make in relation to it.
24
(2) The Commissioner may report to the Parliament from time to time
25
on any matter related to his or her functions.
26
(3) Reports to the Parliament prepared under this section must be
27
given to the Minister to be tabled in each House of the Parliament.
28
Office o f the National Co mmissioner for Children and Young People Part 2
Reports Division 3
Section 26
National Commissioner for Children Bill 2008 No. , 2008 15
26 Annual report
1
(1) The Commissioner must, as soon as practicable after each 30 June,
2
prepare and give to the Minister a report of the operations of the
3
Office of the National Commissioner for Children and Young
4
People during the year that ended on that 30 June.
5
(2) The annual report must include reports on progress in development
6
of a National Code for the Protection of Children as required by
7
section 40 of this Act.
8
27 Reports to be tabled in Parliame nt
9
The Minister must cause a copy of every report given to the
10
Minister by the Commissioner under this Division to be laid before
11
each House of the Parliament within 15 sitting days of that House
12
after the report is received by the Minister, unless the
13
Commissioner states in writing that the report should not be made
14
public.
15
16
Part 2 Office of the National Co mmissioner for Children and Young People
Division 4 Advisory Co mmittee on Children
Section 28
16 National Commissioner for Children Bill 2008 No. , 2008
1
Division 4--Advisory Committee on Children
2
28 Definitions
3
In this Division, unless the contrary intention appears:
4
Advisory Committee means the Advisory Committee on Children
5
established by section 29.
6
member means a member of the Advisory Committee.
7
29 Advisory Committee on Children
8
The Advisory Committee on Children is established by this
9
section.
10
30 Membe rship
11
(1) The Advisory Committee is to consist of 9 members.
12
Membership
13
(2) The Minister must ensure that the membership includes:
14
(a) at least one person with extensive experience in each of the
15
following:
16
(i) care or welfare of children;
17
(ii) education of children;
18
(iii) children's health;
19
(iv) Aboriginal or Torres Strait Islander children;
20
(v) child development or related;
21
(vi) a person who can represent the interests of parents,
22
grandparents or guardians;
23
(vii) a person who has at least 5 years experience in
24
delivering services to children;
25
(viii) a person who has undertaken academic research in a
26
field related to the welfare or development of children;
27
(ix) a person representing organisations in which children
28
participate.
29
Office o f the National Co mmissioner for Children and Young People Part 2
Advisory Committee on Ch ildren Division 4
Section 31
National Commissioner for Children Bill 2008 No. , 2008 17
Appointment
1
(3) The Minister must appoint members by written instrument.
2
Chair
3
(4) The Minister must appoint a member to be the Chair of the
4
Advisory Committee.
5
31 Functions
6
The functions of the Advisory Committee are:
7
(a) on its own initiative, or when requested by the
8
Commissioner, to advise the Commissioner on matters
9
relevant to his or her functions; and
10
(b) subject to any direction given by the Commissioner, to advise
11
on and promote community education, and community
12
consultation, in relation to the protection and well-being of
13
children and young people.
14
32 Procedures of the Advisory Committee
15
The Advisory Committee is to determine its own procedures.
16
33 Appointment conditions of members
17
The regulations may prescribe matters related to the members of
18
the Advisory Committee on Children including, but not limited to:
19
(a) term of appointment; and
20
(b) resignation; and
21
(c) disclosure of interests; and
22
(d) termination of appointment; and
23
(e) leave of absence; and
24
(f) payment of allowances.
25
26
Part 2 Office of the National Co mmissioner for Children and Young People
Division 5 Other advice
Section 34
18 National Commissioner for Children Bill 2008 No. , 2008
1
Division 5--Other advice
2
34 Commissioner may establish other committees
3
(1) The Commissioner may establish committees in addition to the
4
Advisory Committee as he or she sees fit.
5
(2) A committee established under subsection (1) has such
6
membership, functions and conditions as are determined by the
7
Commissioner.
8
35 Commissioner to seek advice in relation to young people
9
When dealing with matters relating to young people, the
10
Commissioner must seek advice from existing youth advocacy
11
bodies and may seek advice from other relevant bodies.
12
36 Commissioner may consult other bodies
13
In addition to the Advisory Committee, the Commissioner may
14
consult any existing committee or body in relation to children's
15
issues as he or she sees fit.
16
17
National Code for the Protection of Children Part 3
Other advice Division 5
Section 37
National Commissioner for Children Bill 2008 No. , 2008 19
1
Part 3--National Code for the Protection of
2
Children
3
37 Object of Part
4
The object of this Part is to ensure that there are national standards
5
to protect children from abuse and that they receive a minimum
6
standard of care and services.
7
38 National Code for the Protection of Children
8
(1) The Commissioner must consult with relevant Commonwealth
9
agencies and State and Territory bodies in order to develop a
10
National Code for the Protection of Children (the Code).
11
(2) The Code may include:
12
(a) procedures and protocols for the use of any national register
13
of child sex offenders; and
14
(b) standards for providers of services to children; and
15
(c) requirements for relevant government contracts to contain
16
provisions which guarantee that no child will be abused in
17
the provision of the contractual good or service; and
18
(d) standards for procedures for the handling of complaints
19
relating to the provision of services to children; and
20
(e) requirements for compliance with the United Nations
21
Convention on the Rights of the Child; and
22
(f) any other matters prescribed in the regulations.
23
39 Implementation
24
The Commissioner must make recommendations to the Minister on
25
how the Code is to be implemented, including any legislative
26
changes to be made and how the Code would apply to
27
Commonwealth agencies, State and Territory bodies, businesses
28
and organisations, and any transitional arrangements that are
29
required.
30
Part 3 National Code for the Protection of Children
Division 5 Other advice
Section 40
20 National Commissioner for Children Bill 2008 No. , 2008
40 Code to be prepared in first term
1
(1) The Commissioner must give to the Minister a draft Code and
2
implementation recommendations under section 39 as soon as
3
possible and within 5 years of the appointment of the first
4
Commissioner.
5
(2) The Commissioner must report on progress on the development of
6
the Code, including the positions of each of the States and
7
Territories in relation to the Code, in the annual report prepared
8
under section 26.
9
10
Miscellaneous Part 4
Other advice Division 5
Section 41
National Commissioner for Children Bill 2008 No. , 2008 21
1
Part 4--Miscellaneous
2
41 Regulations
3
The Governor-General may make regulations, not inconsistent with
4
this Act, prescribing matters:
5
(a) required or permitted by this Act to be prescribed; or
6
(b) necessary or convenient to be prescribed for carrying out or
7
giving effect to this Act.
8