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Commission for Children and Young
People Bill 2012
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purposes of the Bill, which are--
to establish a Commission for Children and Young
People; and
to provide for the functions, powers and duties of the
Commission; and
to repeal and re-enact with amendments certain
provisions of the Child Wellbeing and Safety Act
2005.
Clause 2 provides for the Bill to come into operation on a day or days to
be proclaimed or, if not proclaimed sooner, on 1 April 2012.
Clause 3 sets out the definitions of words or terms used in the Bill.
Key definitions include--
authorised person means a person authorised by the
Commission under clause 22;
Commissioner means an additional Commissioner
appointed under clause 12;
571080 1 BILL LA INTRODUCTION 13/11/2012
IBAC means the Independent Broad-based Anti-
corruption Commission established under the
Independent Broad-based Anti-corruption
Commission Act 2011;
primary family carer means a child's parent or
guardian, or another person, who has daily care and
control of the child, whether or not that care involves
custody of the child;
Principal Commissioner means the Principal
Commissioner appointed under clause 11;
Secretary means the Secretary to the Department of
Human Services established under the Public
Administration Act 2004.
Clause 4 defines the term child protection client, which is used in the Bill,
to mean a person who is the subject of a report under section 28,
33(2), 183 or 184 of the Children Youth and Families Act 2005
and whose case the Secretary has not recorded in the central
register as closed.
Clause 5 defines the term vulnerable children and young persons, which
is used in the Bill.
PART 2--COMMISSION FOR CHILDREN AND YOUNG
PEOPLE
Division 1--The Commission
Clause 6 establishes the Commission for Children and Young People and
states that the Commission is constituted by the Principal
Commissioner.
Clause 7 establishes that the objective of the Commission is to promote
continuous improvement and innovation in--
policies and practices relating to the safety and
wellbeing of vulnerable children and young persons,
and children and young persons generally; and
the provision of out of home care services for children.
2
Clause 8 provides for the functions of the Commission. Subclause (1)
specifies those functions, which include--
to provide advice to Ministers, Government
Departments, health services and human services about
policies, practices and the provision of services relating
to the safety or wellbeing of vulnerable children and
young persons;
to promote the interests of vulnerable children and
young persons in the Victorian community;
to monitor and report to Ministers on the
implementation and effectiveness of strategies relating
to the safety or wellbeing of vulnerable children and
young persons;
the functions relating to inquiries conferred by Part 5 of
the Bill;
any other functions conferred on the Commission under
the Bill or any other Act.
Subclause (2) specifies that the Commission must act
independently and impartially in performing its functions.
Subclause (3) requires the Commission, when performing a
function in relation to a vulnerable child or young person, to
perform the function for the purpose of promoting the best
interests of the child or person.
Clause 9 empowers the Commission, subject to the Bill, to do all things
that are necessary or convenient to be done for or in connection
with the performance of its functions under the Bill or any other
Act.
Clause 10 sets out the functions and powers of the Principal Commissioner.
The clause provides that the Principal Commissioner has all the
functions and powers of the Commission, and that all things done
by the Principal Commissioner in the name of or on behalf of the
Commission are taken to have been done by the Commission.
It further provides that the Principal Commissioner has any other
powers or functions conferred on the Principal Commissioner
under the Bill or any other Act.
3
Division 2--Principal Commission and additional Commissioners
Clause 11 establishes the process for the Governor in Council to appoint the
Principal Commissioner.
Subclause (1) establishes that the Governor in Council, on the
recommendation of the Minister, may appoint a person as
Principal Commissioner.
Subclause (2) provides that the Minister must not recommend a
person for appointment as Principal Commissioner unless the
Minister is satisfied that the person is qualified for such
appointment because of his or her knowledge and experience.
Subclause (3) provides that the Principal Commissioner must be
appointed on a full-time basis.
Clause 12 enables the Governor in Council, on the recommendation of the
Minister, to appoint an additional Commissioner whom the
Minister considers has the knowledge and experience for the role.
Subclause (3) provides that an additional Commissioner may be
appointed on a full-time or part-time basis.
Clause 13 establishes the Principal Commissioner and a Commissioner's
entitlements to be paid the remuneration and allowances that are
determined from time to time by the Governor in Council.
Clause 14 sets out the terms and conditions of appointment as a Principal
Commissioner or a Commissioner. It provides that they hold
office for the period, not exceeding 5 years, specified in their
instruments of appointment, are eligible for re-appointment and
hold office on the terms and conditions determined by the
Governor in Council.
Clause 15 establishes the circumstances in which the Principal
Commissioner or a Commissioner ceases to hold office.
Those are if he or she--
resigns by notice delivered to the Minister;
becomes an insolvent under administration;
is convicted of an indictable offence or an offence that,
if committed in Victoria, would be an indictable
offence;
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nominates for election to any Australian Parliament;
is removed from office under clause 16.
Clause 16 enables the Governor in Council, at any time, to remove the
Principal Commissioner or a Commissioner from office on any of
the following grounds--
misconduct;
neglect of duty;
inability to perform the duties of his or her office;
engagement in any paid employment outside the duties
of his or her office;
any other ground on which the Governor in Council is
satisfied that the Principal Commissioner or the
Commissioner is unfit to hold his or her office.
Clause 17 enables the Governor in Council to appoint a person as Acting
Principal Commissioner on the vacancy, or absence from duty, of
the Principal Commissioner. The Governor in Council may
revoke an acting appointment at any time.
Clause 18 enables the Governor in Council to appoint a person as an Acting
Commissioner on the vacancy, or absence from duty, of a
Commissioner. The Governor in Council may revoke an acting
appointment at any time.
Clause 19 establishes that the Public Administration Act 2004 does not
apply to the office of the Principal Commissioner or a
Commissioner except as provided in section 16 of that Act in
respect of the Principal Commissioner.
Division 3--General
Clause 20 provides that the Commission may by instrument delegate to a
Commissioner or a member of staff employed under clause 21
any power or function, other than a power or function specified
in subclause (3).
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Subclause (3) establishes that the following functions and powers
of the Commission are not delegable--
the power to decide whether to conduct an inquiry under
Part 5;
the power to give a report to Parliament under
clause 50;
the power to publish a report on an appropriate Internet
site under clause 52;
a power of delegation under this clause.
Clause 21 enables the employment under Part 3 of the Public
Administration Act 2004 of any employees that are necessary
to assist the Commission in performing its functions.
Clause 22 establishes that the Commission may authorise any person with
appropriate qualifications or training to assist the Commission in
performing its functions. The authorisation may be general or
limited to specified functions.
Clause 23 requires the Secretary to ensure that the Commission or an
authorised person is provided with any assistance in connection
with the reasonable exercise of the Commission's functions that
the Commission or authorised person reasonably requires.
PART 3--WORKING WITH CHILDREN
Clause 24 provides for the Commission to have functions to review and
report on the administration of the Working with Children Act
2005 and, in consultation with the Secretary to the Department of
Justice, to educate and inform the community about that Act.
Clause 25 sets out the requirements for the Commission to review and
report annually on the administration of the Working with
Children Act 2005. The report must be provided to the Minister
and the Minister administering the Working with Children Act
2005 and the Secretary to the Department of Justice.
Clause 26 requires the Secretary to the Department of Justice to ensure that
the Commission or an authorised person is provided with any
assistance in connection with the reasonable performance of the
Commission's functions under Part 3 that the Commission or
authorised person reasonably requires.
6
Clause 27 provides that the Commission or an authorised person may have
and must be given access to the records kept by the Secretary to
the Department of Justice under the Working with Children Act
2005 in relation to the administration of that Act. Subclause (2)
provides that this clause applies despite anything to the contrary
in the Working with Children Act 2005.
PART 4--MONITORING OUT OF HOME CARE SERVICES
Clause 28 sets out the Commission's functions in relation to out of home
care services for children.
Clause 29 requires a person in charge of an out of home care service to
ensure that the Commission or an authorised person is provided
with any assistance in connection with the reasonable
performance of the Commission's functions under Part 4 that
the Commissioner or authorised person reasonably requires.
Clause 30 provides for the Commission or an authorised person to have
access to relevant records held by the Department of Human
Services and an out of home care service if the Commission is
investigating an out of home care service at the request of the
Minister.
PART 5--INQUIRIES
Division 1--Preliminary
Clause 31 establishes that the object of an inquiry under Part 5 of the Bill is
to promote continuous improvement and innovation in policies
and practices relating to child protection and the safety and
wellbeing of vulnerable children and young persons, and children
and young persons generally.
Clause 32 expresses the intention of Parliament that the Commission should
liaise with other investigative authorities, official bodies and
statutory officers to avoid unnecessary duplication of inquiries
and to facilitate the coordination and expedition of inquiries that
are to be separately conducted by different authorities, bodies or
officers.
Clause 33 provides that nothing in Part 5 of the Bill is intended to limit or
affect any power or function of a coroner or a member of the
police to investigate the death of a child.
7
Division 2--Inquiries concerning death of child protection clients
Clause 34 sets out the functions of the Commission in relation to the death
of a child protection client. Subclause (1) establishes that the
Commission must conduct an inquiry in relation to the death of a
child who was a child protection client at the time of his or her
death or within 12 months before his or her death. Subclause (2)
requires the inquiry to relate to the services provided, or omitted
to be provided, to the child before his or her death.
Clause 35 requires the Secretary to advise the Commission of a death
referred to in clause 34 if the Secretary is aware of that death.
Clause 36 clarifies that this Division applies to the death of a child
irrespective of whether that death occurred before or after the day
on which this clause comes into operation.
Division 3--Inquiries concerning children or young persons
Clause 37 empowers the Commission to conduct inquiries concerning a
vulnerable child or young person, or a group of those children
and young persons. The term vulnerable child or young person
is defined in clause 5 of the Bill.
Subclause (1) enables the Commission, if it considers that it is
appropriate to do so, to conduct an inquiry in relation to a matter
relating to the safety or wellbeing of a vulnerable child or young
person or a group of vulnerable child or young persons.
Subclause (2) specifies that the inquiry must relate to the services
provided, or omitted to be provided, to or in relation to a child or
young person who is the subject of the inquiry.
Subclause (3) allows an inquiry to be undertaken in respect of a
vulnerable child or young person who has died.
Clause 38 provides that the Minister may recommend that an inquiry under
this Division be undertaken. Subclause (2) requires the
Commission to determine, in accordance with clause 37, whether
or not it will conduct the inquiry. Subclause (3) provides that the
Commission must give the Minister a statement of reasons as
soon as practicable if it determines not to conduct an inquiry as
recommended by the Minister.
8
Division 4--Inquiries concerning provision of services
Clause 39 empowers the Commission to conduct inquiries concerning the
provision of services by a health service, human service or
school. Health service, human service and school are defined in
clause 3.
Subclause (1) establishes that the power to conduct an inquiry
under this clause is subject to the Commission--
identifying a persistent or recurring systemic issue in the
provision of those services; and
considering that a review of those services will assist in
the improvement of the provision of those services; and
considering that the inquiry can be conducted within the
resources of the Commission.
Subclause (2) specifies that the inquiry must relate to services
provided, or omitted to be provided, to or in relation to--
a vulnerable child or young person or a group of
vulnerable children or young persons; or
a child or group of children if those services deal with
matters affecting their safety, or wellbeing; or
a primary family carer or group of them, if those
services deal with matters affecting or may otherwise
affect the safety or wellbeing of those carers' children.
Subclause (3) specifies that the Commission must not conduct an
inquiry under this Division into the appropriateness or otherwise
of clinical decision-making by a registered health practitioner.
Subclause (4) defines registered health practitioner to mean a
person registered under the Health Practitioner Regulation
National Law to practise a health profession (other than as a
student).
Clause 40 provides that the Minister may recommend that an inquiry under
this Division be undertaken. Subclause (2) requires the
Commission to determine, in accordance with clause 39, whether
or not it will conduct the inquiry. Subclause (3) provides that the
Commission must give the Minister a statement of reasons as
soon as practicable if it determines not to conduct an inquiry as
recommended by the Minister.
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Division 5--Conduct of inquiries
Clause 41 provides that the Commission must notify the Minister before
conducting an inquiry under Division 3 or 4. It also provides that
the Commission must notify another Minister if the Commission
considers that the inquiry may involve consideration of a matter
that is the responsibility of the other Minister.
Clause 42 establishes that, for the purposes of an inquiry under Part 5, the
Commission or an authorised person may have and must be given
access to such information held by specified Government
Departments and services in relation to a person or the services
that are the subject of the inquiry and that the Commission or
authorised person reasonably requires.
The specified departments are the Department of Education and
Early Development, the Department of Health, the Department of
Human Services and the Department of Justice.
The specified services are a registered community service, a
health service, a human service, or a school.
Subclauses (2) and (3) provide that access to information,
documents or records under clause 42 must be provided by the
person in charge of the registered community service, health
service, human service or school that holds that information.
Clause 43 allows the Commission or an authorised person to request a
relevant professional to provide such information as the
Commission or authorised person reasonably requires in relation
a person, or the services, that are the subject of the inquiry.
Subclause (2) provides that a relevant professional may disclose
information that relates to a person or the services that are the
subject of the inquiry.
Subclause (3) sets out the matters that a relevant professional
must have regard to when determining whether to make a
disclosure under subclause (2).
Subclause (4) defines relevant professional to mean a health
professional, a welfare practitioner or an education professional.
These terms are defined in clause 3.
10
Clause 44 protects the disclosers of information under clause 42 or 43 from
any liability including a breach of professional ethics if the
disclosure is made in good faith.
Clause 45 provides that the protection against self-incrimination applies to
persons who are required under clause 42, or requested
under clause 43, to give information or do any other thing.
The protection against self-incrimination is a reasonable excuse
for not complying with that requirement or request.
Division 6--Reporting to Ministers and the Secretary
Clause 46 requires the Commission to give a report of an inquiry under
Part 5 to the Minister and the Secretary in accordance with
Division 6.
Clause 47 requires the Commission to also give a copy of the report of an
inquiry to a Minister if the report considers a matter that is the
responsibility of that Minister.
Clause 48 establishes that the Commission must give a person, a health
service, a human service or a school an opportunity to respond to
adverse material about them in a report before the report can be
provided to a Minister or the Secretary. Subclause (2)(b) clarifies
that, in relation to a health service, human service or a school, the
opportunity to respond is be given to the person in charge of the
service or school.
Division 7--Reporting to Parliament
Clause 49 specifies the circumstances in which the Commission may give a
report of an inquiry to Parliament in accordance with Division 7.
It provides that the Commission may do this if the inquiry was an
inquiry under Division 4 in relation to the provision of services,
and if the Commission has given the report or a copy of the
report to the Minister, the Secretary or any other Minister to
whom the Commission must give a report in accordance with
clause 47. Additionally, at least 14 days must have elapsed since
the report or copy of the report was given to those persons before
the Commission may give the report to Parliament.
11
Clause 50 Subclause (1) enables the Commission to give a copy of a report
to each House of the Parliament in the circumstances set out in
clause 49.
Subclauses (2), (3), (4) and (5) outline the processes for the
transmission of the report and for it to be laid before each House
of the Parliament. In particular, subclause (3) provides the
process for transmitting the report to Parliament when neither
House of the Parliament is sitting.
Subclause (6) provides that a copy of a report given to the clerk
of the Parliament under subclause (1) or (3)(b) is taken to have
been published by order, or under the authority, of that House.
Clause 51 prevents the Commission from giving a copy of the report to the
Parliament under clause 50 if the report contains information that
identifies the following persons, or information from which the
following persons can be identified--
a child, young person, or family carer to whom, or in
relation to whom, the services that are the subject of the
inquiry were provided;
a member of the family of a child or young person to
whom, or in relation to whom, the services that are the
subject of the inquiry were provided.
Clause 52 provides that the Commission may publish, on an appropriate
Internet site, a copy of the report that is given to Parliament in
accordance with clause 50.
Subclause (2) provides that the publication of a report by the
Commission in accordance with this clause carries absolute
Parliamentary privilege.
Clause 53 allows the Commission to disclose to certain authorities any
information that is acquired by the Commission or an authorised
person in performing functions under Part 5. The clause specifies
the authorities as the Ombudsman, the IBAC, a coroner, the
Disability Services Commissioner, the Health Services
Commissioner and the Privacy Commissioner.
Subclause (2) prevents the disclosure of information under this
clause unless the information is relevant to the performance of a
function conferred on the person under an Act.
12
PART 6--CONFIDENTIALITY
Clause 54 defines terms that are used in Part 6. Part 6 concerns the
confidentiality of certain information, and provides offences for
breaching those confidentiality requirements. Clause 54 defines
protected information to mean information acquired by a
relevant person by reason of being a relevant person. The clause
also defines relevant person to mean a Commissioner, a delegate
of the Commission, an authorised person or a member of the staff
of the Commission.
Clause 55 prohibits a person who is or has been a relevant person from
directly or indirectly disclosing protected information to any
other person, subject to two exceptions. The first exception
permits a person to make that disclosure to the extent necessary
to perform functions or exercise powers under the Bill.
The second exemption permits a person to make that disclosure
to the extent necessary to give information that he or she is
expressly authorised, permitted or required to give under the Bill.
The maximum penalty for an offence under the clause is
60 penalty units.
Clause 56 allows a relevant person to disclose protected information to
another relevant person in connection with the performance of
the Commission's functions or the exercise of the Commission's
functions under this Bill.
Clause 57 allows a person who is or has been a relevant person to disclose
protected information to a court or tribunal in the course of
criminal legal proceedings or in accordance with an order of a
court or tribunal made under another Act or law.
Clause 58 allows a person who is or has been a relevant person to disclose
protected information to an Australian legal practitioner for the
purpose of obtaining legal advice or representation.
Clause 59 allows a relevant person to disclose information acquired under
Part 3. Part 3 provides functions in relation to the Working with
Children Act 2005. The information may be disclosed if the
Minister responsible for administering the Working with
Children Act 2005 consents to the disclosure and the relevant
person complies with any condition specified by that Minister.
13
Subclause (2) specifies that such Minister must be of the opinion
that the disclosure is in the public interest before consenting to a
disclosure of information under this clause.
Clause 60 allows the Commission to disclose to the Minister or Secretary
any information acquired by the Commission in performing its
functions and exercising its powers under this Act.
PART 7--GENERAL
Clause 61 sets out the requirements for the mandatory notification of
corrupt conduct to IBAC.
Clause 62 enables the Governor in Council to make regulations for or with
respect to any matter or thing required or permitted by the Bill to
be prescribed or necessary to be prescribed to give effect to the
Bill.
PART 8--SAVINGS AND TRANSITIONAL PROVISIONS
Clause 63 defines the following terms used in this Part--
commencement date means the day on which this Bill
comes into operation; and
Child Safety Commissioner has the same meaning as it
has in the old Act; and
Old Act means the Child Wellbeing and Safety Act
2005 as in force immediately before the commencement
date.
Clause 64 is a general savings provision. Subclause (2) provides that if a
repealed provision of the Child Wellbeing and Safety Act 2005
continue to apply by force of this Part, any other repealed
provision of that Act necessary to give effect that continued
provision also continue to apply. Subclause (1) provides that this
Part does not affect or take away from the Interpretation of
Legislation Act 1984. Subclause (3) provides that this Part
applies despite anything to the contrary in any other provision of
this Bill.
Clause 65 abolishes the office of the Child Safety Commissioner and states
that the Child Safety Commissioner goes out of office.
14
Clause 66 provides that on the commencement day, any references to the
Child Safety Commissioner in any Act (other than this Bill), or
rule, regulation, agreement, instrument, deed or other document
are to be construed as references to the Commission insofar as
such references are not inconsistent with the context or subject-
matter.
Clause 67 provides for transitional arrangements in relation to child death
inquiries conducted under section 33 of the Child Wellbeing and
Safety Act 2005. The clause enables Division 4 of Part 6 of that
Act to continue to apply to a child death inquiry under section 33
of that Act that is in progress when this Part comes into
operation. Division 4 of Part 6 contains the Child Safety
Commissioner's functions and powers in relation to child deaths
and child safety inquiries.
Clause 68 provides that the Commission is not required to conduct a child
death inquiry under clause 34 in relation to a child whose death
was or could have been the subject of an inquiry under section 33
of the Child Wellbeing and Safety Act 2005. Subclause (2)
provides that the Secretary is not required under clause 35 to
advise the Commission of a death of a child protection client as
described in clause 34 if the Secretary had advised the Child
Safety Commissioner of that death in accordance with
section 33(4) of the Child Wellbeing and Safety Act 2005.
Clause 69 provides for transitional arrangements in relation to child safety
inquiries under section 33A(1) of the Child Wellbeing and
Safety Act 2005.
Subclause (1) relates to recommendations made by the Minister
under section 33A(1) of the Child Wellbeing and Safety Act
2005. On receiving a recommendation, section 33A(2) requires
the Child Safety Commissioner to conduct an inquiry.
Subclause (1) enables Division 4 of Part 6 of that Act (including
section 33A(2)) to continue to apply to the recommendation
when this Part comes into operation.
Subclause (2) enables Division 4 of Part 6 of that Act to continue
to apply to a child safety inquiry under section 33A of that Act
that is in progress when this Part comes into operation.
15
Clause 70 concerns the power of the Commission to conduct inquiries under
Division 3 of Part 5 in relation to services provided, or omitted to
be provided, before this Part comes into operation. This clause
provides that the Commission must not conduct an inquiry in
relation to those services unless the Commission considers that
the inquiry will assist in the improvement of the provision of
those services.
Clause 71 provides for application of the confidentiality provisions in Part 6
of this Bill in relation to the administration of Part 6 of the Child
Wellbeing and Safety Act 2005, which is being replaced by this
Bill.
Clause 72 requires the Commission to include in its first annual report
under Part 7 of the Financial Management Act 1994 a report on
the operation of Part 6 of the Child Wellbeing and Safety Act
2005 between 1 July 2012 and the commencement of the Bill.
The Child Safety Commissioner is required under section 41 of
the Child Wellbeing and Safety Act 2005 to submit an annual
report on the operation of Part 6 of that Act to the Minister on or
before 31 December in each year. The clause provides for the
inclusion of the required information between the Child Safety
Commissioner's last annual report and the commencement of the
Bill.
PART 9--CONSEQUENTIAL AMENDMENTS
Division 1--Amendments of Child Wellbeing and Safety Act 2005
Clause 73 repeals section 1(d) and (e) of the Child Wellbeing and Safety
Act 2005. Section (1) (d) provided for, and conferred functions
and powers on the Child Safety Commissioner. These provisions
are no longer relevant because the Child Safety Commissioner
will go out of office when Part 8 of the Bill comes into operation.
Clause 74 repeals a number of definitions in section 3 of the Child
Wellbeing and Safety Act 2005 including the definition of
Secretary. These definitions are no longer relevant because
Part 6 of that Act is being repealed by the Bill. Subclause (2)
adjusts the punctuation of what will be the final definition once
the other definitions are repealed.
16
Clause 75 amends section 7 of the Child Wellbeing and Safety Act 2005
to include a reference to the Department of Human Services after
the word "Secretary". Section 7 requires the Secretary to work
with Aboriginal communities to establish a Victorian Aboriginal
Child Wellbeing Charter. The amendment clarifies the reference
to the Secretary in that section.
Clause 76 amends section 9(1) and (4) of the Child Wellbeing and Safety
Act 2005 to remove the references to the Child Safety
Commissioner. Section 9 provides for the constitution of the
Victorian Children's Council and the Child Safety Commissioner
as a member of the Council. The references to the Child Safety
Commissioner are no longer relevant because the Child Safety
Commissioner will go out of office when Part 8 of the Bill comes
into operation.
Clause 77 repeals Part 6 of the Child Wellbeing and Safety Act 2005,
which provided for the establishment, object, functions and
powers of the Child Safety Commissioner. Part 6 of that Act is
substantially re-enacted with amendments in the Bill.
Clause 78 amends section 43(1) (c) of the Child Wellbeing and Safety Act
2005 to include a reference to the Department of Education and
Early Childhood Development after the word "Secretary".
Section 43(1) requires a responsible person as defined in
section 12 of the Birth, Death and Marriages Registration Act
1996 to report a child birth in Victoria to the "Secretary" in
certain cases. The amendment clarifies the reference to Secretary
in that section.
Clause 79 amends section 45 of the Child Wellbeing and Safety Act 2005
to include a reference to the Department of Education and Early
Childhood Development after the word "Secretary". Section 45
requires the Chief Executive Officer of a council to send a
copy of a birth notice to the "Secretary" in certain cases.
The amendment clarifies the reference to Secretary in that
section.
Clause 80 repeals section 48 of the Child Wellbeing and Safety Act 2005.
Section 48 repealed Part IX of the Health Act 1958 and is now
spent and can be repealed.
17
Division 2--Amendment of other Acts
Clause 81 amends the Independent Broad-based Anti-corruption
Commission Act 2011 to insert new section 49C(2)(e).
The amendment adds the Commission as a body to whom IBAC
must refer a complaint or notification in accordance with
section 49C(1) of that Act.
Clause 82 amends the Information Privacy Act 2000 to insert new
section 34C. New section 34C enables the Privacy
Commissioner to refer a complaint to the Commission if the
complaint could be made the subject of an inquiry under the Bill.
The clause also provides for a complainant and respondent to be
notified in writing if a referral is made to the Commission.
Clause 83 amends the Public Administration Act 2004 to insert new
sections 6(1)(ab) and 16(kb). New section 6(1)(ab) deems the
Commission to be a special body for the purposes of that Act.
New section 16(1)(kb) establishes that the Principal
Commissioner will have the functions of a public service body
head in relation to employees in the office of the Commission.
Division 3--Repeal of Part 9
Clause 84 provides for the automatic repeal of Part 9 of the Bill on 1 April
2014. The repeal of Part 9 does not affect the continuing
operation of the amendments or repeals made by it (see section
15(1) of the Interpretation of Legislation Act 1984).
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