Tel Fax PO Box CASUARINA NT 0811 ABN CHANGES TO THE CARE AND PROTECTION OF CHILDREN ACT: F unctions of the Children’s Commissioner NT Council of Social Services Forum June, 2011, Dr Howard Bath Children’s Commissioner NT

The functions of the Children’s Commissioner a.to investigate complaints about services required to be provided to protected children by service providers b.to monitor the ways in which service providers respond to reports made by the Commissioner c.to monitor the administration of this Act in so far as it relates to protected children; and

The functions of the Children’s Commissioner d.to monitor the implementation of any government decision arising from the Inquiry into the Protection of Aboriginal Children from Sexual Abuse e.To report to the Minister on a matter mentioned in paragraphs (a) to (d) as requested by the Minister

Changes to the Act relating to these functions The complaints function for ‘protected’ children is extended to vulnerable children (as defined)

Changes to the Act relating to these functions A ‘Vulnerable’ child is: (a)a child subject to power or function under Chapter 2 (‘protected’ children) (b)a child who has been arrested or is on bail…or has a Youth Justice order (c)A child in relation to whom a VSA order is in force

a ‘vulnerable’ child is… (d)a child who is suffering from a mental illness or is mentally disturbed, or has a disability (e)a child who is seeking child-related services (by nature ‘social services’) (f)a child in relation to whom a VSA order is in force (g)also applies to a young person who has left the CEO’s care

Changes to the Act relating to the functions of the Children’s Commissioner An own motion capacity is added to the complaints function. For any matter that ‘may form the grounds of a complaint…irrespective of when the matter occurred and whether a complaint was made’ s.260(1)(ii)

Services and service providers Complaints must be about services required to be provided to vulnerable children by service providers… A service is: ‘any service(s) relating to the care or wellbeing of the child’ (s.264(2)

Services and service providers A service provider is: A public authority or another person or body acting…under an arrangement with a public authority…and an operator of ‘child-related services’ (to be clarified by regulation)

Changes to the Act relating to the functions of the Children’s Commissioner A new Children’s Commissioner function has been added: Receiving and processing ‘submissions’ ‘about the recommendations arising from the Board of Inquiry into the Child Protection System of the Northern Territory’ (s. 260(1)(e)).

Changes to the Act relating to the functions of the Children’s Commissioner Submissions about the Board of Inquiry recommendations. The Commissioner must: Pass a copy on to the Minister ‘Deal with’ matters relating to vulnerable children Advise, or make recommendations to the Minister ‘may’ notify the Minister of any proposed action the Commissioner proposes to take in relation to the submission (s.261)

Changes to this and other Acts relating to the functions of the Children’s Commissioner Specified powers to obtain information to perform functions Consequential changes to other related Acts including other complaint entities – clarification of the respective roles of the Ombudsman and Children’s Commissioner. The Ombudsman will refer to the CC complaints that relate to vulnerable children