Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022 (ACT)
Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022
A2022-25
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
Part 2 Objects and important concepts
6 Objects of Act 4
7 Aboriginal and Torres Strait Islander cultural principles 5
Part 3 Office of the Aboriginal and Torres Strait Islander Children and Young People Commissioner
Division 3.1 Establishment of commissioner’s office etc
8 Establishment of commissioner’s office 7
9 Independence of commissioner’s office 7
Division 3.2 Aboriginal and Torres Strait Islander Children and Young People Commissioner
10 Appointment of commissioner 7
11 Commissioner’s functions 9
12 Annual statement by commissioner 10
13 Ending commissioner’s appointment 11
14 Delegation of commissioner’s functions 12
15 Cooperation with human rights commission 12
Division 3.3 Staff etc of commissioner’s office
16 Advisory committees 12
17 Arrangements for staff and facilities 12
18 Consultants and contractors 13
19 Engagement of lawyer by commissioner 13
Part 4 Advocacy and inquiry by commissioner
Division 4.1 Inquiry by commissioner
20 Commissioner may conduct inquiry 14
21 Conduct of inquiry 14
22 Notice of inquiry 15
23 Recommendation in relation to inquiry 15
Division 4.2 Advocacy by commissioner for individuals
24 Recommendation in relation to advocacy 16
Division 4.3 Report in relation to inquiry etc
25 Report in relation to inquiry or matter of public importance 16
Part 5 Information gathering and sharing
26 Definitions—pt 5 18
27 Power to require information, documents and other things 18
28 Limit on power to ask for information, documents and other things—identifying information 19
29 Limit on power to ask for information, documents and other things—consent for personal information 20
30 Failure to give information, document or other thing 21
31 Power to require attendance 21
32 Failure to attend 22
33 Abrogation of privilege against self-incrimination 24
34 Information sharing—human rights commission 24
35 Secrecy 25
Part 6 Miscellaneous
36 Protection of officials from liability 28
37 Protection of others from liability 28
38 Regulation-making power 28
Part 7 Legislation amended
39 Legislation amended—sch 1 29
Schedule 1 Consequential amendments 30
Part 1.1 Children and Young People Act 2008 30
Part 1.2 Children and Young People Regulation 2009 44
Part 1.3 Court Procedures Act 2004 45
Part 1.4 Human Rights Commission Act 2005 49
Part 1.5 Official Visitor Act 2012 52
Dictionary55
Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022
A2022-25
An Act to establish the office of the Aboriginal and Torres Strait Islander Children and Young People Commissioner, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022.
Commencement
This Act commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘protected information, for part 5 (Information gathering and sharing)—see section 26.’ means that the term ‘protected information’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of this Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Objects and important concepts
Objects of Act
(1)The main objects of this Act are to—
(a)promote and protect the rights of Aboriginal and Torres Strait Islander children and young people; and
(b)establish the office of the Aboriginal and Torres Strait Islander Children and Young People Commissioner; and
(c)provide for the commissioner’s office to—
(i)advocate for the rights of Aboriginal and Torres Strait Islander children and young people, individually and collectively; and
(ii)identify and examine issues that affect the human rights and wellbeing of Aboriginal and Torres Strait Islander children and young people; and
(iii)make recommendations to government and non‑government agencies on legislation, policies, practices and services that affect Aboriginal and Torres Strait Islander children and young people.
(2)The objects are intended to operate consistently with—
(a)the Human Rights Act 2004; and
(b)the principles set out in the Convention on the Rights of the Child; and
(c)the principles set out in the Declaration on the Rights of Indigenous Peoples.
(3)In this section:
Convention on the Rights of the Child means the United Nations Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20 November 1989, as amended and in force for Australia from time to time.
NoteThe Convention on the Rights of the Child is accessible at on the Rights of Indigenous Peoples means the United Nations Declaration on the Rights of Indigenous Peoples adopted by the General Assembly of the United Nations on 13 September 2007, as amended and in force for Australia from time to time.
NoteThe Declaration on the Rights of Indigenous Peoples is accessible at >
Aboriginal and Torres Strait Islander cultural principles
(1)A person exercising a function under this Act must recognise that Aboriginal and Torres Strait Islander children and young people need strong connections with culture, family, Elders, communities and Country to develop and thrive and to be protected from harm.
(2)Without limiting the ways in which a person exercising a function under this Act recognises the need for the connections mentioned in subsection (1), the person must apply the following principles (the Aboriginal and Torres Strait Islander cultural principles) when exercising the function:
(a)it is important for Aboriginal and Torres Strait Islander children and young people to maintain their Aboriginal or Torres Strait Islander cultural and linguistic environment, and their set of values (including Aboriginal tradition or Island custom);
(b)it is important to respect the kinship rules of Aboriginal and Torres Strait Islander people, as identified by reference to an Aboriginal or Torres Strait Islander person’s family and kinship relationships and the community with which the child or young person has the strongest affiliation;
(c)it is important to acknowledge the spiritual, social, historical, cultural and economic importance of Country to Aboriginal and Torres Strait Islander children and young people and the traditional, customary or historical affiliation Aboriginal and Torres Strait Islander people have with particular areas.
(3)In this section:
Aboriginal tradition—
(a)means the body of traditions, observances, customs and beliefs of Aboriginal people generally, or of a particular community or group of Aboriginal people; and
(b)includes any traditions, observances, customs and beliefs mentioned in paragraph (a) that relate to particular people, areas, objects or relationships.
Island custom, known in the Torres Strait as Ailan Kastom—
(a)means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally, or of a particular community or group of Torres Strait Islanders; and
(b)includes any traditions, observances, customs and beliefs mentioned in paragraph (a) that relate to particular people, areas, objects or relationships.
Part 3Office of the Aboriginal and Torres Strait Islander Children and Young People Commissioner
Division 3.1 Establishment of commissioner’s office etc
Establishment of commissioner’s office
The office of the Aboriginal and Torres Strait Islander Children and Young People Commissioner is established.
Independence of commissioner’s office
Except as provided in this Act or another territory law, the commissioner’s office is not subject to the direction of anyone else in relation to the exercise of a function under this Act.
Division 3.2 Aboriginal and Torres Strait Islander Children and Young People Commissioner
Appointment of commissioner
(1)The Executive must appoint a person as the Aboriginal and Torres Strait Islander Children and Young People Commissioner.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(2)A person appointed as the commissioner must be either or both of the following:
(a)an Aboriginal person;
(b)a Torres Strait Islander person.
(3)The Executive must not appoint a person as the commissioner unless the Executive—
(a)has involved members of the Aboriginal and Torres Strait Islander community in the process for selecting the commissioner; and
(b)is satisfied that the person has the experience or expertise necessary to exercise the commissioner’s functions.
(4)A person must be appointed for a term not longer than 5 years.
(5)The commissioner’s conditions of appointment are the conditions agreed between the Minister and the commissioner stated in the instrument of appointment, subject to any determination under the Remuneration Tribunal Act 1995.
(6)The appointment of the commissioner is a notifiable instrument.
(7)In this section:
Aboriginal person means a person who—
(a)is a descendant of an Aboriginal person; and
(b)identifies as an Aboriginal person; and
(c)is accepted as an Aboriginal person by an Aboriginal community.
Torres Strait Islander means a person who—
(a)is a descendant of a Torres Strait Islander; and
(b)identifies as a Torres Strait Islander; and
(c)is accepted as a Torres Strait Islander by a Torres Strait Islander community.
Commissioner’s functions
(1)The commissioner has the following functions:
(a)to advocate on behalf of Aboriginal and Torres Strait Islander children and young people, individually and collectively;
(b)to intervene on behalf of Aboriginal and Torres Strait Islander children and young people in relation to decisions that will affect their rights or interests, including in relevant court proceedings;
(c)to inquire into matters relating to the rights, development, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people;
(d)to promote the enjoyment by Aboriginal and Torres Strait Islander children and young people, and their families, of their rights;
(e)to advise the government about policy, services and other matters affecting Aboriginal and Torres Strait Islander children and young people, and their families;
(f)any other function given to the commissioner under this Act or another territory law.
NoteA provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196).
(2)In exercising the functions mentioned in subsection (1), the commissioner must take all reasonable steps to—
(a)consult Aboriginal and Torres Strait Islander children, young people and their families in ways that promote their participation in decision-making; and
(b)listen to and seriously consider the views of Aboriginal and Torres Strait Islander children and young people; and
(c)ensure the commissioner is accessible to Aboriginal and Torres Strait Islander children and young people; and
(d)engage regularly with the Aboriginal and Torres Strait Islander community.
NoteThe commissioner must apply the Aboriginal and Torres Strait Islander cultural principles when exercising the commissioner’s functions (see s 7).
Annual statement by commissioner
(1)The commissioner must, for each year, prepare a statement (an annual statement) about the operation of the commissioner’s office during the year, including—
(a)the number and kinds of advocacy matters the commissioner’s office engaged in during the year; and
(b)a summary of the inquiries the commissioner conducted during the year; and
(c)a summary of the activities of any advisory committee assisting the commissioner during the year; and
(d)a summary of the community engagement undertaken by the commissioner’s office during the year; and
(e)anything else the commissioner considers appropriate; and
(f)anything else prescribed by regulation.
(2)The annual statement must not, without a person’s consent, include information—
(a)that identifies the person; or
(b)that would allow the person to be reasonably identifiable.
(3)The commissioner must give the annual statement to the following not later than 3 months after the end of the year:
(a)the Aboriginal and Torres Strait Islander community;
(b)the Speaker.
(4)The Speaker must present the annual statement to the Legislative Assembly within 5 sitting days after the day the Speaker receives the statement.
(5)A regulation may prescribe other requirements for an annual statement.
Ending commissioner’s appointment
(1)The Minister may end a person’s appointment as the commissioner—
(a)if the person contravenes a territory law; or
(b)for misbehaviour; or
(c)if the person becomes bankrupt or personally insolvent; or
(d)if the person is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or
(e)if the person is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.
(2)The Executive must end the person’s appointment—
(a)if the person is absent, other than on leave approved by the Minister, for 14 consecutive days or for 28 days in any 12‑month period; or
(b)for physical or mental incapacity, if the incapacity substantially affects the exercise of the person’s functions.
Delegation of commissioner’s functions
The commissioner may delegate the commissioner’s functions under this Act or another territory law to a member of the staff of the commissioner’s office or a public servant.
NoteFor laws about delegations, see the Legislation Act, pt 19.4.
Cooperation with human rights commission
The commissioner’s office should seek to work cooperatively with the human rights commission where practicable by, for example, liaising with the commission about coordinating the commissioner’s activities with the human rights commission’s activities to avoid unnecessary duplication of work.
Division 3.3 Staff etc of commissioner’s office
Advisory committees
(1)The commissioner may establish advisory committees to assist the commissioner to exercise the commissioner’s functions in relation to matters affecting Aboriginal and Torres Strait Islander children and young people.
(2)Without limiting who may be appointed to an advisory committee, the commissioner may appoint Aboriginal and Torres Strait Islander community members, including Aboriginal and Torres Strait Islander children and young people, to the committee.
Arrangements for staff and facilities
The commissioner may arrange with the head of service to use the services of a public servant or territory facilities.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
Consultants and contractors
(1)The commissioner may engage consultants and contractors.
(2)However, the commissioner must not enter into a contract of employment under this section.
Engagement of lawyer by commissioner
The commissioner may engage a lawyer to appear before a court in relation to the exercise of the commissioner’s functions under this Act.
Part 4Advocacy and inquiry by commissioner
Division 4.1 Inquiry by commissioner
Commissioner may conduct inquiry
The commissioner may conduct an inquiry into any matter relating to systemic issues that affect, or may affect, the rights, development, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people generally, or a particular group of Aboriginal and Torres Strait Islander children and young people.
Conduct of inquiry
(1)An inquiry under section 20 may be conducted in the way the commissioner considers most appropriate, taking into account—
(a)the nature of the matter to which the inquiry relates; and
(b)the wishes, if known, of any children or young people on whose behalf the commissioner is conducting the inquiry; and
(c)the rules of natural justice and procedural fairness.
(2)However, the commissioner must not conduct an inquiry in a way that is likely to impede an investigation or proposed investigation, or the conduct of a proceeding, by any of the following:
(a)the Australian Federal Police;
(b)a coroner;
(c)a court;
(d)the integrity commissioner;
(e)the ombudsman;
(f)the public sector standards commissioner.
(3)In this section:
Australian Federal Police means the Australian Federal Police constituted under the Australian Federal Police Act 1979 (Cwlth), section 6.
Notice of inquiry
Before starting an inquiry relevant to an entity, the commissioner must give the person in charge of the entity written notice of—
(a)the nature of the inquiry; and
(b)how the commissioner expects to seek information from the entity.
Recommendation in relation to inquiry
(1)This section applies if the commissioner conducts an inquiry under section 20.
(2)The commissioner may give the person in charge of an entity a written notice setting out—
(a)any recommendation to the entity in relation to the rights, development, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people; and
(b)a reasonable stated time within which the entity must give the commissioner a written response to the recommendation.
(3)The person in charge of the entity must respond to the commissioner within the stated time.
(4)Subsection (3) does not apply if the person in charge of the entity has a reasonable excuse for not responding.
Division 4.2 Advocacy by commissioner for individuals
Recommendation in relation to advocacy
(1)This section applies if the commissioner advocates, or has advocated, on behalf of an Aboriginal or Torres Strait Islander child or young person.
(2)The commissioner may give the person in charge of an entity a written notice setting out—
(a)the matter in relation to which the commissioner is advocating, or has advocated, for the Aboriginal or Torres Strait Islander child or young person; and
(b)any recommendation to the entity in relation to the safety, wellbeing and rights of the child or young person; and
(c)a stated reasonable time within which the entity must give the commissioner a written response to the recommendation.
(3)The person in charge of the entity must respond to the commissioner within the stated time.
(4)Subsection (3) does not apply if the person in charge of the entity has a reasonable excuse for not responding.
Division 4.3 Report in relation to inquiry etc
Report in relation to inquiry or matter of public importance
(1)The commissioner may at any time, on the commissioner’s own initiative, prepare a written report in relation to the following and give it to anyone the commissioner considers appropriate:
(a)an inquiry under section 20;
(b)any matter of public importance related to the commissioner’s functions.
(2)However, the commissioner must not include an adverse comment in relation to a person in a report unless the commissioner has given the person a reasonable opportunity to respond to the proposed comment.
(3)If the commissioner gives the Minister a report mentioned in subsection (1), the Minister must present the report to the Legislative Assembly within 6 sitting days after the day the Minister receives the report.
Part 5Information gathering and sharing
Definitions—pt 5
In this part:
consent, of an individual who is an Aboriginal or Torres Strait Islander child or young person, includes consent of a person with parental responsibility for the child or young person.
disclose includes communicate or publish.
information means information, whether true or not, in any form and includes an opinion and advice.
personal information—see the Information Privacy Act 2014, section 8.
person with parental responsibility, for an Aboriginal or Torres Strait Islander child or young person, means a parent or someone else with parental responsibility for the child or young person under the Children and Young People Act 2008, division 1.3.2.
produce includes allow access to.
protected information means information about a person that is disclosed to, or obtained by, an official because of the exercise of a function under this Act by the official or someone else.
Power to require information, documents and other things
(1)This section applies if the commissioner believes on reasonable grounds that a person can give information or produce a document or other thing that the commissioner considers necessary to exercise the commissioner’s functions under section 11 (1) (a), (b) and (c).
(2)The commissioner may, by written notice given to the person, require the person to give the commissioner the information, or produce the document or other thing.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(3)Subsection (2) does not apply to sensitive information, including sensitive information in a document or other thing.
NoteThe commissioner may also ask for information under the Children and Young People Act 2008, including under that Act, s 879.
(4)The notice must state how, and the time within which, the person must comply with the requirement.
(5)However, the commissioner must not require an Aboriginal or Torres Strait Islander child or young person, or a member of the child or young person’s family, to give the commissioner information, or produce a document or other thing.
(6)In this section:
sensitive information—see the Children and Young People Act 2008, section 845.
Limit on power to ask for information, documents and other things—identifying information
(1)This section applies if—
(a)a person is required under section 27 to give the commissioner information, or produce a document or other thing in relation to the conduct of an inquiry under section 20; and
(b)the information, document or other thing includes identifying information about an individual.
(2)The commissioner must ask the person to remove the identifying information, if practicable, before giving the information, or producing a document or other thing.
(3)In this section:
identifying information means information that—
(a)identifies a person; or
(b)would allow a person’s identity to be worked out.
Limit on power to ask for information, documents and other things—consent for personal information
(1)This section applies if the commissioner requires a person to give information, or produce a document or other thing under section 27, other than in relation an inquiry under section 20.
(2)The commissioner must not require the person to give the information, or produce the document or other thing if it contains personal information about an individual, unless—
(a)the commissioner has taken reasonable steps to seek the individual’s consent before making the requirement; and
(b)either—
(i)the individual has given consent; or
(ii)the commissioner reasonably believes—
(A)there may be a significant risk to the wellbeing of an Aboriginal or Torres Strait Islander child or young person; and
(B)accessing the information is necessary to effectively advocate for the child or young person.
Failure to give information, document or other thing
(1)A person commits an offence if—
(a)the person is required under section 27 to give information to the commissioner; and
(b)the person fails to give the information to the commissioner as required.
Maximum penalty: 50 penalty units.
(2)Subsection (1) does not apply if the person has a reasonable excuse for failing to provide the information to the commissioner as required.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) and s (4) (see Criminal Code, s 58).
(3)A person commits an offence if—
(a)the person is required under section 27 to produce to the commissioner a document or other thing; and
(b)the person fails to produce the document or other thing to the commissioner as required.
Maximum penalty: 50 penalty units.
(4)Subsection (3) does not apply if the person has a reasonable excuse for failing to produce the document or other thing to the commissioner as required.
Power to require attendance
(1)This section applies if the commissioner believes on reasonable grounds that a relevant person for an entity can give information relevant to the conduct of an inquiry under section 20.
(2)The commissioner may, by written notice given to the relevant person, require the person to attend before an official, at the reasonable time and place stated in the notice, to answer questions in relation to the inquiry.
(3)However, the commissioner must not require an Aboriginal or Torres Strait Islander child or young person, or a member of the child or young person’s family, to attend before an official under subsection (2).
(4)A person required to attend before an official under subsection (2) must continue to attend as reasonably required by the official to answer questions in relation to the inquiry.
(5)In this section:
employed includes engaged as a volunteer, consultant or contractor.
relevant person, in relation to an entity, means a person who is or was employed by, or involved in the management or administration of, the entity.
Failure to attend
(1)A person commits an offence if—
(a)the person is required under section 31 to attend before an official to answer questions in relation to the conduct of an inquiry; and
(b)the person does not attend before the official as required.
Maximum penalty: 50 penalty units.
(2)Subsection (1) does not apply if the person has a reasonable excuse for not attending before the official as required.
NoteThe defendant has an evidential burden in relation to the matters mentioned in ss (2), (4) and (6) (see Criminal Code, s 58).
(3)A person commits an offence if—
(a)the person is required under section 31 to attend before an official to answer questions in relation to the conduct of an inquiry; and
(b)the person attends before the official as required; and
(c)the person fails to continue to attend as reasonably required by the official to answer questions in relation to the inquiry.
Maximum penalty: 50 penalty units.
(4)Subsection (3) does not apply if the person has a reasonable excuse for failing to continue to attend as required by the official.
(5)A person commits an offence if—
(a)the person is required under section 31 to attend before an official to answer questions in relation to the conduct of an inquiry; and
(b)the person attends before the official as required; and
(c)the official requires the person to answer a question; and
(d)the person fails to answer the question.
Maximum penalty: 50 penalty units.
Note 1The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
NoteGiving false or misleading information is an offence against the Criminal Code, s 338.
(6)Subsection (5) does not apply if the person has a reasonable excuse for failing to answer the question.
Abrogation of privilege against self-incrimination
(1)A person is not excused from answering a question, or providing information or a document or other thing, under this part on the ground that the answer to the question, or the information, document or thing, may tend to incriminate the person or expose the person to a penalty.
NoteThe Legislation Act, s 170 deals with the application of the privilege against self-incrimination.
(2)However, any information, document or other thing obtained, directly or indirectly, because of the giving of the answer or the production of the document or other thing, is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for—
(a)an offence against this part; or
(b)any other offence arising out of the false or misleading nature of the answer, information, document or other thing.
Information sharing—human rights commission
(1)The commissioner may disclose to a member of the human rights commission any information that has been disclosed to, or obtained by, the commissioner in the exercise of a function under this Act, if—
(a)the commissioner is reasonably satisfied that the information is relevant to the exercise of the member’s functions under the Human Rights Commission Act 2005; and
(b)if the information is personal information about an individual—the individual has given consent.
(2)However, the commissioner may disclose personal information about an individual to a member of the human rights commission without the individual’s consent if the commissioner believes on reasonable grounds that the disclosure is necessary to ensure that—
(a)the commissioner and the human rights commission are able to take a coordinated approach in relation to a matter affecting an Aboriginal or Torres Strait Islander child or young person; or
(b)effective advocacy is able to be undertaken for an Aboriginal or Torres Strait Islander child or young person.
(3)If a member of the human rights commission uses information disclosed to the member under this section—
(a)a secrecy requirement is taken to apply to the member in relation to the information; and
(b)the member is taken to be a person engaged in the administration of the provision that contains the secrecy requirement.
(4)This section applies despite any other territory law.
(5)In this section:
secrecy requirement means a prohibition on the disclosure of information that applies to the commissioner in relation to information disclosed to a member of the human rights commission, whether the prohibition is absolute or subject to stated exceptions or qualifications.
Secrecy
(1)An information holder commits an offence if—
(a)the information holder—
(i)makes a record of protected information about someone else; and
(ii)is reckless about whether the information is protected information about someone else; or
(b)the information holder—
(i)does something that discloses protected information about someone else; and
(ii)is reckless about whether—
(A)the information is protected information about someone else; and
(B)doing the thing would result in the information being disclosed to someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)Subsection (1) does not apply if the record is made, or the information is disclosed—
(a)under this Act or another territory law; or
(b)in relation to the exercise of a function, as an information holder, under this Act or another territory law.
(3)Subsection (1) does not apply to the divulging of protected information about someone with the person’s consent.
(4)An information holder need not disclose protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.
(5)In this section:
information holder means—
(a)a person who is or has been an official; or
(b)anyone else who exercises or has exercised a function under this Act; or
(c)a person who is required under section 27 to give the commissioner information, or produce a document or other thing; or
(d)a person who is required under section 31 to attend before an official to answer questions in relation to an inquiry.
Part 6Miscellaneous
Protection of officials from liability
(1)An official, or anyone engaging in conduct under the direction of an official, is not personally liable for anything done or omitted to be done honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the conduct was in the exercise of a function under this Act.
(2)Any civil liability that would, apart from subsection (1), attach to an official attaches instead to the Territory.
Protection of others from liability
(1)Civil or criminal liability is not incurred only because of any of the following done honestly and without recklessness:
(a)giving information, or producing a document or thing to an official;
(b)answering a question or making a statement to an official.
(2)Also, any information given honestly and without recklessness to an official is not—
(a)a breach of confidence; or
(b)a breach of professional etiquette or ethics; or
(c)a breach of a rule of professional conduct.
Regulation-making power
The Executive may make regulations for this Act.
Part 7Legislation amended
Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.
Schedule 1Consequential amendments
(see s 39)
Part 1.1Children and Young People Act 2008
[1.1]Section 137, definition of accredited person, new paragraph (fa)
insert
(fa)the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.2]New section 144 (2) (b) (va)
insert
(va)the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.3]Section 153A
after
Human Rights Commission Act 2005
insert
, the Aboriginal and Torres Strait Islander children and young people commissioner
[1.4]New section 179 (da)
insert
(da)the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.5]Section 200 (5), definition of protected electronic communication, new paragraph (da)
insert
(da)the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.6]Section 201 (4), definition of protected mail, new paragraph (da)
insert
(da)the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.7]New section 207 (2) (e)
insert
(e)if the young detainee is an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.8]New section 222 (3) (ea)
insert
(ea)the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.9]Section 280 (5), definition of protected mail, new paragraph (ea)
insert
(ea)the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.10]Section 286, definition of support person, new example
insert
1A the Aboriginal and Torres Strait Islander children and young people commissioner
[1.11]Section 356 (3), definition of mandated reporter, new paragraph (na)
insert
(na)the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.12]Section 359 heading
substitute
Reports made to public advocate or Aboriginal and Torres Strait Islander children and young people commissioner
[1.13]Section 359 (1), (2) and (4)
after
public advocate
insert
or Aboriginal and Torres Strait Islander children and young people commissioner
[1.14]New section 377 (2) (e)
insert
(e)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.15]New section 379 (1) (e)
insert
(e)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.16]New section 386 (c)
before the note, insert
(c)if the appraisal order is for an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.17]New section 390 (5)
insert
(5)If the child or young person is an Aboriginal or Torres Strait Islander person, the director-general must also give the Aboriginal and Torres Strait Islander children and young people commissioner a copy of the application.
[1.18]New section 392 (1A)
insert
(1A)If the child or young person is an Aboriginal or Torres Strait Islander person, the court must also give the Aboriginal and Torres Strait Islander children and young people commissioner a registration notice.
[1.19]New section 408 (3) (ba)
insert
(ba)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.20]New section 417 (2) (f)
before the notes, insert
(f)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.21]New section 419 (f)
before the note, insert
(f)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.22]Section 425 (3), except notes
substitute
(3)If the other applicant applies for a care and protection order for a child or young person, the following may each appear and be heard in the proceeding:
(a)the director-general;
(b)the public advocate;
(c)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.23]New section 427 (1) (f)
insert
(f)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.24]New section 435 (3) (d)
insert
(d)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.25]New section 445 (1) (e)
insert
(e)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.26]New section 452 (d)
before the note, insert
(d)if the assessment order is for an Aboriginal or Torres Strait Islander child or young person—on application by the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.27]New section 459 (3) (d)
before the note, insert
(d)if the care and protection order is for an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.28]New section 469 (d)
before the note, insert
(d)if the care and protection order is for an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.29]Section 496 (2) (d), example
substitute
Examples—par (d)
1the Aboriginal and Torres Strait Islander children and young people commissioner
2the public advocate
[1.30]New section 497 (1) (e)
before the note, insert
(e)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.31]Section 500 (2) and (3)
substitute
(2)The following may apply to the Childrens Court for an order requiring the director-general to give the annual review report to the person (an annual review report order):
(a)the public advocate;
(b)if the annual review report is for a care and protection order for an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner.
(3)The applicant for the annual review report order must give the director-general a copy of the application promptly after the application is filed.
[1.32]Section 507 heading
substitute
Public advocate etc to be told about action following appraisals
[1.33]New section 507 (3)
insert
(3)If the child or young person is an Aboriginal or Torres Strait Islander person, the director-general must also give the Aboriginal and Torres Strait Islander children and young people commissioner the report mentioned in subsection (2).
[1.34]Section 536, definition of therapeutic protection plan, new note
insert
Note 2If the child or young person is an Aboriginal or Torres Strait Islander person, the director -general must also, if asked by the Aboriginal and Torres Strait Islander children and young people commissioner, give a copy promptly to the commissioner (see s 631 (2)).
[1.35]New section 541 (1) (e)
insert
(e)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.36]New section 555 (2) (ea)
insert
(ea)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.37]New section 556 (3) (f)
insert
(f)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.38]New section 560 (c)
before the note, insert
(c)if the therapeutic protection order is for an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.39]New section 564 (f)
before the note, insert
(f)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.40]New section 567 (d)
before the note, insert
(d)if the therapeutic protection order was for an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.41]Section 576, definition of accredited person, new paragraph (fa)
insert
(fa)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.42]Section 631 heading
substitute
Public advocate etc may be given therapeutic protection plan
[1.43]New section 631 (2)
after the note, insert
(2)If the Aboriginal and Torres Strait Islander children and young people commissioner asks the director-general for a therapeutic protection plan for an Aboriginal or Torres Strait Islander child or young person, the director‑general must promptly give the commissioner a copy of the plan.
[1.44]New section 646 (2) (e)
insert
(e)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.45]New section 648 (2) (c)
insert
(c)if the original order is for an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.46]New section 658 (2) (e)
insert
(e)if the order relates to an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.47]Section 700 (2)
after
public advocate
insert
or the Aboriginal and Torres Strait Islander children and young people commissioner
[1.48]Section 704 (3)
substitute
(3)However, if the applicant is the public advocate or the Aboriginal and Torres Strait Islander children and young people commissioner, the court must join the applicant as a party to the proceeding.
[1.49]New section 706 (2) (c)
insert
(c)if the application relates to an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.50]New section 720 (ba)
insert
(ba)if the order relates to an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner; and
[1.51]New section 721 (2) (ca)
insert
(ca)if the order or revised order is for an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.52]Section 843, definition of information holder, new paragraph (a) (iia)
insert
(iia)the Aboriginal and Torres Strait Islander children and young people commissioner; or
[1.53]Section 845 (2), definition of care and protection appraisal information, paragraph (c)
substitute
(c)in a report (an incident report) to the public advocate or Aboriginal and Torres Strait Islander children and young people commissioner under section 507 (Public advocate etc to be told about action following appraisals); or
[1.54]Section 874 (2) (i)
substitute
(i)a person to the public advocate or Aboriginal and Torres Strait Islander children and young people commissioner under section 359 (Reports made to public advocate or Aboriginal and Torres Strait Islander children and young people commissioner); and
[1.55]Section 874 (2) (s), except note
substitute
(s)an ACT child welfare service to the public advocate or Aboriginal and Torres Strait Islander children and young people commissioner under section 879 (ACT child welfare services to assist certain statutory office holders).
[1.56]Section 879 heading
substitute
ACT child welfare services to assist certain statutory office holders
[1.57]Section 879 (1)
substitute
(1)The following people may, for the purpose of exercising a statutory function, ask an ACT child welfare service to provide information, advice, guidance, assistance, documents, facilities or services in relation to the physical or emotional welfare of children and young people:
(a)the public advocate;
(b)if the request relates to Aboriginal and Torres Strait Islander children and young people—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.58]Section 879 (2)
after
public advocate
insert
or Aboriginal and Torres Strait Islander children and young people commissioner
[1.59]Dictionary, new definitions
insert
Aboriginal and Torres Strait Islander children and young people commissioner means the person appointed as the Aboriginal and Torres Strait Islander Children and Young People Commissioner under the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, section 10.
Aboriginal or Torres Strait Islander child or young person means a child or young person who is an Aboriginal or Torres Strait Islander person.
Aboriginal or Torres Strait Islander person—see the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, dictionary.
[1.60]Dictionary, definition of investigative entity
after
public advocate,
insert
the Aboriginal and Torres Strait Islander children and young people commissioner,
Part 1.2Children and Young People Regulation 2009
[1.61]New sections 3AA, 3AB and 3AC
before section 3A, insert
3AARegister of searches and uses of force—details in relation to search—Act, s 195 (2) (h)
The register must state in relation to each search if the young detainee is an Aboriginal or Torres Strait Islander person.
3ABRegister of searches and uses of force—inspection—Act, s 195 (5) (g)
The Aboriginal and Torres Strait Islander children and young people commissioner is prescribed.
3ACTherapeutic protection register—who may have access—Act, s 634 (1) (h)
The Aboriginal and Torres Strait Islander children and young people commissioner is prescribed.
[1.62]New dictionary
insert
Dictionary
NoteTerms used in this regulation have the same meaning that they have in the Children and Young People Act 2008. For example, the following terms are defined in the Children and Young People Act 2008, dict:
· Aboriginal and Torres Strait Islander children and young people commissioner
· Aboriginal or Torres Strait Islander person.
Part 1.3Court Procedures Act 2004
[1.63]Section 68A (1), new definitions
insert
Aboriginal and Torres Strait Islander children and young people commissioner means the person appointed as the Aboriginal and Torres Strait Islander Children and Young People Commissioner under the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, section 10.
Aboriginal or Torres Strait Islander child or young person means a child or young person who is an Aboriginal or Torres Strait Islander person.
Aboriginal or Torres Strait Islander person—see the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, dictionary.
[1.64]New section 72 (1) (ga)
insert
(ga)if the child or young person is an Aboriginal or Torres Strait Islander person—
(i)the Aboriginal and Torres Strait Islander children and young people commissioner; or
(ii)a person authorised by the Aboriginal and Torres Strait Islander children and young people commissioner for this section;
[1.65]New section 72 (3A)
insert
(3A)If an Aboriginal or Torres Strait Islander child or young person is the subject of a proceeding in a court, the Aboriginal and Torres Strait Islander children and young people commissioner may also make submissions to the court about whether the court should require or permit a person to be present under subsection (1) (l), or exclude a person under subsection (2).
[1.66]Section 74C heading
substitute
74CDirector‑general, public advocate and Aboriginal and Torres Strait Islander children and young people commissioner etc may appear at proceedings
[1.67]New section 74C (2) (e)
insert
(e)if the proceeding is against an Aboriginal or Torres Strait Islander child or young person—
(i)the Aboriginal and Torres Strait Islander children and young people commissioner; or
(ii)a person authorised by the Aboriginal and Torres Strait Islander children and young people commissioner for this section.
[1.68]New section 74K (2) (c)
insert
(c)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.69]Section 74L heading
substitute
74LDirector‑general must report to court, public advocate and Aboriginal and Torres Strait Islander children and young people commissioner
[1.70]Section 74L (2)
after
public advocate
insert
, the Aboriginal and Torres Strait Islander children and young people commissioner
[1.71]New section 74L (2A)
insert
(2A)However, for subsection (2), the director-general need only tell the Aboriginal and Torres Strait Islander children and young people commissioner about action taken or proposed to be taken (or that no action is proposed) in relation to an Aboriginal or Torres Strait Islander child or young person.
[1.72]Section 74L (3) (b)
substitute
(b)gives a copy of the application to—
(i)the public advocate; and
(ii)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
[1.73]Section 74LA (4)
after
public advocate
insert
, the Aboriginal and Torres Strait Islander children and young people commissioner
[1.74]Dictionary, new definitions
insert
Aboriginal and Torres Strait Islander children and young people commissioner, for part 7A (Procedural provisions—proceedings involving children or young people)—see section 68A (1).
Aboriginal or Torres Strait Islander child or young person, for part 7A (Procedural provisions—proceedings involving children or young people)—see section 68A (1).
Aboriginal or Torres Strait Islander person, for part 7A (Procedural provisions—proceedings involving children or young people)—see the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, dictionary.
Part 1.4Human Rights Commission Act 2005
[1.75]Section 51A (2)
after
public advocate
insert
or the Aboriginal and Torres Strait Islander children and young people commissioner
[1.76]New section 51A (2) (c)
insert
(c)for a complaint or matter referred to the Aboriginal and Torres Strait Islander children and young people commissioner—the complaint or matter relates to an Aboriginal or Torres Strait Islander child or young person.
[1.77]New sections 99B and 99C
insert
99BInformation sharing with Aboriginal and Torres Strait Islander children and young people commissioner
(1)A commissioner may disclose to the Aboriginal and Torres Strait Islander children and young people commissioner any information that has been disclosed to, or obtained by, the commissioner in the exercise of a function under this Act, if—
(a)the commissioner is reasonably satisfied that the information is relevant to the exercise of the Aboriginal and Torres Strait Islander children and young people commissioner’s functions under the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022; and
(b)if the information is personal information about an individual—the individual has given consent.
(2)However, the commissioner may disclose personal information about an individual to the Aboriginal and Torres Strait Islander children and young people commissioner without the individual’s consent if the commissioner believes on reasonable grounds that the disclosure is necessary to ensure that—
(a)the commissioner and the Aboriginal and Torres Strait Islander children and young people commissioner are able to take a coordinated approach in relation to a matter affecting an Aboriginal or Torres Strait Islander child or young person; or
(b)effective advocacy is able to be undertaken for an Aboriginal or Torres Strait Islander child or young person.
(3)If the Aboriginal and Torres Strait Islander children and young people commissioner uses information disclosed to the commissioner under this section—
(a)a secrecy requirement is taken to apply to the commissioner in relation to the information; and
(b)the commissioner is taken to be a person engaged in the administration of the provision that contains the secrecy requirement.
(4)This section applies despite any other territory law.
(5)In this section:
secrecy requirement means a prohibition on the disclosure of information that applies to a commissioner in relation to information disclosed to the Aboriginal and Torres Strait Islander children and young people commissioner, whether the prohibition is absolute or subject to stated exceptions or qualifications.
99CCooperation with Aboriginal and Torres Strait Islander children and young people commissioner’s office
(1)The human rights commission should seek to work cooperatively with the Aboriginal and Torres Strait Islander children and young people commissioner’s office where practicable by, for example, liaising with the commissioner’s office about coordinating the human rights commission’s activities with the Aboriginal and Torres Strait Islander children and young people commissioner’s activities to avoid unnecessary duplication of work.
(2)In this section:
Aboriginal and Torres Strait Islander children and young people commissioner’s office means the Aboriginal and Torres Strait Islander Children and Young People Commissioner’s office established under the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, section 8.
[1.78]Dictionary, new definitions
insert
Aboriginal and Torres Strait Islander children and young people commissioner means the person appointed as the Aboriginal and Torres Strait Islander Children and Young People Commissioner under the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, section 10.
Aboriginal or Torres Strait Islander child or young person means a child or young person who is an Aboriginal or Torres Strait Islander person.
Aboriginal or Torres Strait Islander person—see the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, dictionary.
Part 1.5Official Visitor Act 2012
[1.79]New section 16 (2) (b) (iia)
insert
(iia)if the entitled person is an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner; and
[1.80]New section 17 (4) (ba)
insert
(ba)if the report includes matters in relation to Aboriginal and Torres Strait Islander children or young people—the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.81]Section 17 (6), definition of investigative entity
after
the human rights commission,
insert
the Aboriginal and Torres Strait Islander children and young people commissioner,
[1.82]Section 23DA (4), definition of investigative entity
after
the human rights commission,
insert
the Aboriginal and Torres Strait Islander children and young people commissioner,
[1.83]New section 23DB (3) (da)
insert
(da)the Aboriginal and Torres Strait Islander children and young people commissioner;
[1.84]Dictionary, new definitions
insert
Aboriginal and Torres Strait Islander children and young people commissioner means the person appointed as the Aboriginal and Torres Strait Islander Children and Young People Commissioner under the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, section 10.
Aboriginal or Torres Strait Islander child or young person means a child or young person who is an Aboriginal or Torres Strait Islander person.
Aboriginal or Torres Strait Islander person—see the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, dictionary.
Dictionary
(see s 3)
NoteThe Legislation Act contains definitions relevant to this Act. For example:
· administrative unit
· adult
· bankrupt or personally insolvent
· chief police officer
· coroner
· director-general (see s 163)
· document
· domestic partner (see s 169 (1))
· Executive
· fail
· function
· human rights commission
· integrity commissioner
· ombudsman
· State
· territory law.
Aboriginal and Torres Strait Islander cultural principles—see section 7 (2).
Aboriginal or Torres Strait Islander child means an Aboriginal or Torres Strait Islander person who is under 12 years old.
Aboriginal or Torres Strait Islander person means a person who—
(a)is a descendant of an Aboriginal person or a Torres Strait Islander person; and
(b)identifies as an Aboriginal person or a Torres Strait Islander person; and
(c)is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
Aboriginal or Torres Strait Islander young person means an Aboriginal or Torres Strait Islander person who is 12 years old or older, but not yet an adult.
association means an association declared under the Associations Incorporation Act 1991, section 15 and incorporated under that Act.
commissioner means the Aboriginal and Torres Strait Islander Children and Young People Commissioner appointed under section 10 (1).
commissioner’s office means the office of the Aboriginal and Torres Strait Islander Children and Young People Commissioner established under section 8.
consent, of an individual who is an Aboriginal or Torres Strait Islander child or young person, for part 5 (Information gathering and sharing)—see section 26.
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
disclose, for part 5 (Information gathering and sharing)—see section 26.
executive officer, of a corporation, means a person, however described and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
family, of an Aboriginal or Torres Strait Islander child or young person—
(a)means a person who is, or has been, the child or young person’s—
(i)father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or
(ii)son or daughter; or
(iii)brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or
(iv)uncle, aunt, uncle-in-law or aunt-in-law; or
(v)nephew, niece or cousin; or
(vi)domestic partner; and
(b)includes—
(i)someone the person has responsibility for, or an interest in, in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community; and
(ii)someone who has responsibility for, or an interest in, the person in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community; and
(iii)someone regarded and treated by the person as a relative; and
(iv)someone with whom the person has a family-like relationship; and
(v)anyone else who could reasonably be considered to be, or have been, a relative of the person.
information, for part 5 (Information gathering and sharing)—see section 26.
member, of the human rights commission, means a person appointed to a statutory office under the Human Rights Commission Act 2005.
official means—
(a)the commissioner; or
(b)a member of staff of the commissioner’s office; or
(c)a person who exercises a function under this Act.
personal information, for part 5 (Information gathering and sharing)—see the Information Privacy Act 2014, section 8.
person in charge, of an entity, means—
(a)if the entity is an administrative unit—the relevant director‑general; and
(b)if the entity is a public sector body—the head of the public sector body; and
(c)if the entity is an individual—the individual; and
(d)if the entity is a partnership—a partner in the partnership; and
(e)if the entity is a corporation—an executive officer of the corporation; and
(f)if the entity is an association—an office bearer for the association.
person with parental responsibility, for an Aboriginal or Torres Strait Islander child or young person, for part 5 (Information gathering and sharing)—see section 26.
produce, for part 5 (Information gathering and sharing)—see section 26.
protected information, for part 5 (Information gathering and sharing)—see section 26.
safety includes cultural safety.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 21 September 2022.
Notification
Notified under the Legislation Act on 14 December 2022.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Aboriginal and Torres Strait Islander Children and Young People Commissioner Bill 2022, which was passed by the Legislative Assembly on 29 November 2022.
Clerk of the Legislative Assembly
© Australian Capital Territory 2022
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