Order to Establish the National Commission for Aboriginal and Torres Strait Islander Children and Young People as an Executive Agency

Overview

The Public Service Act 1999, enacted by the Parliament of Australia, provides the framework within which the Australian Public Service operates. This Act was introduced to ensure that public service administration is carried out efficiently, economically, and effectively, thereby facilitating the execution of government policies and programs. One of the key objectives of this legislation is to support the creation of various agencies and commissions that address specific societal needs, such as the establishment of the National Commission for Aboriginal and Torres Strait Islander Children and Young People as an Executive Agency. This commission was established to promote and protect the rights of Aboriginal and Torres Strait Islander children and young people, providing strategic policy advice and reports to the government on matters affecting this demographic and ensuring their voices are reflected in governmental decision-making processes. The establishment of this commission is aimed at addressing the systemic issues and gaps in services and support for this vulnerable group within the Australian community.

Scope and Application

The Order to Establish the National Commission for Aboriginal and Torres Strait Islander Children and Young People as an Executive Agency under the Public Service Act 1999 applies to the creation of a dedicated entity within the Australian Public Service, aimed at addressing the specific needs and rights of Aboriginal and Torres Strait Islander children and young people. This Executive Agency will be headed by a National Commissioner and will be overseen by the Minister for Social Services. The legislation outlines the functions of the agency, which include promoting and protecting the rights of these children and young people, providing policy advice to the Government, enhancing coordination across various levels of government and non-government organisations, and ensuring that the voices of these children and young people and their families are heard in policy discussions. The Order will take effect from 13 January 2025, marking the formal establishment of the Commission as an Executive Agency with its specified functions. The scope of the legislation encompasses the Commonwealth, and it does not specify exclusions, exemptions, or thresholds, but rather focuses on the creation and operational mandate of the new Executive Agency.

Key Provisions

The Public Service Act 1999 (section 65) provides the legal framework for establishing the National Commission for Aboriginal and Torres Strait Islander Children and Young People as an Executive Agency. This Order, made under the authority of the Governor-General, sets out the specifics of this new agency, including its name and that of its head, the National Commissioner. The Minister for Social Services is identified as the responsible Minister for this Executive Agency, ensuring accountability and oversight within the government structure. The National Commission for Aboriginal and Torres Strait Islander Children and Young People is tasked with several key functions, as outlined in the Order. These functions include promoting and protecting the rights of Aboriginal and Torres Strait Islander children and young people through strategic policy advice and reporting to the Government (section 65). The Commission is also responsible for providing advice on and supporting the implementation of key policy frameworks aimed at improving outcomes for these children and young people and their families. Furthermore, it will enhance coordination across all levels of government, commissioners, guardians, advocates, and non-government organisations involved in related matters. The Commission will also ensure that the voices of Aboriginal and Torres Strait Islander children and young people and their families are heard and reflected in government advice. The Order imposes specific obligations on the National Commission for Aboriginal and Torres Strait Islander Children and Young People and its members. They are required to consult extensively with Aboriginal and Torres Strait Islander children and young people, their families, and relevant stakeholders, including government bodies and non-government organisations. This consultation is crucial for gathering diverse perspectives and ensuring that the advice and policies developed are comprehensive and effective. Additionally, the Commission must reflect the voices of these communities in its advice to the Government, ensuring that their needs and rights are prioritised in policy-making processes. There are no specific offences, penalties, or civil/criminal consequences outlined in this Order for breaches of the Commission’s functions or obligations. However, failure to comply with the Commission’s mandated responsibilities or to effectively consult with and represent the interests of Aboriginal and Torres Strait Islander children and young people could potentially lead to scrutiny and accountability measures under broader legislative provisions or governmental oversight. The focus of this Order is on establishing the framework and responsibilities of the Commission rather than detailing punitive measures for non-compliance.