Andrew Murray (WA, Australian Democrats) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to table the explanatory memorandum and to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

This National Commissioner for Children Bill 2008 is similar to the A Better Future for our Kids Bill 2003 introduced into the House of Representatives by Labor Party MP Nicola Roxon in 2003. That Bill was not debated and subsequently lapsed. I am introducing a simplified version of the Bill in an effort to build community support for the new Labor government to act on this much needed reform, which is in accordance with the Labor Party’s National Platform, adopted in 2007.

On 19th September, 2007, the Senate unanimously supported my motion calling for the reduction of levels of child abuse to be an urgent national priority. This was welcome, but words and gestures mean little if they are not followed by concrete action and a firm determination to truly make changes for the better

With no political voice of their own, the rights of children and young people are often ignored or marginalised. Throughout history we have seen the horrible results that come from any group being denied a channel for their grievances, and some of the most shocking examples have been cases of young people.

Community organisations, child abuse advocates and politicians have been calling for a National Commission for Children for many years. In 1998, Defence for Children International (DCI) produced a discussion paper entitled “Taking Australia’s Children Seriously – A Commissioner for Children and Young People”, which brought together a range of proposals by children’s advocacy groups as well as HREOC. 

The introduction of a National Children’s Commissioner was also a unanimous recommendation in the Senate Committee report The Forgotten Australians, to ensure there was an office at a national level to specifically consider the interests of children and advocate for them when necessary. However, the previous government continually rejected such calls.

Many states have Children Commissioners or something similar, although currently they are working with a confusing mess of state and territory legislation and departments dealing with children’s issues and their losing battle to protect the most vulnerable.  New South Wales, Queensland, Tasmania and Western Australia all have Commissioners for Children and Young People.  South Australia has the Children’s Interest Bureau, which is a statutory body concerned with children’s rights. Victoria has a Child Safety Commissioner who provides advice to the Minister for Children on issues impacting on the lives of children, in particular vulnerable children. The Northern Territory does not currently have a Children’s Commissioner, but a Commissioner is included in the draft Care and Protection of Children Bill 2007. The Australian Capital Territory’s Disability Commission is expected to be expanded in the near future to encompass a Children’s Commissioner.

These bodies would be much more effective if there was a national office co-coordinating and unifying their individual efforts at a national level.  A national Children’s Commissioner would also play a key role in the Asia Pacific Association of Children’s Commissioners (APACC), which consists of New Zealand and Australian Commissioners and Child Guardians.

Australia is currently lagging behind other Western countries in child protection. The United Kingdom introduced their first Commissioner for Children three years ago, which is an independent voice for children and young people to represent the views, opinion, interest and rights to departments that make decisions which effect children.

The Labor government needs to step up to international standards and recommendations from Australian reports, groups and politicians and implement its election promises on protecting the rights of children. It is time for this government to put children’s rights back onto the national agenda as it promised in Chapter 13 of the Labor Party’s National Platform and Constitution which was agreed to at the National Labor Conference in April 2007. Chapter 13, section 30 states that “Labor will also establish a National Commissioner for Children and Young People in order to promote their interests as participants in our community and to promote investing in children and young people.”

Section 31 of the Platform states that “the National Commissioner for Children and Young People will establish a national code to protect children and young people from abuse. The national code will be developed in consultation with the States and Territories and will ensure that all organisations have adequate procedures to prevent abuse and handle any complaints. The code will include a national working with children check.”

This Bill gives effect to those commitments of the new Labor government.

The National Commission for Children and Young people is a body independent of government and other established organisations to promote and protect the rights, interests and wellbeing of Australian Children at a Federal Level. Child protection should be a national priority and the new government should seize this opportunity to take leadership in developing and implementing appropriate child protection services.

The aim of the National Commission for Children and Young People will be to monitor and review laws, policies and practices which impact on service provision for children and young people. The NCCYP will strive to increase public awareness on issues relating to child welfare, promote and support the role of families in the development and wellbeing of children and promote the participation of children in relevant decision making forums. The NCCYP will develop best practice models and protocols for the provision of services for children and for addressing child abuse complaints.

The National Commissioner will receive and investigate complaints on service provision to children and young people across all jurisdictions and research issues impacting on the safety and well being of children and young people as well as promote laws, policies and practices that uphold the rights, interests and well being of children and young people.

Importantly one of the central roles of the National Commission for Children and Young People will be to develop a National code for the protection of children and undertake research into issues relating to child welfare.

According to the 2006 Australian Institute of Health and Welfare Child Protection Australia 2004-2005 report there were 252,831 child protection notifications and 45,728 substantiations in Australia, however past governments have done either very little to address these issues or come up with bandaid solutions (like the Northern Territory Intervention).

It is time for the Australian Government to acknowledge that child protection must be made a national priority and to implement sufficient services to appropriately deal with this national crisis child rights abuse.

It should be emphasised that a Commission for Children is not just about dealing with the abuse and neglect of children and young people. It is also about ensuring that all Australian children have the opportunity to fulfil their potential through monitoring legislation and public policy to ensure the impact for children is a positive one.

A Commissioner for Children would also seek to ensure services for children are coordinated and accessible.  For example, making sure children with disabilities have access to services through all departments such as education and health, on both national and state levels, without their parents having to spend years working through all the various levels of bureaucracy.

Finally, a Commissioner for Children will also ensure the voices and needs of children and young people are heard and listened to as we make decisions about the Australia they will inherit, and the life they will have because of those decisions.

I commend this Bill to the Senate and the government, and encourage support for this long overdue action on that the many years of well considered, evidence based calls for reform.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.