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Complaints

Overview

Introduction

The Australian Government announced the establishment of the role of the National Children’s Commissioner within the Australian Human Rights Commission on 27 April 2012. The potential role of a National Children’s Commissioner was a priority of the First Action Plan of the National Framework for Protecting Australia’s Children 2009-2020.1 The creation of the role was supported by many organisations, including over 100 child rights focused groups which came together as the Child Rights Taskforce, co-convened by UNICEF Australia and the National Children’s and Youth Law Centre,2 as well as the Coalition of Organisations Committed to the Safety and Wellbeing of Australia’s Children, which represents 124 organisations and academics.

Amendments to the Australian Human Rights Commission Act 1986 (Cth) established the position with one of the primary functions of the role being to monitor and report annually on the status of the enjoyment and exercise of human rights by children in Australia. The Act also includes the capacity for the National Children’s Commissioner to make recommendations as to any action that should be taken to ensure the enjoyment and exercise of human rights by children in Australia.

In announcing the creation of the role of the National Children’s Commissioner, the then Attorney-General stated that:

For the first time, Australia will have a dedicated advocate focused on the human rights of children and young people at the national level…The Children’s Commissioner will ensure the voices of children and young people are heard in the development of Commonwealth policies and programs.3

The Australian Government later stated, ‘We want every child to grow up safe, happy and well. The new Commissioner will make sure the needs of children and young people are put front and centre’.4

The Report plays an important ongoing role in monitoring the enjoyment and exercise of the human rights of children in Australia. The voices of children have been privileged throughout the Report by including quotes from those children that I have heard from so far.

Section 46MB(3)(b) of the Act states that I may make recommendations in my report relating to actions which should be taken to ensure the enjoyment and exercise of human rights by children in Australia. Recommendations with

accompanying follow up actions are included, where appropriate, at the end of each chapter.

Chapter 1: Australia’s responsibilities under the Convention on the Rights of the Child (CRC)

Chapter 1 examines the key international human rights treaty on children’s rights, the CRC, and looks at how Australia is implementing this treaty. It reports on the Concluding Observations made by the United Nations Committee

on the Rights of the Child (UN Committee) in 2012 in its monitoring of Australia’s implementation of the CRC and its Optional Protocols, including recommendations for action by Australia. Currently available statistics are used in my report to show how children are faring in Australia.

Chapter 2: Measures to protect and ensure children’s rights in Australia

Chapter 2 provides an overview of national data collection on children, national policy reforms and initiatives, and the scrutiny of existing and proposed Commonwealth legislation. It points to where these could be more strongly aligned to child rights outcomes, and where some current data gaps exist.

Chapter 3: The Big Banter and other activities of the National Children’s Commissioner

The voices and views of Australia’s children are reported in Chapter 3. This chapter documents how I have listened to children and child advocates, and it identifies the main issues from my discussions with them.

Chapter 4: Equal life chances for all children in Australia

Chapter 4 concludes my report by considering the five key themes arising

from the Big Banter, the Concluding Observations made by the United Nations Committee on the Rights of the Child, and existing national policy initiatives.

These themes are:

  1. A right to be heard – children’s voice and participation in decision-making processes; specifically involving children in issues that affect them; and ensuring that existing mechanisms for resolving disputes are accessible and available to children.
  2. Freedom from violence, abuse and neglect – ensuring safe environments and respect for the dignity of the child; specifically making sure that the commitments made in national frameworks are achieved and built upon, through adequate resourcing and action; encouraging a proactive approach to issues of child safety that places a premium on prevention, through enabling safe communities and environments for children; and building resilience among our children.
  3. The opportunity to thrive – safeguarding the health and wellbeing of all children in Australia, which includes promoting and supporting children through early intervention and prevention; and identifying and focusing on the most marginalised and vulnerable children.
  4. Engaged citizenship – promoting engaged civics and citizenship through education and awareness-raising.
  5. Action and accountability – taking deliberate and proactive steps to  protect the wellbeing and rights of children, specifically by collecting comprehensive national data about the wellbeing and human rights of Australia’s children; progressing a national vision for Australia’s children through intergovernmental partnerships and agreements; developing outcome based reporting and monitoring of government service delivery and policy development; and developing a children’s impact assessment process for law, policy practice.

 

[1]Australian Government, Protecting Children is Everyone’s Business – National Framework for Protecting Australia’s Children 2009-2020 (2009). At http://www.dss.gov.au/our-responsibilities/families- and-children/publications-articles/protecting-children-is-everyones-business (viewed 22 October 2013).

[2]Child Rights Taskforce, Listento Children, 2011 Child Rights NGO Report (2011). At http://www.childrights.org.au/ (viewed 22 October 2013).

[3]The Hon Nicola Roxon MP, Attorney-General, Minister for Emergency Management and The Hon Jenny Macklin MP Minister for Families, Community Services and Indigenous Affairs, ‘Gillard Government to establish National Children’s Commissioner’ (Joint Media Release, 29 April 2012).

[4]Prime Minister Julia Gillard, Mark Dreyfus MP, Attorney-General, Minister for Emergency Management, Jenny Macklin MP, Minister for Families, Community Services and Indigenous Affairs, Minister for Disability Reform, ‘First national Children’s Commissioner appointed’ (Joint Media Release, 25 February 2013).