Commissioner for Children and Young People Act 2016

Commissioner for Children and Young People Act 2016

An Act to make provision for the Commissioner for Children and Young People, to consequentially amend the Children, Young Persons and Their Families Act 1997 , the Tasmanian Early Years Foundation Act 2005 and the Youth Justice Act 1997 , and for related matters

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Commissioner for Children and Young People Act 2016 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.

3.   Principles to be observed

(1)  The Commissioner or any other person performing a function, or exercising a power, under this Act, must –

(a) do so according to the principle that the wellbeing and best interests of children and young people are paramount; and

(b) observe any relevant provisions of the United Nations Convention on the Rights of the Child.

(2)  Subject to subsection (1) , this Act is to be administered according to the following principles:

(a) children are entitled to live in a caring and nurturing environment and to be protected from harm and exploitation;

(b) the interests and needs of children and young people who are disadvantaged for any reason or vulnerable should be given special regard and serious consideration;

(c) the contributions made by children to the community should be recognised for their value and merit;

(d) the views of children on all matters affecting them should be given serious consideration and taken into account;

(e) parents, families and communities have the primary role in safeguarding and promoting the wellbeing of children and should be supported in carrying out their role.

4.   Interpretation

In this Act, unless the contrary intention appears –

child means a person who has not attained the age of 18 years;

Commissioner means the person appointed under section 5(1) ;

identifying details includes name, date of birth, street address, contact details, photographs and other prescribed information but does not include any information that is subject to any lawful claim or right of privilege;

information-sharing entity has the same meaning as in the Children, Young Persons and Their Families Act 1997 ;

Ombudsman has the same meaning as in the Ombudsman Act 1978 ;

report means a report of the Commissioner made under this Act;

Secretary means Secretary of the Department;

State authority has the same meaning as in the State Service Act 2000 ;

vulnerable, in relation to a child or young person, includes –

(a) a child or young person who is the subject of proceedings under the Youth Justice Act 1997 ; and

(b) a child or young person who is, or was, the subject of a care and protection order under the Children, Young Persons and Their Families Act 1997 ; and

(c) a child or young person who is at risk within the meaning of the Children, Young Persons and Their Families Act 1997 ; and

(d) a child or young person who is receiving, or has received, services under the Youth Justice Act 1997 or Part 5 of the Children, Young Persons and Their Families Act 1997 ;

wellbeing, in relation to children and young people, includes the care, development and education, and the physical, emotional and psychological health and safety, of children and young people;

young person means a person, who has not attained the age of 18 years, as determined by the Commissioner in accordance with section 8(4) .

PART 2 - Office of Commissioner for Children and Young People

Division 1 - Office of Commissioner for Children and Young People

5.   Commissioner for Children and Young People

(1)  The Governor, on the recommendation of the Minister, is to appoint a person as the Commissioner for Children and Young People.

(2)  Schedule 1 has effect in respect of the Commissioner and his or her appointment.

6.   Staff

(1)  The Commissioner may make arrangement with the Head of a State Service Agency for a State Service officer or State Service employee employed in that Agency to be made available to the Commissioner to enable the Commissioner to perform his or her functions under this Act or any other Act.

(2)  Subject to and in accordance with the State Service Act 2000 , a person may be employed for the purpose of enabling the Commissioner to perform his or her functions under this Act or any other Act.

(3)  Officers and employees made available under subsection (1) , or employed under subsection (2), may serve the Commissioner in any capacity in conjunction with State Service employment.

7.   Annual plan

The Commissioner is to, no later than 31 March in each year –

(a) prepare an annual plan describing the Commissioner's proposed program of work and activities for the following financial year; and

(b) provide a copy of the annual plan to the Minister.

Division 2 - Functions and powers of Commissioner

8.   General functions of Commissioner

(1)  The Commissioner has the following functions:

(a) advocating for all children and young people in the State generally;

(b) acting as advocate for a detainee under the Youth Justice Act 1997 ;

(c) researching, investigating and influencing policy development into matters relating to children and young people generally;

(d) promoting, monitoring and reviewing the wellbeing of children and young people generally;

(e) promoting and empowering the participation of children and young people in the making of decisions, or the expressing of opinions on matters, that may affect their lives;

(f) assisting in ensuring the State satisfies its national and international obligations in respect of children and young people generally;

(g) encouraging and promoting the establishment by organisations of appropriate and accessible mechanisms for the participation of children and young people in matters that may affect them;

(h) such other functions as are prescribed.

(2)  If the Commissioner advises the Minister under this Act or any other Act, the Commissioner must also provide the advice to any other Minister who administers the department, Agency or legislation that is the subject of the advice.

(3)  Unless otherwise specified, the Commissioner must act independently, impartially and in the public interest when performing a function, or exercising a power, under this Act or any other Act.

(4)  For the purpose of performing any function, or exercising any power, the Commissioner may determine when a child is considered a young person for the purpose of the function or power.

9.   Minister may request Commissioner to investigate or review

(1)  The Commissioner must, if requested to do so by the Minister, undertake an investigation or review into such decision or recommendation made, or such act or omission, under any Act as is specified in the request of the Minister.

(2)  A request of the Minister under subsection (1)  –

(a) may require the Commissioner to undertake an investigation or review that is outside the jurisdiction of the Commissioner as set out in section 14 ; and

(b) may not –

(i) set the terms of the investigation or review; or

(ii) state what is to be considered as part of the investigation or review; or

(iii) otherwise specify how the investigation or review is to be held; and

(c) does not affect the impartiality of the Commissioner or his or her ability to determine the procedure for the investigation or review.

(3)  If the Commissioner prepares a report under section 20 in respect of an investigation or review performed by the Commissioner at the request of the Minister, the Commissioner must provide a draft of the report to the Minister.

(4)  Within 21 days after receiving a draft report under subsection (3) , the Minister may do either or both of the following:

(a) provide the Commissioner with written comments or feedback on the draft report;

(b) make a written request that the Commissioner consult on the draft report with a person specified in the written request.

(5)  If the Minister has taken action under subsection (4) in respect of a draft report under subsection (1) , the Commissioner must include in the finalised report, if requested to do so by the Minister –

(a) a copy of the written comments or feedback of the Minister provided under subsection (4) (a), if any; and

(b) a copy of the written request of the Minister under subsection (4) (b), if any.

10.   Commissioner to act as advocate under Youth Justice Act 1997

(1)  The Commissioner has the following additional functions when acting as an advocate for a detainee under the Youth Justice Act 1997 :

(a) listening to, and giving voice to, the concerns and grievances of the detainee and facilitating the resolution of those concerns and grievances;

(b) seeking information about, and facilitating access by the detainee to, support services appropriate to the needs of the detainee;

(c) assessing whether the detainee has been provided with adequate information about his or her rights;

(d) assessing, in the Commissioner's opinion, the physical and emotional wellbeing of the detainee.

(2)  In acting as an advocate for a detainee within the meaning of the Youth Justice Act 1997 , the Commissioner –

(a) must, within reason, seek and take into account the views and wishes of the detainee before –

(i) asking a staff member of the detention centre, within the meaning of that Act, a question about the detainee; or

(ii) inspecting, or taking extracts or copies of, a document that relates to the detainee; or

(iii) including information about the detainee in a report related to the Commissioner's function as an advocate under that Act; and

(b) must –

(i) preserve, as far as practicable in the circumstances, the privacy of the detainee; and

(ii) respect the wishes of any detainee who does not wish to communicate with the Commissioner; and

(c) may accept, and consider, the detainee's views or wishes provided to the Commissioner in any form the Commissioner thinks fit.

11.   General powers of Commissioner

(1)  The Commissioner has the power to do all things necessary, or convenient, to be done in connection with the performance of his or her functions, and the exercise of his or her powers, under this or any other Act.

(2)  Without limiting subsection (1) , the Commissioner may –

(a) require any person to provide information, answer questions, or produce documents, so far as may be relevant to the performance of the functions, or the exercise of the powers, of the Commissioner or the administration of this Act; and

(b) require information and data for the purposes of –

(i) collating, studying, interpreting and maintaining information in relation to the wellbeing of children and young people in the State; and

(ii) identifying and monitoring trends in respect of the wellbeing of children and young people in the State; and

(c) investigate, and make recommendations in respect of, the systems, policies and practices of organisations, government or non-government, that provide services that affect children and young people; and

(d) investigate, and make recommendations in respect of, the effects of any legislation, proposed legislation, documents, government policies, or practices or procedures, or other matters relating to the wellbeing of children and young people; and

(e) advise and make recommendations, in relation to the rights and wellbeing of children and young people, to Ministers, State authorities and other organisations; and

(f) provide information to other organisations in accordance with this Act or any other Act; and

(g) report publicly on the wellbeing of children and young people in the State; and

(h) exercise such other powers as are prescribed.

(3)  In performing a function, or exercising a power, under this Act, the Commissioner –

(a) may regulate any proceedings held under this Act in any manner he or she considers appropriate; and

(b) is not bound by the rules of evidence but may inform himself, or herself, on any matter in any manner the Commissioner thinks fit; and

(c) is not required to hold a hearing as part of an investigation or review, or as part of the performance of any other function, under this Act; and

(d) may investigate, or review, a matter in any manner he or she considers appropriate; and

(e) may hold an investigation, or review, under this Act in public or in private.

12.   Power to compel information

(1)  If necessary for the performance of a function, or the exercise of a power, the Commissioner may require a person to do any one or more of the following:

(a) to provide information in the format, or manner, specified by the Commissioner, including information that contains identifying details of a child or young person if specifically required by the Commissioner;

(b) to answer questions whether orally or in writing;

(c) to produce documents as specified in the requirement.

(2)  A person must comply with a requirement of the Commissioner under subsection (1) unless, to do so, would require the person to provide information, answer questions, or produce documents –

(a) in respect of which there is a lawful claim or right of privilege; or

(b) that contain information, communicated to a medical professional in confidence, relating to the physical, mental or psychological health of a person; or

(c) that may incriminate the person in an offence.

Penalty:  Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(3)  In addition to any penalty imposed on a person under subsection (2) , a court may make an order requiring the person to provide information, answer questions, or produce documents, to the Commissioner in accordance with the order.

(4)  A person complying with a requirement of the Commissioner under subsection (1) or of a court order under subsection (3) cannot, by virtue of complying with that requirement –

(a) be held to have breached any code of professional etiquette or ethics; or

(b) be taken to have departed from acceptable standards of professional conduct; or

(c) be taken to have contravened any confidentiality requirements of any Act.

13.   Power to establish committees

(1)  The Commissioner –

(a) must establish, as a committee, the Children and Young People Consultative Council; and

(b) must establish, as a committee, the Children and Young People Advisory Council; and

(c) may establish other committees as the Commissioner considers appropriate to assist the Commissioner in the performance of his or her functions or the exercise of his or her powers.

(2)  If the Commissioner establishes a committee under subsection (1)(c) , the Commissioner is to specify the purpose, or function, the committee is to fulfil.

(3)  Schedule 2 has effect with respect to the members and meetings of committees established under subsection (1) .

14.   Certain matters not within jurisdiction of Commissioner

(1)  Unless otherwise specified, the Commissioner does not have the authority to investigate or review –

(a) a specific decision made in respect of an individual case or specific circumstances; or

(b) information, or a document, that is subject to a lawful claim or right of privilege; or

(c) the application of the systems, policies and practices of the Director of Public Prosecutions, or the Police Service, in specific circumstances to determine whether or not to institute, or continue with, proceedings for an offence in those circumstances; or

(d) the application of the systems, policies and practices of the Police Service in specific circumstances to determine whether or not to apply for a police family violence order, or a family violence order, under the Family Violence Act 2004 in those circumstances; or

(e) [Section 14 Subsection (1) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] the application of the systems, policies and practices of Tasmania Legal Aid in respect of the legal advice given in specific circumstances by lawyers employed, engaged or funded by Tasmania Legal Aid; or

(f) any other prescribed matter or decision.

(2)  Subsection (1) (a) does not prevent the Commissioner from –

(a) providing a child, or his or her family, with information about relevant government and non-government programs or services; or

(b) referring a child, or his or her family, to such programs or services; or

(c) investigating or otherwise dealing with any matter affecting the wellbeing of children generally when it is raised through a matter relating to a specific child.

15.   Delegation

The Commissioner may delegate any of his or her functions and powers under this Act, other than this power of delegation.

Division 3 - Information Management

16.   Information sharing

(1)  In this section –

non-identifying information means information in relation to a person that does not –

(a) contain identifying details for the person; or

(b) enable the identity of the person to be ascertained or discovered.

(2)  The Commissioner may do either or both of the following:

(a) provide an information-sharing entity with non-identifying information relating to a child or young person;

(b) request non-identifying information relating to a child or young person from an information-sharing entity.

(3)  An information-sharing entity may, on its own initiative, provide the Commissioner with non-identifying information relating to a child or young person if it is lawful to do so.

(4)  A person providing information under this section –

(a) cannot, by virtue of providing the information, be held to have breached any code of professional etiquette or ethics, to have departed from any accepted standards of professional conduct or to have contravened any Act; and

(b) to the extent that he or she has acted in good faith, incurs no civil or criminal liability in respect of providing the information.

17.   Commissioner may, but is not required to, divulge information

(1)  Unless otherwise specified, the Commissioner may divulge to a relevant authority all, or any part of, information provided to him or her –

(a) if the Commissioner considers it appropriate in the circumstances; and

(b) if to do so would be lawful in the circumstances.

(2)  [Section 17 Subsection (2) amended by No. 30 of 2016, Sched. 2, Applied:16 Nov 2016] The Commissioner may refer any matter to the Ombudsman or the Custodial Inspector appointed under section 5 of the Custodial Inspector Act 2016 if the Commissioner thinks it appropriate to do so.

(3)  A person who is, or has been, the Commissioner may not, in proceedings before a court, or a person authorised by law to hear, receive or examine evidence, be compelled to disclose information acquired in his or her capacity as Commissioner, being information that was disclosed or obtained under this Act.

(4)  For the purposes of this section, a relevant authority may include –

(a) the Police Service; and

(b) a Community-Based Intake Service within the meaning of the Children, Young Persons and Their Families Act 1997 ; and

(c) a Minister or a Secretary of a department; and

(d) any other prescribed person or prescribed organisation.

18.   Confidentiality of information

(1)  A person who is, or has been, engaged in the performance of a function, or exercise of a power, under this Act must not, directly or indirectly, record, dispose of or make use of information obtained in the course of performing the function or exercising the power except –

(a) for the purposes of, or in connection with, performing functions, or exercising powers, under this Act or any other Act; or

(b) with the written consent of –

(i) the person to whom the information relates; and

(ii) if the person to whom the information relates is a child, his or her legal guardian; or

(c) the person reasonably believes that the use, or disclosure, of the information is necessary –

(i) to lessen or prevent a serious threat to an individual's health, safety or welfare; or

(ii) to lessen or prevent a serious threat to public health or public safety; or

(d) in other prescribed circumstances.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Subsection (1) does not apply to the disclosure of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.

(3)  If information collected under this Act is lawfully disclosed, this section does not prevent the further disclosure of the information for the purpose for which the disclosure was made.

PART 3 - Reporting

19.   Annual report

(1)  Within 3 months after the end of each financial year, the Commissioner must provide, to the Minister and the Secretary, a report on the performance of the powers, and the exercise of the functions, of the Commissioner during that financial year.

(2)  Before 30 November in each year, the Commissioner must cause a copy of the annual report for the preceding financial year to be laid before each House of Parliament.

(3)  If the Commissioner is unable to comply with subsection (2) for any reason other than that a House of Parliament is not sitting, the Commissioner must cause to be laid before each House of Parliament a statement specifying –

(a) the reasons for the failure to comply with that subsection; and

(b) an estimate of the day by which a copy of the annual report will be ready to be laid before each House of Parliament.

(4)  If the Commissioner is unable to comply with subsection (2) because a House of Parliament is not sitting, the Commissioner must –

(a) forward a copy of the annual report to the Clerk of that House; and

(b) within the next 7 sitting-days of that House, cause a copy of the annual report to be laid before that House.

20.   Other reports

(1)  The Commissioner may, at any time, prepare a report on –

(a) any investigation, review or research conducted in the performance of the Commissioner's functions; or

(b) any other matter arising in the performance of those functions; or

(c) any other matter or issue relating to children that the Commissioner considers appropriate.

(2)  A report under subsection (1) may include recommendations relating to –

(a) changes to written law, draft law, policy, practice or procedure; or

(b) the taking of any other action that the Commissioner considers appropriate to safeguard and promote the wellbeing of children.

(3)  The Commissioner must provide the Minister with a copy of the report under subsection (1) within 7 days after the report is finalised.

(4)  The Commissioner may cause a copy of a report under subsection (1) to be laid before each House of Parliament no sooner than 7 sitting-days after a copy of the report has been given to the Minister in accordance with subsection (3) .

21.   Adverse comments in reports

Despite anything in this Part, the Commissioner must not include a comment in a report that is adverse to a person unless the Commissioner has –

(a) notified the person in writing of his or her intention to make the comment; and

(b) allowed the person at least 15 working days to make representations to the Commissioner in respect of the comment before the report is finalised.

22.   Publication of reports

(1)  The Commissioner –

(a) must publish a version of the report, or such parts of the report as the Commissioner considers appropriate, in a form that is suitable for children unless the Commissioner considers that it is not appropriate to do so; and

(b) may publish the report, including a version of the report to be published under paragraph (a) , in any manner the Commissioner considers appropriate.

(2)  Despite subsection (1) , if the Commissioner intends to lay a report before both Houses of Parliament, the Commissioner must not publish the report until after the report has been laid before both Houses of Parliament.

PART 4 - Miscellaneous

23.   Obstruction

A person must not obstruct, or hinder, a person who is performing a function, or exercising a power, under this Act.

Penalty:  Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

24.   Protection from liability

(1)  The Commissioner, and any other person, performing a function or exercising a power under this Act does not incur any personal liability, civil or criminal, in respect of any act done or omitted to be done in good faith in the performance or exercise, or purported performance or exercise, of that function or power.

(2)  No civil or criminal proceedings are to be brought against the Commissioner, or any other person performing a function or exercising a power under this Act, in respect of an act or omission referred to in subsection (1) without the leave of the Supreme Court, and the Supreme Court is not to give leave under this section unless it is satisfied that there is substantial ground for the contention that the person to be proceeded against has acted, or omitted to act, in bad faith.

25.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Without limiting the generality of subsection (1) , the regulations may –

(a) provide for, and in relation to, the conduct of investigations, reviews and other proceedings held under this Act; and

(b) provide for the prohibition, or restriction, of the publication or disclosure of information collected under this Act.

26.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Human Services; and

(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Health and Human Services.

27.   Savings and transitionals

The savings and transitional provisions set out in Schedule 3 have effect.

SCHEDULE 1 - Terms of appointment

Section 5(2)

1.   Duration of appointment

(1) The Commissioner holds office for such term, not exceeding 5 years, as is specified in the instrument of appointment.

(2) A person who has been appointed to the office of Commissioner may from time to time be reappointed for a single further term, not exceeding 5 years, as may be specified in the instrument of appointment.

2.   Terms of appointment

(1) The Commissioner holds office on such conditions relating to matters not provided for by this Act as are specified in his or her instrument of appointment.

(2) The Commissioner must not, except in so far as authorised to do so by the Governor –

(a) hold any office of profit, or trust, other than the office of Commissioner; or

(b) engage in paid employment outside the duties of the office of Commissioner.

(3) Subject to subclause (2) , if the holder of an office under an Act is required, by or under that Act, to devote the whole of his or her time to the duties of that office, that requirement does not prevent the holder from holding that office in conjunction with the office of Commissioner.

(4) The State Service Act 2000 does not apply in relation to the Commissioner.

3.   Remuneration

(1) The remuneration and allowances payable to the Commissioner are to be specified in his or her instrument of appointment or otherwise determined by the Governor.

(2) [Schedule 1 Amended by No. 54 of 2016, s. 8, Applied:31 Mar 2017] The Commissioner is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .

(3) [Schedule 1 Amended by No. 54 of 2016, s. 8, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(4) [Schedule 1 Amended by No. 54 of 2016, s. 8, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(5) [Schedule 1 Amended by No. 54 of 2016, s. 8, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

4.   Vacation of office

(1) A person appointed as Commissioner is taken to vacate the office of Commissioner if –

(a) he or she dies; or

(b) he or she resigns the office by written notice to the Governor; or

(c) he or she is removed from office under subclause (2) .

(2) The Governor, by written notice to the Commissioner, may remove the Commissioner from office if the Commissioner –

(a) is, without good reason, absent from the office of Commissioner for an extended period of time; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors, or makes an assignment of his or her remuneration or estate for their benefit; or

(c) is convicted –

(i) in Tasmania of any crime or offence punishable by imprisonment for a term of 12 months or longer; or

(ii) elsewhere of any crime or offence which, if committed in Tasmania, would be punishable by imprisonment for a term of 12 months or longer; or

(iii) of an offence against this Act; or

(d) is unable to perform adequately, or competently, the duties of the office; or

(e) has neglected to perform the duties of the office; or

(f) is guilty of misconduct of such a nature that the Governor feels the Commissioner is unsuitable to continue to hold the office.

5.   Defect does not invalidate appointment

An appointment of a person as Commissioner is not invalid merely because of a defect or irregularity in relation to that appointment.

SCHEDULE 2 - Committees

Section 13(3)

1.   Membership generally

(1) A committee established under this Act consists of 5 or more persons as determined by the Commissioner.

(2) The Commissioner may appoint a member of a committee as the chairperson of the committee.

2.   Children and Young People Advisory Council

In appointing the members of the Children and Young People Advisory Council, the Commissioner must have regard to the desirability of having as members of the committee persons with a range of experience and backgrounds, including persons –

(a) from non-government organisations and community organisations; and

(b) from groups which represent the diversity of the Tasmanian population; and

(c) employed by government agencies concerned with the health, welfare, care, protection, development or legal rights of children; and

(d) employed in a private practice that is relevant to the health, welfare, care, protection, development or legal rights of children.

3.   Children and Young People Consultative Council

In appointing the members of the Children and Young People Consultative Council, the Commissioner must ensure that the members –

(a) are children; and

(b) are from groups which represent the diversity of the Tasmanian population.

4.   Conditions of appointment

(1) A member of a committee is entitled to be paid such remuneration and allowances as are specified in his or her instrument of appointment or as are otherwise determined by the Commissioner.

(2) A member of a committee holds office for the term, and on the conditions, determined by the Commissioner.

5.   Conduct of committee

(1) Meetings of a committee are to be held in accordance with any written directions given by the Commissioner.

(2) Subject to subclause (1) and except as otherwise provided in this Act, a committee may regulate the calling of, and the conduct of business at, its meetings.

(3) A committee may obtain assistance, information and advice from any person it thinks fit.

6.   Disclosure of interests

(1) If –

(a) a member of a committee or the partner of a member of a committee has a direct or indirect interest in a matter being considered, or about to be considered, by the committee; and

(b) the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter –

the member, as soon as practicable after the relevant facts come to the member's knowledge, must disclose the nature of the interest to a meeting of the committee.

Penalty:  Fine not exceeding 10 penalty units.

(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting and, unless the committee otherwise determines, the member who made the disclosure must not –

(a) be present during any deliberation of the committee in relation to the matter; or

(b) take part in any decision of the committee in relation to the matter.

(3) Subclause (1) does not apply in respect of an interest that arises only because the member of a committee also holds an office under the State Service Act 2000 .

SCHEDULE 3 - Savings and Transitionals

Section 27

1.   Interpretation

In this Schedule –

former Act means the Children, Young Persons and Their Families Act 1997 .

2.   Commissioner for Children

The person holding the office of Commissioner for Children under the former Act immediately before the commencement of Division 1 of Part 2 of this Act –

(a) is taken to be appointed as Commissioner for Children and Young People under section 5(1) of this Act, subject to the same terms and conditions of his or her appointment under the former Act; and

(b) is eligible for reappointment under this Act for a single further period, not exceeding 5 years, as may be specified in the instrument of appointment.

3.   Annual report

(1) In this clause –

relevant financial year means the financial year in which section 19 commences.

(2) The first annual report of the Commissioner under section 19 is to include a report on –

(a) the performance of the powers, and the exercise of the functions, of the Commissioner under this Act during the relevant financial year; and

(b) the performance of the powers, and the exercise of the functions, of the Commissioner under the former Act during the relevant financial year.

4.   Committees

(1) The Children and Young Persons Consultative Council established under the former Act is taken, on and after the day on which section 13(1)(a) of this Act commences, to be the Children and Young People Consultative Council established under that section.

(2) The Children and Young Persons Advisory Council established under the former Act is taken, on and after the day on which section 13(1)(b) of this Act commences, to be the Children and Young People Advisory Council established under that section.

(3) A member of a committee taken to be established under subclause (1) or (2) remains a member of the committee so established, on the same terms and conditions as specified in his or her instrument of appointment to the committee under the former Act.

SCHEDULE 4 - Consequential Amendments

(a) Children, Young Persons and Their Families Act 1997 ;

(b) Tasmanian Early Years Foundation Act 2005 ;

(c) Youth Justice Act 1997 .