Advocate for Children and Young People Act 2014 Commences in NSW
Monday 12 January 2015 @ 1.06 p.m. | Legal Research
Last Thursday (9 January 2015), the Advocate for Children and Young People Act 2014 (No. 29) commenced in NSW. The Act creates a new office for the Advocate for Children and Young People; repeals the Commission for Children and Young People and also establishes a new Youth Advisory Council.
Background to the Act
In 2013, the Working with Children Check function was transferred from the Commission for Children and Young People to the Children’s Guardian. Following this, the Minister for Citizenship and Communities commenced extensive community consultation on advocacy for children and young people.
Some of the key messages from the consultation included:
- children and young people should have a say on matters that affect their lives;
- children and young people should be encouraged and assisted to speak for themselves in ways that suit them; and
- an advocate should promote the voices of children and young people and stand up for their interests.
The Act reflects these key messages.
Key Provisions of the Act
The Advocate for Children and Young People Act 2014 (the Act) was commenced by Regulation 713 of 2014 on 9 January 2015.
The key provisions in the Act are as follows:
- Part 2 - Establishes the Advocate for Children and Young People Office;
- Part 3 - Establishes functions of the Advocate;
- Part 4 - Establishes the Youth Advisory Committee and its functions; and
- Parts 5 and 6 - Establishes guidelines for special inquiries and reports by the advocate.
As stated in the introductory second reading speech:
"The new Advocate will have a clearer advocacy role than the Commission for Children and Young People, which was also responsible for regulation of the Working With Children Check until that function was transferred to the New South Wales Children's Guardian in June 2013. The legislation provides an overarching function that the Advocate must "advocate for and promote the safety, welfare and well-being of children and young people". The legislation also gives the Advocate the critically important role of promoting the participation of children and young people in the making of decisions that affect their lives."
Acting Secretary General of the ChildFund Alliance Andrew Johnson was appointed on 2 December 2014 as NSW’s first Advocate for Children and Young People, the Minister for Citizenship and Communities Victor Dominello has announced.
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Sources:
Advocate for Children and Young People Act 2014 as reproduced in TimeBase LawOne
