❓ Question regarding the powers of the proposed Commissioner for Children and Young People, with the Minister deflecting responsibility to the upper house due to delays in passing the bill.
AnsweredQoN 534Legislative Assembly
QuestionView source ↗
COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE
The Premier just boasted that the government had introduced the Commissioner for Children and Young People Bill in June 2005. The government promised to put in place a commissioner for children by December 2005. (1) Is this minister aware that under this bill the children’s commissioner has limited investigatory powers to protect children? (2) Can the minister confirm that under this bill the commissioner’s powers will be severely limited because the commissioner will be prohibited from investigating individual cases; Department for Community Development staff will be prohibited from answering questions that are subject to confidentiality laws; and any relevant documents can be hidden behind legal privilege? Mr D.A. TEMPLEMAN
The Premier just boasted that the government had introduced the Commissioner for Children and Young People Bill in June 2005. The government promised to put in place a commissioner for children by December 2005. (1) Is this minister aware that under this bill the children’s commissioner has limited investigatory powers to protect children? (2) Can the minister confirm that under this bill the commissioner’s powers will be severely limited because the commissioner will be prohibited from investigating individual cases; Department for Community Development staff will be prohibited from answering questions that are subject to confidentiality laws; and any relevant documents can be hidden behind legal privilege? Mr D.A. TEMPLEMAN
AnswerView source ↗
(1)-(2) I thank the member for Nedlands for the question regarding the children’s commissioner. Members are aware that the bill is currently in the other place. It would be very timely if the member for Nedlands spoke to some of her colleagues in that place to ensure that the passage of the children’s commissioner bill was no longer obstructed, as it has been for some time. I highlight to you, Mr Speaker, and to the member for Nedlands some of the comments that have been made in the other place regarding this bill, and elements of it, that must be clarified. Hon Barbara Scott said in the Legislative Council on 22 August 2006 - The bill reduces the power of the commissioner for children to the level of an ordinary person in the community who might ring a department and get no information at all. I want to make sure that this bill, which the government has forwarded to the upper house, is a good bill that contains a very strong model, so that Western Australia will have a commissioner for children and young people. If the upper house gets its act together, we might be able to have that in place. The role of the commissioner, as proposed by the government in this bill, is to be an advocate for the wellbeing of children and young people in Western Australia. The commissioner will have a broad brief to comment to government in reports to the Parliament, as well as publicly, on laws, policies, programs, services and procedures and practices. The commissioner will have the power to initiate and conduct inquiries. The commissioner will be able to comment publicly on any matters the commissioner judges appropriate, such as advocacy, and the commissioner will report to the Parliament. I want to make that very clear, because there is a lot of misconstruction; the commissioner’s reports will be to the Parliament. They will not be subject to any amendment or approval by the relevant minister or the government. The fact of the matter remains that if we are to establish a commissioner for children and young people in this state, it is up to the upper house, and particular opposition members in that place, to ensure the bill’s safe passage.
(1) Is this minister aware that under this bill the children’s commissioner has limited investigatory powers to protect children? (2) Can the minister confirm that under this bill the commissioner’s powers will be severely limited because the commissioner will be prohibited from investigating individual cases; Department for Community Development staff will be prohibited from answering questions that are subject to confidentiality laws; and any relevant documents can be hidden behind legal privilege? Mr D.A. TEMPLEMAN replied: (1)-(2) I thank the member for Nedlands for the question regarding the children’s commissioner. Members are aware that the bill is currently in the other place. It would be very timely if the member for Nedlands spoke to some of her colleagues in that place to ensure that the passage of the children’s commissioner bill was no longer obstructed, as it has been for some time. I highlight to you, Mr Speaker, and to the member for Nedlands some of the comments that have been made in the other place regarding this bill, and elements of it, that must be clarified. Hon Barbara Scott said in the Legislative Council on 22 August 2006 - The bill reduces the power of the commissioner for children to the level of an ordinary person in the community who might ring a department and get no information at all. I want to make sure that this bill, which the government has forwarded to the upper house, is a good bill that contains a very strong model, so that Western Australia will have a commissioner for children and young people. If the upper house gets its act together, we might be able to have that in place. The role of the commissioner, as proposed by the government in this bill, is to be an advocate for the wellbeing of children and young people in Western Australia. The commissioner will have a broad brief to comment to government in reports to the Parliament, as well as publicly, on laws, policies, programs, services and procedures and practices. The commissioner will have the power to initiate and conduct inquiries. The commissioner will be able to comment publicly on any matters the commissioner judges appropriate, such as advocacy, and the commissioner will report to the Parliament. I want to make that very clear, because there is a lot of misconstruction; the commissioner’s reports will be to the Parliament. They will not be subject to any amendment or approval by the relevant minister or the government. The fact of the matter remains that if we are to establish a commissioner for children and young people in this state, it is up to the upper house, and particular opposition members in that place, to ensure the bill’s safe passage.
(2) Can the minister confirm that under this bill the commissioner’s powers will be severely limited because the commissioner will be prohibited from investigating individual cases; Department for Community Development staff will be prohibited from answering questions that are subject to confidentiality laws; and any relevant documents can be hidden behind legal privilege? Mr D.A. TEMPLEMAN replied: (1)-(2) I thank the member for Nedlands for the question regarding the children’s commissioner. Members are aware that the bill is currently in the other place. It would be very timely if the member for Nedlands spoke to some of her colleagues in that place to ensure that the passage of the children’s commissioner bill was no longer obstructed, as it has been for some time. I highlight to you, Mr Speaker, and to the member for Nedlands some of the comments that have been made in the other place regarding this bill, and elements of it, that must be clarified. Hon Barbara Scott said in the Legislative Council on 22 August 2006 - The bill reduces the power of the commissioner for children to the level of an ordinary person in the community who might ring a department and get no information at all. I want to make sure that this bill, which the government has forwarded to the upper house, is a good bill that contains a very strong model, so that Western Australia will have a commissioner for children and young people. If the upper house gets its act together, we might be able to have that in place. The role of the commissioner, as proposed by the government in this bill, is to be an advocate for the wellbeing of children and young people in Western Australia. The commissioner will have a broad brief to comment to government in reports to the Parliament, as well as publicly, on laws, policies, programs, services and procedures and practices. The commissioner will have the power to initiate and conduct inquiries. The commissioner will be able to comment publicly on any matters the commissioner judges appropriate, such as advocacy, and the commissioner will report to the Parliament. I want to make that very clear, because there is a lot of misconstruction; the commissioner’s reports will be to the Parliament. They will not be subject to any amendment or approval by the relevant minister or the government. The fact of the matter remains that if we are to establish a commissioner for children and young people in this state, it is up to the upper house, and particular opposition members in that place, to ensure the bill’s safe passage.
Mr D.A. TEMPLEMAN replied: (1)-(2) I thank the member for Nedlands for the question regarding the children’s commissioner. Members are aware that the bill is currently in the other place. It would be very timely if the member for Nedlands spoke to some of her colleagues in that place to ensure that the passage of the children’s commissioner bill was no longer obstructed, as it has been for some time. I highlight to you, Mr Speaker, and to the member for Nedlands some of the comments that have been made in the other place regarding this bill, and elements of it, that must be clarified. Hon Barbara Scott said in the Legislative Council on 22 August 2006 - The bill reduces the power of the commissioner for children to the level of an ordinary person in the community who might ring a department and get no information at all. I want to make sure that this bill, which the government has forwarded to the upper house, is a good bill that contains a very strong model, so that Western Australia will have a commissioner for children and young people. If the upper house gets its act together, we might be able to have that in place. The role of the commissioner, as proposed by the government in this bill, is to be an advocate for the wellbeing of children and young people in Western Australia. The commissioner will have a broad brief to comment to government in reports to the Parliament, as well as publicly, on laws, policies, programs, services and procedures and practices. The commissioner will have the power to initiate and conduct inquiries. The commissioner will be able to comment publicly on any matters the commissioner judges appropriate, such as advocacy, and the commissioner will report to the Parliament. I want to make that very clear, because there is a lot of misconstruction; the commissioner’s reports will be to the Parliament. They will not be subject to any amendment or approval by the relevant minister or the government. The fact of the matter remains that if we are to establish a commissioner for children and young people in this state, it is up to the upper house, and particular opposition members in that place, to ensure the bill’s safe passage.
(1)-(2) I thank the member for Nedlands for the question regarding the children’s commissioner. Members are aware that the bill is currently in the other place. It would be very timely if the member for Nedlands spoke to some of her colleagues in that place to ensure that the passage of the children’s commissioner bill was no longer obstructed, as it has been for some time. I highlight to you, Mr Speaker, and to the member for Nedlands some of the comments that have been made in the other place regarding this bill, and elements of it, that must be clarified. Hon Barbara Scott said in the Legislative Council on 22 August 2006 - The bill reduces the power of the commissioner for children to the level of an ordinary person in the community who might ring a department and get no information at all. I want to make sure that this bill, which the government has forwarded to the upper house, is a good bill that contains a very strong model, so that Western Australia will have a commissioner for children and young people. If the upper house gets its act together, we might be able to have that in place. The role of the commissioner, as proposed by the government in this bill, is to be an advocate for the wellbeing of children and young people in Western Australia. The commissioner will have a broad brief to comment to government in reports to the Parliament, as well as publicly, on laws, policies, programs, services and procedures and practices. The commissioner will have the power to initiate and conduct inquiries. The commissioner will be able to comment publicly on any matters the commissioner judges appropriate, such as advocacy, and the commissioner will report to the Parliament. I want to make that very clear, because there is a lot of misconstruction; the commissioner’s reports will be to the Parliament. They will not be subject to any amendment or approval by the relevant minister or the government. The fact of the matter remains that if we are to establish a commissioner for children and young people in this state, it is up to the upper house, and particular opposition members in that place, to ensure the bill’s safe passage.
(1) Is this minister aware that under this bill the children’s commissioner has limited investigatory powers to protect children? (2) Can the minister confirm that under this bill the commissioner’s powers will be severely limited because the commissioner will be prohibited from investigating individual cases; Department for Community Development staff will be prohibited from answering questions that are subject to confidentiality laws; and any relevant documents can be hidden behind legal privilege? Mr D.A. TEMPLEMAN replied: (1)-(2) I thank the member for Nedlands for the question regarding the children’s commissioner. Members are aware that the bill is currently in the other place. It would be very timely if the member for Nedlands spoke to some of her colleagues in that place to ensure that the passage of the children’s commissioner bill was no longer obstructed, as it has been for some time. I highlight to you, Mr Speaker, and to the member for Nedlands some of the comments that have been made in the other place regarding this bill, and elements of it, that must be clarified. Hon Barbara Scott said in the Legislative Council on 22 August 2006 - The bill reduces the power of the commissioner for children to the level of an ordinary person in the community who might ring a department and get no information at all. I want to make sure that this bill, which the government has forwarded to the upper house, is a good bill that contains a very strong model, so that Western Australia will have a commissioner for children and young people. If the upper house gets its act together, we might be able to have that in place. The role of the commissioner, as proposed by the government in this bill, is to be an advocate for the wellbeing of children and young people in Western Australia. The commissioner will have a broad brief to comment to government in reports to the Parliament, as well as publicly, on laws, policies, programs, services and procedures and practices. The commissioner will have the power to initiate and conduct inquiries. The commissioner will be able to comment publicly on any matters the commissioner judges appropriate, such as advocacy, and the commissioner will report to the Parliament. I want to make that very clear, because there is a lot of misconstruction; the commissioner’s reports will be to the Parliament. They will not be subject to any amendment or approval by the relevant minister or the government. The fact of the matter remains that if we are to establish a commissioner for children and young people in this state, it is up to the upper house, and particular opposition members in that place, to ensure the bill’s safe passage.
(2) Can the minister confirm that under this bill the commissioner’s powers will be severely limited because the commissioner will be prohibited from investigating individual cases; Department for Community Development staff will be prohibited from answering questions that are subject to confidentiality laws; and any relevant documents can be hidden behind legal privilege? Mr D.A. TEMPLEMAN replied: (1)-(2) I thank the member for Nedlands for the question regarding the children’s commissioner. Members are aware that the bill is currently in the other place. It would be very timely if the member for Nedlands spoke to some of her colleagues in that place to ensure that the passage of the children’s commissioner bill was no longer obstructed, as it has been for some time. I highlight to you, Mr Speaker, and to the member for Nedlands some of the comments that have been made in the other place regarding this bill, and elements of it, that must be clarified. Hon Barbara Scott said in the Legislative Council on 22 August 2006 - The bill reduces the power of the commissioner for children to the level of an ordinary person in the community who might ring a department and get no information at all. I want to make sure that this bill, which the government has forwarded to the upper house, is a good bill that contains a very strong model, so that Western Australia will have a commissioner for children and young people. If the upper house gets its act together, we might be able to have that in place. The role of the commissioner, as proposed by the government in this bill, is to be an advocate for the wellbeing of children and young people in Western Australia. The commissioner will have a broad brief to comment to government in reports to the Parliament, as well as publicly, on laws, policies, programs, services and procedures and practices. The commissioner will have the power to initiate and conduct inquiries. The commissioner will be able to comment publicly on any matters the commissioner judges appropriate, such as advocacy, and the commissioner will report to the Parliament. I want to make that very clear, because there is a lot of misconstruction; the commissioner’s reports will be to the Parliament. They will not be subject to any amendment or approval by the relevant minister or the government. The fact of the matter remains that if we are to establish a commissioner for children and young people in this state, it is up to the upper house, and particular opposition members in that place, to ensure the bill’s safe passage.
Mr D.A. TEMPLEMAN replied: (1)-(2) I thank the member for Nedlands for the question regarding the children’s commissioner. Members are aware that the bill is currently in the other place. It would be very timely if the member for Nedlands spoke to some of her colleagues in that place to ensure that the passage of the children’s commissioner bill was no longer obstructed, as it has been for some time. I highlight to you, Mr Speaker, and to the member for Nedlands some of the comments that have been made in the other place regarding this bill, and elements of it, that must be clarified. Hon Barbara Scott said in the Legislative Council on 22 August 2006 - The bill reduces the power of the commissioner for children to the level of an ordinary person in the community who might ring a department and get no information at all. I want to make sure that this bill, which the government has forwarded to the upper house, is a good bill that contains a very strong model, so that Western Australia will have a commissioner for children and young people. If the upper house gets its act together, we might be able to have that in place. The role of the commissioner, as proposed by the government in this bill, is to be an advocate for the wellbeing of children and young people in Western Australia. The commissioner will have a broad brief to comment to government in reports to the Parliament, as well as publicly, on laws, policies, programs, services and procedures and practices. The commissioner will have the power to initiate and conduct inquiries. The commissioner will be able to comment publicly on any matters the commissioner judges appropriate, such as advocacy, and the commissioner will report to the Parliament. I want to make that very clear, because there is a lot of misconstruction; the commissioner’s reports will be to the Parliament. They will not be subject to any amendment or approval by the relevant minister or the government. The fact of the matter remains that if we are to establish a commissioner for children and young people in this state, it is up to the upper house, and particular opposition members in that place, to ensure the bill’s safe passage.
(1)-(2) I thank the member for Nedlands for the question regarding the children’s commissioner. Members are aware that the bill is currently in the other place. It would be very timely if the member for Nedlands spoke to some of her colleagues in that place to ensure that the passage of the children’s commissioner bill was no longer obstructed, as it has been for some time. I highlight to you, Mr Speaker, and to the member for Nedlands some of the comments that have been made in the other place regarding this bill, and elements of it, that must be clarified. Hon Barbara Scott said in the Legislative Council on 22 August 2006 - The bill reduces the power of the commissioner for children to the level of an ordinary person in the community who might ring a department and get no information at all. I want to make sure that this bill, which the government has forwarded to the upper house, is a good bill that contains a very strong model, so that Western Australia will have a commissioner for children and young people. If the upper house gets its act together, we might be able to have that in place. The role of the commissioner, as proposed by the government in this bill, is to be an advocate for the wellbeing of children and young people in Western Australia. The commissioner will have a broad brief to comment to government in reports to the Parliament, as well as publicly, on laws, policies, programs, services and procedures and practices. The commissioner will have the power to initiate and conduct inquiries. The commissioner will be able to comment publicly on any matters the commissioner judges appropriate, such as advocacy, and the commissioner will report to the Parliament. I want to make that very clear, because there is a lot of misconstruction; the commissioner’s reports will be to the Parliament. They will not be subject to any amendment or approval by the relevant minister or the government. The fact of the matter remains that if we are to establish a commissioner for children and young people in this state, it is up to the upper house, and particular opposition members in that place, to ensure the bill’s safe passage.
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