Chris Hayes (Fowler, Australian Labor Party) Share this | Link to this | Hansard source

I rise to support the Australian Human Rights Commission Amendment (National Children's Commissioner) Bill 2012. The bill amends the Australian Human Rights Commission Act 1986 and creates the position of the National Children's Commissioner in the Human Rights Commission. The commissioner will have a monumental role in providing a voice for Australian children, particularly those who are living in disadvantaged conditions and those exposed to threats to their rights and safety.

Like many here, I have children—I also very proudly have five grandchildren—and for this reason this bill has a particular personal significance to me. Even though my children are all grown up, as a parent I cannot help but always want to lend support to them no matter how old they are. Grandparents and their grandchildren have a slightly different relationship to the relationship that parents and their children have, but still as a grandparent you are always looking after and lending support to your grandchildren. I am very blessed because, as I said, I have five grandchildren, and they are very much loved. One of my grandsons is afflicted by autism, and this means that the relationship with him is slightly different again. As a family we do everything we can to ensure that he is not discriminated against in our community, in his schooling or, particularly, within the family.

I feel for people who do not have such a close family bond as we do. There are many in our community who, for various reasons, do not. Many children are forced to become adults well before their time. Children afflicted with disabilities, children living in homeless conditions and children exposed to domestic violence often are forced to take on the persona of mature adults well before their childhood has passed. Having a strong voice for children in this predicament reflects a caring society. This bill is not designed to bureaucratically impose the National Children's Commissioner to supplant the role of a caring family, but it does acknowledge that not every kid in this country—and the member for Fremantle has been very passionate about this for some time—has the support of a caring family. We as a caring nation need to ensure that they to have a strong voice.

I have had an interest in domestic violence for a heck of a long time, because I have had a long association with law enforcement agencies around the country. I am very proud of the efforts they make to suppress crime and minimise the impacts of crime on the community. When I look at the crime statistics—and it does not matter which date, which jurisdiction or which police station they come from—I see that the reported incidents of domestic violence remain stubbornly high. The number of incidents is in many instances going up. This is sometimes on the basis that people are now more confident about reporting domestic violence to authorities; nevertheless, domestic violence is of considerable concern in our society. We normally talk about the impact that domestic violence has on women, who are its main targets, but it also has a huge impact on children. According to statistics, one in three women in Australia will experience domestic violence and one in five women will experience sexual violence. These statistics are pretty bad on the face of it. According to the Australian Bureau of Statistics 2005 personal safety survey, of all women who have experienced partner related violence that had children, 59 per cent indicated that the violence was witnessed by the children in a relationship. So the violence had a direct impact on the children in those relationships. Most of those relationships would probably have more than child. If you extrapolate the statistics, it is possible for the total number of victims of domestic violence to be almost the same as the number of children who have witnessed domestic violence. The impact of that is that 60 per cent of young males growing up in an abusive relationship are more than likely to become abusers themselves as they mature and 50 percent of young females growing up in an abusive relationship—and I am assured this is the case--are more than likely to take an abuser as a partner.

To assert that in these areas a child should not have a strong voice is an absolute absurdity and it certainly would be a situation where we would be closing our eyes to something that all of us in this place know is a reality—that is that the level of domestic violence is high. The victims are not just the women in the relationship who have been targeted specifically for the violence but the children themselves. In a similar way I see a role for the commissioner in terms of homeless children and others children in vulnerable positions in our society.

Homeless children are a group that are very vulnerable and many face unique challenges to survive on a daily basis. This is not just young people living rough. This also includes young people who for various reasons are not able to live at home and have been, using the popular term, 'lounge surfing'. They move from one sofa to another, from one family to another and regrettably they do not have a permanent place of abode. In my former electorate we did a lot of work with an organisation that was specifically providing shelter for young women. I had the opportunity to meet with these kids on many occasions, particularly at Christmas and Easter and occasions that would normally impact on a family. What I learnt from talking to many of the kids there—and they ranged from 12 through to 19—was that there were many reasons they were not at home. But what they really wanted was to have someone actually help them to make decisions in their lives. It was a church based organisation that was helping them in that direction. It showed me that young people do have rights. Young people do need to understand the social systems that we take for granted as adults and they need some person who has the legal authority to pursue their rights.

Back in 2005, when I was the member for Werriwa, in the lead up to the by-election the Macquarie Fields riots took place. There were a lot of young people throwing firebombs and stones and everything else that they could at the local police. At that stage I met up with Father Chris Riley and have had a very long and valued association with him ever since. He is a man who is absolutely passionate about children and making sure that children have every opportunity to succeed in our society. He is not a person who wants to come in and prejudge relationships. He certainly does not prejudge why kids are on the street. He wants to give them an opportunity. I have seen the passion in this man's face when it comes to kids.

Not long after that, we had the devastation of the earthquakes in Indonesia. Father Chris Riley became heavily involved in building a school at Aceh. Many of the kids who were throwing Molotov cocktails and stones at police and doing all that stuff in Macquarie Fields were the ones who accompanied Father Chris Riley to Aceh to help build the Islamic school there. I have met these kids many times. A number of these young people who were on the streets showing all the signs of being delinquent are now qualified social workers and are working within the system to try and assist young people, showing them there is a better way, helping them to be able to make those decisions because many of the young people that Father Chris Riley deals with do not have a stable adult influence in their lives. Unfortunately, many kids in that sort of environment mature rapidly beyond their age and miss out on their childhood. People like Father Chris Riley who are committed to helping young people do an absolutely fine job, but young people must be seen to be able to exercise appropriately their legal voice. They do need someone who can assist. In the short time I have available I would like to mention a person who in New South Wales absolutely stands out as someone who did much for young people. Barbara Holborow was a magistrate in the Children's Court of New South Wales. She received the Order of Australia earlier this year before passing away at the age of 81. She was a magistrate with the Children's Court for a number of years and she was a person who dedicated her life to disadvantaged youth. Barbara worked in a women's refuge. The first child she adopted was a young Aboriginal boy called Jacob. After that, many foster children came under Barbara's care. As a magistrate, Barbara had an impact on the lives of many thousands of kids. Fiercely committed to reforming the justice system for children, she was involved in setting up free legal aid for children in New South Wales and in creating a court which actually cared for the rights of children, particularly in cases of neglect. Sentences were able to be deferred and diversionary activities were set up for young people.

If Barbara were still with us she would be an excellent person to consider for the role of National Children's Commissioner. A person in authority, Barbara Holborow did so much to ensure not only that children's rights were observed but also that children were given the appropriate chance that all of us take for granted for our own kids. I commend this legislation. Like the member for Fremantle, I am proud to be part of a government that has taken on board the rights of children to ensure that they are properly protected in our modern society.

Gai Brodtmann (Canberra, Australian Labor Party) Share this | Link to this | Hansard source

The Human Rights Commission Amendment (National Children’s Commissioner) Bill 2012, which establishes a National Children's Commissioner in Australia, fulfils a long-term commitment by Labor to appoint a national advocate for children. I underscore the comments of the previous speaker in saying it is an achievement of which we are very proud. The new commissioner will focus on promoting the rights, wellbeing and development of children and young people, advocating for their rights on a national level. The National Children's Commissioner will ensure the voices of children and young people are heard in the development of Commonwealth policies and programs, an incredibly important initiative. The new position will begin from 1 July this year or on royal assent, whichever is later. The National Children's Commissioner will join the six existing commissioners at the Australian Human Rights Commission: the Human Rights Commissioner, the Aboriginal and Torres Strait Islander Social Justice Commissioner, the Age Discrimination Commissioner, the Race Discrimination Commissioner, the Disability Discrimination Commissioner and the Sex Discrimination Commissioner.

We want every child in Australia to grow up safe, happy and well. The new commissioner will represent the views of children and young people, particularly those who are most vulnerable. It is time for children and young people to have a national advocate to ensure their rights are reflected in national policies and programs as more of our policies focus on the health and welfare of children. I would also like to point out—and this is important—that the commissioner will not duplicate but complement the work of states and territories, particularly the work of other commissioners and guardians. The commissioner will take a broad advocacy role to promote public awareness of issues affecting children. He or she will also conduct research and education programs and consult directly with children and representative organisations, as well as monitor Commonwealth legislation, policies and programs that relate to children's rights, wellbeing and development.

As part of the 2012-13 budget the government has committed $3.5 million over four years to fund the new Children's Commissioner position. This is welcome funding and will ensure the Children's Commissioner has the resources to carry out its important mandate. Certain comparable jurisdictions, such as the United Kingdom, New Zealand and Norway, already have full-time children's rights commissioners, so this development is incredibly welcome and is one of which I am very proud.

The objectives of establishing this position are: to improve advocacy at a national level for the rights, wellbeing and development of children and young people up to the age of 18 years; to improve monitoring of Commonwealth laws affecting the rights, wellbeing and development of children and young people; to encourage the active involvement of children and young people in decisions that affect them, particularly in the development of government policies, programs and legislation; to support government agencies to develop mechanisms that enhance the active involvement of children and young people; and to assist Australia in meeting its international obligations by promoting and advancing the rights of the child, in particular as enshrined in the United Nations Convention on the Rights of the Child.

The commissioner will have discretion when performing any of their functions to focus on particular groups of children who are at risk or vulnerable, such as children with disability, Aboriginal and Torres Strait Islander children, homeless children or those who are witnessing or subjected to violence. The commissioner will also have discretion to consult with whomever is considered appropriate, with a focus on children—representative organisations of children, state and territory children's commissioners, and guardians. The commissioner will not, however, have a complaint-handling role or a role in dealing with individual children, including individual children's cases in the context of child protection or family law. Although the commissioner will have a limited role to seek leave to intervene in court proceedings that raise significant children's rights issues, this will not extend to representing individual children. They will not have a role as the legal guardian of unaccompanied children in the immigration area or in any other guardianship role.

I am pleased to say that the establishment of a National Children's Commissioner has been well received by stakeholders. Children's rights groups have heralded the establishment of this position as a major step forward in championing children's rights. Early Childhood Australia said:

The creation of a position dedicated solely to promoting the rights, wellbeing and development of children in Australia will ensure that children’s voices are no longer overlooked.

They say it will 'play an important role in ensuring children grow up in a happy and safe environment'. A coalition of Australian's leading children and youth focused organisations—the Australian Youth Affairs Coalition, Save the Children and UNICEF—have also welcomed the announcement as 'an important further step in establishing more robust accountability in government policy and practice for children'. Dr Norman Gillespie, Chief Executive of UNICEF Australia, said:

We need bipartisan support for the role to ensure that the outcomes for children are effective.

The Australian Human Rights Commission itself has also welcomed the news and said:

… the Commissioner will be an important advocate for the protection and promotion of the rights of children and young people across Australia and will help ensure that their voices are heard.

According to the commission:

A National Children’s Commissioner will play an important role in advocating for the protection of the human rights of some of the most vulnerable children and young people in Australia.

It is also important to note that many children and young people in regional and remote Australia who are at risk of social exclusion and poor outcomes will be better represented thanks to the establishment of this position. In recognition of this, the National Children's Commissioner proposal includes funding specifically for the commissioner and staff to travel to regional and remote Australia to consult directly with children and young people and to deliver education and public awareness sessions in those locations.

I applaud the Gillard Labor government for taking action to appoint a National Children's Commissioner. It says a lot about the way Labor thinks and feels about children and children's rights in our society. Gone are the days when children were seen and not heard. More and more we are seeing the rights of children being taken into account in our courts, our classrooms and our parliaments. This is important because human rights are children's rights too. International human rights instruments recognise that children as well as adults have basic human rights. Children, most importantly, also have the right to special protection because of their vulnerability to exploitation and abuse.

Every representative in this House has been exposed to children at risk and also children who have been the victims of abuse. Earlier this year I went to an event at one of my local schools. The kids were performing a concert, and there was one girl who was incredibly noticeable for the fact that for the whole time she covered her face in her hair and kept looking down. There was no engagement with the audience, with her teachers or with the other children in the choir. This child had, in a way, been stunted. It was obvious that she had low self-esteem, or no self-esteem at all. It was tragic to see this young person in, as I said, this stunted state. I turned to one of the teachers and said: 'Is that girl going through some body image issues? What's the story behind this young girl?' They told me that she had been a victim of abuse for many years, and essentially they had spent a lot of time helping her by counselling and trying to draw her out of herself and improve her self-esteem, her image of herself and her confidence. Putting her in the choir was part of that process to help her to engage with others—her peers, her teachers and also, hopefully, the audience. Judging from what I saw of that girl on that day it was going to take some time, given that, as I said, she was covering herself and almost wanted to become invisible through the hair over her face and the lack of engagement with anyone. It was just tragic to see that someone so young wanted to, in a way, write herself out of any presence on the earth.

In this job I have also, unfortunately, been exposed to many women and children who have been the victims of domestic violence. I have spoken many times in this House of women whom we have had to help out with social housing, including women with teenage kids. One woman in particular who came to see us very early in my term was a victim of domestic violence. She was sleeping in her car. She was undergoing chemo for breast cancer, and she had been living in this state in the car with these two teenage kids for weeks and weeks. She came to us to see if we could assist in any way with social housing, and we did, very fortunately, get a social house for her and her two teenage kids. The challenge she was also facing—as if she did not have enough challenges as it was—was the fact that one of her children was a teenage boy and there is a policy at some women's refuges that they do not take teenage boys. I understand why that is so, but it is an issue on which I have been in discussions with the ACT Minister for Women and for Community Services since I have been elected to see what we can do to allow teenage boys to access women's refuge services. I know that, as I said, there are very strong policies as to why some women's refuges do not take teenage boys, but it was particularly difficult for this woman, who was going through this dreadful predicament of not only being the victim of domestic violence but also undergoing chemo to treat breast cancer.

Late last year, during the school presentations, I had the privilege of going out to Galilee, which is out in the south of my electorate. Galilee looks after and educates kids at risk. They were largely young boys, but there were a few young women there too, and they had just spent the year achieving their year 10 certificate. It was a really special occasion just being there with them to celebrate this significant achievement. They had overcome a number of hurdles to attain that academic level—again, not just the self-esteem issues but also being the victims of abuse and other challenges—so it was a real privilege to be with Galilee. Galilee does great work with kids at risk in the community here in Canberra. I commend it for that, and this was an excellent example of the great work that it is doing to help kids through very difficult stages and get them an academic achievement that will form the building blocks for, hopefully, a bright and successful future. Again, very early on in my term I also had the privilege of going out to the Lions Youth Haven, where Galilee is located. I met with a number of young men who were also at risk and who were not doing particularly well at school. They had been signed up for a program where they were building barriers to protect the trees. At Lions Youth Haven there are a number of people who go horse riding and a number of horses are agisted out there, and the horses were eating the bark on these trees. A number of these trees were significant, and Lions Youth Haven and other members of the community rightly wanted to protect them. Lions Youth Haven decided to get these young men at risk to build barriers to protect the trees. This was great for the environment and it was great for the trees; it was not so great for the horses, who obviously liked the bark!

Just in talking to these young men I heard that it taught them not just a range of skills in how to build something and to see the product of their labour but also team-building skills. They had to build these barriers in a team but, most importantly, they had to erect these barriers as a team. It ensured that they improved their communication skills, and the fact that they had to manage as a group improved their abilities to work as a team and those interpersonal skills. If someone is a victim of abuse or if they are a victim of domestic violence they tend to shut those down, like the young girl that I saw in the choir at that school. In a way, they want to withdraw and become invisible and stunted. This program actually drew these boys out to engage with others and also to work in a productive way with others.

I hope that the establishment of this position will mark the beginning of a new era for children in Australia, particularly those who are most vulnerable, like some who I have just spoken about. Australia can be a wonderful place to grow up in; however, not all children have the same opportunities, and certain demographics are often at a disadvantage when they are young, which can lead to disadvantage later in life. We should do all we can to ensure that all children get the best start in life and are treated with dignity and respect. I have no doubt that this will have better long-term outcomes for those children and society at large. I commend this bill to the House.

Geoff Lyons (Bass, Australian Labor Party) Share this | Link to this | Hansard source

I commend the speaker's obvious commitment to this cause.

Sharon Grierson (Newcastle, Australian Labor Party) Share this | Link to this | Hansard source

I too rise to speak in support of the Australian Human Rights Commission Amendment (National Children's Commissioner) Bill 2012. Obviously, this bill will establish for the first time the National Children's Commissioner, the first ever dedicated advocate for children and young people Australia-wide—something that our federal Labor government has been absolutely committed to.

Of course, the United Nations Convention on the Rights of the Child is the foundation for this legislation. That convention outlines four key principles in advocating for the protection and the rights of children. They are: nondiscrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child.

Having spent 30 years of my professional life in schools as a teacher and as a school principal, for me this is a day of great significance and one of personal pride. I warmly welcome the young people who we can see in our galleries today because we are here today trying to represent their best interests. I remember very well teaching a unit of work on the United Nations Convention on the Rights of the Child and how wonderful it was for children and young people to know that they were part of global legislation and a framework to protect their rights. Of course, I also saw—too many times—the abuse of children's rights. I remember my very first year as a teacher, having a class of behaviourally disturbed children and knowing that one of those children was being beaten regularly by his parents. It is a very distressing situation for a young person, as I was then. I think what was also distressing was the conflict for that child, because that child loved his parents so much even though he was a victim of their abuse. So it is a very difficult situation to make sure that we get the rights of a child not just asserted for but also managed sensitively, managed strongly and managed well.

I have also had many experiences of dealing with disclosures of sexual abuse from children. That is the saddest thing of all: to have a child go to a teacher or to a counsellor in a school and disclose that they are a victim of abuse, because usually it is from a family member. I guess that I understand what mentors of children, teachers of children and people who support children through their lives come across every day. I heard the member for Canberra talking about a child at risk and, unfortunately, in education so many times we identify children who are clearly at risk and who are clearly victims of some sort of emotional, physical or sexual abuse. Unfortunately, restrictions in the law sometimes lead to very frustrating situations where we cannot address those problems as well as we might like to if there is no disclosure—and children will often protect the people who do the abuse, thinking that that is the right thing to do. So today is a significant day, and this is an important piece of legislation.

This bill seeks to amend the Australian Human Rights Commission Act to establish the position of National Children's Commissioner in the Australian Human Rights Commission. The intention of the Labor government in establishing the commissioner is: to improve national advocacy for the rights, wellbeing and development of youth under the age of 18; to improve monitoring of Commonwealth laws affecting the rights, wellbeing and development of children and young people; to encourage the active participation of young people in decisions that affect them, particularly in the development of government policies and programs—so it is always wonderful to have young people in this place; to support government agencies in enhancing and increasing the involvement of youth; and to assist Australia in meeting its international obligations by promoting and advancing the rights of the child as enshrined in the UN Convention on the Rights of the Child. To say that the phrase 'the children are our future' is a cliche denies its reality. The wellbeing of children and young people must be at the forefront of our minds as legislators, because obviously one day they will inevitably replace us. As the Attorney-General has stated, Australia's future depends on them reaching their full potential. The commissioner will stimulate national conversation about the key issues affecting young Australians, striving to fulfil and promote their best interests. I looked back at my first speech in this House and noted then that I was very mindful of the responsibility of representing young people in this place. I mentioned the very high expectations young people so rightly hold for government, and I hope this bill goes some distance in representing the best interests into the future. At the commissioner's discretion, they will be able to focus on particular vulnerable or at-risk groups of children and young people such as children with a disability, Indigenous children, homeless children or those who are witness or subject to violence and abuse.

Our bill also contains provisions enabling the commissioner to consult with bodies that have a focus on children, organisations that represent children and state and territory children's commissioners and guardians. They will research and promote programs that go to the core in both addressing and understanding the issues and challenges faced by young people in modern Australia, and I suppose we would all know that those challenges are much more complex. The internet itself is a liberator but, unfortunately, it also liberates the wrong people to prey on young children. Whilst not dealing with individual cases in the context of protection or family law, the commissioner will be able to seek leave to intervene in court proceedings which raise significant children's rights issues. That is a powerful tool. I know it will be used very sensibly but it is comforting that that is part of this legislation.

The 2008 report by the Australian Law Reform Commission indicated that, over the previous decade, children had slipped off the national agenda, citing a rise in child protection notifications and a lower rate of conviction. At the time, Minister Macklin noted that convictions often did not occur due to a lack of evidence, because for people such as children giving evidence can be a frightening thing to do—and I mentioned just how conflicted young people are in that situation. That is why our government has been determined to create a National Children's Commissioner, somebody who will champion and advocate for those who too often have little or no voice at all.

The facts are that children in regional and remote Australia are at greater risk. When compared with those in larger cities, social exclusion and poor outcomes can snowball and lead to a cycle of disadvantage in many walks of life. Funding has been specifically provided for the commissioner and staff to travel to remote places around the nation in order to consult directly with young people and to deliver educational and public awareness programs about the rights of children and the role of the commissioner.

In 2009, our Labor government established the National Framework for Protecting Australia's Children through the Council of Australian Governments, COAG. This was in recognition of the unacceptable levels of child abuse and neglect occurring in our community. The framework indicated that in 2007-08 there were 55,120 reported cases of child abuse and neglect that had been substantiated by child protection services, a very unacceptable figure. The Australian Institute of Health and Welfare indicates that in 2010-11 there were over 31,000 children in substantiated abuse or neglect cases, or one in every 165 children under the age of 18. We can imagine that these figures are only a very small glimpse of the real tragedy facing some children in our communities, and it is unacceptable in a first-world country such as ours.

The institute tell us in its report, Headline indicators for children's health, development and wellbeing, 2011, that although Australian children generally fare comparatively well on a global level, when examining health, status and risk, there is considerable variation when it comes to some key groups. The report indicates that Indigenous children are severely overrepresented across the child protection system when compared with non-Indigenous Australians. In 2010, this group were eight times as likely to be the subject of substantiated abuse or neglect, nine times as likely to be on a care and protection order and 10 times as likely to be in out-of-home care. The report continues, indicating that Indigenous children have a greater chance of being disadvantaged in the areas of health, development and wellbeing. We have made great strides as a government in improving Indigenous outcomes. Year 12 retention rates have risen to 47 per cent, from 30 per cent in the 1990s for Indigenous youth. In Western Australia, South Australia and the Northern Territory, mortality rates have fallen by 36 per cent, but there is clearly more to be done.

When examining another disadvantaged at-risk group—children in remote areas—we again hear a shameful story. Compared with their metropolitan counterparts, children in remote areas are two to three times more likely to die as infants or due to injury and 30 per cent more likely to be born with low birth weight or to be overweight or obese. Furthermore, they are more likely to be developmentally vulnerable at school entry, being around 40-50 per cent less likely to meet national minimum standards for reading and numeracy. In lower socioeconomic parts of our nation, we again see significant pockets of disadvantage and, similarly, those statistics put children at risk. They are astonishing figures for a country such as Australia, but they are the cold, hard facts that indicate that we must continue to introduce new measures to look after the rights of children.

Our government will continue to assist and advocate for those people particularly. There is not any single solution to the problems of social disadvantage. That is why we keep introducing policies and programs—and I see the minister here in the chamber—such as the new schoolkids bonus to help make ends meet, and Paid Parental Leave, and we have, of course, lifted the tax-free threshold to $18,200 to help low-income families. We know that financial pressure is often one of the triggers for relationship breakdowns and certainly for domestic disputes and violence.

Recent changes to the Family Law Act introduced by our government took effect this month. These changes better protect children and young people exposed to family violence, ensuring appropriate action be taken to put the child first in family law disputes. It is also why we are introducing the National Children's Commissioner, to work wholly and solely in the best interests of our young people. The Hunter Valley Research Foundation in my own area tells us that early school leavers, year 10 or below, have an unemployment rate twice that of trade qualified people and around three times the rate of somebody with a university qualification. Hunter region data from the foundation indicates that early school leavers without post-school education or training are generally the lowest paid. This is a nationwide phenomenon and one that is typically higher in areas of greater socio-economic disadvantage. Globally, Australia is above the average when it comes to OECD figures on all key indicators. However, there remains scope for dramatic improvement.

Dr Sharon Bessell, a senior director of the Children's Policy Centre at the Crawford School of Public Policy at the Australian National University, and Brian Babington, CEO of Families Australia, wrote in the Sydney Morning Herald, on 1 May, 2012 that 'four principles would be vital in guiding the National Children's Commissioner to ensure that an impact is actually made'. Firstly, they said that the position should complement existing state and territory commissioners, and we do understand the importance of value-adding. The new Children's Commissioner will join six other national commissioners in the Australian Human Rights Commission. Secondly, they said that the role of National Children's Commissioner should be above politics and remain impartial, with the rights of the child at the forefront of their decision-making process.

Thirdly, they note that the commissioner must adopt a consultative approach and engage with the children he or she represents. One of the key objectives in creating this role is involving young people in decisions that will ultimately affect them.

Finally, they write that, through the creation of this role, national leadership must be taken 'to promote an inspiring vision for the wellbeing, status and role of children and young people.' I hope that this role will deliver on that particular principle.

There remains much to be done to improve health, education and general wellbeing outcomes for particular groups of young children and all young people in Australia. Obviously, no single solution will fix everything. This bill introducing the National Children's Commissioner is a very strong signal that we are prepared to provide strong advocacy, strong representation for children, providing them with a beacon of hope and opportunity for better outcomes and ultimately a better quality of life. I commend the bill to the House.

Graham Perrett (Moreton, Australian Labor Party) Share this | Link to this | Hansard source

I thank the earlier speakers for their contributions to this very important debate on the Australian Human Rights Commission Amendment (National Children's Commissioner) Bill 2012. Obviously, establishing a National Children's Commissioner fulfils a long-term commitment by the Australian Labor Party to appoint a national advocate for children. I am proud to be on this side of the House and supporting the bill.

I also make special mention of the work done by other ministers. I thank Minister Garrett for making a contribution in his role as education minister; Minister Ellis for ensuring that money goes into early childhood education; the health minister and particularly Minister Macklin for developing the child protection framework, which is important when you have states and territories that have different approaches to the reporting of child protection issues. In some states it is mandatory for everybody. In some states teachers have to report and in other states teachers do not have to. Medical practitioners have to report in every state and territory. But the reality is that we are a federation and, whilst that means good policy and good practice can develop, it does not necessarily mean that best practice and best policy spreads throughout the land. I guess that is why we are here as a Commonwealth to ensure that there are best possible standards for children. That is what this legislation before us today does.

I particularly acknowledge a Queenslander, Leneen Forde, who is actually on the board at Griffith University but who in an earlier role led a royal commission that looked at child protection and some of the horrific practices and injustices that had occurred in Queensland. I make mention of Leneen Forde and the great work that she did many years ago.

I am sad to say that my wife, who has been working in child protection for 22 years, has seen some of these investigations and some of those changes. Whilst she always respects confidentiality—except for one case I might mention—she often tells me of the lifelong scars suffered by those who have experienced physical and emotional abuse in the family home and outside. Obviously, DOCS investigates abuse from within the family, then the police step in to investigate those matters outside the home. Sadly, the police do not have as much work as DOCS. The reality is that we tend to be harmed by those who profess to love us, or who should love us, or their children.

I will mention one case that is public and I can only mention this because it is written about in Terri Irwin's book about Steve Irwin. Steve Irwin, as members would remember, sadly passed away, but he was investigated for putting one of his children in a crocodile enclosure. My wife had the job of talking to Mr Irwin on a Friday night. This is all public—obviously, there are confidentiality issues—and it is quite interesting. She would not let me be in the room to hear the conversation, but she did say he even said 'crikey' in the phone call. Obviously, there was a child protection investigation, but nothing like the more serious ones that occur. Obviously, having a six-week old child near crocodiles does not happen too often. That autobiography by Steve Irwin's wife is interesting. I think the Governor-General's secretary phoned Steve to complain about it. It is an interesting representation of the facts surrounding the Governor-General's secretary, and the words which are attributed to my wife are nothing like what was actually said. But, anyway, I drift. I am supposed to be talking about the National Children's Commissioner Bill.

Unfortunately, there are many young children right across Australia from a broad range of backgrounds who are at high risk of abuse, discrimination and subject to poor circumstances. The introduction of a National Children's Commissioner is designed to speak on behalf of those children who do not have a voice and who are suffering alone and in social exclusion. The new commissioner will have discretion when performing any of his or her functions to focus on particular groups of children who are at risk or vulnerable, such as children with disability, those who are homeless or witnessing or subject to violence, and Aboriginal and Torres Strait Islander children. In recognition of the particular disadvantage many Aboriginal and Torres Strait Islander children face, the National Children's Commissioner proposal includes funding specifically for the commissioner and staff to travel to regional and remote Australia to consult directly with children and young people and to deliver education and public awareness sessions in those locations.

The Gillard Labor government is committed to closing the gap of Indigenous disadvantage and this is another way of gradually achieving this aim. This Labor government is already increasing access to early childhood education for Indigenous four-year-olds in remote communities and we are confident that we are on track to halve the infant mortality rates of Indigenous children under five by 2018. Anyone who has young children knows how these dry statistics take on a completely different meaning when you think about your own children. As a father of two—one is only three years old—I cannot imagine what it would be like to have the sorts of statistics, in our own lounge rooms, in our own suburban areas, that are being experienced in some of the more regional and remote Indigenous communities around Australia.

The commissioner will also have discretion to consult with whoever is considered appropriate, with a focus on children, organisations that represent children, state and territory children's commissioners and guardians. So it will be a cooperative, collaborative network. The key objectives of establishing a national children's commissioner are to improve advocacy at a national level for the rights, wellbeing and development of children and young people up to the age of 18 years; and to improve the monitoring of Commonwealth laws affecting the rights, wellbeing and development of children and young people. As I said, Minister Macklin has already gone some way in terms of establishing the child protection framework. The previous Attorney-General, who is in the chamber, has done some great work in terms of changing the Family Law Act to make sure that we put children first. I commend the member for Barton for his great work. I commend the current Attorney-General as well for making sure children come first and foremost when it comes to family law decisions, because that is where so much horrible work occurs.

I also encourage the active involvement of children and young people in decisions that affect them. We see emerging child protection issues—things such as cybersafety, where you cannot go home to a safe place anymore. Schools have always been jungles, in a way—the blackboard jungle is a reality for some people—but at least children used to be able to go home to a safe haven. Now, sometimes, with Facebook, the internet and phones, people can be hassled, bullied and even driven to horrible deeds because of bullying that occurs through the internet.

There are supports for government agencies to develop mechanisms which enhance the active involvement of children and young people. We also assist Australia in meeting its international obligations by promoting and advancing the rights of the child, in particular as enshrined in the United Nations Convention on the Rights of the Child.

As a Queenslander I flag an ongoing issue I have. Children in Queensland are treated as adults. The reality is that whilst Australia has signed up to the Convention on the Rights of the Child, in Queensland we treat 17-year-olds as adults. It is not exactly the sort of topic that you campaign on but it is something that I flag. I have an ongoing interest in it and hopefully my Standing Committee on Social Policy and Legal Affairs, subject to the approval of the deputy chair and the rest of the committee, will look at this topic of Queensland's treatment of children as adults.

The commission is to act as an overarching authority; it is not to deal specifically with individual children's cases. Obviously, that is for the states and territories. The Commonwealth will, however, have a limited role to seek leave to intervene in court proceedings which raise significant children's rights issues. But this will not extend to representing individual children. This bill sends a clear message to the Australian public that child abuse will not be tolerated and that there is help out there for the people who need it the most. Education and awareness is one of the best preventative measures, and that is why we are introducing a new Children's Commissioner to actively campaign and advocate for the rights of the child. Whilst this is obviously not a silver bullet, it is a small step towards stopping more child abuse. It should be supported by all of the members opposite.

I welcome the bill and hope it will have a positive impact on family relationships and children's health, development and wellbeing. I look forward to seeing the appointment of the first Children's Commissioner. I thank, again, Minister Macklin and all of those who have done great work in child protection—Chancellor Leneen Forde from the Griffith University in particular. I commend the bill to the House.

Judi Moylan (Pearce, Liberal Party) Share this | Link to this | Hansard source

Australia has a long history of advocating for and protecting the human rights of its citizens. A central tenet of that protection is the Human Rights and Equal Opportunity Commission, which was established in 1986. Since then, the Australian Human Rights Commission, as it is called now, has continually expanded, creating specific commissioners for each piece of federal legislation enacted to protect citizen rights—such as the Age Discrimination Commissioner in response to Age Discrimination Act in 2004, and the Racial Discrimination Commissioner after the Racial Discrimination Act 1975. Six separate commissioners now exist and all sit within the Australian Human Rights Commission. Since the commencement of the Convention of the Rights of the Child in 1991, which Australia is a party to, there have been calls for the creation of a national children's commissioner to ensure compliance with the convention. Many inquiries have investigated the potential role and responsibilities of such a commissioner but the discussion stands apart as there is no single legislative instrument at the federal level encapsulating the protections which should be afforded to children.

Because of this anomaly there is debate about whether such a commissioner duplicates the functions of current state and territory children's commissioners and even whether a commissioner can play a meaningful role. This is compounded by the fact that most services and legislation affecting children actually fall under the jurisdiction of the states and territories. The lack of a comprehensive legislative framework to guide the work a national children's commissioner calls into question its potential effectiveness. In Senate estimates on 23 May this year the Hon. Catherine Branson QC, the Human Rights Commissioner, confirmed that unlike all the other commissioners—that is, the Age Discrimination Commissioner, the Race Discrimination Commissioner and all the others—a national children's commissioner will not undertake any casework, specifically due to the lack of overarching children's legislation.

This may also explain the relatively low amount of funding which is currently allotted for the commissioner. This funding will pay for the commissioner, a personal assistant and two research assistants at the most. The lack of funding is a dilemma in itself. Ms Branson confirmed that with the creation of a new commissioner, casework always increases. But there is not a substantial commitment to fund the children's commissioner, particularly due to its restricted functions. I put it to this House that it will simply not be effective in doing what it is intended to do.

This morning the Standing Committee on Social Policy and Legal Affairs tabled a report in this House. Unfortunately, we did not get an opportunity to speak to that. I would like to address a few comments specifically regarding that report because, like many of the bills referred to this place, the scrutiny of this bill was done in indecent haste without sufficient time to really prosecute the issues. The coalition has tabled a dissenting report, and I would like to explain the reasons this has happened.

The coalition members do not agree with the committee that the Australian Human Rights Commission Act 1986 should be amended to establish a statutory office of the National Children's Commissioner in the Australian Human Rights Commission. Coalition members of the committee recognise the importance of promoting public discussion and awareness of issues affecting children. We also acknowledge that legislation, policies and programs affecting the rights, wellbeing and development of children should be properly examined. However, we are not persuaded by the committee that this bill would necessarily advance these objectives any further than is currently being achieved.

Coalition members are of the view that the AHRC, the Australian Human Rights Commission, in cooperation with the relevant state and territory commissioners and guardians, already adequately performs the functions envisaged for the new commissioner. The establishment of a new commissioner at a federal level would unnecessarily duplicate the policy and advocacy functions of the respective state and territory authorities as well as the advisory functions provided for in the Australian Human Rights Commission Act. Additionally, given the new commissioner will only function as an advocate and not undertake any casework, coalition members are not persuaded its establishment would support the work currently performed by the state and territory commissioners. Rather, the bill would merely contribute to the expansion of Australia's already burgeoning bureaucracy.

Coalition members cannot agree with the commission that there is urgency surrounding the establishment of a national children's commissioner. There is no evidence to suggest that there has been an increase in the workload of the AHRC or that of the respective state and territory commissioners to justify the establishment of a new commissioner at federal level. Coalition members are not persuaded that there are any compelling reasons to further expand the number of AHRC commissioners, nor significant justification to create a stand-alone advocacy function for children's rights in Australia at the Commonwealth level. Therefore, sadly, the coalition does not support the bill.

It is fundamental that the most vulnerable people in our society receive care and protection, and none are more vulnerable than children. But tokenistic gestures do not equate to real protection on the ground. If the government were truly sincere about protecting the rights of children we would not see children continuing to be locked up in detention centres when they have committed no crime, and the government would not pursue policies that penalise single parents and force small children onto the street.

I take the first issue first because it is dear to my heart. In 2004 I, along with the former member for Kooyong, Petro Georgiou, Russell Broadbent, the member for McMillan, Bruce Baird, the former member for Cook and former senator, Judith Troeth, really struggled to convince the government that detention centres are not the places for people who have not committed any crime. In most cases—and nothing has changed—these are not detention centres but maximum-security prisons where we put murderers, rapists, armed robbers and people who are real criminals. These children have committed no crime. We fought tooth and nail to bring about changes and in 2005 the Howard government announced that it would only be under the most dire circumstances that children would remain in detention centres. A time limit was put on processing them and giving these families with children TPVs.

It greatly disturbs me that we have nearly 500 children—I think that is the number—who remain in detention centres in this country. If we are truly concerned about the plight of children then surely one of the first things we have to do is go back to the spirit of the agreement we made with the Howard government and make sure that we no longer keep children in detention centres in this country. It simply is not right. If the general public of Australia had seen what I saw when I visited some of the centres they would be shocked and would in no way sanction this policy. I continue to be concerned about these very basic and fundamental issues that could be addressed. So why are we pretending here that a children's commissioner is going to resolve some of the most fundamental problems that are before us today?

To go to the second issue, and I do not think I am out of order to speak on this now, social security legislation for what was formerly called Welfare to Work is scheduled to come into this House today and I will speak in greater detail on it then. But the issue here is that we have a bill coming before us which seeks to move single parents off the parent payment when their child turns eight and onto the Newstart allowance. This affects the most vulnerable people in our community, the most vulnerable families who are living below the poverty line. There are 100,000 single parents in this country and 90 per cent of them are women. They are not there because they want to be there. They are not there because they deliberately get pregnant and have children to get onto social security benefits, as many would want us to believe. They are there, very often, because they are escaping domestic violence. They are there because there is no-fault divorce. And sometimes they are there because their partner passes away. This group of people will, under the legislation to come before us later, lose a minimum of $60 a week from their entitlement by moving to Newstart.

What really upsets me is that this legislation says that it is to get people into work. If that is the case, why has the government taken $50 million a year out of job agency payments? These job agencies are already struggling to meet the needs of the long-term unemployed, and we are going to foist on them 100,000 people, or whatever the demographic might be that move over to Newstart allowance, who will be going to them to get help to go to work. These agencies are severely underfunded as it is and they are going to lose $50 million a year. It is just not right. If we truly wanted to move people from welfare into work then we would not be taking measures like that which provide them with very little support.

I listened to the radio this morning and heard about the many members of this parliament who will sleep rough on the streets tonight. I commend them for that. But I remind the House that if we were really serious about the human rights of children we would attend to their most basic and fundamental rights, which are to have a roof over their heads, to have food, to have clothing, to be able to go to school, to be able to have medical assistance and to be able to gain an education. The fact is that on the streets tonight more than 16 per cent of Australia's 105,000 homeless will be families—these are parents with children.

Mr O'Connor, the Minister for Homelessness, is a good minister for whom I have a lot of regard. I heard him say on the radio this morning that the number of women and children among the homeless on our streets are growing in number, yet we are going to drive them further into poverty by taking $60 a week off them by shifting them onto Newstart allowance. So I just wonder what we are doing in this place by standing up and trying to defend a piece of legislation to establish a children's commissioner. We are going to pay for another bureaucrat. I am not taking shots at bureaucrats; some are very good, they do a fine job and I have a lot of respect and a high regard for them. But we are going to pay for another bureaucrat while on our streets we are seeing those fundamental needs unmet. We are living in a wealthy country. Every person should think about this. I have heard a couple of members talk about the abuse and neglect of children. Fiona Stanley, a highly respected medical practitioner and worker in this field, wrote a very fine book a couple of years ago in which she pointed out that poverty is a big reason we are seeing increasing abuse and neglect of children. So I just shake my head at this legislation. It is not that I and the coalition do not want to see greater protection of children. We would like to see greater protection, but we need to address the fundamentals. (Time expired)

Laura Smyth (La Trobe, Australian Labor Party) Share this | Link to this | Hansard source

I think it is fitting that, at the conclusion of the last contribution to this debate, I set the record somewhat straight on the question of housing and this government's commitment to social housing. It was clearly the last speaker's contention that we should be focusing on developments in housing that would assist families and people living rough to find a home or adequate housing. It is somewhat ironic that we are having this discussion when, as part of the stimulus package that this government—and this government alone—committed to, we have a commitment in my home state of Victoria for more than 4,500 social housing units, the vast majority of which have, in fact, been constructed. I visited one in recent weeks and saw the practical benefits that this government has delivered to people, to families and to children who were living in unacceptable circumstances. This was one of the first acts taken by this government, so I will not countenance any comments being put on the record in this place about the commitment of this government to ensuring that people have adequate housing in this country going unchallenged. Clearly, there is much more to do, but it is this government that, after more than a decade of neglect and disregard by the Howard government, made housing and social housing a national priority and backed it with funding. Those opposite simply cannot claim to have the same kind of record on these issues at all. That is the first point. The second point is that, as a member of the Standing Committee on Social Policy and Legal Affairs, I was pleased this morning to be able to be part of the review of the report which has now been tabled in the House in relation to and in support of the National Children's Commissioner. I certainly do not see this as a token measure. I see this as an important measure which ensures advocacy for children in this country and it is something which is long overdue. It has been called for for a considerable time. I know that many advocates from a progressive policy view, and certainly many Labor people, have advocated for a National Children's Commissioner for some time.

Indeed, in 2009 we delivered the first-ever national framework for protecting Australia's children, and all of the policy measures that we have put in place—from education to mental health care for children and young people to early intervention to ensure that children are protected through early learning, through health measures that we have put in place and through education—go to our core beliefs that children should have a good start in life and be supported in their infancy to ensure that they have an opportunity to succeed in life. So it is consistent with those objectives and those policy measures that we today see debate on the National Children's Commissioner.

In 2009 and 2010 the Department of Families, Housing, Community Services and Indigenous Affairs conducted considerable public discussion on a national children's commissioner. The debate and discussion about this issue have been going on for some years in a formal sense and, prior to that, informally. Due to the variety of stakeholder views on the issue, the government conducted further targeted consultations about it. In December of last year the department produced a discussion paper on the question of a children's commissioner and, indeed, the matter is the subject of not only the House standing committee's deliberations on the matter but also the Senate committee's considerations about the establishment of a children's commissioner. And through those processes we have seen some 59 submissions to the Senate inquiry overwhelmingly supporting this bill and the concept of a national children's commissioner. Because we see that around Australia there is a piecemeal approach, it has to be said, to protecting the safety and wellbeing of children, it is important that we have a national framework and a national advocate for children. This is by no means the tokenistic measure that the coalition has referred to in its dissenting report to the standing committee's report earlier today. It is not the tokenistic measure that was alluded to in the previous member's contribution in this place.

Indeed, we have had comments from the Australian Human Rights Commissioner and the commission itself in relation to the establishment of a national children's commissioner, particularly in relation to the question of interoperability with state and territory agencies, which was mentioned in the previous speaker's contribution. At the Senate hearings on this issue the commissioner noted the considerable planning and consultation processes that had taken place on the development of the proposal for a commissioner. She said: 'There has been quite long-term consideration of the relationship between a national children's commissioner and the guardians and children's commissioner at a state and territory level. The topic of the possibility of establishing a national children's commissioner has been under consideration for some time.' She went on to note that state and territory commissioners and guardian representatives had made a combined submission to the Attorney-General's Department supporting the establishment of a commissioner. It was her view that there would be an opportunity for enhancement of the work of those respective agencies and advocates and that that work would continue.

So there is a high level of interest in the establishment of a national children's commissioner. It presents an opportunity to provide advocacy for children and young people right across the spectrum of issues affecting them, from welfare and safety considerations to the ongoing and important issue of 'closing the gap' of Indigenous disadvantage and issues like infant mortality. I see the commissioner as having a significant role to play and I fully support the objectives of the bill before us today. As a consequence, I am very pleased to be able to commend the bill to the House.

Tanya Plibersek (Sydney, Australian Labor Party, Minister for Health) Share this | Link to this | Hansard source

I will be summing up on behalf of the government. I thank honourable members for their contributions to the debate on the Australian Human Rights Commission Amendment (National Children’s Commissioner) Bill 2012, and I particularly thank the members for Pearce and La Trobe whose contributions I have been listening to very intently.

This bill will establish the National Children's Commissioner within the Australian Human Rights Commission. The member for Pearce was suggesting that we have a choice as governments between action and advocacy, and that a role like this, which is focused on advocacy, is necessarily in contradiction to, or intended instead of, action in the area of children's rights, which, of course, is not correct. This government has acted more than any other government in Australia's history to protect the rights and interests of our most vulnerable Australians—children—and that includes in areas like our Healthy Kids Check, and preschools where we are moving to universal preschool education for at least one year for Australian children. It also includes the types of investments that we have seen in policing and also in counselling in the Northern Territory and in other parts of Australia in communities where child abuse is at completely unacceptable levels.

Homelessness was mentioned as well, and we have built 21,000 public housing dwellings around Australia out of the global financial crisis stimulus package. There is the National Rental Affordability Scheme for 50,000 properties, with 10,000 built already and 10,000 to be built next year: 50,000 in total. There are dozens of new homelessness facilities right around Australia, including ones for families, and there has been significant investment in services that prevent homelessness because it is better to have families staying at home rather than losing their homes.

The schoolkids bonus is the classic example in the most recent budget; a measure that supports families with children and makes life a little bit easier for those families—a measure opposed, extraordinarily, by those opposite. A Children's Commissioner is not in opposition to action in these areas but a complement to it. It is important for the voiceless to have a voice and that is what the Children's Commissioner provides for our children.

A National Children's Commissioner will be a strong and forceful voice for these children and young people and play a proactive and positive role in their wellbeing and development. Our children are our future and if we do not value them we can never hope to protect them. A National Children's Commissioner will put their needs front and centre, and that is why the government is so pleased that we will establish for the first time a dedicated advocate focused on the human rights of children and young people at a national level.

This bill's basic principle is that every child is a valued member of our society. A National Children's Commissioner will raise public awareness of nationally significant issues affecting children and young people through discussion, research and educational programs. The commissioner will examine relevant existing and proposed Commonwealth legislation to determine if it adequately recognises and protects children's rights in Australia and report their findings to the government. The commissioner will consult directly with children and their representative organisations to ensure that they can influence the development of policies and programs that affect them at Commonwealth level.

Importantly, the National Children's Commissioner will have a clear focus on vulnerable or at risk groups of children, such as children with disability, Aboriginal and Torres Strait Islander children, homeless children, or those who are witnessing or subject to violence. The commissioner will also report to government each year on matters relating to the human rights of children. The position will contribute to meeting Australia's obligations under the Convention on the Rights of the Child and reinforce our commitment to our international obligations and relationship with the United Nations.

The commissioner will not duplicate the roles of state and territory children's commissioners but will seek to work closely and collaboratively with them to identify national or cross-jurisdictional matters that would benefit from national leadership. Members of the Australian Children's Commissioners and Guardians Group have already indicated their willingness to work collaboratively with the new commissioner and have reiterated their support for the position. The commissioner will not have a guardianship role nor will it have a complaint-handling role or a role in dealing with individual children, including individual children's cases in the context of child protection or family law. However, the commissioner will have a limited role to seek leave to intervene in court proceedings which raise significant children's rights issues—but that will not extend to representing individual children.

I would like to now address some of the issues that have been raised in the debate. The member for Stirling raised the speed with which this has come forward. This has not been a speedy process for the Labor Party. We have been advocating for such a position since 2003. We have conducted consultation with state and territory commissioners and non-government organisations from a range of fields, including a child protection and service delivery, over the last two years. This Labor government wants to see a National Children's Commissioner up and running as soon as possible for the benefit of Australia's children, to give them an independent voice on the national stage.

Funding was allocated in the 2012-13 budget and is available from 1 July 2012. I do not really see why for legislation such as this the opposition seems determined to tie up and delay such important reforms. Some members opposite also raised duplication with state and territory children's commissioners, but there is no duplication of function here. This will be a uniquely national cross-jurisdictional advocacy role.

The member for Fremantle has been a very strong advocate for this position and for children's rights across the board for a very long time. The Attorney-General particularly wanted to thank her for her support and assistance in developing this policy and the role of the commissioner. The member for Canberra highlighted some important functions the commissioner will undertake and the benefits that will flow from the commissioner's advocacy.

The Attorney-General particularly wanted to thank all honourable members for putting their considered views on this important piece of legislation. The Attorney-General thanks the House committee for its report, which recognises the urgency in establishing the position and the need to avoid unnecessary delay. The Attorney-General acknowledges the committee recommended funding be reviewed. The government is confident that funding will be sufficient to meet all its functions, but of course the government will closely monitor it through implementation.

The government looks forward to the passage of this bill to ensure a National Children's Commissioner can be established as soon as possible for the benefit of Australia's children and young people. The creation of the National Children's Commissioner is an important initiative in the government's work to protect our children and young people and promote and protect their human rights. I commend the bill to the House.

Bill read a second time.