Trish Crossin (NT, Australian Labor Party) Share this | Hansard source

I might take that interjection, Senator Fifield. It is not a matter to perhaps be frivolous about, but I do think that these are some issues that have not finally been bedded down in the proposed legislation. Let us ask teenagers what they think about that definition of 15 to 18. Let us ask young people in this country whether it should be 24 or 25. As with most of the submitters, the Law Council noted it supported the definition of children and young people as persons under the age of 18, as provided for in this bill. That is consistent with relevant legislation in the states and territories. It is inconsistent with the United Nations Convention on the Rights of the Child. It is also consistent with the Youth Justice Act 1992 in Queensland, which defines a child as a person under the age of 17 years.

Again, if you are going to get this commissioner to have a role in oversighting state and territory legislation or just Commonwealth legislation—and we have not got to this point of contention yet—then in Queensland maybe the oversighting stops when a child turns 17. How would this Commissioner interact with the state and territory commissioners and guardians? Would they, as is currently drafted in the bill, empower the Commonwealth commis­sioner to interfere in matters that are clearly the responsibility of the states?

In contrast, Mission Australia recommended that the bill should specify the Commonwealth commissioner only has an oversight of Commonwealth and state and territory laws which affect children and young people. Others suggested that there needed to be clearer delineation of respon­sibility between the Commonwealth and the state and territory commissioners and guardians. The Law Council of Australia noted that the role of the Commonwealth commissioner could complement the functions of existing children's commis­sioners and guardians; however, to avoid duplication of functions the role of the Commonwealth commissioner will need to be focused.

We go to the independence of the office and reporting requirements. Should this office report directly to the United Nations? Should it report to the minister? Should it be answerable to the minister, or should it be a stand-alone statutory office? The appointment of the commissioner is unclear here, and many suggested that the appointment process should remain distinct from government—notice, again, there are some amendments here.

I have been through the reporting requirements but, what I want to do in summing up, is turn people's attention to the report. Because if you are interested in this, all of those anomalies and all of those questions that still need to be discussed and debated are outlined in our report. We do recommend a whole series of suggestions for expanding, clarifying, redefining and adding to the various functions and powers of the Commonwealth commissioner proposed in this bill. There are many dot points here—more than a dozen or so—that we felt are yet unanswered and that need further discussion and exploration. While everyone wants to see a national children's commissioner established, we do not think that this legislation should be rushed without further consultation right across the country.