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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-11-19 Daily Xml
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CHILDREN'S PROTECTION (IMPLEMENTATION OF REPORT RECOMMENDATIONS) AMENDMENT BILL

Committee Stage

In committee (resumed on motion).

(Continued from page 4054.)

Clauses 15 to 17 passed.

Clause 18.

The Hon. S.G. WADE: In recommendation 10 Commissioner Mullighan stressed how important it was that the young people involved in the Youth Advisory Committee have financial support. Will members of that committee be remunerated for their participation and have any costs of such participation covered by the government?

The Hon. G.E. GAGO: I am advised that there are currently no sitting fees.

The Hon. S.G. WADE: I am interested to know how the government responds to the following recommendation by Commissioner Mullighan:

Resources be allocated to ensure the participation of children and young people on the Youth Advisory Committee appointed by the Guardian of Children and Young People and on the minister's Youth Council is not limited by financial barriers.

One of the comments the commissioner made in his report is that we need to make sure the ability of children and young people to participate is not limited by the financial barriers. The matter of reimbursement of participants for out-of-pocket expenses and looking at the possibility of arranging sponsorships or subsidies for conferences and forums was raised by other organisations. Some people may need cash up-front just to make it to the group or meeting.

The Hon. G.E. GAGO: I am advised that, as part of the Mullighan response, the guardian was given extra funding for the functions of her office and, obviously, we continue to monitor that and make whatever adjustments need to be made.

The Hon. S.G. WADE: In summing up the second reading, the minister explained that the government did not want to put the charter in the schedule to the act, as was done with the Carers Recognition Act, because, on the one hand, the government wanted to make sure that it was dynamic enough to keep fresh and, on the other hand, it wanted to be able to change it without needing to come back to this place. Why is that any different to the Carers Recognition Act? As I said in my second reading contribution, the young people, and Commissioner Mullighan, specifically likened it to the Carers Recognition Act charter; that is, a schedule to an act.

The Hon. G.E. GAGO: I am advised that in this instance we believed that it was better to support the charter in legislation but allow the document to be changed and updated through regulation, which would allow us to better meet the needs of children and families.

The Hon. S.G. WADE: There is no contrast there with the Carers Recognition Act, but I take it that the minister is not going to take us any further on that, so I will move on to the next issue. We are still on clause 18 and what is proposed to be section 52EE, Approval of charter. It provides that the minister may, on receipt of the charter, require an alteration to the charter after consultation with the guardian, and then approve the charter or variation as altered. The final product needs to be tabled in the parliament, but I would like the minister to advise the committee whether the Legislative Council and the House of Assembly will be advised if a variation of the charter is required by the minister of the guardian.

The Hon. G.E. GAGO: I am advised that it would depend on the advice of the guardian, but I am happy to take that question on notice.

The Hon. S.G. WADE: I cannot see why the guardian would need to give advice to the minister as to whether or not the minister's variation to the guardian's own draft charter needed to be advised to the council. What we need to remember here is that we are in the section relating to the charter of rights. Commissioner Mullighan stressed how important it was that the guardian be independent. The inclusion of this 'Approval of charter' provision clearly indicates that the government agrees that there needs to be a high level of accountability on variations to the charter.

So, whilst not foreshadowing any amendment to this section, the least that I would hope the government could give today is an assurance that, if the guardian provides a charter to the minister, and the minister then requires an alteration to that charter, when the copy of the finalised charter is laid before both houses of parliament they will be advised of what the variations were from the original charter proposed by the guardian.

The Hon. G.E. GAGO: This bill gives the guardian independence. I am advised that, if the guardian was, for instance, to provide a charter and then was not happy with any change that a minister might make to that charter in the future, the guardian has the power to table that information in parliament because the guardian has independent powers to do so. So, the guardian herself (or himself) could make that known to parliament.

Clause passed.

Clause 19 passed.

Clause 20.

The Hon. G.E. GAGO: I move:

Page 13, line 30 [clause 20, inserted schedule 1, clause 1(1)]—Delete 'the regulations' and substitute:

Regulations made for the purposes of section 8B

I understand this amendment is a follow-up to the previous amendment.

The Hon. S.G. WADE: The opposition regards this as a particularly tidy approach by parliamentary counsel, but we are happy to support it.

Amendment carried; clause as amended passed.

Schedule and title passed.

Bill reported with amendments.

Third Reading

Bill read a third time and passed.

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