About

Unless otherwise specified, the Commissioner must act independently, impartially and in the public interest.

The Commissioner’s general functions are described in Section 8 of the CCYP Act. These functions include:

• Advocating for all children and young people in Tasmania, with a particular focus on, but not restricted to, children who by virtue of their circumstances, are in particular need of strong advocacy, such as children involved with the child safety system and/or the youth justice system.
• Advocating for young people who are detained under the Youth Justice Act 1997. The Commissioner regularly visits Ashley Youth Detention Centre to meet with the young people who are detained there.
• Researching, investigating and influencing policy development into matters relating to children and young people generally.
• Promoting, monitoring and reviewing the wellbeing of children and young people in Tasmania generally. The term “wellbeing” in relation to children and young people includes the care, development and education, and the physical, emotional and psychological health and safety of children and young people.
• Promoting and empowering the participation of children and young people in the making of decisions or the expressing of opinions on matters that may affect their lives. This includes encouraging and promoting the establishment by organisations of appropriate and accessible mechanisms for the participation of children and young people in matters that may affect them.

The Commissioner may publish reports, provide advice to Ministers and government agencies, and make submissions to inquiries and reviews. The Commissioner may also be asked to comment on draft legislation and on proposed policies, including on national issues where the matter in question has the capacity to affect children and young people in Tasmania.

The Commissioner may initiate a systemic inquiry or investigation and has wide powers to compel the production of information and documents needed to perform these functions.

The Commissioner can investigate some matters relating to the circumstances of individual children, but only if requested to do so by the Minister.

The Commissioner regularly speaks with and hears from members of the Tasmanian community, including children and young people, about a range of issues concerning young Tasmanians. Information received in this way is used to inform the Commissioner’s systemic advocacy work on behalf of children and young people.

The Commissioner may also refer matters (received or identified as part of an inquiry) to relevant authorities, including Tasmania Police, the Ombudsman, the Integrity Commission, the Custodial Inspector and the Anti-Discrimination Commissioner.

Guiding Principles:

In performing any function or power, the Commissioner must –

• do so according to the principle that the wellbeing and best interests of children and young people are paramount; and
• must observe any relevant provisions of the United Nations Convention on the Rights of the Child.

Noting the importance of the overarching principles set out above, the Commissioner’s work is also to be administered according to the following principles:

• children are entitled to live in a caring and nurturing environment and to be protected from harm and exploitation;
• the interests and needs of children and young people who are disadvantaged for any reason or vulnerable should be given special regard and serious consideration;
• the contributions made by children to the community should be recognised for their value and merit;
• the views of children on all matters affecting them should be given serious consideration and taken into account;
• parents, families and communities have the primary role in safeguarding and promoting the wellbeing of children and should be supported in carrying out their role.

Since ratification of the Convention, independent children’s commissioners, advocates or guardians have been established in all Australian states and territories, and at a national level, to represent and promote the rights of all children, including by providing them with a voice about decisions that may affect them.

The first Tasmanian Commissioner was appointed in 2000. Consistent with the statutory functions set out in the Commissioner for Children and Young People Act 2016, the Commissioner is responsible for advocating for children and young people in Tasmania generally, and for promoting, monitoring and reviewing their wellbeing.

In carrying out these functions, the Commissioner may investigate and make recommendations in respect of the systems, policies and practices of organisations that provide services that affect children and young people. The Commissioner may also investigate and make recommendations in respect of the effects of any legislation, proposed legislation, documents, government policies, or practices or procedures, or other matters relating to the wellbeing of children and young people.

Importantly, the Commissioner has a specific function to assist in ensuring that the State satisfies its national and international obligations with respect to children and young people generally.

When performing a function or exercising a power under the CCYP Act, the Commissioner must –

1. do so according to the principle that the wellbeing and best interests of children and young people are paramount; and
2. observe any relevant provisions of the United Nations Convention on the Rights of the Child.

The legislative provisions described above provide a mandate for the Commissioner to advocate for, and to promote the wellbeing of, Tasmania’s children and young people through the lens of a child-rights framework.

By providing this mandate, and by allocating resourcing to the Commissioner’s office, the Tasmanian Government has acknowledged the importance of ensuring the Convention is embedded and promoted as a framework by which to inform and guide the development of legislation, policy, practices or procedures which have the potential to affect children and young people in Tasmania.

ANZCCG meets twice per year in May and November.

ANZCCG aims to promote and protect the safety, well-being and rights of children and young people in Australia, and to ensure that the best interests of children and young people are considered in public policy and program development across Australia.

ANZCCG was formerly known as the Australian Children’s Commissioners and Guardians (ACCG).  The New Zealand Children’s Commissioner became a formal member of the group in May 2018, and the group’s name changed to reflect their inclusion.

For more information about ANZCCG visit: http://accg.org.au/