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Report of the Commission for Children and Young People

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Report of the Commission for Children and Young People PARLIAMENT OF NEW SOUTH WALES Committee on Children and Young People Review of the 2007-2008 Annual Report of the Commission for Children and Young People Transcript of Proceedings, Written Responses to Questions and Minutes Report No. 3/54 – May 2009 New South Wales Parliamentary Library cataloguing-in-publication data: New South Wales. Parliament. Committee on Children and Young People. Review of the 2007-2008 annual report of the Commission for Children and Young People / Committee on Children and Young People. [Sydney, N.S.W.] : the Committee, 2009. 36 p. ; 30 cm. (Report ; no.3/54) Chair: Mr. Robert Coombs, MP. “May 2009”. ISBN 9781921012891 1. Children—New South Wales. 2. Youth—New South Wales. 3. New South Wales. Commission for Children and Young People. Annual report ; 2007-2008. I. Title. II. Coombs, Robert. III. Series: New South Wales. Parliament. Committee on Children and Young People. Report ; no.54/3 305.23 (DDC22) Review of the 2007-2008 Annual Report of the Commission for Children and Young People Table of contents Membership and Staff...................................................................................... iii Terms of Reference..........................................................................................v Chair’s Foreword ............................................................................................ vii CHAPTER ONE - QUESTIONS ANSWERED BEFORE HEARING................1 Responses from the Commissioner on the 2007-2008 Annual Report of the Commission for Children and Young People....................................................1 CHAPTER TWO - TRANSCRIPT OF PROCEEDINGS .................................11 CHAPTER THREE - QUESTIONS ANSWERED AFTER HEARING.............30 APPENDIX 1 - COMMITTEE MINUTES ........................................................33 Report No. 3/54 – May 2009 i Review of the 2007-2008 Annual Report of the Commission for Children and Young People Membership and Staff Chair Mr Robert Coombs MP, Member for Swansea (from 30 October 2008) Deputy Chair Hon Kayee Griffin MLC (from 30 October 2008) Members Ms Marie Andrews MP, Member for Gosford Mr Stephen Cansdell MP, Member for Clarence Mr Robert Furolo MP, Member for Lakemba (from 24 March 2009) Hon Catherine Cusack MLC Hon Fred Nile MLC Former Hon Carmel Tebbutt MP, Member for Marrickville (Chair until 24 Members September 2008) Dr Andrew McDonald MP, Member for Macquarie Fields (Deputy Chair until 24 September 2008) Mr Geoff Corrigan MP, Member for Camden (Member from 24 September 2008 until 24 March 2009) Staff Mr Mel Keenan, Committee Manager Ms Jo Alley, Senior Committee Officer Ms Cheryl Samuels, Research Officer Ms Jacqueline Isles, Committee Officer Mr John Miller, Assistant Committee Officer Contact Details Committee on Children and Young People Parliament of New South Wales Macquarie Street Sydney NSW 2000 Telephone 02 9230 3060 Facsimile 02 9230 3052 E-mail [email protected] URL www.parliament.nsw.gov.au Report No. 3/54 – May 2009 iii Review of the 2007-2008 Annual Report of the Commission for Children and Young People Terms of Reference The Committee on Children and Young People is constituted under Part 6 of the Commission for Children and Young People Act 1998. The functions of the Committee under the Commission for Children and Young People Act are set out in section 28 of the Act as follows: (1) The Parliamentary Joint Committee has the following functions under this Act: (a) to monitor and review the exercise by the Commission of its functions, (b) to report to both Houses of Parliament, with such comments as it thinks fit, on any matter appertaining to the Commission or connected with the exercise of its functions to which, in the opinion of the Joint Committee, the attention of Parliament should be directed, (c) to examine each annual or other report of the Commission and report to both Houses of Parliament on any matter appearing in, or arising out of, any such report, (d) to examine trends and changes in services and issues affecting children, and report to both Houses of Parliament any changes that the Joint Committee thinks desirable to the functions and procedures of the Commission, (e) to inquire into any question in connection with the Committee’s functions which is referred to it by both Houses of Parliament, and report to both Houses on that question. (2) Nothing in this Part authorises the Parliamentary Joint Committee to investigate a matter relating to particular conduct. (3) The Commission may, as soon as practicable after a report of the Parliamentary Joint Committee has been tabled in a House of Parliament, make and furnish to the Presiding Officer of that House a report in response to the report of the Committee. Section 26 applies to such a report. (4) A reference in this section to the Commission includes a reference to the Child Death Review Team. Report No. 3/54 – May 2009 v Review of the 2007-2008 Annual Report of the Commission for Children and Young People Chair’s Foreword It gives me great pleasure to present this report of the Joint Parliamentary Committee on Children and Young People, the first in my role as Chair. In doing so, the Committee fulfills its statutory duties under s 28 of the Commission for Children and Young People Act 1998 to examine each annual or other report of the Commission and report to both Houses of Parliament on any matter appearing in, or arising out of, any such report. At the outset, I would like to acknowledge the notable contribution to the work of the Committee made by the previous Chair, Hon Carmel Tebbutt MP, and Deputy Chair, Dr Andrew McDonald MP. Due to the provisions of the Act, Ms Tebbutt’s return to the Ministry as Deputy Premier, and Dr McDonald’s appointment as Parliamentary Secretary for Health, meant that they could no longer continue as Members of the Committee. I know I speak for all Committee Members when I express my gratitude for their dedication and collegial approach to Committee work. Throughout the reporting period, the Commission continued to play its role as the State’s leading advocate for the rights and needs of children and young people. The Committee is pleased to note a number of important achievements of the Commission in the reporting period, including: • conducting 237,486 background checks; • publishing Making the world work better for kids on its website, to encourage debate on how best to protect children at work while promoting their wellbeing; • delivering Child-safe Child-friendly training programs to groups such as youth services, family day care and child care centres, local councils, festival and events organisers, school photographers and national parks; • disseminating the Commission’s Babysitting Guide; and • releasing the results of research into children and young people’s experience of poverty and into support for Paid Parental Leave. With respect to the participation of children and young people, the Committee is particularly pleased to note that the Commission has established a new Young People’s Reference Group. The Reference Group’s advice will be incorporated into the Commission’s work, a practical means of promoting the participation of children and young people in decisions about issues that affect their lives. During the reporting period, the most public examination of children and young people’s issues was the Special Commission of Inquiry into Child Protection Services in NSW under Justice James Wood. The Commission’s submission to the Inquiry recommended a refocusing of the current system from viewing children's issues through the prism of child protection. It argued that the Department of Community Services ought to be freed up to do this vital work, with the remainder of the human services system more actively supporting vulnerable children in families under pressure.1 Justice Wood reported under his Terms of Reference in March 2009, and his recommendations formed the basis of the Children Legislation Amendment (Wood Inquiry Recommendations) Bill 2009. 1 Commission for Children and Young People, 2007-2008 Annual Report, Commissioner’s Foreword. Report No. 3/54 – May 2009 vii Committee on Children and Young People Chair’s Foreword In his recent report, Justice Wood unequivocally stated that child protection is “the collective responsibility of the whole of Government and of the community”.2 Committee Members agree with the Commission that this collective responsibility ought to be extended to encompass the wellbeing, rights and needs of every child and young person. The Committee looks forward to continuing to work with the Commission towards that very important goal. Finally, I note that this is the last occasion on which the Committee will have heard from Ms Gillian Calvert in her role as Commissioner for Children and Young People. Ms Calvert was the State’s inaugural Commissioner in 1999, but is ineligible for reappointment to a third term due to the specific provisions of the Act. I would like to take this opportunity on behalf of all Committee Members to wish Ms Calvert all the best in the future, and to thank her for her distinguished leadership of the Commission over the past ten years. Her legacy is an organisation whose role as advocate for children and young people is now emulated not only in other Australian jurisdictions, but in diverse parts of the world; and I would like to leave the last word to her: What makes children work is the relationships that surround them, and I think probably what makes the Commission and the Committee
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