TOGETHER MAKING NSW A BETTER PLACE FOR CHILDREN AND YOUNG PEOPLE
2002-03 Annual Report 02:03NSW Commission for Children and Young People 2
About the Commission
The NSW Commission for Children and Young People is an independent organisation :02:set up 03in 1999 to advocate for the children and young people of NSW. The Commission aims to influence and initiate broad, positive change through:
• researching and monitoring trends into children’s welfare, safety and well-being;
• advising government and non-government agencies;
• informing and educating children, the community and professionals;
• conducting inquiries into issues important to children; and
• implementing and monitoring the Working With Children Check to help make workplaces safe for children.
In 2002-03, the Commission:
• employed an average of 34 full-time equivalent staff;
• spent $6.105 million on operating costs, an increase of 14% from 2001-02. The increased expenditure was mainly due to one-off funding for special projects; and
• received advice on our direction and work from an eight member Expert Advisory Committee and a Young People’s Reference Group made up of 12 children and young people from around NSW. 3
Contents The Hon Dr Meredith Burgmann MLC President Legislative Council Chapter 1: Parliament House SYDNEY NSW 2000 Introducing the Commission for Children and Young People Our vision and guiding principles 6 The Hon John Aquilina MP Our role and functions 6 Speaker Commissioner’s message 7 Legislative Assembly Our stakeholders and history 8 Parliament House Our structure and staff 9 SYDNEY NSW 2000 How we use our funding 9 Kids in NSW: a snapshot 10 Dear Madam President and Mr Speaker Chapter 2: Our results - a summary Summary of key activities for 2002-03 11 In accordance with section 23 of the Commission for Children and Young People Act 1998, I am pleased to present the Chapter 3: Commission’s annual report for the 2002-03 financial year. Building participation The annual report has been prepared in accordance with the Our activities to build participation for children Annual Reports (Departments) Act 1985 (as modified by the and young people 15 Commission for Children and Young People Act 1998) and the Chapter 4: Public Finance and Audit Act 1983. Improving safety and welfare As provided by section 26 of the Commission for Children and Our activities to improve safety and welfare for Young People Act 1998, I hereby request that you make this children and young people 25 report public forthwith.
Chapter 5: Strengthening well-being Yours sincerely Our activities to strengthen well-being for children and young people 37
Chapter 6: Influencing on children and young people’s issues Our activities to influence on children and young people’s issues 43 Gillian Calvert Commissioner Chapter 7: Being an accountable and effective organisation Our activities to be an accountable and effective organisation 49
Chapter 8: Our finances 57
Chapter 9: Additional statutory requirements 75 4 Researching issues that affect children and young people: • Published research in January 2003 into the Suicide and Risk-Taking Deaths of Children and Young People, page 34. • Started studies to investigate the sudden unexpected deaths of infants, the fatal assault and neglect of children and young people, and young people’s experiences of work, page 35.
Making workplaces safer for children and young people: • Coordinated background checks of more than 265,000 people to reduce the risk of unsuitable people working with kids, page 28. • Started a project to help organisations with volunteers and tertiary students on placement to make their workplace safer and friendlier for kids, page 32. : The Commission’s: activities in 2002-03: 02Raising public awareness03 of issues that affect children and young people: • Worked to raise community awareness about new laws on the physical punishment of children, page 32. • Published the Report of the Inquiry into the best means of assisting children and young people with no-one to turn to, page 33. • Told the stories of children and young people living in Australian immigration detention centres, page 18.
Influencing decision-makers about issues that affect children and young people: • Advocated on behalf of kids at a national, state and community level on issues such as age of consent laws, transport safety, and the education of children in care, page 46. • Worked collaboratively with the Queensland Commission for Children and Young People to start to develop a National Policy Framework on the Early Years, page 40.
Providing opportunities for kids to speak up and get involved: • Helped young people develop the skills and confidence to speak up on issues that are important to them, page 20. • Helped young people get involved in the NSW Childhood Obesity Summit, page 16.
Helping individuals and organisations involve children and young people better: • Started developing new resources to help people involve kids better in research and individual case-planning, page 22. • Trialled a tool to help organisations assess how well they are involving children and young people in their work, page 22.
Creating educational and professional development opportunities: • Conducted four seminars about the early development of children, page 41. • Conducted two research forums about child protection and domestic violence and fatal assaults of children and young people, page 41. 5
Introducing the NSW Commission for Children and Young People Chp:01 6
Our vision Together making NSW a better place for all children and young people
Our guiding principles :02:03Guided by the principles of the Commission for Children and Young People Act 1998 we: • make the safety, welfare and well-being of children our paramount consideration; • listen to children and young people, take their views seriously and promote their interests; • believe strong relationships between children and families and communities are important; • focus on things that make a positive difference to children and young people, giving priority to vulnerable children and young people; • work cooperatively with other agencies and organisations to achieve our goals; and • work with openness, integrity and fairness in an accountable way.
Our role and functions: The Commission promotes the safety, welfare and well-being of children and young people in NSW. The work of the Commission comprises seven main areas:
• holding inquiries, or investigations, into important questions about issues relating to children and young people; • making recommendations to Parliament, government and non-government agencies on legislation, policies, practices and services that affect children and young people; • providing information to help children and young people and people who work with them; • researching and monitoring issues that affect children and young people; • promoting, conducting and monitoring training for adults who work with children and young people and developing programs specifically for children and young people; • implementing and monitoring laws to check a person’s background to determine their suitability to work with children and young people; and • managing a voluntary accreditation system for counsellors and therapists who work with people who have committed sexual offences against children.
The Commission does not have the powers to examine individual complaints about unfair, illegal or improper conduct relating to children. Individual grievances by children and young people can be referred to other bodies such as the Ombudsman, Health Care Complaints Commission or Independent Commission Against Corruption for investigation. 7
The Commissioner’s message
There have been both achievements and challenges for the Commission in the past year.
The work that the Commission has employers, government and others in the completed in the past 12 months community. continues to build on our earliest work As a community, we need to be mindful around children and young people’s of the impact that adult decisions can safety and well-being. For instance, we have on the 1.6 million children and have strengthened the Working With young people who live in NSW. Recently, Children legislation and are piloting the changes to child-related employment ‘Volunteers and Students’ program to policy and legislation were proposed. The assist organisations with volunteers and debate has centred on what level of students on placement to make their scrutiny is appropriate when considering organisations safer. harmful behaviour towards children in We have also published a report into workplaces. Suicide and Risk-taking Deaths of Children We need to refine systems so they don’t and Young People and the results of our unfairly disadvantage people who are Inquiry into the best means of assisting doing the right thing by children, but not children and young people with no-one at the expense of undoing the to turn to. These reports contain protections that have arisen from learning important messages for the whole the difficult lessons of the past. community about ways we can work together to keep kids safe from harm and My staff and I look forward to continuing promote their well-being. to work hard to make NSW a better place for children and young people and Our mandate is to be an independent provide leadership on issues important to voice for kids. This means helping kids them. become involved in setting directions. We talk with kids to find out their views We are pleased to present our fourth and bring them to the decision-making annual report and look forward to table. We also help others to involve kids continuing the important work Parliament so they can speak for themselves and has set us. make a difference about things that matter to them.
Our independence is our strength. This helps us remain focused on positive outcomes for children and young people Gillian Calvert when we work with parents, schools, Commissioner 8
Our history
The Commission was established in June 1999 by an Act of Parliament which had bipartisan support. Gillian Calvert was appointed as the first Commissioner. 02:03The Royal Commission into the NSW Police Service was a major catalyst for establishing the Commission. In its report to the Our stakeholders Government in August 1997, the Royal Commission identified a number of serious, systemic failures that put children and young Our stakeholders are NSW: people at risk of abuse. It found that there was no single voice speaking out for the interests of children and young people in • children and young people in NSW under 18 years of age; NSW and recommended the establishment of a Commission for • parents and carers of children and young people; Children to advocate for their safety and welfare and promote • people who work in the interests of children and young people; their well-being. • people who provide services to children and young people; • parliamentary committees, politicians, Ministers; Children, young people and others who were consulted about • employers, employees, volunteers and unions; setting up the Commission felt that it should broaden its focus • complaints/watchdog bodies; to consider the broad range of issues that affect all children and • media; and young people. • Commission staff and committees. The Commission reports directly to the NSW Parliament and is overseen by the Parliamentary Committee on Children and Young People. 9 Our structure and staff
Commissioner
Director
Community Working With Policy Research Administration Education Children
There were 36 staff employed in the Commission as at 30 June 2003. This equates to a full-time equivalent of 32.3 positions. During 2002-03 the Commission employed an average of 34 full-time equivalent staff.
Of these staff, one is a Chief Executive Officer, and all other staff are employed under the Public Sector Employment and Management Act 2002.
More information about the human resource policies and practices of the Commission can be found in Chapter 9 – Additional statutory requirements.
How we use our funding
Chart 1: Sources of funding 2002-03 (Total revenue: $6.385 million) 4.4% 0.3% 1.3% 4.4% NSW Treasury - Recurrent 89.6% NSW Treasury - Capital 4.4% Grants and Contributions 0.3% 89.6% Other Crown funding 4.4% Retained Revenue 1.3%
As a budget sector agency the Commission receives the majority of its funding from the NSW Treasury.
Chart 2: Allocation of total expenses 2002-03 (Total expenses: 6.385 million) 4% 7% 4% 43% Employee related expenditure 43% Maintenance and operating expenses 42% Grants and subsidies 7% 42% Depreciation 4% Capital 4%
Total expenses for 2002-03 reflect an increase of 17% from 2001-2002. Operating expenses increased by 14% due to one-off funding for special projects and capital expenses increased by $0.185 million to fund IT enhancements.
Chart 3: Our budget for 2003-04 (Total budget: 6.382 million) 2% 2% 1%
Treasury Recurrent 95% Treasury Capital 2% 95% Other Crown funding 2% Retained Revenue 1%
The Commission’s budget for 2003-04 includes one-off funding for the Working With Children: Volunteers and Students program that commenced in 2002-03. 10
• In 2001, children made up 24.8% of the population of NSW (ABS, 2002a).
• There were 1,578,283 children aged 0 to 17 years living in NSW in 2001, of whom 51.3% were male and 48.7% were female (ABS, 2002a).
• There were 55,940 Indigenous children living in NSW in 2001, 3.5% of all children in NSW (ABS, 2002a).
Kids in NSW: a snapshot
• Thirteen percent of children in NSW live in rural areas (ABS, 1999).
• In 2001, 70.7% of school students attended government schools (ABS, 2001).
• In 2001, 99,614 children in NSW attended pre-school (ABS, 2002a). Australian Bureau of Statistics (1999). Children, Australia: A Social Report 1999. • In 2002, 94.6% of Year 5 students in NSW reached the minimum ABS: Canberra. acceptable standard for reading and 93.7% reached this standard for Australian Bureau of Statistics (2001). Schools, Australia. No. 4221.0. ABS: numeracy (DET, 2003). Canberra. Australian Bureau of Statistics (2002a). 2001 Census Basic Community Profile • In 2001, 79.3% of families in NSW with children under 15 years of age and Snapshot: New South Wales, were couple families and 20.7% were one-parent families (ABS, 2002a). Australia. No. 2001.0. ABS: Canberra. Australian Bureau of Statistics (2002b). Australian Social Trends 2002. No. • 17.7% of NSW children under 15 years lived in families where no parent 4102.0. ABS: Canberra. was employed (ABS, 2002b). Australian Bureau of Statistics (2002c). 2002 New South Wales Year Book. No. 1300.1 ABS: Canberra. • As at 30 June 2002, there were 9,273 children and young people in NSW NSW Child Death Review Team (2002). living in out-of-home care (NSW Department of Community Services, 2002). 2001-02 Report. NSW Commission for Children and Young People: Sydney. • In 1999, of male and of female NSW secondary school NSW Department of Community Services 88% 85% (2002). Annual Report 2001-02. NSW students reported that they had consumed alcohol at some time (NSW Department of Community Services: Sydney. Health, 2002a). NSW Department of Education and Training (2003). Data request from • In 2001, 91.9% of children aged 5 to 12 years in NSW reported having Department of Education and Training 2003. participated in sports and outdoor activities in the last 12 months (NSW NSW Department of Health (2002a). The Health, 2002b). health of the people of New South Wales – Report of the Chief Health Officer, 2000. NSW Department of Health: • There were 85,858 babies born in NSW in the year 2001 (NSW Health 2002c). Sydney. NSW Department of Health (2002b). New • A total of 616 children died in NSW between July 2001 and June 2002, South Wales Child Health Survey 2001. NSW Public Health Bulletin 2002; 13(S-4). with 69% of deaths resulting from natural causes, 8.3% from motor NSW Department of Health (2002c). transport accidents, 3.2% from drowning, and 2.4% from suicide (NSW NSW Mothers and Babies 2001. Public Health Division, NSW Health: Sydney. Child Death Review Team, 2002). 11
Our results - A summary Chp:02 12
Summary of the Commission’s activities and performance
Key Result Area 1 Key Result Area 2 Building participation Improving safety and welfare
So that children and young people’s So that the risks and disadvantages contributions are valued and that they experienced by children and young influence things that are important to people are identified and reduced. children and young people.
NSW Childhood Obesity Summit Inquiry into the best means of Key activities and performance Worked with the NSW Department of assisting children and young 2002-03 Health and the NSW Department of people with no-one to turn to Education and Training to support the 16 Published the Inquiry report in October children and young people who helped 2002 and presented the findings of the organise and participate in the Summit. Inquiry to 17 conferences, forums and meetings and submitted articles for Immigration detention centres publication in 19 journals and newsletters. Published a new booklet ‘Ask the Over 600 hits were received to the Children’ – Kids speak out about Inquiry web page. immigration detention experiences to tell 02:03the stories of young people in detention. Suicide and Risk-Taking Deaths of Children and Young People The children’s views also formed the basis Published research and tabled report in of the Commission’s submission to the Parliament on 23 January 2003 as Human Rights and Equal Opportunities planned and presented the findings to Commission’s Inquiry into Immigration five conferences, forums and meetings. Detention. Over 1,300 hits were received to the We advocated for an end to immigration research findings on the website. detention for children and for immediate improvements to their conditions. Working With Children Check Worked with Approved Screening Agencies to complete over 265,000 background checks.
Key future activities TAKING PARTicipation Seriously kit Fatal Assault and Neglect of 2003-04 Release two new modules that promote Children and Young People the participation of children and young Publish a report that looks at the deaths people in research and in their own of children resulting from assault and case-planning. neglect over a three year period.
Alcohol Summit Working With Children: Coordinate young people’s participation Volunteers and Students in the Summit, including a pre-Summit Develop tools to assist organisations Forum on Young People and Alcohol. which use volunteers to make their workplace safer for kids. 13
Key Result Area 3 Key Result Area 4 Key Result Area 5 Strengthening well-being Influencing on children and Being an accountable and young people’s issues effective organisation
So that children and young people enjoy So that we are used as a key source of So that we can fulfil our statutory strong and healthy relationships and get information and expertise on responsibilities and achieve the other four the supports they need to thrive. participation, safety, welfare and well- key result areas. being of children and young people.
‘Helping relationships work’ Policy advice Young People’s Reference Group Worked in partnership with Girlfriend Provided advice on 107 policy issues that Considered and commented on 27 magazine to give young people tips for children and young people say are Commission projects, including our dealing with difficulties in their important, including: strategic plan, proposed new legislation relationships with their family and friends. - an Australian Children’s Commission; and policies. The information reached 27,500 young - equal age of consent; people in metropolitan areas of NSW - child care standards; and more than 21,000 in country NSW. - transport safety issues; - childhood obesity; and Seminar series - alcohol abuse. Conducted four seminars covering: - childhood development and the effects Exchange of day care on young children; Published and distributed four issues of - how early development affects lifelong our newsletter Exchange to 9,687 well-being; stakeholders. - promoting early literacy, social and emotional development; and Website - how to increase children and young Increased website downloads by 148% Electronic Service Delivery people’s participation on boards and to 780,580 pages, well above the Implemented the Employee Self Service committees. Commission’s targeted increase of 10%. application.
Research forums Financial reporting Conducted two forums about child Expended 99% of budget allocation protection and domestic violence and during 2002-03 compared to 98.5% in fatal assaults of children and young 2001-02. people.
‘Kids’ stats’ Ongoing advice Review of Commission legislation Publish information about the population Provide advice to organisations about Commence the review of the of children in NSW on the Commission’s how they can work with and for children Commission for Children and Young website. and young people more effectively and People Act 1998 and the Child help children and young people to be Protection (Prohibited Employment) Act Early Years Strategy heard in these processes. 1998. Develop a National Policy Framework on the Early Years, in collaboration with the Strategic planning Queensland Commission for Children Develop a Strategic Plan for the next and Young People and the National three year cycle. Investment for the Early Years. 14
"I would like to see an end to youth living on the street." +James, 17 years 15
Building participation Chp:03 16
Building participation
:02:03Children and young people are a part of NSW. But they often don’t get a say in the decisions that affect them. By involving children and young people in the important issues in their lives it allows their views to be heard and considered in decision-making processes. Participation also gives kids the chance to get new skills and experiences they can use and take into their adult lives. That’s why in 2002-03 the Commission helped kids participate in the NSW Childhood Obesity Summit, provided a participation advisory service and started developing new guides for our TAKING PARTicipation Seriously kit. To help people make better decisions about policies, programs and services for children and young people, the Commission seeks their views on a range of issues. We can then put this information forward to decision-makers. In 2002-03 these issues included immigration detention centres, over-the-counter and prescription medications, seeking help, advocacy and primary school resources.
Our achievements
What we aimed to achieve Sixteen young people were selected to attend through our activities: the three-day Summit. The young delegates came from areas across NSW, including Kids’ views in nominated areas will Sydney, Wollongong, the Central Coast, be available to, and sought by, the Deniliquin, Griffith, Lismore and Tamworth. public and decision-makers. Young people helped organise the Summit and gave advice to organisers about how to Participation gives kids the Our activities and performance: chance to get new skills facilitate young people’s participation most and experiences they can effectively. The NSW Childhood Obesity Summit use and take into their The young delegates were involved in: adult lives The Commission worked with NSW Health • working groups; and the NSW Department of Education and • the opening and closing speeches of the Training to support children and young people Summit; who participated in the State Childhood • keynote speeches; Obesity Summit from 10-12 September 2002. • panel discussions; • plenary sessions and debates; and • media interviews. 17 +
"It’s great to have friends from all different backgrounds and cultures." Andrew, 17 years :friends 18
Feedback from both young people and adults The submission recommended that: who attended was that young people’s • children and young people should not be participation was a rewarding experience for held in detention centres; and everyone and beneficial to the outcomes of the Summit. • until such time as children and young people are no longer held in detention The Commission is using what it learned at centres, improvements in educational the Summit to organise the young people’s opportunities in the centres, time and participation strategy for the 2003 NSW access to play on adequate facilities, health Alcohol Summit. care, being acknowledged by name, adequate information about their refugee Children in immigration detention applications and post-centre preparation In 2002 the Commission spoke with 10 should be made. children and young people who had lived in ‘Ask the Children’ – making kids’ voices Australian immigration detention centres. heard The young people, aged from eight to18 The Commission has produced a number of years, spent an average of 140 days in resources within its ‘Ask the Children’ series detention during 2000-01. with the aim of helping make kids’ views These interviews were used as the basis for heard by the public and by decision-makers. the Commission’s submission to the Human The series is available on the Commission’s Rights and Equal Opportunity Commission website at Inquiry into Children in Immigration www.kids.nsw.gov.au/ourwork/ask.html. Detention.
The Commission’s submission presented the ‘Ask the Children’ – Kids speak out about children and young people’s experiences in immigration detention experiences the centres, including their limited opportu- This ‘Ask the Children’ booklet tells the nities for education, recreational and cultural stories of the children and young people who activities, access to medical assistance and the were interviewed as the basis for the supports available to them in their transition Commission’s submission to the Inquiry into from the detention centres to the Australian Children in Immigration Detention detailed community. above.
This booklet describes first-hand the children "For just one hour in the morning we come and young people’s experiences of coming to out of the room to see the sky and one hour Australia as refugees, living in immigration in the afternoon. And then the doors detention centres and their views on how closed, locked in." detention can be improved.
Unaccompanied teenage boy in immigration detention Their experiences are compared with Australia’s obligations to them under the United Nations Convention on the Rights of "Nobody told us one single word and we the Child. didn’t know if we were going to stay a month or years. We did not know what was going to The booklet is available both in hard-copy and happen to us." on the Commission’s website. More than 2,500 copies have been sent to a range of Teenage girl in immigration detention stakeholders including politicians, universities, special interest groups and youth sector organisations. Copies will be sent to all NSW high schools in early 2003-04. 19
Information about the booklet has been the NSW Parliamentary Inquiry into the included in 14 newsletters and use of prescription drugs and over-the- professional journals. Girlfriend magazine, counter medications in children and which has a readership of more than young people. The sheets were 48,500 young people in NSW, included an customised for general practitioners, article in September 2003 about teens in pharmacists, sports coaches and schools. immigration detention based on the More than 1,000 copies of these sheets Commission’s submission. were sent out in 2002-03. The The Commission met with Ms Tanya Commission also wrote articles promoting Plibersek MP and policy advisors to the the availability of this information. These Prime Minister, The Hon John Howard MP, articles were published in several medical and the Minister for Foreign Affairs and journals. Trade, The Hon Alexander Downer MP, to promote better treatment of child asylum seekers. The Commission is also having What we aimed to achieve ongoing discussions with the Department through our activities: of Immigration, Multicultural and Commission for Children and Indigenous Affairs. Young People will have more effective participation by children ‘Ask the Children’ – Children and young and young people in its people speak about getting help operations. The Commission produced this resource in 2001-02 to provide information about the Our activities & performance: ways kids seek help to professionals working with children and young people. Advice provided by the Young The resource outlines the kinds of People’s Reference Group ‘relationships’ with organisations and workers that kids want when they need The Young People’s Reference Group help. The resource supports findings in the provides the Commission, and other Commission’s Inquiry into the best means agencies, with advice and feedback of assisting children and young people regarding specific issues affecting children with no-one to turn to. and young people. During 2002-03 the resource was sent to almost 10,000 people as part of the "Our environment is continually changing and Commission’s Exchange mail-out. Another as a result so are the issues. Being involved 422 were sent to people on request and in Strategic Planning is helping involve me 500 copies were provided to Kids Help and other young people in creating a better Line, who assisted with the research. future."
‘Ask the Children’ – How do children Katy, 17 years use prescription and over-the-counter medications?
The Commission produced a series of During 2002-03 the Reference Group information sheets in 2001-02 to provided advice on 27 Commission encourage health providers and parents to projects, policies and new legislation involve children and young people in the proposed by government, including: management of their own health care. - Community, Parents and Police Forum – Violence in Schools; The information sheets were developed following the Commission’s submission to - proposal for an Australian Children’s Commission; 20
- solutions to drug abuse by children and Increasing participation through our young people; website - selection processes for NSW selective The Commission is constantly looking for schools; ways that kids can have their views heard. In - NSW youth policy and Youth Week; 2002-03 the Commission drafted a feasibility - solutions to childhood obesity; paper to investigate how young people could - changing the legislation to lower the age of have more input into our work through the consent for homosexual males; website. The paper considers issues such as internet access, user safety and the viability of - Cultural Planning Guidelines; creating an online chat forum. - Vinson Inquiry into Public Education in NSW; The Commission is undertaking more work to - notification required for pesticide use in the investigate this option in 2003-04. community; - solutions to alcohol abuse by children and young people in NSW; and What we aimed to achieve - Ministerial Inquiry into Public Passenger through our activities: Transport. Children and young people will better understand their rights and "The staff are so supportive and you can have the skills to advocate on their easily tell that children and young people own behalf. are at the heart of their work. They take us so seriously, they are willing to adapt." Our activities & performance: "I’ve seen Gill [the Commissioner] on the news sometimes talking about things we have discussed and magazines with their work and ‘Speak Up, Speak Out’ – advocacy our work in it." training for young people
Members of Young People's Reference Group The Commission has developed a training course called ‘Speak Up, Speak Out’. The course gives young people an opportunity to The Reference Group is currently helping the develop and practice advocacy skills. Commission develop its strategic plan for The Commission ran four ‘Speak Up, Speak 2004-07. Members are consulting children Out’ workshops in 2002-03 to the 2003 and young people about issues in their local Young People’s Reference Group, Student areas. This information will help the Representative Council members from the Commission focus more effectively on issues Lake Macquarie and Port Jackson areas and that matter to children and young people. young people from Moree.
The Commission is planning to make the Evaluating the Young People’s course more widely available in the future as Reference Group participation it has proved very successful and has been experience well received by young people. Each year the Commission asks the Young People’s Reference Group members to Curriculum about the United Nations evaluate their experiences, particularly Convention on the Rights of the Child whether they felt they had made a difference The Commission is developing primary school to the work of the Commission. teaching resources based on the United Members of the 2002 Young People’s Nations Convention on the Rights of the Reference Group were very positive about the Child. The aim of the resources is to assist and experiences and opportunities they had inform young people about their rights and throughout the year. responsibilities under the Convention and let 21
"I have learnt more about myself, my abilities and my surrounding peers. I can use the skills learnt in everyday activities." SRC+ member, Lake Macquarie District 22
them know about organisations that can help Kids in Research them, like the Commission. Kids in Research provides advice to people During 2002-03 the draft curriculum was doing research which involves children and piloted in 20 primary schools across NSW. A young people. formal evaluation of the curriculum will be The Commission is working on the guide with finalised in August 2003. This will help guide its the University of Western Sydney and has implementation in the NSW primary school sought input from the Young People’s Reference system. Group. The guide will be distributed to service providers and academics for feedback and will What we aimed to achieve be available on the Commission’s website in through our activities: 2003-04.
Schools, local councils and non- Kids in case-planning and decision-making government organisations will have resources to help them understand Kids in case-planning and decision-making the benefit to them of children and helps caseworkers involve children and young young people’s participation and people more effectively in their own case- have the skills to facilitate children planning. and young people’s participation. The Commission is working on the guide with young people, the Office of the Children’s Our activities & performance: Guardian, the Department of Community Services and the Create Foundation. It will be launched at the Australasian Conference on TAKING PARTicipation Seriously Child Abuse and Neglect in November 2003. TAKING PARTicipation Seriously is a kit that the Commission produced in 2001 to help Kids on Committees organisations involve kids in decision-making. Kids on Committees will help organisations The kit currently contains two parts. Sharing the involve kids in committees and boards. Stage is a guide for organisations about The Commission is working on the guide with creating an environment that helps kids the Non-profit Governance and Management participate and Conferences and Events: Centre and aims to have it finalised in 2004. children and young people’s participation is a guide about involving kids in conferences and Participation advisory service events. In 2002-03 the Commission provided advice In 2002-03 the Commission started work on and support to organisations about improving creating additional guides for the kit. kids’ participation. Participation Checklist TAKING PARTicipation Seriously in schools The Participation Checklist helps organisations – working with Student Representative assess how kids are involved in their decision- Councils making structure and identify opportunities to In 2002-03 the Commission worked with increase participation. Student Representative Councils in Deniliquin, The guide was piloted with the Lake Illawarra Lake Macquarie and Port Jackson Districts. Police Community Youth Club, Shoalhaven The Commission ran the ‘Speak Up, High School and Marist Youth Services in Speak Out’ advocacy training course with 2002-03. The pilot has provided useful students in Lake Macquarie and Port Jackson feedback which will be used to modify the District Student Representative Councils. Checklist so it is ready for release in 2003-04. 23
After the training, students and TAKING PARTicipation Seriously at Young people at the forum spoke about Department of Education and Training events their experiences of owning a mobile staff from Lake Macquarie District phone and some changes they would like The Commission works with conference established a district Advocacy Team to see in the industry. organisers to help them involve young made up of students from years 10, 11 In 2003-04, the Commission will continue people more effectively. and 12. The team coordinated an to follow up on the recommendations advocacy day for over 200 high school In 2002-03 the Commission involved from young people and will work with the and primary school students from the children and young people in the NSW industry body on: area. Childhood Obesity Summit and is part of • getting messages to young people about the Committee currently facilitating the lost and stolen mobiles and issues such TAKING PARTicipation Seriously in involvement of young people in the 2003 as purchasing mobiles and ethical schools – working with primary Australasian Conference on Child Abuse practices; schools and Neglect and the 2004 International • piloting a code of practice for fairer Conference on Child Abuse and Neglect. Planting more trees in the playground…. contracts; tidying up the public children’s park in The Commission has also presented • monitoring the rise in popularity of pre- town…. or getting more equipment for information about the TAKING paid deals; the school. These are just some of the PARTicipation Seriously kit at a number of • promoting the accessibility of billing project ideas that Year 5 students at conferences around NSW during 2002-03. Sarah Redfern Primary School in Minto information through the internet and came up with after doing 10 weeks of SMS messaging; advocacy training in 2002. What we aimed to achieve • developing a lesson plan on mobiles for schools; The Commission worked with teachers at through our activities: Sarah Redfern Primary School and Children and young people will • investigating the possibility of training community workers in Minto to develop become more involved in dealers in working with young people the training project for year five students. decision-making processes in the appropriately; and • researching the impact of mobiles on Extra leadership training was provided to private sector. young people’s lives. the students as part of Student Representative Council training in 2003. Our activities & performance: The students are currently deciding what sort of community project they will Better mobile phone conditions for undertake in 2003. young people
This initiative is part of a broader project During 2002-03 the Commission worked to encourage children aged 12 years and with the Australian Mobile under to participate more in local Telecommunications Association, the community development projects. Australian mobile telecommunications When asked about what they liked about peak body, to address the directions advocacy, one student who took part said agreed on at the Commission’s Young "It’s fun! You get to express your People and Mobile Phones Forum in feelings…You get more confidence." December 2001.
The feedback from the workers was also positive. As Principal Cheryle McBride said "I love working with the children, they "Young people have told us they like owning have such a mature approach to their a mobile but they also said some changes families, school and communities." need to be made in the telecommunications The school hopes to offer the training to industry, especially in the areas of contract more students during 2003-04. complexity, dealer conduct and access to independent information and advice."
Gillian Calvert, NSW Commissioner for Children and Young People 24
Recommendations made in 2002-03 and agency response:
Recommendations to the Human Rights Recommendations made to the NSW and Equal Opportunity Commission Inquiry Childhood Obesity Summit Organising into Children in Immigration Detention Committee
• Children and young people should not be • Young people be appointed to the held in detention centres; organising committee;
• Until such time as children and young • Participation and involvement of young people are no longer held in detention people in running the Summit; centres there should be improvements in • Establishing a subcommittee on educational opportunities in the centres, participation of young people; time and access to play on adequate facilities, health care, being acknowledged • Include an analysis from a child or young by name, adequate information about person on all working group templates; and refugee applications and post-centre • Young people to be involved in follow up preparation. work.
Agency response: Government response: • The Human Rights and Equal Opportunity • All recommendations were accepted by Commission has published the Organising Committee on the NSW Commission’s submission on its website. Childhood Obesity Summit. • It is anticipated that the Attorney-General will table the Human Rights and Equal Opportunity Commission’s report before the end of 2003. 25
Improving safety and welfare Chp:04 26
Improving safety and welfare
The Commission has been working with agencies and the community to identify and reduce the risks and disadvantages experienced by children and young people. :02:03During 2002-03 the Commission strengthened and improved the Working With Children Check. We also educated child-related workers and the general community about our work. In particular, we focused on the recommendations from our Inquiry into the best means of assisting children and young people with no-one to turn to and Child Death Review Team reports about what can be done to better protect kids from harm.
Our Achievements
What we aimed to achieve The Working With Children Check has two through our activities: parts: People who pose a risk to children 1. Prohibited Employment Declaration: every and young people will be identified person who works unsupervised with and assessed for suitability for children must sign a form to confirm that child-related employment. they have not been convicted of any crime that may prohibit them from working with Our activities and performance: children, such as a serious sex offence. 2. Background checking: background checks The Working With Children Check are done on paid workers, foster carers and ministers of religion. This checking process The Working With Children Check was looks at relevant completed disciplinary introduced through the Commission for proceedings, relevant Apprehended Children and Young People Act 1998. Violence Orders and national criminal The process of checking the background of records to check for sexual offences or child job applicants reduces the possibility of abuse. Background checks are conducted unsuitable people being employed in roles by six Approved Screening Agencies. which involve direct, unsupervised contact with kids. 27
:family "I love playing with people from my family." Boy, 8 years + 28
As shown in Table 1, during 2002-03 there was an increase in the number of checks conducted.
Table 1: background checks completed between 2000 and 2003.
2000-01 2001-02 2002-03
Number of checks completed 223,000 238,824 265,798
Number of people with a relevant record requiring assessment 112 (0.05%) 360 (0.15%) 411(0.15%)
Number of people rejected for employment 68 (0.03%) 101(0.04%) 92 (0.03%)
Chart 4: Distribution of Working With Children Checks conducted in 2002-03 by Approved Screening Agency:
Working With Children Checks Conducted Annually
6% 9% Commission for Children and Young People 9% Department of Education and Training 35% 27% Department of Sport and Recreation 3% Department of Health 20% 35% Department of Community Services 27% Catholic Commission for Employment Relations 6%
20% 3%
System improvements
In January 2003 the Commission improved the Working With Children Check information system to eliminate multiple checks of the same person when that person used more than one name. More than $500,000 has been saved between the six Approved Screening Agencies since these changes were made.
In 2002-03 the Commission also worked with the NSW Department of Commerce to incorporate information on the Working With Children Check into their Business Licensing Information System. Working With Children Check Audit
The Working With Children Check Audit Program monitors compliance with the procedures and standards of the Working With Children Check.
The Commission completed quarterly audits of risk assessment outcomes and their impact on employment decisions for the period 1 April 2002 to 31 March 2003. The audit findings are summarised in Table 2:
Table 2: Risk Employed Rejected on Rejected for Employment Total Assessment the basis of the reasons other decision to be Outcome risk assessment than the risk advised by assessment employer No Greater than Average 43 0 2 7 52 Low 55 2 5 9 71 Low-Medium 23 4 3 6 36 Medium 12 15 2 6 35 Medium-High 0 4 1 1 6 High 10 47 8 4 69 Total 143 72 21 33 269 29
The Commission also audited all The Working Group included • Prohibited Employment: The legislative Approved Screening Agencies and representatives of the Department of amendment now allows applications for commenced an employer audit. Education and Training, NSW exemption from the Child Protection Ombudsman, Catholic Commission for (Prohibited Employment) Act 1998 to Training and development for risk Employment Relations, NSW Teachers’ be made directly to the Commission for assessors Federation, Independent Education Children and Young People. This is in When background checking reveals that a Union, Association of Independent addition to the current provision for person has relevant records, a Schools and the NSW Labor Council, the prohibited persons to apply to either professional risk assessor is used to assess Federation of Parents and Citizens the Administrative Decisions Tribunal or the risk of employing that person. A Associations of NSW and the Catholic the Industrial Relations Commission. Council of School Parents. training and development needs analysis The Commission is only able to grant an was undertaken in May 2003 to identify The Working Group agreed on changes order where it forms the view that the the training needs of the risk assessors in to the Guidelines and developed a set of applicant does not pose a risk to the Approved Screening Agencies. The procedures specific to teaching in primary safety of children. Where the information will form the basis of a and secondary schools. These changes Commission considers that an applicant professional development plan. have been incorporated into new draft may pose a risk to children no order will Guidelines. be granted. The applicant still retains Key judicial decisions the right to seek an exemption from the The Commission successfully appealed Legislative change Administrative Decisions Tribunal or one decision of the Industrial Relations The Child Protection Legislation Industrial Relations Commission. Commission which ruled that the Child Amendment Act 2002 amends the Child The legislative amendment also varied Protection (Prohibited Employment) Act Protection (Prohibited Employment) Act the Child Protection (Prohibited 1998 did not apply to an applicant whose 1998 and the Commission for Children Employment) Act 1998 to clarify that ‘serious sex offence’ was committed and Young People Act 1998 to s.579 of the Crimes Act 1900 does not against an adult. The Full Bench of the strengthen child protection provisions and apply in prohibited person matters. The Industrial Relations Commission upheld address anomalies and inconsistencies amendment means that people who the Commission’s argument that the age between the legislation. The Act had previously been declared not to be of the victim is not relevant under the introduced a number of changes: prohibited persons because of s.579 Act. • Apprehended Violence Orders: The were once again prohibited from working with children. The Working With Children Check risk Commission for Children and Young assessment model People Act 1998 now allows the • Other changes: The definition of Commissioner of Police to provide "relevant criminal record" in the The Commission commenced an information to the Commission for Commission for Children and Young evaluation of the standard risk assessment Children and Young People concerning People Act 1998 is now extended to model that is used in the Working With relevant Apprehended Violence Orders. include relevant spent convictions. Such Children Check. Phase one of the This means that the Working With convictions on a person's criminal evaluation was conducted in 2002-03 with Children Check now includes record are relevant for background the assistance of the US-based Children’s background checks for relevant checks and risk assessment purposes. Research Center (an independent research Apprehended Violence Orders and The Child Protection (Offenders centre with expertise in the area). Phase provides more information to help Registration) Act 2000 is extended to one will shape the form and process of a determine the suitability of a person to include relevant spent convictions. fuller evaluation, which will commence in work with children. Relevant The legislative amendment to the Child 2003-04. Apprehended Violence Orders are those Protection (Prohibited Employment) Act taken out by a police officer to protect Review of the Working With Children 1998, the Child Protection (Offenders a child. Check Guidelines Registration) Act 2000, the Commission With the introduction of relevant for Children and Young People Act The Guidelines were reviewed in 2002. Apprehended Violence Orders into the 1998, and the Summary Offences Act Early in 2003 the Premier asked the Working With Children Check in 1988 has extended the definition of a Commissioner to establish a high level February 2003, all aspects of the Check relevant criminal record to include working group to consider additional have now been fully implemented. offences of intent, incitement or issues raised by the education sector. 30
conspiracy to commit a relevant offence. Prohibited Employment Offences involving intent, incitement or The Child Protection (Prohibited Employment) conspiracy to commit a relevant offence are Act 1998 makes it an offence for a person now considered for the purposes of convicted of a serious sex offence or offence prohibited employment and background under the Child Protection (Offenders checks. Registration) Act 2000 to apply for, The legislative amendment to the undertake or remain in child-related Commission for Children and Young People employment. A prohibited person can apply Act 1998 also provides certainty for for an exemption (see table 3). employers about when their obligations As a result of the Child Protection Legislative with regard to the Working With Children Amendment Act 2002 the Commission Check are fulfilled. received 25 exemption applications between This means that when employers receive the 10 February and 30 June 2003. Fourteen background check result, they have applications were received by the Industrial complied with the Working With Children Relations Commission and Administrative Check. However, employers still have an Decisions Tribunal in the same period. obligation to do other relevant probity The Commission’s consideration of these checks of their own (as specified in Part 7 matters has led to estimated Government s.34(b) of the Commission for Children and savings of over $28,000 in legal Young People Act 1998). representation for the Commission and reduced the involvement of the Administrative Decisions Tribunal and Industrial Relations Commission.
Table 3: Outcome of applications for exemption in 2002-03.
Industrial Relations Administrative Commission for Total Commission Decisions Tribunal Children & Young People
New applications 7 47 25 79 Applications withdrawn by the applicant 3 11 0 14 Applications dismissed because of jurisdictional issues 2 12 0 14 Interim orders granted 2 12 9 23 Appeals by the Commission against decisions 1 0 0 1 Exemption Orders Granted 6 29 15 50 Exemption orders granted that were subject to conditions 0 5 0 5 Exemption applications declined 0 7 2 9 Applications pending at 30 June 2003 1 10 8 19 31
This year there was an increase of 16% in How do applications for Prohibited applications which was directly related to Employment exemption work? the anomaly between the Child Protection (Prohibited Employment) Act 1998 and s579 Crimes Act 1900.
Of the 64 applications finalised in 2002- Case Study 1 Case Study 2 03, 53 were not opposed by the Applicant X applied for child-related Commission and nine were declined Applicant Y was convicted of carnal employment as a teacher. X was consistent with the Commission’s knowledge 30 years ago. Y’s criminal prohibited from applying for child-related position. In two cases the Administrative record did not identify any other charges employment because of a conviction for a Decisions Tribunal granted orders despite or convictions. At the time of the offence serious sex offence that occurred five the Commission’s opposition. Y was aged 16 years and the victim was years ago. X’s offence was against an aged 15 years. Enquiries made to the adult and occurred in his employment. Department of Community Services, Child In addition to his sexual offence, X had Protection Squad, other government and been subject to investigation about other non-government agencies did not reveal allegations of sexual misconduct, but the any information that would indicate Y victim did not proceed with charges in posed a risk to the safety of children. Caserelation to this matter.Study This alleged Enquiries into Y’s employment history offence also occurred in X’s employment. revealed that Y had been subject to a Other enquiries identified that X’s current number of disciplinary procedures. Once and previous employers had received the relevant records were obtained it was complaints that X had either acted apparent that none of the disciplinary inappropriately by making sexual matters involved children or young suggestions, behaving aggressively or for people, acts of violence or acts of a acts of violence. sexual nature.
X agreed to be assessed by a psychiatrist The Commission did not oppose Y’s for the purposes of determining whether application. The Tribunal granted Y a he posed a risk to the safety of children. declaration that his offence was to be The psychiatrist found that X posed a risk disregarded in determining whether he to the safety of children and was a prohibited person or not. Y is recommended that he not be employed eligible to be considered for child-related to work unsupervised with children. employment.
The Tribunal accepted the Commission’s submissions opposing the application refusing to grant X an order. X is not entitled to apply for or work in child- related employment and cannot apply for a declaration order for another five years. 32
Working With Children: Volunteers What we aimed to achieve and Students through our activities: The Commission is working with Targeted stakeholders will be organisations that rely on volunteers or take informed about changes to the students on placement to help make their Crimes Amendment (Physical workplace safer and friendlier for children and Mistreatment) Act 2002. young people. The Working With Children: Volunteers and Our activities and performance: Students program involves:
• assisting organisations find ways to make ‘Remember – there’s a limit’ their workplace safer and friendlier for kids; The Commission conducted community and education activities under the title Remember • a two-year pilot of random background – there’s a limit to raise awareness among checking for up to 20,000 new volunteers parents and professionals about new laws on and students on placement in ‘high risk’ the physical punishment of children. This activities. involved:
The program recognises that whilst • the production of 20,000 posters and background checks are one way to make 450,000 brochures in English, to alert and workplaces safer, it is also important that explain the new law to parents and direct organisations take a number of steps to help them to information about positive reduce the risk of child abuse. parenting; • translating the English brochures and posters into Arabic, Chinese, Vietnamese, Turkish, Croatian, Serbian, Spanish and “It's about the enjoyment of what we Korean; have in the present, not worrying about what might happen in the • distributing the resources to more than future.” 21,000 agencies in contact with parents;
Jade, 17 years • an information page on the NSW Centre for Parenting and Research website;
• an agreement with the telephone advisory Random background checks on volunteers in service, Parent Line, to take calls from the program commenced in April 2003. parents who may want more advice about Research to find out what volunteer raising children; organisations need to make their organisation • offers of assistance with training, child-friendly and child-focused has information and resources to government commenced and will be used to develop tools agencies with staff affected by the to be piloted with participating organisations. legislative change; and An evaluation will be conducted at the • sending information about the new laws to completion of this pilot so the Commission 100 specialist publications. can make recommendations to the government on future directions.
A reference group made up of 16 representatives with backgrounds in volunteering and children’s activities is assisting the Commission. 33
The Commission worked with six • Ms Losena Ma’ake, Program Manager, had told us that one of the best ways to culturally and linguistically diverse Ethnic Childcare Development Unit improve their lives is to support the communities to help disseminate relationships that nurture them and • Ms Anh Do, Child Protection Worker, information about the legislation. We provide help or information when they Centacare developed partnerships with the following have problems. organisations: • Ms Thao Do, Health Educator, The key findings of the Inquiry were Leichhardt Women's Health Centre • Aboriginal Education Consultative about: helping kids and families so that Group Their strong relationships within their own problems don’t develop in the first place, cultural community and their willingness by giving parents more help when kids • Australian Arabic Communities Council to distribute resources that explain the are young; getting helping organisations • Chinese Australian Social Services changes to the law, helped to achieve a to work together more, so that it is easier good level of community awareness and, • Ethnic Childcare Development Unit for children to get help when they need more importantly, an understanding of it; making child care easier to afford, • Inner West Aboriginal Community the new law. better staffed and better equipped; and Company The advocates who conveyed information helping teachers and school counsellors to • Open Family about the legislation were able to provide spend more time with students to help them with problems by making them • Samoan Advisory Council parents and carers with constructive messages about positive parenting and be understand what’s important to kids. • Turkish Welfare spokespeople in their first language The Inquiry found that children and • Wirringa Baiya Women’s Legal Centre where required. young people want to get help through their everyday sport, entertainment, art or • Vietnamese Women’s Association study activities and not have to go to a From discussions with these organisations, What we aimed to achieve helping organisation they don’t know. the Commission invited advocates from through our activities: The Inquiry also recommended that each community to participate in Targeted stakeholders will have Governments spend more money on awareness raising activities. information and tools/strategies recreation for kids, and provide transport The advocates included: to help them reduce the risk and to and from events. • Mr Lester Bostock, Elder, Inner West disadvantage experienced by The Commission presented the Inquiry Aboriginal Community Company Ltd vulnerable kids. findings and recommendations to 17 conferences, forums and meetings and • Dr Jamal Rifi, Commissioner, articles appeared in 19 publications. Community Relations Commission for a Our activities and performance: Multicultural NSW The full version and the kids’ version of A report and recommendations the report were mailed out to 378 key • Ms Hend Saab, Psychologist, St George about kids with no-one to turn to stakeholders in October 2002. Another Mental Health 130 copies of the full version and 1,760 In 2002-03 the Commission worked with • Mrs Wafa Zaim, Muslim Women's copies of the kids’ version were sent out the community and key stakeholders to Association on request. The Commission’s online provide information, tools and strategies version of the report has been accessed • Mr Robert Ho, Councillor, Sydney City to help reduce the risk and disadvantage more than 600 times since it was made Council experienced by vulnerable kids. available on our website. • Ms Bee Koh, General Manager, Chinese In October 2002 the Commission’s first Australian Social Services Inquiry, the Inquiry into the best means of assisting children and young people with Child protection learning and • Mr Riza Yaman, Coordinator, Turkish development plan Welfare Association no-one to turn to, was tabled as a report in NSW Parliament and then released The Commission participated in the Child • Imam Yusuf Yurt, Auburn, Erskineville & widely in the community. Protection Learning and Development Redfern Mosques Forum to develop a state wide learning The Inquiry focused on the help-seeking and development plan and advise the • Ms Ruth Tonomaipea, Community behaviour of children and young people Child Protection Learning and Welfare Worker, Samoan Advisory and ways to improve their safety and Development Coordination Unit located in Council well-being. Children and young people 34
the Department of Community Services. The What we aimed to achieve aim is to develop an accreditation system for through our activities: NSW child protection curriculum, enhance the quality and consistency of child protection Knowledge will be available to training and generate an interagency inform policy and practice relating approach to the delivery of child protection to children and young people’s training. safety and welfare.
The Commission funds the Unit jointly with other agencies and supports its work through Our activities and performance: contributing resources, advice and participating in workshops. Specialised research on causes of death Child protection training strategy for Suicide and Risk-Taking Deaths of Children Indigenous communities and Young People
The Commission jointly led with the The NSW Government asked the Child Death Education Centre Against Violence a working Review Team to conduct research into the party that piloted a training strategy to build suicide deaths of children and young people. the capacity of Indigenous communities to This research examined the deaths of 187 protect children. children and young people aged 12 to 17 years who died from suicide and risk-taking in The training strategy brings Aboriginal the period January 1996 to December 2000 community members and specific service in NSW. providers together to encourage partnerships, develop local mentoring systems and foster The Suicide and Risk-Taking Deaths of more flexible approaches to child protection Children and Young People report was tabled issues. The strategy was piloted within the Taree on 23 January 2003. The research was a community with a total of 45 participants. collaboration between the Child Death Review Team, Commission for Children and Overall the feedback from the community has Young People and the Centre for Mental been positive with requests for more training. Health. The report aims to increase understanding of, and reduce, suicide and Most vulnerable kids project risk-taking deaths of children and young The Commission has been working with the people. NSW Department of Juvenile Justice and other The report provides new information about state government agencies to develop new this population of children and young people, ways for government agencies to meet the developing a social and demographic profile needs of young people who have multiple of the deaths, categorising the deaths, problems. These young people may have evaluating human service agency provision committed or been the victim of crime; be and outlining key implications for government homeless; use drugs or alcohol at harmful and the community. levels; and have few supportive relationships. The Commission presented the findings to The complex nature of these issues and the five conferences, forums and meetings and number of organisations which can be involved distributed 1,790 copies of the report. There can mean that very vulnerable young people were another 1,334 hits through the may not be provided with appropriate services. Commission’s website and extensive media This project has developed a ‘process model’ to coverage and research findings will continue help agencies overcome barriers and better to be presented to a wide range of audiences. meet the needs of these young people. This work has been considered by the Human Services Chief Executive Officers’ Group. 35
Sudden unexpected deaths in infancy In 2002-03 information was provided to Achievements in 2002-03 included a staff from the Ombudsman’s office on the commitment to undertake exploratory The NSW Government funded a research procedures and tools used by the Child research examining the physical state of project to improve the systematic Death Review Team in its review of these toilets and the issues they present to information available about infants who deaths. Areas of overlap between the children, parents and school staff, the die suddenly and unexpectedly in NSW. operations of both agencies were also project design, and establishing a multi- The project will increase our knowledge identified for resolution. disciplinary research team. of unsafe sleeping environments and known risk factors and improve the scope The Report of the Review of the and quality of the information available in Legislation Governing the NSW Child What we aimed to achieve these types of deaths in NSW. A final Death Review Team recommended a through our activities: report will be tabled in late 2004. number of amendments to the Children (Care and Protection) Act 1987 and the Accredited counsellors for child Fatal assault and neglect of children Commission for Children and Young sex offenders will be recognised and young people People Act 1998 to strengthen the Child by targeted stakeholders. Death Review Team’s role. The changes The Child Death Review Team is required provided the Team with a broader and to identify the deaths of children that are Our activities and performance: more flexible research focus to allow it to due to abuse or neglect or that occur in look at deaths from all causes. suspicious circumstances and conduct The Child Sex Offender Counsellor in-depth reviews. Accreditation Scheme Maintaining the Child Death This research continues the examination The Child Sex Offender Counsellor Register of fatal assault that began with the Fatal Accreditation Scheme was set up in 2001 Assault of Children and Young People Under the Children (Care and Protection) to accredit counsellors to work with report, which was published in June Act 1987, the Child Death Review Team is people who sexually offend against 2002. A final report which will make to maintain a register of all child deaths children. It is the only scheme of its kind recommendations for the prevention of occurring in NSW after 1 January 1996. in Australia. The Commission administers further deaths in this area will be tabled Deaths are classified according to cause, the scheme with the support of a panel in October 2003. demographic criteria and other factors. of five independent experts. The Team uses this information to Twenty-five counsellors were accredited in monitor child deaths in NSW and to The Child Death Review Team 2002-03 and 11 counsellors previously report annually or in special reports. Annual Report accredited renewed their accreditation. Accredited counsellors are promoted on The Child Death Review Team Annual the Commission’s website to help people Report identifies patterns and trends in Coordinating research into children seeking the services of recognised child deaths and makes recommendations and young people experiences of counsellors. Organisations that employ to agencies responsible for children and ‘toileting’ and the NSW schools’ counsellors to work with relevant young people’s safety and welfare. The toilet environment offenders are working towards having the Annual Report 2001-02 was tabled on 30 The Commission with the Faculty of the accreditation recognised as an essential October 2002 within the legislative Built Environment at the University of requirement for these positions. These timeframe. New South Wales, the School of organisations include the Department of Education and Early Childhood Studies at Legislative change Corrective Services, Department of Health the University of Western Sydney and the and Department of Juvenile Justice. The Community Services (Complaints, Department of Education and Training Two professional development workshops Appeals and Monitoring) Amendment commenced research into the issues were held in December 2002 for Regulation 2002 transferred the posed by toilets and toileting in NSW counsellors which focused on the generic responsibility for the review of deaths schools. resulting from child abuse and neglect or skills required by supervisors and by occurring in circumstances suspicious of psychologists working with people who child abuse to the NSW Ombudsman on sexually abuse children. Feedback from 1 January 2003. the workshop indicated that participants were highly satisfied with the training. 36
Recommendations made in 2002-03 and agency response:
Recommendations made on the review of Recommendations from the Inquiry into the Child Death Review Team legislation children and young people with no-one to turn to • Giving the Team a broader and more flexible research focus to allow it to look at • Helping parents so their children have deaths from all causes, as well as child someone to turn to; abuse or neglect; • Relationships are the most important thing • Changing the composition of the Team to to children and young people and the most reflect the Team's broader research focus; important relationships for their safety, welfare and well-being are their parents, • Requiring the non-government sector to family and friends; provide their records to help build a more complete picture of why children die; • Strengthening child care and schools so children have other people to turn to; and • Seeing that the Team is more accountable in explaining why it is pursuing a particular • Helping services help children and young research agenda; people if parents or schools aren’t enough and building communities that kids can • Keeping the general rule that confidential turn to information about children and their families should be strictly protected, except for clearly stated reasons, for example .Agency response reporting criminal matters and conducting • An assessment of agency responses will joint research; and commence in October 2003. • Moving the existing legislative provisions to the Commission's Act. Recommendations on the Most Vulnerable Kids Project NSW Government response • The development of a ‘process model’ to • The Committee on Children and Young help agencies work independently and People supported the recommendations; together better meet the needs of young and people. • The Commission for Children and Young People Amendment (Child Death Review Agency response Team) Act 2003 which incorporated these recommendations, was assented to on 8 • The ‘process model’ is now being developed July 2003. by the Commission. 37
Strengthening well-being Chp:05 38
Strengthening well-being
Kids have told the Commission that strong and supportive relationships with family, friends, school and child-care are the key to strengthening their well-being. If the :02:03important relationships in kids’ lives are weak then kids are more likely to be vulnerable to harm. To help strengthen the relationships most important to kids, the Commission continued to make information available to young people, monitor children’s well-being and develop a national policy framework on the early years in 2002-03. The Commission also continued to conduct research and professional development seminars for child-related workers.
Our Achievements
What we aimed to achieve The articles appeared in four issues of the through our activities: magazine from September 2002, reaching more than 27,500 young people in Children and young people will be metropolitan areas of NSW and more than better able to develop relationship 21,000 young people in country NSW. skills. A survey was also included in the September Our activities and performance: 2002 issue of Girlfriend, asking kids to have their say about relationships with family and friends. The results, reported in the December ‘Helping relationships work’ – 2002 issue, found that kids want parents to: information for young people • be proud of the things they do; The Commission continued to work on making information available to help young • give them enough responsibility to decide people with the important relationships in things for themselves; and their lives. In partnership with Girlfriend • give them lots of help when something is magazine, the Commission wrote articles and worrying them. case studies to give young people tips for dealing with difficulties in their relationships with their family and friends. 39
:support+
"When you’re young, one of the most important things you can need is supportive friends." Jessica, 15 years 40
What we aimed to achieve The Commission also participates in the through our activities: Families First Communication Group which consists of key human service agencies and Key decision makers will be aware aims to better meet the information needs of of the importance of children’s early professionals and parents of children aged years. 0-8 years.
During 2002-03 the Commission also Our activities and performance: provided policy advice to the Aboriginal Child, Youth and Family Strategy. The strategy aims National policy approach to the early to provide a better start in life for Aboriginal years children and young people by channelling additional funds and help to Aboriginal The Commission is developing a National families through government initiatives like Policy Framework on the Early Years in Families First and Better Futures. The Strategy collaboration with the Queensland is supported by all state government human Commission for Children and Young People services agencies and organisations in the and the National Investment for the Early non-government sector. Years.
The framework includes a simple set of desirable outcomes for children, indicators to What we aimed to achieve measure progress towards these outcomes through our activities: and suggestions about how these outcomes Targeted employers and regulators could be achieved. will be made aware of the importance of child centred and family friendly work practices. “Being young is about discovery and learning.” Our activities and performance: Shawn, 17 years
The framework will be completed early in Research into children and young 2003-04. The three partners, and hopefully people’s experience of work other agencies, will use the framework to The Commission is conducting research into promote the importance of investing in the the experiences of children and young people early years of children’s lives to governments, in work, an area in which little is currently business, unions, service providers, the media, known. The study will look at the professions and educators. experiences, extent and nature of children’s The Commission will also use the framework participation in paid and unpaid work and in its policy advice about early childhood the impact of these experiences on children’s matters and as a basis for monitoring policies, well-being. programs and legislation. The Commission is undertaking this research in consultation with the Department of Promoting the Early Years Education and Training and the Department of Community Services. The Commissioner chairs the Families First Statewide Group, a committee of Twenty-seven schools were randomly selected government and non-government service throughout NSW to take part in the study providers, planners and program managers. and approximately 10,000 year 7-10 students The group provides advice about the completed the final questionnaire. Data directions and policy for Families First, the analysis will occur during the remainder of state government’s key strategy to support 2003. parents and children during the early years. 41
Information on the importance of Professional development seminar What we aimed to achieve child centred and family friendly series through our activities: work practices The Commission’s professional Commission for Children and One of the recommendations of the development seminar series aims to Young People will have an Commission’s Inquiry into the best means generate new knowledge about children agreed understanding of well- of assisting children and young people and young people among workers in being and set of well-being with no-one to turn to is that child-related sectors. factors that it will monitor and governments and business should In 2002-03 the Commission ran four report on. continue to develop work arrangements seminars which were attended by that better support parents to achieve a approximately 230 people: Our activities and performance: balance between their child caring and work commitments. Due to the active • Dr Ronald Lally, Co-director of the involvement of other agencies and unions Wested Centre for Child and Family Research into children’s in developing family friendly work studies in California, USA. The seminar understanding of well-being explored recent research on child care, practices, the Commission allocated this The Commission is collaborating with the how to provide quality child care and area of work a lower priority in 2002-03. University of Western Sydney to conduct the implications for policy. research into children and young people’s understanding of ‘well-being’. What we aimed to achieve • Ms Rosie Roberts, Former Director of PEEP – Peers Early Education Program, through our activities: One of the aims of this project is to Oxford UK. The seminar looked at the develop a set of indicators that are value of early education and practical Targeted professionals will be meaningful to children and young people strategies on implementing early skilled in facilitating children and that can be used to monitor their well- education programs young people’s well-being. being. Fieldwork commenced in June • Dr Clyde Hertzman, public health 2003 and will continue until early 2004. Our activities and performance: physician from the Department of Health Care and Epidemiology in ‘Kids’ stats’ – an online resource for Research forums Vancouver, Canada. The seminar looked measuring kids’ well-being at how to increase our understanding of The Commission runs research forums to the early roots of children's later The Commission is developing an online bring together people from diverse behavioural problems, approaches to resource called ‘Kids’ stats’ that has disciplinary areas who conduct research measuring early child development at information about the population of with children and young people. The the population level and communicating children in NSW. ‘Kids’ stats’ brings forums provide an opportunity to present this information to the public. together data collected by other agencies original research and promote discussion. on a range of issues that impact upon • Ms Maura Wolf, member of the Youth The Commission conducted two research children and young people, such as on Boards organisation, USA. The forums in 2002-03: family, education, health and child care. seminar looked at increasing children ‘Kids’ stats’ will be available on the and young people’s participation in • Associate Professor Jude Irwin and Dr Commission’s website in 2003. Fran Waugh presented their research on organisations and particularly on boards child protection and domestic violence. and committees.
• Dr Ruth Lawrence and Mr Toby Fattore Some of the keynote speakers conducted presented the findings of a study media interviews which resulted in further undertaken for the NSW Child Death dissemination of their knowledge and Review Team that examined all fatal expertise of children and young people’s assaults of children and young people in issues. NSW from January 1996 to July 1999. 42
Recommendations the Commission made in 2002-03 and agency response:
Recommendations on child centred Recommendations made on age Recommendations made on teaching and family friendly work-practices discrimination to the Commonwealth standards to the Parliamentary from the Inquiry into children and Attorney General Committee for the review of Teaching young people with no-one to turn to and Teacher Education • That age discrimination be prohibited • Helping parents so their children have on the basis of age in relation to access • There is a need to rethink the way someone to turn to; and to premises, places and transport, schools work, to recognise that the among other areas of public life; development of children is the key role • Relationships are the most important of schools and to help schools develop thing to children and young people and • The Commission’s view is that the ways for students, teachers, parents and the most important relationships for definition of employment should other members of school communities their safety, welfare and well-being are include any form of unpaid work and to work together productively; their parents, family and friends. cover private as well as public full-time employment; • Children and young people should be given every opportunity to participate in Agency response: • The areas of law suggested to be decision-making; exempt from the proposed legislation • An assessment of agency responses to may diminish the credibility of the • Have a school management structure the recommendations of the Inquiry will Commonwealth as a good ‘role model’. that is receptive to the ideas and commence in October 2003. The areas of law suggested for suggestions put forward by the student exemption include Youth Wages, Job body to help foster a culture of Recommendations made on equal age Training and Younger Workers, Award innovation within the school of consent to NSW Legislative Council's and Workplace Agreements, Insurance, community; and Access to Health and Medical Goods Standing Committee on Social Issues • Teacher education should aim to select and Services, Migration, Citizenship and teachers that have the skills and • The lowering of the age of consent for Multicultural Affairs, Social Security temperament to engage and form homosexual male activity to the same legislation, Family and Community strong relationships with children and age which applies to heterosexual and Services and related programs and young people. lesbian sexual activity, as proposed in Defence Legislation; the Crimes Amendment (Sexual • Medicare card and concession cards for Offences) Bill 2002. Agency response: national transport services fall inside the immediate scope of the proposed • The Committee for the Review of Standing Committee response: legislation; Teaching and Teacher Education acknowledged the Commission’s • The Legislative Council Standing • Harassment should be included in the response and our recommendations are Committee on Social Issues Report proposed legislation; and reflected our submission; and being referred to the Interim Committee • Given the responsibility of Human on Teaching Studies. • The Crimes Amendment (Sexual Rights and Equal Opportunity Offences) Act 2003 was assented to on Commission in other areas of 5 June 2003, lowering the age of discrimination, it is recommended that it consent for homosexual male activity to is the body that promotes and the same age to which applies to administers the age discrimination heterosexual and lesbian sexual activity. legislation.
Agency response:
• No response as yet from the Commonwealth Attorney General’s Department. 43
Influencing on children and young people’s issues Chp:06 44
Influencing on children and young people’s issues
The Commission has been increasing awareness and understanding of our role, our :02:03work and our views about issues that affect the lives of children and young people. During 2002-03, the Commission has continued to raise awareness through our publications, website, print and electronic communication and professional networks. We use these channels to provide comments, expertise and advice on key legislation, policy, services and practice related to children and young people at both a state and national level.
Our Achievements
What we aimed to achieve for children and young people. In 2002-03, through our activities: 9,687 copies of Exchange were circulated to Our partners and stakeholders will our stakeholders each quarter. have a clearer understanding of the As illustrated by Table 4, the number of Commission’s role, priorities and subscribers to the electronic version of views. Exchange has increased.
Table 4: Exchange subscribers Our activities and performance: Subscribers 2001-02 2002-03 Exchange – electronic 600 1,438 Maintaining our publication and communication services Exchange – our quarterly newsletter Feedback – our annual report to kids in NSW During 2002-03 we produced four issues of Exchange, our newsletter to stakeholders. Each year the Commission produces a special Exchange keeps stakeholders up-to-date with annual report for young people called the latest developments at the Commission Feedback. Feedback is written in concise, and highlights emerging issues accessible language and is bright and 45 +
"It’s great when you have close relationships with older people." Sam, 15 years :relationships 46
colourful with lots of pictures. Children and Web page for students young people helped produce Feedback 2002 In 2002-03 the Commission developed a page by taking the photographs and providing on its website for students or others comments used in the report. interested in children's issues. The student In 2002-03 the Commission distributed web page, located at: www.kids.nsw.gov.au/ 13,600 copies of Feedback 2002 to kids and publications/studentresources.html, helps to organisations that work with kids. This guide users to a range of sites that have compared with 9,784 copies in 2001-02. information about:
For the first time, the Commission also sent • child protection; out survey postcards with Feedback to find • child care; out what kids thought of the publication and • parenting; of the Commission’s work more generally. • children in care; More than 75 surveys were returned from • children's rights; kids all around NSW, providing valuable feedback that will be used to shape Feedback • participation; and 2003. • the Working With Children Check.
The Commission’s website – This web resource is a popular part of the site, www.kids.nsw.gov.au with 4,305 pages downloaded in 2002-03.
Use of the Commission’s website grew significantly in 2002-03, with a total of What we aimed to achieve 780,580 pages downloaded. This was an through our activities: increase of 148% on the 314,150 pages The Commission’s comments and downloaded in 2001-02, well above the advice will be sought on key Commission’s targeted increase of 10%. This legislative, policy, service and practice indicates that the Commission’s website changes regarding participation, continues to attract new users and that safety, welfare and well-being. existing users return regularly.
Web pages downloaded Our activities and performance:
120,000
100,000 Advice to others One way that the Commission changes 80,000 attitudes and practices is by working with and
60,000 advising others about improving children’s Number
40,000 participation, safety and well-being. The issues that the Commission provides advice on 10,000 are guided by what children and young people say is important. In 2002-03 the Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Month Commission provided advice on 107 policy
Pages visited 2001-2002 issues, reviewed 11 pieces of legislation and made 12 submissions on matters important to "Latest News" – the Commission’s email kids. newsletter At a national level the Commission made a More than 2,000 people have registered submission to the Human Rights and Equal through the Commission’s website to receive Opportunity Commission’s Inquiry into email updates about the Commission’s Children in Detention, advocating for an end activities. Thirteen "Latest News" emails were to the detention of children and immediate sent in 2002-03. improvements to conditions in the centres. 47
In NSW, the Commission advised • Crimes Amendment (School Protection) • Reviewable deaths and the role of the Parliament of its views on a diverse range Act 2002; Ombudsman’s office; of issues affecting children and young • Crimes Amendment (Sexual Offences) • Early Intervention in Mental Health people in 2002-03. These issues included: Act 2003; Issues; • an equal age of consent for sexual • Children and Young Persons (Care and • Forensic testing of child victims; activity; Protection) Act 1998; • Rights of child plaintiffs in personal • child protection services; • Crimes (Forensic Procedures) injury cases; • education of children and young people Amendment Act 2002; • Service provision for highly vulnerable in care; • Property (Relationships) Act 1984; young people; and • services for kids with learning • Ombudsman Act 1974; and • School toilets. difficulties; • Administrative Decisions Tribunal Act • court processes when children and 1997. Well-being young people are giving evidence; and • Aboriginal Justice Plan; • early intervention to address learning • Teaching standards; difficulties. Recommendations were made to the following Commonwealth Bills and • National Commission for Children and The Commission’s advocacy helped Acts: Young People; change the law in some areas, such as • Environmental Education; • Social Security Act 1991; equalising the age of consent. • Secure care and the role of the Office of • Human Rights and Equal Opportunity The Commission continued to share its the Children’s Guardian; Commission Act 1986; expertise on child-friendly policies, • School suspensions and exclusions; • ASIO Legislation Amendment (Terrorism) services and practices across the • Harm minimisation and gambling; government and non-government sectors. Bill 2002; • Administering of medication to children During 2002-03 the Commission advised • National Commission for Children and and young people; on: Young People Bill 2002; and • Children and young people’s use of • proposed age discrimination legislation; • Australian Human Rights Commission Legislation Bill 2003. mobile phones; • child care standards; • Privacy provisions for children and • transport safety issues; and young people; Recommendations were made for • Education for children and young • the education system and how schools changes to practices and policies people in out of home care; and should be safe learning environments. about: • Genetic information and gene patenting The Commission also worked with the Participation inquiries. private sector on ways that they can take • Youth Week; better account of children and young The government or agency responses to people as consumers. The Commission • NSW Youth Policy; some of the key recommendations made continued its work with the • Road safety; by the Commission are detailed at the end of chapters 3, 4 and 5 in this report. telecommunications industry on young • NSW Childhood Obesity Summit; people’s use of mobile phones and with • Case planning for children and young the shopping centre industry on the people in care; and development of a protocol regarding fair • NSW Alcohol Summit. treatment of children and young people. Safety and welfare Advising others • Children and young people in Recommendations were made to the immigration detention centres; following Acts in NSW: • NSW Crime Prevention Plan and Policy; • Evidence (Audio and Audio Visual Links) • Volunteer Employment Screening for Act 1998; Volunteers and Students; • Crimes Act 1900; • Child Protection Services; 48
Networks with stakeholders What we aimed to achieve The Commission works closely with other through our activities: groups and individuals to contribute to policy, Targeted partners want to work on legislative and practice development to help joint projects with the Commission achieve our goals. In 2002-03 the for Children and Young People. Commissioner and Commission staff participated in 53 committees and groups. Our activities and performance: In addition, the Commission provides opportunities for networking through events Work with other organisations such as its seminar series, research forums and presentations at conferences. The Commission wants to work cooperatively with other organisations. In 2002-03, 11 of the Policy team’s projects were collaborations with other agencies, compared with six in 2001-02.
In 2002-03, six of the Research team’s projects were collaborations with other organisations, compared with five in 2001-02. The Community Education team worked with six culturally and linguistically diverse communities in 2002-03 to help disseminate information about new laws on the physical punishment of children.
During 2002-03 the Working With Children "Family is very, very important team consulted key agencies and stakeholder to me." organisations on the development of new draft Guidelines for the Working With Boy, 15 years Children Check. The Working With Children team also commenced work with a range of organisations that rely on volunteers and students on placement to help make their workplaces safer and friendlier for kids. 49
Being an accountable and effective organisation Chp:07 50
Being an accountable and effective organisation
The Commission works as effectively as possible to deliver projects on time and :02:03within budget and to meet our statutory responsibilities.
Our Achievements
What we aimed to achieve through our activities: The survey indicated that: Corporate personnel management • the Commission’s values are understood by and reporting requirements will be staff and the Commission sticks to these met. values; • people are treated fairly here; Our activities and performance: • we routinely put the public interest first; • staff are honest; and Survey of our ethical culture • personal and organisational values match To help the Commission’s performance we well. ask staff about their experience of working Areas identified for improvement were: here. In 2002-03 the Commission conducted • communication processes; the Ethical Culture Survey developed by the Independent Commission Against Corruption. • greater transparency in decision-making; The survey follows on from Staff Climate and Surveys conducted in 2000-01 and 2001-02. • work pressures and workloads.
Twenty-eight employees responded to the The Commission is working to improve in survey, representing 87% of the workforce. these areas. 51
"Being young is about discovery and learning." Shawn, 17 years :discovery+ 52
Performance development plans for Up-to-date human resource policies staff During 2002-03 the Commission reviewed The Commission uses performance and updated the following human resource development planning to link staff goals and policies: achievements to their learning and • Aboriginal Employment Strategy; development activities. • Grievance Handling; Reviews are conducted twice a year for • Harassment Prevention; permanent staff. Eighteen reviews were conducted during 2002-03, representing 72% • Equal Employment Opportunity; of the permanent workforce. Staff turnover • Ethnic Affairs Priority Statement; and and long term leave account for those reviews • Women’s Action Plan. not conducted.
Time with kids Staff development activities The Commission maintained our ‘Kids’ Time’ The Commission continues to make staff policy to provide staff with the time and development and training a priority. During opportunity to build relationships with 2002-03 Commission staff undertook 476 children and young people, listen to them and hours of internal and external training as well begin to understand the world through their as participating in conferences and seminars. eyes. Commission staff worked a total of 225 hours of ‘Kids’ Time’ during 2002-03, an Support for young people through increase of 8% over the 208 hours worked in traineeships 2001-02 and a 32% increase over the 170 hours worked in 2000-01. The Commission is committed to providing training to young people to help them get a Children and young people also participate in start in their working life. We have a policy of Staff Selection Committees and public employing three trainees and supporting tender/quotation panels. There were 11 such them through their study at TAFE or private panels in 2002-03, an increase of 57% over training providers. During 2002-03 all three the seven panels conducted in 2001-02. positions were filled. "Kids’ time means I get Two trainees successfully completed their out of the office and traineeship and both were successful in mix with kids I wouldn’t gaining employment whilst also pursuing ordinarily have a chance tertiary study. to meet. It keeps me focused on what my work is all about."
"As a trainee at the Commission I got great Tracey Young, Manager, Community Education skills in learning to work as part of a team. I felt supported in my work and had the opportunity to undertake some small projects independently. The knowledge, advice and experience that I gained at the Commission proved to be a vital stepping stone in gaining full-time employment."
Iktimal Hage-Ali, trainee with the Commission in 2002 53
What we aimed to achieve Paying our accounts on time • Leave Management; • Records Management; through our activities: The Commission produced a consistent Corporate financial management performance for the payment of its • Review of the Commission’s Website; and and reporting requirements will accounts during 2002-03. On average the • Review of Email and Internet Usage. Commission paid 99% of its accounts by be met. All the recommendations contained in the the due date compared with 97% in Leave Management review have been 2001-02. Our activities and performance: implemented. The reports for the There were no instances leading to remaining three reviews were released in Managing our finances payment of interest on overdue accounts late 2002-03. There were no under clause 18 of the Public Finance and recommendations made in the Review of In 2002-03 the Commission reported an Audit Regulation 2000 and Treasurer’s the Commission’s website. operating surplus of $0.264 million Direction TD 219.01. Implementation strategies and schedules compared with a budgeted surplus of for the recommendations contained in the The table on page 86 details the $0.285 million. other two reviews will be developed in Commission’s performance for 2002-03. The total operating expenses rose by 2003-04. $0.746 million (14%) to $6.105 million from last financial year’s actual total of What we aimed to achieve Meeting information security $5.359 million. through our activities: standards
This increase is largely attributable to Corporate infrastructure As required by Premier’s Circular 2001-46 enhancement funding from NSW Treasury management and reporting the Commission is working towards for the Commission’s research into infants requirements will be met. compliance with the Australian standard who die suddenly and unexpectedly in for Information Security Management, NSW; the community education activities Our activities and performance: AS/NZS 7799. for the Crimes Amendment (Child During 2002-03 the Commission Protection – Physical Mistreatment) Act completed a high level gap analysis and 2001; and the Working With Children: Sharing corporate service threat and risk assessment as well as the Volunteers and Students program as well arrangements development of a range of low level as increased salary and superannuation The Commission continued to contract security policies. costs. the Central Corporate Services Unit of the The Capital Works Program carried out Department of Commerce to provide Timely responses to written during 2002-03 totalled $0.276 million. corporate service functions for financial, communications Expenditure was mainly for improvements human resource and information technology activities. to the Working With Children Check The Commission aims to respond to 85% information system. These improvements A report on Shared Corporate Services of correspondence within two weeks of are detailed in Chapter 4, page 28. Strategy as at 30 June 2003 showed that receiving it. During 2002-03 the the Commission’s corporate services cost Commission achieved a 77% response Meeting Departmental Savings is 8% of the Commission’s operating rate, compared with 83% in 2001-02. budget. Taskforce requirements The Commission is investigating strategies to improve our performance in this area. Based on the December 2002 review of This is better than the 10% benchmark the Commission’s return, the standard set for small agencies. Departmental Savings Taskforce was Being responsive to telephone convinced of the completeness of the Conducting internal reviews callers Commission’s plans to achieve the savings During 2002-03 the Commission contracted One of the Commission’s principal of $124,000, or 100% of our productivity the Internal Audit Bureau to undertake functions is to promote the provision of savings target in 2004-05. internal audit reviews. The following audits information and advice to assist children were completed in 2002-03: and young people. One way of assessing our performance in this area is to track callers and collect data on how we assist them. 54
During 2002-03, 59% of the calls received to What we aimed to achieve the Commission were received by the through our activities: Working With Children team. Commission for Children and Young As shown by Chart 5, the Commission People will deliver project provided 74% of callers with information or deliverables on time and on budget. advice and referred 7% of calls to another agency. Our activities and performance: Chart 5:
Annual Action Taken by Commission Using a team based approach in our
3% 4% activities 3% 5% The Commission uses a team based structure 7% to manage projects according to planned 2% Information 70% Advice 6% timeframes and within budget. We aim to 6% Publication sent 2% include a communication, dissemination and Referred externally 7% influencing plan for every project that could Referred internally 5% Further CCYP action 3% have useful lessons for ourselves and other 70% No action required 3% organisations. In 2002-03, 15 of the Policy Other 4% team’s 19 relevant projects included such a plan. All nine of the Research team’s relevant projects included a communication, dissemination and influencing plan.
Supporting organisations that work with or support children and young Timely access for staff to information people services
The Commission has a number of meeting The Commission's library and information rooms that are available for the use of service provides staff with timely access to organisations that work with or support accurate, up-to-date information. This assists children and young people. During 2002-03 staff in their own work and in providing the Commission’s meeting rooms were used advice to others. on 700 occasions. Five hundred new publications and resources were added to the Commission's Library as part of the Commission's Collection Development Policy on appropriate subject areas. 55
What we aimed to achieve • Public Education in NSW – Vinson During 2002-03, Ms Caitlin Newton- through our activities: Inquiry; Broad resigned from the Expert Advisory • alcohol abuse by children and young Committee and Ms Helen L’Orange was Commission for Children and people in NSW – identifying issues and appointed to the vacant position. Young People committees will be solutions; and well supported and provide Three Expert Advisory Committee sound advice to Commissioner. • Public Passenger Transport – NSW members have been involved in chairing Ministerial Inquiry. Commission project committees:
• Dr John Yu AC co-chaired the review of Our activities and performance: Expert Advisory Committee the legislation governing the Child The Expert Advisory Committee met three Death Review Team; Supporting and working with times in 2002-03 to advise the • Mr Michael Antrum chaired the Project Commission committees Commissioner on the directions and Steering Committee for the Young People’s Reference Group activities of the Commission. Background development of primary school teaching material, including agenda and briefing Each calendar year, the Commissioner materials about rights and the papers, were provided to group members appoints a Young People’s Reference Commission for part of the year; and one week before the scheduled meeting Group to share their opinions and ideas date for 100% of meetings. • Professor Ron McCallum chaired the about our work and advise the review of the Working With Children Commissioner about issues that affect The eight committee members give the Guidelines. children and young people. Commission the benefit of their knowledge, skills and networks in The Commission’s third Young People’s medicine, law, child protection, Reference Group was appointed in employment, the arts, disability, sport and January 2002. The group met four times employment. Their input helps the during the 2002-03 financial year. Commission to set strategic directions, The fourth Young People’s Reference providing specialist advice on policy Group was appointed in January 2003 development and implementation issues and met four times during the 2002-03 and steer major Commission projects. financial year. These young people will continue to meet as a group until December 2003.
Background material, including agenda and briefing papers, were provided to group members one week before the "I got a whole new understanding of what it scheduled meeting date for 100% of means to really participate in decision - meetings. making by being on the Reference Group. Having all that support made it so much easier to Some of the 27 issues that the Reference express my ideas and opinions. It felt great Group helped the Commission with in knowing I had contributed to issues that are 2002-03 included: really important in young people’s lives." • Violence in Schools – the Community, Kaila Murnain, member of the 2003 Young People’s Reference Group Parents and Police Forum; • Australian Children’s Commission – proposal for establishment; • NSW Selective Schools – selection processes; • childhood obesity – identifying issues and solutions; • age of consent for homosexual males – changing the legislation; 56
Secretariat support for the Child Death What we aimed to achieve Review Team through our activities: The Child Death Review Team consists of Public accountability regarding the independent experts appointed by the Commission’s activity will be met. Minister for Community Services, Minister for Disability Services, Minister for Ageing, and Our activities and performance: Minister for Youth who have expertise in paediatrics and child health, forensic pathology, mental health and child protection. Timely and accessible annual reports The Team also has nominees from NSW Annual Report 2001-02 Government departments responsible for the safety and well-being of children, including The Commission’s 2001-02 Annual Report the Department of Community Services, NSW was tabled on 29 October 2002, within the Police, NSW Health, the Department of legislative timeframe. Education and Training, Attorney General’s Child Death Review Team Annual Report Department and the Office of the State 2001-02 Coroner. Currently, there are 18 members. The 2001-02 Child Death Review Team The Commission provides secretariat support Annual Report was tabled in Parliament on 30 to the Team. The Team met on 10 occasions October 2002, within the legislative during 2002-03 and agenda and briefing timeframe. papers were provided one week before the scheduled meeting date for 80% of meetings. Keeping track of our performance
To keep the Commission’s activities on track and meeting intended outcomes, Key Performance Indicators are maintained and reviewed during the year.
As a result of improvements in recording data, the Key Performance Indicators are now more closely aligned with the Commission’s Strategic Plan, with narrative data used to describe how the targets are being met. 57
Our finances Chp:08 58 59 60
Statement of Financial Performance for the Year Ended 30th June 2003
Notes Actual Budget Actual 2003 2003 2002 $'000 $'000 $'000
Expenses Operating expenses: Employee related 2(a) 2,867 2,571 2,443 Other operating expenses 2(b) 2,514 3,305 2,213 Maintenance 2(c) 118 77 56 Depreciation and amortisation 2(d) 244 210 217 Grants and subsidies 2(e) 457 0 430
Total Expenses 6,200 6,163 5,359 Less: Retained Revenue Sale of goods and services 3(a) 5 0 7 Investment income 3(b) 40 12 16 Grants and contributions 3(c) 20 12 35 Other revenue 3(d) 35 61 4
Total Retained Revenue 100 85 62
Gain / (loss) on disposal on on-current assets 4 (13) 0 0
Net Cost of Services 19 6,113 6,078 5,297
Government Contributions: Recurrent appropriation 5 5,424 5,950 5,165 Capital appropriation 5 248 279 94 Acceptance by the Crown Entity of employee benefits and other liabilities 6 329 134 201
Total Government Contributions 6,001 6,363 5,460
SURPLUS / (DEFICIT) FOR THE YEAR FROM ORDINARY ACTIVITIES 15 (112) 285 163
TOTAL REVENUE, EXPENSES AND VALUATION ADJUSTMENTS RECOGNISED DIRECTLY IN EQUITY 000
TOTAL CHANGES IN EQUITY OTHER THAN THOSE RESULTING FROM TRANSACTIONS WITH OWNERS AS OWNERS 15 (112) 285 163
The accompanying notes form part of these statements 61
Statement of Financial Position as at 30 June 2003
Notes Actual Budget Actual 2003 2003 2002 $'000 $'000 $'000
ASSETS Current Assets Cash 8 836 722 397 Receivables 9 166 176 176 Other 10 33 33 33
Total Current Assets 1,035 931 606
Non Current Assets Plant and Equipment 11 644 724 655
Total Non-Current Assets 644 724 655
Total Assets 1,679 1,655 1,261
LIABILITIES Current Liabilities Payables 12 407 265 265 Provisions 13 266 208 208 Other 14 330 0 0
Total Current Liabilities 1003 473 473
Total Liabilities 1003 473 473
Net Assets 676 1,182 788
EQUITY Accumulated Funds 15 676 1,182 788
Total Equity 676 1,182 788
The accompanying notes form part of these statements 62
Statement of Cash Flows for the Year ended 30th June 2003
Notes Actual Budget Actual 2003 2003 2002 $'000 $'000 $'000
CASH FLOWS FROM OPERATING ACTIVITIES
Payments Employee related (2,620) (2,462) (2,235) Grants and subsidies (457) 0 (430) Other (2,827) (3,634) (3,236)
Total Payments (5,904) (6,096) (5,901)
Receipts Sale of goods and services 12 0 4 Interest received 27 12 31 Other 411 325 507
Total Receipts 450 337 542
Cash Flows from Government Recurrent appropriation 5,723 5,950 5,165 Capital appropriation 279 279 94 Cash reimbursements from the Crown Entity 139 134 87 Cash transfers to the Consolidated Fund 0 0 (302)
Net Cash Flow From Government 6,141 6,363 5,044
NET CASH FLOWS FROM OPERATING ACTIVITIES 19 687 604 (315)
CASH FLOW FROM INVESTING ACTIVITIES Purchases of Plant and Equipment (248) (279) (101)
NET CASH FLOWS FROM INVESTING ACTIVITIES (248) (279) (101)
NET INCREASE / (DECREASE) IN CASH 439 325 (416)
Opening cash and cash equivalents 397 397 813
CLOSING CASH AND CASH EQUIVALENTS 8 836 722 397
The accompanying notes form part of these statements 63
Summary of compliance with Financial Directives for the Year Ended 30th June 2003
2003 2002
Recurrent Expenditure Capital Expenditure Recurrent Expenditure Capital Expenditure Approp’ Net Claim on Approp’ Net Claim on Approp’ Net Claim on Approp’ Net Claim on Consolidated Consolidated Consolidated Consolidated Fund Fund Fund Fund $'000 $'000 $'000 $'000 $'000 $'000 $'000 $'000
Original Budget Appropriation /Expenditure
- Appropriation Act 5,950 5,424 279 248 5,496 5,165 94 94
5,950 5,424 279 248 5,496 5,165 94 94
Other Appropriation /Expenditure - Treasurer's Advance 192 0 0 0 0 0 0 0 - Section 22 - expenditure for certain works and services 0 0 0 0 0 0 0 - Transfers to / from another agency 0 0 0 0 0 0 0 0 (s25 of the Appropriation Act) 192 0 0 0 0 0 0 0
Total Appropriations / Expenditure / Net Claim on Consolidated Fund (includes transfer payments) 6,142 5,424 279 248 5,496 5,165 94 94
Amount drawn down against Appropriation 5,723 279 5,165 94
Liability to Consolidated Fund 299 31 0 0
Notes to Summary of Compliance with Financial Directives (a) The Summary of Compliance is based on the assumption that Consolidated Fund moneys are spent first (except where otherwise identified or prescribed). (b) The Liability to Consolidated Fund represents the difference between the "Amount drawn down against Appropriations" and the "Total expenditure / Net claim on Consolidated Fund" (c) The variations between the original Consolidated Fund budgets and the amounts drawn down are commented on in Note 18. 64 Notes Accompanying and forming part of the Financial Statements for the year ended 30 June 2003
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
(a) Reporting Entity The Commission for Children and Young People (the Commission) is a separate reporting entity. There are no other entities under its control.
As the Commission is a single program entity, the financial operations disclosed in the Statement of Financial Performance and Statement of Financial Position are those of the Commission's program. Accordingly, a separate supplementary program statement has not been prepared.
The Commission is consolidated as part of the NSW Total State Sector Accounts.
(b) Basis of Accounting The Commission's financial statements are a general purpose financial report which have been prepared on an accruals basis and in accordance with:
- applicable Australian Accounting Standards;
- other authoritative pronouncements of the Australian Accounting Standards Board (AASB);
- Urgent Issues Group (UIG) Consensus Views;
- the requirements of the Public Finance and Audit Act 1983 and Regulations; and
- the Financial Reporting Directions published in the Financial Reporting Code for Budget Dependent General Government Sector Agencies or issued by the Treasurer under section 9(2)(n) of the Act.
Where there are inconsistencies between the above requirements, the legislative provisions have prevailed.
In the absence of a specific Accounting Standard, other authoritative pronouncements of the AASB or UIG View, the hierarchy of other pronouncements as outlined in AAS 6 "Accounting Policies" is considered.
The financial statements are prepared in accordance with the historical cost convention. All amounts are rounded to the nearest one thousand dollars and are expressed in Australian currency.
(c) Administered Activities The Commission does not administer any activities on behalf of the Crown Entity.
(d) Revenue Recognition Revenue is recognised when the Commission has control of the good or right to receive, it is probable that the economic benefits will flow to the Commission, and the amount of revenue can be measured reliably. Additional comments regarding the accounting policies for the recognition of revenue are discussed below.
(i) Parliamentary Appropriations and Contributions from Other Bodies
Parliamentary appropriations and contributions from other bodies (including grants and donations) are generally recognised as revenues when the Commission obtains control over the assets comprising the appropriations / contributions. Control over appropriations and contributions is normally obtained upon the receipt of cash. 65 An exception to the above is when appropriations are unspent at year end. In this case, the authority to spend the money lapses and generally the unspent amount must be repaid to the Consolidated Fund in the following financial year. As a result, unspent appropriations are accounted for as liabilities rather than revenue.
The liability is disclosed in Note 14 as part of 'Current Liabilities - Other'. The amount will be repaid and the liability will be extinguished in the next financial year.
In the case of the Commission, there is a liability for Recurrent Appropriation for 2002/2003 of $299,000 (2001/2002 $0) and a liability for Capital Appropriation of $31,000 (2001/2002 $0).
(ii) Sale of Goods and Services
Revenue from the sale of goods and services comprises revenue from the provision of products or services ie user charges. User charges are recognised as revenue when the Commission obtains control of the assets that result from them.
(iii) Investment Income
Interest income is recognised as it accrues.
(e) Employee Benefits and other provisions (i) Salaries and wages, Annual Leave, Sick Leave and On-Costs
Liabilities for salaries and wages (including non-monetary benefits), annual leave and vesting sick leave are recognised and measured in respect of employees' services up to the reporting date at nominal amounts based on the amounts expected to be paid when the liabilities are settled.
Unused non-vesting sick leave does not give rise to a liability as it is not considered probable that sick leave taken in the future will be greater than the benefits accrued in the future.
The outstanding amounts of payroll tax, workers' compensation insurance premiums and fringe benefits tax, which are consequential to employment are recognised as liabilities and expenses where the employee benefits to which they relate have been recognised.
(ii) Accrued salaries and wages - reclassification
As a result of the adoption of Accounting Standard AASB 1044 "Provisions, Contingent Liabilities and Contingent Assets", accrued salaries and wages and on-costs have been reclassified to "payables" instead of "provisions" in the Statement of Financial Position and the related note disclosures (Note 12), for the current and comparative period.
On the face of the Statement of Financial Position and in the notes, reference is now made to"provisions" in place of "employee entitlements and other provisions". Total employee benefits (including accrued salaries and wages) are reconciled in Note 13 "Provisions".
(iii) Long Service Leave and Superannuation
The Commission's liabilities for long service leave and superannuation are assumed by the Crown Entity. The Commission accounts for the liability as having being extinguished resulting in the amount assumed being shown as part of the non-monetary revenue item described as "Acceptance by the Crown Entity of employee benefits and other liabilities" (Note 6).
Long service leave is measured on the remuneration rates at year end for all employees with five or more years of service using the present value basis of measurement based on the circular provided by Treasury.
The superannuation expense for the financial year is determined by using the formulae specified in the Treasurer's Directions. The expense for certain superannuation schemes (ie Basic Benefit and First State Super) is calculated as a percentage of the employees' salary. For other superannuation schemes (ie State Superannuation Scheme and State Authorities Superannuation Scheme), the expense is calculated as a multiple of employees' superannuation contributions. 66 (iv) Other Provisions
Other provisions exist when the entity has a present legal, equitable, or constructive obligation to make a future sacrifice of economic benefits to other entities as a result of past transactions or other past events. These provisions are recognised when it is probable that a future sacrifice of economic benefits will be required and the amount can be measured reliably.
(f) Insurance The Commission's insurance activities are conducted through the NSW Treasury Managed Fund Scheme of self insurance for Government agencies. The expense (premium) is determined by the Fund Manager based on past experience.
(g) Accounting for the Goods and Services Tax (GST) Revenues, expenses and assets are recognised net of the amount of GST, except where:
* the amount of GST incurred by the agency as a purchaser that is not recoverable from the Australian Taxation Office is recognised as part of the cost of acquisition of an asset or as part of an item of expense.
* receivables and payables are stated with the amount of GST included.
(h) Acquisition of Assets The cost method of accounting is used for the initial recording of all acquisitions of assets controlled by the Commission. Cost is determined as the fair value of the assets given as consideration plus the costs incidental to the acquisition.
Assets acquired at no cost, or for nominal consideration, are initially recognised as assets and revenues at their fair value at the date of acquisition.
Fair value means the amount for which an asset could be exchanged between a knowledgeable, willing buyer and a knowledgeable, willing seller in an arm's length transaction.
(i) Plant and Equipment Plant and Equipment costing $5,000 and above individually are capitalised.
(j) Revaluation of Physical Non-Current Assets Physical non-current assets are valued in accordance with the "Guidelines for the Valuation of Physical Non-Current Assets at Fair Value" (TPP 03-02). This policy adopts fair value in accordance with AASB 1041 from financial years beginning on or after 1 July 2002. There is no substantive difference between the fair value valuation methodology and the previous valuation methodology adopted in the NSW public sector.
Where available, fair value is determined having regard to the highest and best use of the asset on the basis of current market selling prices for the same or similar assets. Where market selling price is not available, the asset's fair value is measured as its market buying price ie the replacement cost of the asset's remaining future economic benefits. The agency is a not for profit entity with no cash generating operations.
Each class of physical non-current assets is revalued every five years and with sufficient regularity to ensure that the carrying amount of each asset in the class does not differ materially from its fair value at reporting date.
Non-specialised assets with short useful lives are measured at depreciated historical cost, as a surrogate for fair value. 67 (k) Depreciation of Non-Current Physical Assets Depreciation is provided for on a straight line basis for all depreciable assets so as to write off the depreciable amount of each asset as it is consumed over its useful life to the Commission.
All material separately identifiable component assets are recognised and depreciated over their shorter useful lives, including those components that in effect represent major periodic maintenance.
Depreciation Rates % Rate - Computer equipment and software 25.00 - Office equipment 14.00 - Furniture & fitouts 10.00
Leasehold improvements over the lesser of the period of the lease or the useful life of the improvements.
(l) Maintenance and Repairs The costs of maintenance are charged as expenses as incurred, except where they relate to the replacement of a component of an asset, in which case the costs are capitalised and depreciated.
(m) Leased Assets A distinction is made between finance leases which effectively transfer from the lessor to the lessee substantially all the risks and benefits incidental to ownership of the leased assets, and operating leases under which the lessor effectively retains all such risks and benefits.
The assets leased by the Commission are motor vehicles and office accommodation. Operating lease payments are charged to the Statement of Financial Performance in the periods in which they are incurred.
(n) Receivables Receivables are recognised and carried at cost, based on the original invoice amount less (where necessary) a provision for any uncollectable debts. An estimate for doubtful debts is made when collection of the full amount is no longer probable. Bad debts are written off as incurred.
(o) Payables These amounts represent liabilities for goods and services provided to the agency and other amounts, including interest. Interest is accrued over the period it becomes due.
(p) Budgeted Amounts The budgeted amounts are drawn from the budgets as formulated at the beginning of the financial year and with any adjustments for the effects of additional appropriations, s 21A, s 24 and / or s 26 of the Public Finance and Audit Act 1983.
The budgeted amounts in the Statement of Financial Performance and the Statement of Cash Flows are generally based on the amounts disclosed in the NSW Budget Papers (as adjusted above). However, in the Statement of Financial Position, the amounts vary from the Budget Papers, as the opening balances of the budgeted amounts are based on carried forward actual amounts as per the audited financial statements (rather than carried forward estimates). 68 2. EXPENSES
(a) Employee related expenses 2,003 2002 $'000 $'000
- Salaries and wages (including recreation leave) 2,373 2,072 - Superannuation 217 146 - Long service leave 99 46 - Workers compensation insurance 21 11 - Payroll tax and fringe benefits tax 157 168 2,867 2,443 Salaries and wages (including non-monetary benefits), recreation leave and sick leave (regardless of when they are expected to be settled) are measured on a nominal basis in accordance with AASB 1028 (see also Note 1(e) and Note 13).
The Crown Entity generally assumes the long service leave and superannuation liabilities for the budget dependent General Government Sector agency. This means on initial incurrence the Commission recognises a liability and expense and on assumption of the liability, a revenue equivalent to the liability assumed (see also Note 1(e) and Note 6) is recognised.
On-costs are not assumed by the Crown Entity and are the responsibility of the Commission.
(b) Other operating expenses 2003 2002
$'000 $'000 - Auditors remuneration 22 23 (audit or review of the financial reports) - Operating lease rental expense - minimum lease payments 348 324 - Insurance 5 6 - Community education 111 202 - Consultancies 242 216 - Stores, printing and stationery 155 125 - Corporate services 263 181 - External training 335 184 - Staff recruitment 11 3 - Boards, tribunals and meetings 58 56 - Employee Screening 369 313 - EDP 159 169 - Travel 43 55 - Postage 101 61 - Conference 30 16 - Media 31 38 - Other 231 241
2,514 2,213
(c) MAINTENANCE
Maintenance Charges comprise: 2,003 2002
$000 $'000 - Repairs and Maintenance 118 56 118 56 69 (d) Depreciation and amortisation expenses 2003 2002
$'000 $'000 Depreciation - Plant and Equipment 244 217 244 217
(e) Grants and subsidies 2003 2002
$'000 $'000 - Employment Screening 424 322 - General Government 3 97 - Other 30 11 457 430
3. REVENUES
(a) Sales of goods and services 2003 2002
$'000 $'000 - Publication Sales 5 7 57
(b) Investment income 2003 2002
$'000 $'000 - Interest 40 16 40 16
(c) Grants and contributions 2003 2002
$'000 $'000 - Grants 20 35 20 35
(d) Other revenue 2003 2002
$'000 $'000 - Seminars 35 4 35 4
4. GAIN / (LOSS) ON DISPOSAL OF NON-CURRENT ASSETS
2003 2002
$'000 $'000 - Proceeds from sale of non-current assets 2 0 - Written down value of assets disposed (15) 0 - Gain / (Loss) on disposal of non-current assets (13) 0 70 5. APPROPRIATIONS
2003 2002
$'000 $'000
Recurrent appropriations Total recurrent draw downs from Treasury (per Summary of 5,723 5,165 Compliance) Less: Liability to Consolidated Fund (per Summary of Compliance) (299) 0 5,424 5,165 Comprising: Recurrent appropriations (per Statement of Financial Performance) 5,424 5,165 Transfer payments 0 0 5,424 5,165
Capital appropriations Total capital draw downs from Treasury (per Summary of Compliance) 279 94 Less: Liability to Consolidated Fund (per Summary of Compliance) (31) 0 248 94 Comprising: Capital appropriations (per Statement of Financial Performance) 248 94 Transfer payments 0 0 248 94
6. ACCEPTANCE BY THE CROWN ENTITY OF EMPLOYEE BENEFITS AND OTHER LIABILITIES
2003 2002
$'000 $'000 The following liabilities and / or expenses have been assumed by the Crown Entity.
- Superannuation 217 146 - Payroll tax 13 9 - Long service leave 99 46 329 201
7. PROGRAMS / ACTIVITIES OF THE COMMISSION
Program 1 - Commission for Children and Young People Objective: To promote and enhance the safety, welfare and well-being of children and young people in the community, and to encourage their participation in decisions that affect their lives.
8. CURRENT ASSETS - CASH
2003 2002
$'000 $'000 - Cash at bank and on hand 836 397 836 397 For the purposes of the Statement of Cash Flows, cash includes cash on hand, and cash at bank. Cash assets recognised in the Statement of Financial Position are reconcilied to cash at the end of the financial year as shown in the Statement of Cash Flows as follows:
Cash (per Statement of Financial Position) 836 397 Closing Cash and Cash Equivalents (per Statement of Cash Flows) 836 397 Included in cash is $330,000 repayable to the Crown Entity. This cash cannot be used by the Commission in its day to day operations. 71 9. CURRENT / NON-CURRENT ASSETS - RECEIVABLES
2003 2002
$'000 $'000 - Sale of goods and services 28 36 - Other debtors 138 140 166 176 No provision has been made for doubtful debts as all amounts are considered to be collectable.
10. CURRENT / NON-CURRENT ASSETS - OTHER
2003 2002
$'000 $'000 - Prepayments 33 33 33 33
11. NON-CURRENT ASSETS - PLANT AND EQUIPMENT
2003 2002
$'000 $'000
Plant and Equipment At cost 1,319 1,104
Less: Accumulated depreciation 675 449 Total Plant and Equipment at Net Book Value 644 655
Reconciliations Reconciliations of the carrying amounts of each class of plant and equipment at the beginning and end of the current and previous financial year are set out below:
Plant and Plant and Equipment Equipment
2003 2002
$'000 $'000 Carrying amount at start of year 655 771 Additions 248 101 Disposals (33) 0 Write back on disposals 18 0 Depreciation expense (244) (217) Carrying amount at end of year 644 655
12. CURRENT LIABILITIES - PAYABLES
2003 2002
$'000 $'000 - Accrued salaries, wages and on-costs 108 99 - Creditors 299 166 407 265 72 13. CURRENT LIABILITIES - PROVISIONS
2003 2002
$'000 $'000 - Employee benefits and related on-costs 8 3 - Recreation leave 258 205 Total Provisions 266 208
Aggregated Employee benefits and on-costs: 2003 2002
$'000 $'000
Reconciliation Employee benefits and related on-costs - current 8 3 Provisions - current 258 205 Accrued salaries, wages and on-costs 108 99
Total 374 307
14. CURRENT LIABILITIES - OTHER
2003 2002
$'000 $'000 - Liability to Consolidated Fund - recurrent 299 0 - Liability to Consolidated Fund - capital 31 0 330 0
15. CHANGES IN EQUITY
Accumulated Accumulated Funds Funds
2003 2002 Balance at the beginning of the financial year 788 625
Changes in equity-other than transactions with owners as owners Surplus / (deficit) for the year (112) 163
Total Balance at the end of the financial year 676 788 73 16. COMMITMENTS FOR EXPENDITURE
(a) Other Expenditure Commitments Aggregate other expenditure for the acquisition of goods and services contracted for at balance date and not provided for: 2003 2002
$'000 $'000 - Not later than one year 248 0 Total (including GST) 248 0
(b) Operating Lease Commitments Future non-cancellable operating lease rentals not provided for and payable:
2003 2002
$'000 $'000 - Not later than one year 319 313 - Later than one year and not later than five years 236 532 Total (including GST) 555 845 These operating lease commitments are not recognised in the financial statements as liabilities. The lease commitments relate to the Commission's rental of premises to 30 April 2005, and lease payments for two motor vehicles. Lease commitments disclosed above include GST of $50,518 which will be recovered from the Australian Taxation Office.
17. CONTINGENT LIABILITIES AND CONTINGENT ASSETS The Commission is not aware of any contingent liabilities and / or contingent assets associated with its operations.
18. BUDGET REVIEW
Net Cost of Services The actual net cost of services was above budget by $35,000. This was mainly due to the increase in the employee related expenses following adoption of the Accounting Standard AASB 1028.
Assets and Liabilities Current assets were $104,000 above budget, mainly due to an increase in cash resulting from outstanding repayment to consolidated fund and other payables at year end.
The increase of $530,000 in current liabilities resulted from the net movement in the liability to Consolidated Fund, combined with the increase in payables at year end.
Cash Flows The increase in cash flows from operating activities is largely due to the repayment of the liability to Consolidated Fund, combined with lower levels of payments and higher levels of receipts. 74 19. RECONCILIATION OF NET CASH FLOWS FROM OPERATING ACTIVITIES TO NET COST OF SERVICES Reconciliation of cash flows from operating activities to the net cost of services as reported in the Statement of Financial Performance:
2003 2002
$'000 $'000 - Net Cash used on operating activities 687 (315) - Cash Flows from Government / Appropriations (5,672) (5,259) - Acceptance by the Crown Entity of employee benefits and other liabilities (329) (201) - Depreciation (244) (217) - Decrease / (increase) in provisions (59) (94) - Increase / (decrease) in prepayments and other assets (11) 109 - Decrease / (increase) in creditors (142) 378 - Net loss / (gain) on sale of plant and equipment (13) 0 - Decrease / (increase) in other liabilities (330) 302
Net cost of services (6,113) (5,297)
20. FINANCIAL INSTRUMENTS
Cash Cash comprises cash on hand and bank balances within the Treasury Banking System. Interest is earned on daily bank balances at the monthly average NSW Treasury Corporation (TCorp) 11 am unofficial cash rate adjusted for a management fee to Treasury. The average rate over the year was 3.75% (3.52% in 2002) and the final rate was 3.75% (3.73% in 2002).
Receivables All trade debtors are recognised as amounts receivable at balance date. Collectability of trade debtors is reviewed on an ongoing basis. Debts which are known to be uncollectable are written off. A provision for doubtful debt is raised when some doubt as to collection exists. The credit risk is the carrying amount (net of any provision for doubtful debts). No interest is earned on trade debtors. The carrying amount approximates net fair value. Sales are made on 30 day terms.
Bank Overdraft The Commission does not have any bank overdraft facility.
Trade Creditors and Accruals The liabilities are recognised for amounts due to be paid in the future for goods or services received, whether or not invoiced. Amounts owing to suppliers (which are unsecured) are settled in accordance with the policy set out in Treasurer's Direction 219.01. If trade terms are not specified, payment is made no later than the end of the month following the month in which an invoice or a statement is received. Treasurer's Direction 219.01 allows the Minister to award interest for late payment. The rate of interest applied was Nil% (Nil% in 2002).
21. AFTER BALANCE DATE EVENTS There are no events occuring after reporting date requiring disclosure.
(END OF AUDITED FINANCIAL STATEMENTS) 75
Additional statutory requirements Chp:09 76
Report Index
78 Action Plan for Women 82 FOI Requests :Index78 After balance date events 82 Funds granted to non-government 78 Chief and Senior Executive Officers community organisations 78 Performance Statements 83 Guarantee of Service 78 Code of Conduct 83 Human resources 79 Consultants 83 Employee Assistance Scheme 79 Consumer response 83 Industrial relations policies and practices 79 Controlled entities 83 Performance Development Policy 79 Cost of annual report 83 Land disposal 79 Credit card usage 83 Legal change 79 Disability Action Plan 84 Major Assets 80 Economic and other factors affecting 84 Management and activities achievement of operational objectives 84 Management and structure 80 Energy Management Policy 85 Occupational Health and Safety 80 Ethnic Affairs Priority Statement and Ethnic 85 Overseas visits Affairs Agreement 85 Payment of accounts 80 Equal Employment Opportunity 86 Price determination 82 Establishment 86 Privacy Management Plan 82 Freedom of Information 86 Publications 82 Description of documents held in the 87 Research and development Commission 87 Risk management insurance 82 FOI Statistics 88 Waste Reduction and Purchasing Plan 77
"It’s great to live in a community where young people of all ages can play and get along." Nathan, 18 years :community+ 78
Action Plan for Women Performance statements
All NSW Government agencies are required to publish an Action Ms Gillian Calvert Plan for Women. The plan is based on the principles of equity, Bachelor of Arts, Bachelor of Social Work, rights and participation and assists women with the least access Master of Business Administration to social and economic resources. The Commission has Commissioner completed its Women’s Action Plan. Contract appointment from 31 May 1999 SES Level 4 Women participate at all levels of our agency. Women from rural NSW and from a range of ethnic backgrounds are represented The Minister has expressed her satisfaction with Ms Calvert’s on the Commission’s Advisory Groups and Committees. management of the Commission for Children and Young People throughout 2002-03. Women comprised 68% of the Commission’s staff as at 30 June 2003, compared with the government benchmark of 50%. As Chief Executive Officer of the Commission for Children and Young People, Ms Calvert has overall responsibility for the Commission’s performance in working with others to make NSW After balance date events a better place for children and young people.
There were no after balance date events having a significant A record of the many significant matters handled by the effect in the year 2002-03. Commission in 2002-03 appears elsewhere in this report. Key activities undertaken by Ms Calvert during 2002-03 included:
Chief and Senior Executive Officers • Promotion of the findings from the Commission’s Inquiry into the best means of assisting children and young people with Numbers of executive officers no-one to turn to across NSW;
Bands 30/6/02 30/6/03 • Continued successful operation of the Working With Children Level 6 0 0 Check with background checks conducted on more than 265,000 people during the year; Level 5 0 0 • Working with the NSW Department of Health and the NSW Level 4 1 1 Department of Education and Training to support the Level 3 0 0 participation of young people in the NSW Childhood Obesity Summit; and Level 2 1 0 • Continued successful management of Commission operations Level 1 0 0 and fulfilment of its functions. Total 2 1 No performance related incentive payments were paid during the year. Numbers of female executive officers CES/SES staff 30/6/02 CES/SES staff 30/6/03 Code of conduct
Total staff Women Total staff Women There were no changes to the Commission’s Code of Conduct and Ethics during 2002-03. 221 1
(100%) (100%) 79
Consultants Controlled entities
During 2002-03, the following consultants were engaged at a The Commission does not have any controlling interests in other cost equal to or more than $30,000 (excluding GST). entities.
Consultant Project Title Cost Cost of annual report
The total cost of producing the Annual Report 2002-03 was Performance Improvement Evaluation project $18,174. The annual report is also available as a PDF on the for the Working Commission’s website at www.kids.nsw.gov.au. An HTML With Children: Executive Summary of the report is also available on the site. Volunteers and Students program $37,000.00
Urbis Keys Young Capacity building Credit card usage project for the The Commissioner certifies that credit card usage in the Working With Children: Commission has met the best practice guidelines in accordance Volunteers and with Premier’s Memoranda and Treasury Guidelines. Students program $58,667.50
PK Consulting Development of website to host the Departures from Subordinate Legislation Act 1989 ‘Kids’ stats’ data $56,925.00 The Commission did not undertake any activity that departed from the requirements of this legislation.
During the year, nine other consultancies were engaged at a total cost of $89,367.50 (excluding GST). Disability Action Plan
The Disability Services Act 1983 requires all government Consumer response agencies to publish a Disability Strategic Plan.
All state government agencies are required to publish a The Commission for Children and Young People’s Disability Complaints Handling Policy. Action Plan for 2001-03 provide initiatives that will allow people with disabilities to participate fully in the work of the The Commission formalised its Complaint Handling Policy during Commission. 2000-01. This Policy is posted on the Commission’s website and complaints can be lodged electronically via the website. Summary of 2002-03 Outcomes:
The Director manages all complaints lodged with the • Children and young people with a disability are represented on Commission. There was one complaint lodged during the year. the Commission’s Young People’s Reference Group; This written complaint concerned difficulties downloading and • People with a disability are members of the Commission’s printing PDF publications from the Commission’s website. The Expert Advisory Group; Commission is implementing changes across the website to extend access to publications in formats other than PDF. • Positive portrayal of children and young people with a Publications available in hardcopy format can be ordered either disability in the Commission’s 2001-02 Annual Report; and via the order form on the website or by contacting the • All publications on the Commission’s website are available in Commission. RTF format that is readable by braille readers.
Key Disability Action Plan Priorities for 2003-04:
• Continue to implement our Disability Action Plan and explore new initiatives;
• Further target areas within the disability sector for inclusion in the pilot Working With Children: Volunteers and Students program; 80
• Presentations to targeted conferences relevant to the disability Ethnic Affairs Priority Statement and Ethnic Affairs sector on the finding of the Inquiry into children and young Agreement people with no-one to turn to; and The Ethnic Affairs Commission Amendment Act 1996 requires all • Conduct a professional development seminar on building government agencies to report on their key initiatives in ethnic relationships with children and young people with disabilities. affairs.
The Commission for Children and Young People’s Ethnic Affairs Economic and other factors affecting achievement of Priority Statement incorporates key ethnic affairs initiatives and operational objectives priorities into our service delivery, corporate planning and management tools. There were no significant economic or other factors affecting the achievement of the Commission’s operational objectives. Summary of 2002-03 Outcomes: • Ethnic Affairs Priority strategies are included in the Commission’s Strategic Plan under Key Result Area 1 – Building Electronic service delivery Participation and are also contained in SES performance The Commission met its commitment to the NSW Government agreements and all role statements; to make all appropriate transactional services available online by • The Expert Advisory Group, Young People’s Reference Group 31 December 2001. and Child Death Review Team have a membership that reflects In meeting the targets, the Commission made all Commission the principles of equity and the Government’s commitment to publications available on the website, made provision for tender cultural diversity; information on the website and provided for a number of • The Commission developed an ‘Ask the Children’ publication transactional-based processes to be available on the website. on kids’ experiences in immigration detention centres;
During 2002-03 the Commission made available its publications • The Commission’s community education activities around the through the NSW Government sponsored website Crimes Amendment (Child Protection – Physical Mistreatment) www.bookshop.nsw.gov.au. Act 2001 included the development of culturally appropriate materials for culturally and linguistically diverse communities.
Energy Management Policy Key Ethnic Affairs Priorities for 2003-04:
During 2002-03 the Commission continued to meet its • The participation of kids from culturally and linguistically requirements by reporting its annual energy use to the NSW diverse communities at the Young People's Alcohol Forum and Minister of Energy and Utilities. the NSW Alcohol Summit; and
This information has been used to establish energy performance • Specific approaches developed to engage targeted culturally indicators and benchmarks for the Commission. and linguistically diverse communities in the Working With Graph 1: Children: Volunteers and Students program.
Gigajoules of total energy used by the Commission
1600 Equal Employment Opportunity (EEO) 1550 Summary of 2002-03 Outcomes: 1500 • Equal Employment Opportunity strategies are included in the 1450 Commission’s Strategic Plan under Key Result Area 5 – Being an 1400 Accountable and Effective Organisation and are also contained in SES performance agreements and all role statements; Gigajoules of energy used 1350 2000-01 2001-02 2002-03 • Equal Employment Opportunity Plan for 2002-2004 finalised;
The Commission’s energy consumption has remained static • Revised Flexible Working Hours Agreement negotiated; and during 2002-03 despite there being an increase in staffing • Introduced Staff Scholarship Program. numbers. 81
Key Equal Employment Opportunities Priorities for 2003-04:
• Conduct an EEO survey to provide comprehensive and accurate statistical data;
• Trainees recruited to all EEO target positions; and
• EEO groups continued to be represented on all Commission reference and advisory groups.
A. Trend in the Representation of EEO Groups (Note 1)
% of Total Staff (Note 2) EEO Group Benchmark 2000 2001 2002 2003 or Target Women 50% 67% 71% 70% 74% Aboriginal people and Torres Strait Islanders 2% 0% 0% 0% 0% People whose first language was not English 20% 9% 9% 5% 5% People with a disability 12% 8% 7% 3% 3% People with a disability requiring work-related adjustment 7% 0% 0% 3% 0%
B. Trends in the Distribution of EEO Groups (Note 1)
Distribution Index (Note 3) EEO Group Benchmark 2000 2001 2002 2003 or Target Women 100 n/a n/a n/a n/a Aboriginal people and Torres Strait Islanders 100 n/a n/a n/a n/a People whose first language was not English 100 n/a n/a n/a n/a People with a disability 100 n/a n/a n/a n/a People with a disability requiring work-related adjustment 100 n/a n/a n/a n/a
* Notes: 1. Staff numbers as at 30 June. 2. Excludes casual staff. 3. A distribution of 100 indicates that the centre of the distribution of the EEO group across salary levels is equivalent to that of other staff. Values less than 100 mean that the EEO group tends to be more concentrated at lower salary levels than is the case for other staff. The more pronounced this tendency is, the lower the index will be. In some cases the index may be more than 100, indicating that the EEO group is less concentrated at lower salary levels. The Distribution Index is automatically calculated by the software provided by ODEOPE. The Distribution Index is not calculated where EEO group or non-EEO group numbers are less than 20. This is indicated by n/a.
During 2002-03 the Commission employed trainees through a training company. Their details are not included in the above tables. Two female trainees completed their traineeship in January 2003. Three new trainees commenced in 2003, one female and two males. One traineeship position is a dedicated Aboriginal and Torres Strait Islander traineeship. 82
Establishment lodged by a third party on behalf of the individuals without proper authority. These two requests were subsequently granted The Commission for Children and Young People was established following the lodgement by the individuals concerned. on 31 May 1999. The Commission is responsible to the Hon C Tebbutt MLC, Minister for Community Services, Minister The Commission provided 23 requests free of charge, as for Ageing, Minister for Disability Services and Minister for required by Section 43 of the Commission for Children and Youth. Until April 2003 the Commission had been responsible to Young People Act 1998. the Premier, the Hon R J Carr, MP. Total fees collected for Freedom of Information requests not made under Section 43 of the Commission for Children and Young People Act 1998 were $45.00. Freedom of Information
The following information is provided in accordance with s14 (1) Freedom of Information requests (b) of the Freedom of Information Act 1989. Under the Freedom of Information Act 1989, members of the Organisation public have the right to access personal, policy and administrative documents held by the Commission, except for The Commission’s structure is set out in the organisational chart certain types of information for which the Freedom of on page 9. Information Act 1989 allows an exemption. The Act also allows Functions and objectives for applications to be lodged for amendments of records where they are ‘incorrect, misleading or out of date’. The Commission’s role and functions are set out on page 6. Section 43 of the Commission for Children and Young People Description of documents held in the Commission Act 1998 extends Freedom of Information to cover all non- government organisations involved in child-related employment. Files: A range of files are stored in a central location in the Any person for whom relevant completed disciplinary Commission. The RECFIND Records Management System is used proceedings have been undertaken is entitled, under the to make files easily accessible. Freedom of Information Act 1989, to access any documents of Administrative files cover most day-to-day aspects of the an organisation which contain relevant disciplinary proceedings Commission including recruitment, staffing, equipment information in relation to them. The right exists irrespective of purchases, finance, budgeting, general purchasing and whether the employer is a public or private sector employer. corporate relations. Commission staff are entitled to view their There are no costs charged for any person seeking information personal files. in relation to these arrangements. Child Death Review Team files are stored in a secure location The Director manages the Freedom of Information function. separate from all other files. The files cover the work of the Inquiries can be made in person, in writing or by telephone. Child Death Review Team and are only accessible to Team Commission documents are available for public inspection by members and staff approved by the Commissioner. arrangement, telephone the Director on 02 9286 7276. Access Working With Children files are stored in a secure location is available during office hours (9am to 5pm, Monday to Friday) separate from all other files. The files cover the work of the at Level 2, 407 Elizabeth Street, Surry Hills, NSW, 2010 or at employment screening and are only accessible to staff approved other times with prior agreement. by the Commissioner. Funds granted to non-government community Records of permanent value are transferred to the State Records organisations Authority of NSW for preservation under the terms of the NSW State Records Act 1998. The Catholic Commission for Employment Relations received funds totalling $423,866.46 towards their costs in undertaking Freedom of Information statistics Working With Children Check activities as an Approved The Commission introduced its Freedom of Information Policy in Screening Agency. March 2000 following consultation with the Young People’s The University of Western Sydney received funds totalling Reference Group. During 2002-03 there were 25 Freedom of $30,168.00 to undertake a research project in collaboration Information requests lodged with the Commission. with the Commission on children’s understanding of well-being. Twenty three of these requests were granted in full within the required timeframe. Two requests were denied as they were 83
Guarantee of Service Ethical Culture Survey
All state government agencies are required to publish a As detailed on page 50 the Commission conducted an Ethical Guarantee of Service. Culture Survey during 2002 to identify areas for improvement.
The Commission has developed two forms of service guarantees. Employee Assistance Scheme The first is a Commitment to Service for the Commission’s employment screening clients. This was developed in The Commission provides a free confidential counselling service conjunction with the Approved Screening Agencies and to employees, Committee members and their immediate family approved by the Commissioner for implementation. This using Davidson Trahaire. Commitment to Service is published on the Commission’s website and the Commission’s employer clients have been advised in writing about the guarantee. Policies and Procedures
The second Guarantee of Service applies to all other service The following policies were reviewed during 2002-03: standards in the Commission. The final document is available on • Kidstime the Commission’s website. • Aboriginal Employment Strategy • Grievance Handling • Harassment Prevention Human resources • Women’s Action Plan • Waste Reduction There were 36 staff employed in the Commission as at 30 June 2002 excluding casual employees and board members. This equates to the full-time equivalent of 32.3 positions. An average of 34 full Industrial relations policies and practices time equivalent staff were employed during 2002-03. The Commission has a Staff Management Committee which Of these staff, one is a Senior Executive Service Officer, and all other maintains strong consultative workplace practices. staff are employed under the Public Sector Employment and The Committee held five meetings during 2002-03. Management Act 2002.
During 2002-03 the Commission recruited 11 staff and eight staff left the Commission. Performance Development Policy
Of the staff that left, five (63%) completed their period of contract As detailed on page 52 the Commission continued to implement employment, one (12%) resigned and two (25%) transferred to its Performance Development Policy during 2002-03. other government agencies.
At the end of June 2003, the Commission had 94% of its staff Land disposal establishment filled, compared to 95% in June 2002. The Commission does not own any properties. The Commission There were no exceptional movements in salaries during the year. did not dispose of any properties during 2002-03. Consistent with the provisions of the Crown Employees (Public Sector Conditions of Employment) Award 2002, staff were paid a 4% salary increase from January 2002. Senior Executive Service Legal change Officers were also paid a 4.3% increase in accordance with the • Working With Children Check determination of the Statutory and Other Officers Remuneration Child Protection Legislation Amendment Act 2002, see page Tribunal. 29 for details. There were no industrial disputes within the Commission during the • Child Death Review Team 2002-03. The Commission continued to negotiate with the Public Children (Care and Protection) Act 1987, see page 35 for Service Association for a new Flexible Working Hours Agreement for details. staff of the Commission. Commission for Children and Young People Act 1998, see During 2002-03, average sick leave taken by Commission staff was page 35 for details. 6.1 days. This compares to an average of 4.9 days for the previous Community Services (Complaints, Reviews and Monitoring) year. Amendment Regulation 2002, see page 35 for details. 84
Major assets Executive Team Ms Gillian Calvert, Commissioner The major assets held by the Commission are leased motor Ms Diane Horgan, Acting Director (to January 2003) vehicles, office equipment, computers, furniture and fittings. Ms Virginia Neighbour, Director (from January 2003) The Commission has no major works in progress at 30 June Mr Stephen Robertson, Manager Policy 2003. Ms Trish Malins, Manager Research Mr Grant Marley, Manager Working With Children Ms Tracey Young, Manager Community Education Management and activities Ms Liz McGee, Manager Administration The Commission did not undertake any management strategy reviews or program evaluations during 2002-03. Staff Management Committee Ms Virginia Neighbour, Director The Commission conducts an internal audit program as required Ms Liz McGee, Manager Administration under the Public Finance and Audit Act 1983. The Internal Audit Mr Jonathan Wood, Information Coordinator Bureau has been engaged as the Commissioner’s internal audit Mr David Burfoot, Policy Officer (from June 2003) agent and four audits were completed in 2002-03. Ms Penelope Irvine, Research Officer (to May 2003) Audit reviews undertaken covered the following areas: Mr Nathan Berton, Trainee (from June 2003) • leave management; • records management; • review of the Commission’s website; and Child Sex Offender Counsellor Accreditation Scheme • use of internet and email facilities. (CSOCAS) Panel Mr Dale Tolliday, Chair The implementation of the audit recommendations are overseen Ms Bronwyn Cintio by the Director who reports quarterly to the Commissioner on Ms Anne Young the status of the implementation program. Dr Chris Lennings Ms Mary-Jo McVeigh Mr Craig Warwicker Management and structure Principal officer Ministerial Advisory Committees and statutory bodies: Commissioner Ms Gillian Calvert NSW Child Death Review Team Bachelor of Arts The purpose of the NSW Child Death Review Team, as specified Bachelor of Social Work in s.103 of the Children (Care and Protection) Act 1987, is to Master of Business Administration prevent or reduce the number of child deaths in NSW. The Team considers children from birth to 17 years and only live births. Young People’s Reference Group
July 2002 – December 2003: January – June 2003: At 30 June 2003 the members of the Team were: Mr Josh Elliott Mr Shawn Broughton Ms Gillian Calvert, Convenor Ms Jessica Beech Mr Andrew Little Dr Judy Cashmore, Deputy Convenor Mr Dorian Sarkissian Mr Angus McDowell Ms Toni Single Mr Paul McKay Mr Rocky Ruperto Superintendent John Heslop Ms Tanya Thompson Mr Matthew Floroz Dr Ferry Grunseit Mr Arthur Cheng Ms Kaila Murnain Dr Michael Fairley Ms Pia Birac Ms Katy Hawkins Ms Helen Kerr Roubicek Mr Lakshanth Shanmugam Ms Kelly Griffiths Dr Elisabeth Murphy Ms Danielle Anthony-Goodwin Ms Amanda Kerslake Associate Professor Jude Irwin Ms Emily Mortimer Ms Holly-Ann O’Donnell Ms Pam Greer Mr William Palmer Ms Christine Shoemark Dr John Feneley Ms Alyce Nelligan Mr Rouel Dayoan Dr Jonathan Gillis Ms Kira Puru Ms Gillian Calvert, Dr Andrew MacDonald Ms Gillian Calvert, Commissioner Commissioner Dr Ian Cameron 85
Ms Ann Maree Gleeson Chief Executive Officers’ Group (Child Protection) Mr Peter Mathews Ms Gillian Calvert, Commissioner Ms Sandie Bredemeyer Child Death Review Team Dr Dianne Little Ms Gillian Calvert, Commissioner
Expert Advisory Group Families First Statewide Advisory Group Ms Gillian Calvert, Commissioner The principal role of the Group is to assist the Commissioner in the exercise of her functions. The Commission’s functions are Ombudsman’s Network detailed in Part 3 of the Commission for Children and Young Ms Gillian Calvert, Commissioner People Act 1998. National Child Sexual Assault Law Reform Committee The members are: Ms Gillian Calvert, Commissioner Dr John Yu, Chairperson Approved Screening Agencies Forum Ms Lyndsay Connors Ms Virginia Neighbour, Director, Convenor Fr John Usher Mr Grant Marley, Manager Working With Children Professor Gwynnyth Llewellyn Senior Officers Group (Child Protection) Mr Michael Antrum Mr Steve Robertson, Manager Policy Dr Robert Parker Professor Ron McCallum NSW Youth Interagency Taskforce Ms Helen L’Orange (from December 2002) Mr Stephen Robertson, Manager Policy
Commonwealth/State Youth Policy Forum Joint Parliamentary Committee Mr David Burfoot, Policy Officer
The functions of the Committee are detailed in Part 6 of the Commonwealth/State Family Policy Forum Commission for Children and Young People Act 1998. Ms Peta Lucas, Policy Officer
Sex Offender Programs Steering Committee To March 2003 From April 2003 Mr Craig Warwicker, Coordinator, Prohibited Employment Ms Marie Andrews, MP Mr John Bartlett MP Ms Diane Beamer, MP Ms Linda Burney MP Mr David Campbell, MP Mr Stephen Cansdell MP Occupational health and safety Mr John Cull, MP Mrs Judy Hopwood MP The Commission was not prosecuted, fined or served an Ms Judy Hopwood, MP Ms Virginia Judge MP improvement notice under the Occupational Health and Safety Mr Wayne Smith, MP Mrs Barbara Perry MP (Chair) Act 2000 during the reporting period. Hon Jan Burnswoods, MLC Hon Jan Burnswoods MLC (Deputy Chair) There were two reported incidents during 2002-03 neither of Hon Alan Corbett, MLC Hon Tony Catanzariti MLC which resulted in a claim being made against the Commission’s Hon Don Harwin, MLC Hon Kayee Griffin MLC Workers Compensation insurance coverage during 2002-03. Hon Peter Primrose, MLC Ms Sylvia Hale MLC Hon Henry Tsang, MLC Hon Melinda Pavey MLC Overseas visits
Statutory and significant interdepartmental bodies No staff travelled overseas during the reporting period. Names and positions of Commission staff as members of significant statutory and significant interdepartmental bodies: Payment of accounts Australian and Pacific Children’s Commissioners Network Ms Gillian Calvert, Commissioner The payment of accounts is closely monitored to ensure accounts are paid in accordance with Clause 18 of the Public Chief Executive Officers’ Group (Aboriginal Affairs) Finance and Audit (General) Regulation 1995 and Treasurer’s Ms Gillian Calvert, Commissioner Direction TD219.01. The Commission did not incur any penalty Chief Executive Officers’ Group (Human Services) interest for the late payment of accounts. Ms Gillian Calvert, Commissioner 86
Aged analysis at the end of each quarter:
Quarter Current Less than 30 days Between 30 Between 60 and More than 90 days (ie within due date) overdue and 60 days 90 days overdue overdue overdue $$ $ $ $
September 31,654 0 0 0 0 December 249 0 0 0 0 March 20,606 0 0 0 0 June 151,624 0 0 0 0
Accounts paid on time within each quarter:
Quarter Total Accounts Paid on Time Total Amount Paid
Target % Actual % $ $
September 95 100 468,507 469,271
December 95 99 644,161 644,743
March 95 99 810,543 898,625
June 95 100 1,341,651 1,346,020
There were no significant events that affected payment performance during the reporting period.
• ‘Ask the Children – Kids speak out about immigration Price determination detention experiences There were no pricing determinations made by the Commission • ‘Ask the Children’ – Children and young people speak about during the reporting period. getting help • ‘Parents, Remember There’s A Limit: Understanding changes to Privacy Management Plan the law about the physical punishment of children’ – poster and brochure published in English, Chinese, Arabic, Serbian, Section 33 of the Privacy and Personal Information Protection Croatian, Vietnamese, Korean, Turkish and Spanish Act 1998 requires public sector agencies to prepare and implement a Privacy Management Plan. Existing Commission publications available free of charge: The Plan has been forwarded to the NSW Privacy Commissioner • ‘A Voice For Kids’ brochure for review. As at 30 June 2003, no feedback had been received • Commission for Children and Young People Annual Report from the NSW Privacy Commissioner. 1999-00, 2000-01, 2001-02 • Feedback 2000, 2001, 2002 Publications • Child Death Review Team Report 1998-99, 1999-00, 2001-02 Publications published during 2002-03: • Fatal Assault of Children and Young People report • Exchange newsletter – Winter, Spring, Summer and Autumn • Fact sheet on key trends from Child Death Review Team editions Reports • Child Death Review Team Annual Report 2001-02 • Fact sheet on key trends in child fatalities from drowning • Commission for Children and Young People Annual Report • Fact sheet on key trends in child fatalities from transport 2001-02 incidents • Feedback 2002 • Exchange • Suicide and Risk-taking Deaths of Children and Young People • Suicide and Risk-taking Deaths of Children and Young People 87
• Working With Children Check Information Kit Risk management and insurance • Working With Children Check information sheets published in The Commission’s risk management obligations extend to all English, Chinese, Korean, Spanish, Vietnamese, Arabic, Greek areas of the management accountability, including staff and Italian performance, budget management, fraud control and • ‘Ask the Children’ – Kids speak out about immigration Commission operations. detention experiences The Commission uses a number of tools to identify and manage • ‘Ask the Children’ – Prescription and Over the Counter Drugs risks as detailed below: – General Practitioners • ‘Ask the Children’ – Prescription and Over-the-Counter Drugs Internal Audits – Pharmacists Internal Audit helps the Commission to maximise efficiency and • ‘Ask the Children’ – Prescription and Over-the-Counter Drugs effectiveness in specific programs and processes. The – Sports Coaches Commission appoints independent auditors to undertake the internal audit reviews. • ‘Ask the Children’ – Prescription and Over-the-Counter Drugs – Teachers and School Staff In line with the Commission’s Internal Audit Plan we completed • Information Sheet One, Including children and young people four audits during the year. The audits focussed on the effectiveness and/or efficiency of: • Information Sheet Two, Listening to children • leave management, resulting in strengthened internal controls • Information Sheet Three, Raising children and improved monitoring process; • Information Sheet Four, Child protection is everyone’s business • records management, resulting in improved documentation of • Information Sheet Five, Reporting abuse and neglect policies and procedures; • Information Sheet Six, Child sexual assault • website security review, resulting in confirmation that controls • Information Sheet Seven, Involving kids in staff selection are in place and are effective in promoting a website that is reliable, secure and efficient; and • internet and email usage, resulting in implementation of Research and development additional controls to further assist in enhancing these Child Death Review Team research environments.
Six Commission staff members worked on the research that The Commission has endorsed and is implementing the forms the basis of the Child Death Review Team Report 2002-03. recommendations of these audits or has put in place alternative Suicide and Risk-Taking Deaths of Children and Young measures so that improvements occur. People research External Reviews One Commission staff member worked on this research during External reviews provide the Commission with an independent 2002-03. assessment of our performance. The Audit Office of NSW is the Sudden unexpected deaths in infancy Commission’s official external auditor and carries out Two Commission staff members worked on this research during comprehensive audits of our annual financial accounts and 2002-03. associated financial systems. Joint research project into children and young people’s There were no specific reviews of the Commission’s activities in well-being with the University of Western Sydney 2002-03 undertaken by the Audit Office of NSW. One Commission staff member worked on this research during An independent review was conducted in 2002-03 to provide 2002-03. the Commission with a Threat and Risk Assessment and Gap Further information about the nature and purpose of the Analysis of the Commission’s Information Security Management Commission’s research activities is available in the main body of Systems and our compliance with AS/NZS 7799 security the report. standards. The NSW Treasury Managed Fund, through the GIO, provides insurance cover for our workers’ compensation, motor vehicles, public liability, property and miscellaneous items. The premium payable in 2002-03 totalled $25,894, compared to $16,474 in the previous year. The increase in premiums is mainly attributed 88
to an increase in the Commission’s Workers Compensation insurance as a result of increased salary costs in 2002-03 compared to 2001-02.
Commission’s claims history 2000-01 to 2002-03:
Claim Type 2000-01 2001-02 2002-03
Workers’ Compensation 0 0 0
Motor Vehicle 1 1 0
Public Liability 0 0 0
Property 0 0 0
Miscellaneous 0 0 0
Total 0 1 0
Waste Reduction Policy and Purchasing Plan
The Commission has continued its commitment to the NSW Government’s Waste Reduction and Purchasing Policy. Our 2002-03 Waste Reduction and Purchasing Policy Plan is designed to assist Commission staff reduce the generation of waste, treat waste as a potential resource and increase the use of recycled materials.
The outcomes for 2002-03 are detailed below: • where appropriate, documents are forwarded and filed electronically to reduce paper use; • paper used for draft documents is recycled for notebooks; • returning 100% of empty printer toner cartridges for reuse; • reusing package wrapping; • participated in a computer re-use pilot in conjunction with the Office of Information and Technology; and • purchasing printer toner cartridges with a recycled component.
In 2003-04 the Commission will continue to implement our Waste Reduction and Purchasing Policy Plan with the emphasis on improving data collection systems to report our progress and increasing the range and quantity of materials which have a recycled content. Acknowledgments
Our thanks to the children and young people who took the photographs for this report – Dorian, Amanda, Peta, Angus, Shawn, Andreas, Jessica, James, Andrew and Nathan. Finally, we thank all the children and young people who gave us their opinions and views on a range of topics - their quotes appear throughout this report.
© NSW Commission for Children and Young People 2003
Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the NSW Commission for Children and Young People, Level 2 407 Elizabeth St, Surry Hills NSW 2010.
ISSN 1444-7649 NSW Commission for Children and Young People Level 2, 407 Elizabeth St, Surry Hills NSW 2010 Telephone: 61 2 9286 7276 Facsimile: 61 2 9286 7267 TTY: 61 2 9286 7286 Email: [email protected] Website: www.kids.nsw.gov.au Business Hours: 9am – 5pm, Monday – Friday.