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HUMAN RIGHTS COMMISSION (CHILDREN AND YOUNG PEOPLE COMMISSIONER) AMENDMENT ACT 2005 (NO. 46 OF 2005 ) - SECT 13

New division 3.3

insert

Division 3.3     Children and young people commissioner

19A     Appointment of children and young people commissioner

    (1)     The Executive must appoint a person to be the Children and Young People Commissioner.

Note 1     For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2     In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

    (2)     However, the Executive must not appoint a person as children and young people commissioner unless satisfied that the person has the experience or expertise necessary to exercise the functions of the commissioner.

    (3)     The children and young people commissioner must not be appointed for a term of longer than 5 years.

Note     A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def  appoint ).

    (4)     The conditions of appointment of the children and young people commissioner are the conditions agreed between the Executive and the commissioner, subject to any determination under the Remuneration Tribunal Act 1995 .

Note     The children and young people commissioner's appointment may be ended under s 29.

19B     Children and young people commissioner's functions

    (1)     The children and young people commissioner has the following functions:

        (a)     to exercise functions for the commission in relation to services for children and young people;

        (b)     to exercise any other function given to the commissioner under this Act or any other territory law.

    (2)     The exercise of the function mentioned in subsection (1) (a) is subject to any decision of the commission about the exercise of its functions in relation to services for children and young people.

    (3)     In exercising the children and young people commissioner's functions, the commissioner must endeavour to—

        (a)     consult with children and young people in ways that promote their participation in decision-making; and

        (b)     listen to and seriously consider the views of children and young people; and

        (c)     ensure that the commission is accessible to children and young people; and

        (d)     be sensitive to the linguistically and culturally diverse backgrounds of children and young people.

19C     Advisory committees for services for children and young people

    (1)     The commission may establish advisory committees to assist the commission to exercise its functions in relation to services for children and young people.

    (2)     Without limiting the people who may be appointed to an advisory committee, the commission may appoint children and young people, and people with experience or expertise in relation to services for children and young people, to the committee.



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