Senate Community Affairs Legislation Committee, , 8:49:02 to 8:51:32
Chief Counsel explains the statutory powers and inquiry remit of the National Commissioner for Aboriginal and Torres Strait Islander Children and Young People.
Topics: First Nations, Child safety
Speakers: Bronwyn Worswick, Senator Lidia Thorpe, Unknown Speaker, Ellie Whiteaker
Um good afternoon, Senator. My name's Bronwyn Worswick, I'm the Chief Council of the Department. Um so I I will just refer you to the National Commissioner's legislation. So her powers, Ms. Hunter's powers exist under the National Commissioner for Aboriginal Toast Island Children Young People Act. Um she's got a statutory power to conduct inquiries into matters that relate to her functions, which are defined in Division 2 of the Act. Um so you've probably already been made aware of those at some point, but basically the um inquiry and research powers that she has fall into the following broad topics systemic issues that affect or may affect the rights, interests, development, safety or well being of Aboriginal and Toast Strait Islander children and young people. Matters in a request from a minister that is accepted by the National Commissioner. Under another part of her legislation or matters that are referred to her under section 19 of her legislation. So her primary inquiry remit extends to Aboriginal and Torres Strait Islander children and young people, but by incidentally, she would also have the ability to cover matters that are directly connected to that central topic.
But she couldn't sample embark.
Yeah, she couldn't embark on an inquiry into a matter that was outside or didn't have a systemic connection to that central topic.
So she could include non-Aboriginal children and families into an inquiry. Is that correct?
I think it would be better to it it it would obviously depend on what her um intentions were and how she set out her purposes, but to the extent that uh persons who weren't Aboriginal Torres Strait Islander children or young people were incidentally relevant to that question that they would not necessarily be excluded from her um her consideration.
Well, yeah, I would think that um that'd be very relevant because all kids are being harmed by the same system. I just have one more question for the Minister, thanks, Chair.
Great, go ahead.