Are you listening to us? The Case for a
Victorian Children and Young People's Commission
EXECUTIVE SUMMARY
The proposal for a Children and Young People’s
Commission
There is increasing recognition of the need to improve the
status of children and young people in the community. This is evident
in the establishment of Commissions for Children and Young People both
overseas and in several Australian states.
In light of this, the Youth Affairs Council of Victoria
Inc. (YACVic), the peak body and leading policy advocate on young people’s
issues in Victoria, proposes the establishment of a Children and Young
People’s Commission in Victoria
The report is divided into two sections. Part one details
why Victoria needs a Children and Young People’s Commission and examines
existing models to determine the characteristics of effective Commissions.
Part two outlines the proposed model for a Victorian Commission.
The role of a Children and Young People's
Commission
The Commission would have a unique responsibility for protecting
and promoting the rights of children and young people at a state level.
It would also have a broad overview of the issues affecting children and
young people in government, non-government and commercial sectors.
The Commission will further the Victorian Government's commitment
to placing children and young people at the centre of government policy,
providing a vital mechanism to promote a 'whole-of-government' approach
on issues relating to children and young people.
The role of the Commission would complement and add to the
work of existing bodies in Victoria such as the Equal Opportunity Commission
and the Ombudsman. These bodies do not have an exclusive focus on issues
affecting children and young people and are limited in their ability to
address issues such as the rights of children and young people. An Office
that is dedicated to the interests and rights of children and young people
would be better able to advocate on their behalf and improve their status
within the community.
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The impact of a Children and Young People’s
Commission
YACVic believes that the work
of the Commission would have a significant impact on the status of children
and young people. For example, the Commission could:
- Monitor consumer protection mechanisms and practices which impact
directly on young people. The Commission could initiate an investigation
into the use of mobile phones by young people and the possible risk
of their being exploited by mobile phone contracts.
- Examine and analyse existing and proposed laws, policies and practices
as to their impact on children and young people and be proactive in
lobbying for change.
- Raise awareness of disciplinary processes employed in government and
non-government schools. The Commission could promote public education
about the rights and responsibilities of schools, children and young
people in relation to expulsion and other disciplinary measures.
- Initiate and advocate best practice models of children and young people’s
consultation and participation for all levels of government, business
and non-government agencies.
- Undertake systemic advocacy on behalf of groups of children and young
people who are particularly vulnerable and disempowered, for example,
homeless young people who seriously misuse alcohol and other drugs.
Work with local governments in developing mechanisms to respond to complaints
about private security officers in shopping centres.
- Provide timely and expert advice and assistance to young people and
their families seeking to make individual complaints by referring them
to the appropriate complaint-handling body. The Commission could be
available for follow-up support if required. In providing this assistance,
the Commission could assess and suggest improvements to existing complaints
mechanisms.
- Draw upon information from the complaints to develop systemic advocacy
strategies. For example:
The Commission would identify trends in complaints about the lack
of public transport in regional and rural areas. The Commission would
initiate an inquiry into timetabling and service routes and make recommendations
about reducing the isolation of children and young people in regional
and rural areas. By monitoring trends in complaints about bullying,
the Commission could assist government and non-government schools to
further develop best practice strategies to counter bullying. 1
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The principles that underpin a Children
and Young People’s Commission
Having identified the strengths and weaknesses of Commission
models in Australia and overseas, YACVic proposes the following principles
as being fundamental to a Commission in Victoria:
- Independence - accountable to Parliament in order to ensure objectivity
and candor.
- Statutory powers - established by legislation which gives the Commission
the necessary authority to carry out its functions.
- Focus on children and young people up to the age of 18 - ensure the
rights and interests of children and young people are not overlooked
in favour of those of adults.
- Adequate resources - commensurate with the responsibilities of the
Commission and determined by Parliament.
- Broad perspective - broad jurisdiction that takes into account all
levels of government, non-government and commercial organisations which
impact on children and young people.
- Accessibility - ensure the Commission is accessible to all children
and young people and recognises the diversity of children and young
people.
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Functions and responsibilities of a Children
and Young People’s Commission
YACVic proposes that a Children and Young People's Commission
should have the following functions:
- involve and engage young people perform an advocacy role
- review existing and proposed legislation
- monitor policies and practices
- initiate and conduct inquiries report and make recommendations to
Parliament
- provide information, referral and assistance to complainants
- research crucial issues promote public education programs promote
models of child and youth participation in decision making
- apply for standing before the court in special selected cases involving
the rights of children and young people
- form partnerships with other statutory bodies
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Location and accountability of a Children
and Young People’s Commission
YACVic proposes that an Act of Parliament establish the
Children and Young People’s Commission as an independent Office with
the Convention of the Rights of the Child as it’s guiding charter.
The Commission would be answerable to Parliament and the
Commissioner appointed by Parliament. He or she would be able to be removed
only by a joint sitting of Parliament.
The Commission would report to Parliament annually and on
specific issues as they arise.
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Future developments
YACVic welcomes responses to this discussion paper to enable
further discussion about the model presented.
Contact
Youth Affairs Council of Victoria Inc.
Level 6, 1 Elizabeth Street, Melbourne, 3000
Telephone: (03) 9612 8999, Fax: (03) 9620 4802
Email: info@yacvic.org.au
Website: http://www.yacvic.org.au
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