Why establish a national children’s commissioner?

The wellbeing of Australian children is undermined by the lack of a national agenda – developed in consultation with children – that prioritises children’s rights and responsibilities across the country.
The roles of existing state and territory children’s commissioners vary between jurisdictions – some take a broad focus on enhancing children’s wellbeing in the community while others concentrate on child protection and safety. There are considerable gaps in coverage (for example, children in immigration detention).

Children are vulnerable to human rights violations yet they do not have any political power or influence on government agendas and have limited access to complaint mechanisms, legal systems and courts.

A national children’s commissioner would promote and protect the rights of all children and young people nationally under the United Nations Convention on the Rights of the Child (UNCRC). Many of these rights have not yet been enshrined in Australian legislation, which heightens the risk of violations of these rights.

A national children’s commissioner would provide national leadership and monitor and advocate for the wellbeing of children and young people.

The role would ensure that children do not continue to fall through the gaps in government policy and that their rights are properly upheld.

Important characteristics of a national children’s commissioner

A national children’s commissioner should be independent and equipped with broad powers to examine issues that fall within his or her mandate. For a national children’s commissioner to be effective, the commissioner would need adequate resources and the scope to provide an independent voice for children. The views of children should be reflected in all aspects of the commissioner’s work.

Responsibilities of a national children’s commissioner

Responsibilities should include to:

• Influence policy-makers and those working with children to recognise and implement the rights of children and young people;
• Provide a voice for children and a channel of communication between children and government;
• Ensure that children can effectively speak up when their rights are violated;
• Review existing laws, propose new policies, conduct research and inquiries, and report to Parliament on the status of children in Australia;
• Monitor the Australian Government’s compliance with the UNCRC and its reporting obligations;
• Focus on systemic issues impacting on Indigenous children and other groups at risk;
• Monitor implementation of the National Framework for Protecting Australia’s Children 2009-2020, the Federal Government’s 12-year plan aimed at combating child abuse and neglect;
• Support civil society awareness and initiatives that reflect good practice in advocacy and the participation of children;
• Intervene in legal cases involving the rights of children and young people; and
• Recommend measures to co-ordinate policies, programs and funding – in areas affecting children and young people – between federal, state, territory and local governments.

The case for a national children’s commissioner

In 2005, the United Nations Committee on the Rights of the Child recommended that Australia adopt a national framework for children, enshrined in federal legislation, to make state-based children’s policies more consistent and to increase accountability. Article 4 of the UN Convention on the Rights of the Child states: “Governments must undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognised in the Convention.”

Poverty, child abuse, poor education standards and social disadvantage cannot be tackled effectively without recognising the value of children in the community. This means giving them a voice at a national level and properly addressing children’s rights to promote their growth and development.
Improvements in all areas, including health and education and responding to disadvantaged and Indigenous children, will help all children succeed in life.

The need for greater protection of children’s rights is highlighted when one considers that:

• An estimated 1,530 Australian children died as a result of abuse or neglect in 2006;
• Over-crowded conditions in juvenile detention centres force some Australian children into adult facilities; and
• Nearly half of Australia’s 100,000 homeless people are younger than 25.

Indigenous children are particularly at risk. They are six times more likely to be involved with the statutory child protection system than non-Indigenous children. And figures released in November 2009 show that Indigenous young people are almost 30 times more likely to be detained than their non-Indigenous counterparts.

The development of a broad national policy framework that integrates child, youth and family policy would optimise children’s wellbeing and support them in leading valuable lives.

Key elements of an effective framework would include greater protection from violence, appropriate working conditions for families, an effective public education system, a child-friendly legal system and better participation of children and young people in all decision-making that affects them.

Save the Children Australia surveyed nearly 1,200 people on children’s rights to mark the 20th anniversary of the United Nations Convention on the Rights of the Child on 20 November 2009 and found that:

• 78% of Australians surveyed would like to see a role in the national capital for a person who stands up for the rights of children and young people;
• 85% believe that children and young people should be consulted on major decisions that affect their lives; and
• 47% are concerned that the views of children in their family or in the community do not have equal value to those of adults.

The success of New Zealand’s National Children’s Commissioner, established 20 years ago, provides compelling evidence that a similar statutory authority would benefit Australian children and young people – and the whole community.

 New Zealand’s National Children’s Commissioner has made a significant contribution to preventing violence against children, invited children to express their views on policies and laws that impact them and supported some important legislative changes, including the ban on corporal punishment in schools in 1990.

Britain, Sweden and Norway also have national children’s commissioners to promote child protection, child participation in policy formulation and a broad understanding of children’s rights.

The appointment of an Australian national children’s commissioner is an important step in building a society that values children and young people and listens to their views. Such a role would provide a champion at the federal level for the development of public policy that serves the best interests of children and young people – and the wider community.

References and Further Reading

Australian Human Rights Commission 2009, Anniversary Calls for New National Children’s Commissioner, viewed 24 March 2010.

Defence for Children International 2010, Taking Australia’s Children Seriously – A Commission for Children and Young People, DCI Australia, viewed 24 March 2010.

National Children’s and Youth Law Centre 2010, viewed 24 March 2010.

Policy, Research and Advocacy Department
March 2010