CHILDREN’S RIGHTS


that this number understates the prevalence of child abuse and neglect in Western Australia.21 The Commissioner’s proposed child abuse complaints support role could, in effect, have the potential to more accurately report on the number of child abuse notifications in the state, and it may crucially develop ways to break down reporting barriers. It is now a priority for the Committee that this role, if implemented, be a positive addition to the child protection landscape. The Committee seeks to help ensure that the implementation of this role does not add unnecessarily to the reporting burden of any child who has suffered abuse.


This proposal would then go on to be included as a term of reference for the statutory review of the Commissioner’s Act. A further impact on the statutory review was that on 11 January 2013, her Excellency Quentin Bryce, (then) Governor- General, appointed the Royal Commission to inquire into institutional responses to child sexual abuse. The Letters Patent provided that the Commissioners provide a just response for people who have been sexually abused and ensure institutions achieve best practice in protecting children in the future.17 The statutory review,


completed in May 2013 by the independent reviewing body, was provided to the Attorney General, yet was not released. The current Committee, established also in May 2013, determined quickly that the delay in the release of the statutory review leant significant uncertainty to the role of the Commissioner; hence, the Committee utilised its powers as a parliamentary committee to make recommendations to the Government to release the report. The report of the statutory


review was ultimately tabled on 20 August 2014, during which the Attorney General advised that the Government provided in-principle support to each of the recommendations. Yet, it announced that any implementation of the Commissioner’s function as recommended by Blaxell (newly coined in the statutory review as a child abuse complaints support function)18


the final recommendations of the Royal Commission could be considered.


In addition to this delay, the detail provided was ambiguous as to the way in which this child abuse complaints support function should operate. Also it was unclear what impact this may have on the future advocacy role of the Commissioner. The Committee therefore considered its response to the review and determined that as part of its oversight and accountability role it would undertake its own inquiry into how the proposed child abuse complaints support function should operate. Of paramount importance to this work will be the Committee’s


96 | The Parliamentarian | 2015: Issue Two would be delayed until


assessment of the role of the Commissioner with regard to other relevant agencies in the state that are involved in the reporting of child abuse. The proposed child abuse complaints support function must allow the Commissioner to become a trusted avenue for people to be made aware of the issues surrounding child abuse and to raise their concerns about child abuse. For this to occur, the role will need the support of, and be supportive of, the existing child protection framework. The Commissioner’s most recent report The State of Western Australia’s Children and Young People19


To effectively achieve these aims, the Committee must look beyond the mechanics of how this complaints role might operate and consider the current advocacy role of the Commissioner to determine whether the model prescribed under the Act is strong enough to adequately support the needs and interests of all the children in the state, or alternatively, if a strengthening of this role is required under the legislation. A ‘key principle’ to be


notes that during


the 2011–12 reporting period, 13,745 notifications of abuse or neglect of a child or young person were received by the relevant authorities in Western Australia. Due to a quirk in the data collection, this statistic is only based on those departments directly responsible for child protection. Notifications made to other organisations, such as the police or non-government organisations, are not necessarily included;20


therefore, it is likely


observed by the Commissioner (and the Committee) in carrying out or performing any functions under the Act is one stating that “the Commissioner or any other person must regard the best interests of children and young people as the paramount consideration.”22


The Act


contemplates other principles that must be observed in the administration of the Act, including that “children and young people are entitled to live in a caring and nurturing environment and to be protected from harm and exploitation.”23


The more specific functions of the Commissioner include advocacy for children and young people; the promotion of strategies and outcomes


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