Rich Katherine: Children’s Commissioner Bill — In Committee 
Rich Katherine: Children’s Commissioner Bill — In Committee 
[Volume:613;Page:9895] 
KATHERINE RICH (National) 
: 
 Before I get into some of the specifics of Part 2 I think it is worthwhile just taking at look at parts of the Supplementary Order Paper that relate to the particular part the Minister has just put through the Committee. The whole point of the Commissioner for Children Bill is to increase the amount of independence and strength that the Commissioner for Children has but if we look at some of the clauses in the Supplementary Order Paper that has just been supported by Labour we can see that the clauses are designed to claw back any of the independence and strength that this bill could have given the commissioner. I find it extraordinary that the Minister has put in a few clauses that basically allow him to control the work of the commissioner to review the operations and performance of the commissioner at any time and also to require the commissioner to supply the Minister with any information reasonably required and requested by him. That basically leaves everything absolutely wide open. That means the Minister can ask for any information whatsoever and the commissioner will be in a position—unless he or she has certain reasons for not providing that information—to hand it over. 
I ask members to look at the recent case of Saliel Aplin and Olympia Jetson. That investigation basically required the Commissioner for Children to ask the families involved for some very sensitive information. The commissioner had to do some very sensitive investigations and build a rapport with people who had information about the case. These particular clauses make it quite clear that the Minister is now in a position to ask for any information from the commissioner that he so chooses and I think that very much compromises the independence we were hoping this bill would provide the Commissioner for Children in her work. 
Part 2 very clearly spells out the sort of person who cannot be a commissioner and although it seems common sense it is important to restate that. The commissioner is not allowed to be an undischarged bankrupt or someone who has a conviction and certainly not someone who has any convictions to do with children because that would be quite ridiculous. Unfortunately in this day and age when some people can provide CVs that only can be described as pieces of creative writing it is important to restate these sorts of clear indications of the sort of person we want to as a commissioner. 
I look now at the general functions. Once again we see restated the important role the commissioner has to investigate any decision or recommendation made in respect of any child or in that child’s personal capacity. That allows the commissioner to investigate any aspect relating to the treatment of a child or the life of a child in this country and therein lies the nub of the reason that we have a children’s commissioner in the first place. Importantly the role of the commissioner is to raise awareness and understanding of children’s interests and rights and that is why a commissioner needs to be incredibly independent and not able to be manipulated or controlled by the Minister in any way. So in terms of the Supplementary Order Paper we have seen I am concerned by some of the changes that have been made at the last minute.I think the Minister should take a call to explain the reasons for slipping in those clauses at the last minute. 
Lindsay Tisch 
: Sneaky. 
KATHERINE RICH 
: As my colleague has just mentioned it is very sneaky to do that at the last minute when the bill is very close to being passed. 
The commissioner also has to raise awareness in other ways and she will do that by commissioning research into any matter she sees fit—mainly of course research to do with the welfare of children. Once again to be able to do that job effectively the commissioner needs to be aware that she is totally independent and at arm’s length from ministerial control. That is why I am concerned by some of the changes the Minister has made. I invite the Minister in the chair Steve Maharey to stand up and allay my concerns and tell me that that is not the intention with some of those last-minute changes because it is an important role.