the role of Assistant Minister for Children and Families is in its infancy and how it will engage is unknown. 29. Since Australia’s fourth periodic report in 2012, the Standing Council on Community and Disability Services has been discontinued. This means that no ministerial council has direct accountability for the wellbeing of Australia’s children. Endorsement by a ministerial council for the National Framework for Child Safety was recommended by the National Royal Commission.18 Recommendation 5: The Australian Government develops a National Plan for Child Wellbeing, incorporating the National Framework for Child Safety, using the CRC as its foundation. Recommendation 6: Australian Governments facilitate a nationally consistent, standardised model for checking the suitability of people in child-related work across all jurisdictions. Recommendation 7: Australian Governments establish a Standing Ministerial Council to oversee the National Plan for Child Wellbeing and the National Framework for Child Safety. 2.4 Independent monitoring 30. State and territory Children’s Commissioners/Guardians and Ombudsmen have independent monitoring powers across Australia. Their powers vary and can include oversight of child protection, out-of-home care, juvenile justice systems, and complaints. 31. The NCC does not have the legal mandate to monitor or deal with complaints about individual children. 32. While the Commission can investigate and conciliate complaints of breaches of rights set out in the CRC, recommendations made by the Commission are not legally enforceable. The Commission also handles complaints under national discrimination law, including discrimination on the basis of age. 33. The Australian Government ratified the Optional Protocol to the Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (OPCAT) in 2017.19 This will provide monitoring bodies for places, including where children are deprived of their liberty. The Commission sees it as critical to ensure a child-specific focus is included in monitoring processes. 6

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