Child Rights Impact Assessment (CRIA)
tool—Safeguarding Children
The National Children’s Commissioner developed
Australia’s first national Child Rights Impact
Assessment (CRIA) tool—Safeguarding Children
in October 2023. Developed with support from
UNICEF Australia, it provides an opportunity for
decision-makers, across all jurisdictions, to assess
and monitor the impacts of policy and legislation
on children’s rights and wellbeing, not only in
emergency situations, but in all government
decisions that affect children and their families every
day. It also provides a mechanism for strengthening
the voices of children and prioritising their needs.
The CRIA uses the Convention on the Rights of
the Child (CRC) as the framework to assess these
impacts. All the rights included in the CRC are
necessary to the basic development of a child. No
one right is given more importance than any other.
They function as integrated components which can
impact all aspects of a child’s or family’s life.
The Commission continues to conduct briefings
across government departments on the Child
Rights Impact Assessment Tool (CRIA) for use by
government decision-makers to assess the direct
and indirect impact of legislation and policy on
children’s rights and ensure that the UN CRC,
including children’s voices and priorities, is built into
government decisions that will impact on their lives.
The 2024 report released by the Australian
Government Senate Inquiry on the Climate Change
Amendment (Duty of Care and Intergenerational
Equity) Bill - known as the Duty of Care Bill recommended that the Australian Government
consider the wide use of the Child Rights Impact
Assessment Tool to assist in policy development and
decision making.
The wider use of the CRIA supports the National
Children’s Commissioner’s Term Goal 3 to strengthen
scrutiny of the legal and policy frameworks to
protect children’s rights and wellbeing.
Sexual Orientation, Gender Expression
and Identity and Sex Characteristics
(SOGIESC) Engagement
Despite many recent and hard-fought-for advances
towards equality, escalating complexities are
confronting and obstructing the advancement
of the rights of people with diverse sexual
orientation, gender expression and identity, and sex
characteristics (SOGIESC). This is occurring both
domestically and internationally.
The Commission’s engagement with LGBTIQA+
communities has significantly increased this
reporting period. The Commission engaged as
a ‘friend‘ (amicus curiae) of the Federal Court of
Australia in the Tickle v Giggle case. The Commission
assisted the Court by providing submissions
about the meaning, scope and validity of relevant
provisions of the Sex Discrimination Act 1984 (Cth).
With the leadership of the Sex Discrimination
Commissioner, the Commission has met with
LGBTIQA+ community stakeholders across the
country, and has publicly advocated at both
domestic and international conferences for trans
and gender diverse people’s human rights to be
upheld while dispelling harmful assumptions that
the rights of this group will infringe on the rights
of cisgender women and girls. This includes the
Sex Discrimination Commissioner submitting a
recorded statement for the 56th Human Rights
Council Session, to be played during an interactive
dialogue with the UN Independent Expert on Sexual
Orientation and Gender Identity (SOGI).
Stakeholders have shared that this increased
engagement has been welcome, especially at a time
where there is concern about the lack of progress
from Federal state and territory governments on
LGBTIQA+ issues.
One stakeholder reached out with this message:
“[Commissioner Cody].. was so great at the
Our Watch launch today and hearing her talk
about the case you’ve been involved in this
week [Tickle v Giggle] gave me hope.”
Annual Report 2023–2024 • 29