18. The PJCHR assesses whether legislation is consistent with Australia’s
human rights obligations. All federal legislation is required to be
accompanied by a ‘Statement of Compatibility with Human Rights’. The
PJCHR raises concerns when it believes that legislation places an
unjustifiable limitation on human rights. However, legislators are under no
obligation to amend bills to reflect these concerns.7
19. While the NCC welcomes the work of the PJCHR, she would like to see
specific child rights and wellbeing impact assessments undertaken on all
legislative and major policy changes that affect children's rights.
Recommendation 3: The Australian Government fully incorporates into
Australian law its human rights obligations to children, by bringing its
domestic laws and practice into conformity with the principles and
provisions of the CRC, including by ensuring that effective remedies are
available.
Recommendation 4: The Australian Government introduces child rights and
wellbeing impact assessments on legislative changes that affect children's
rights.
2.3
Coordination and National Plan of Action
20. There is no national level coordination of the many policy initiatives that
exist across all governments relating to children. Nor is there a national
plan of action for the realisation of the principles and provisions of the
CRC for children in Australia.8
21. National initiatives concentrate on challenges facing specific groups of
children. For example, the National Framework for Protecting Australia’s
Children (2009–2020) primarily focuses on child abuse and neglect; Closing
the Gap addresses the needs of Aboriginal and Torres Strait Islander
peoples, including children. Other initiatives acknowledge children, such as
the National Plan to Reduce Violence against Women and their Children
(2010–2022), but children are not the critical focus.
22. The recent Royal Commission into Institutional Responses to Child Sexual
Abuse (National Royal Commission) found that, across Australia, many
institutions over many years failed to protect children from abuse. In its
final report, in December 2017, it made 409 recommendations. The
Australian Government accepted, or accepted in principle, most
recommendations directed at it, with 18 recommendations listed ‘for
further consideration’ or ‘noted’.9 The Commission welcomes the
4