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.
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