Act No. 6 of 2019. Introduced by /u/AnswerMeNow1. Assented to 2019-02-08.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Protection and Detention of Children
(Omnibus) Bill 2019
No. , 2019
(AnswerMeNow1)
(Written by Tobycool2001_1)
A Bill for an Act to implement the
recommendations of the Royal Commission and
Board of Inquiry into the protection and detention
of children in the Northern Territory, and for
related purposes.
Contents
1 Short title ...................................................................................................... 1
2 Commencement ............................................................................................ 1
3 Schedules...................................................................................................... 2
Schedule 1—Royal Commissions Act 1902 3
Royal Commissions Act 1902 3
Schedule 2— Freedom of Information Act 1982 4
Freedom of Information Act 1982 4
47AA Documents related to vulnerable witnesses .......................................... 4
Schedule 3— Health Insurance Act 1983 5
Health Insurance Act 1983 5
No. , 2019 Protection and Detention of Children (Omnibus) Bill 2019 i
1 A Bill for an Act to implement the
2 recommendations of the Royal Commission and
3 Board of Inquiry into the protection and detention
4 of children in the Northern Territory, and for
5 related purposes.
6 The Parliament of Australia enacts:
7 1 Short title
8 This Act is the Protection and Detention of Children (Omnibus)
9 Bill 2019.
10 2 Commencement
11 (1) Each provision of this Act specified in column 1 of the table
12 commences, or is taken to have commenced, in accordance with
No. , 2019 Protection and Detention of Children (Omnibus) Bill 2019 1
1 column 2 of the table. Any other statement in column 2 has effect
2 according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of The day this Act receives the Royal Assent.
this act
3 Note: This table relates only to the provisions of this Act as originally
4 enacted. It will not be amended to deal with any later amendments of
5 this Act.
6 (2) Any information in column 3 of the table is not part of this Act.
7 Information may be inserted in this column, or information in it
8 may be edited, in any published version of this Act.
9 3 Schedules
10 Legislation that is specified in a Schedule to this Act is amended or
11 repealed as set out in the applicable items in the Schedule
12 concerned, and any other item in a Schedule to this Act has effect
13 according to its terms.
No. , 2019 Protection and Detention of Children (Omnibus) Bill 2019 2
Royal Commissions Act 1902 Schedule 1
1 Schedule 1—Royal Commissions Act 1902
2 Royal Commissions Act 1902
3 1 Section 1B
4 Insert:
5 Child in care means a person who is or was the subject of child
6 protection agreements.
7 Vulnerable witness means:
8 (a) a person under 21 years of age; or
9 (b) a person, regardless of age, who is or was in a juvenile justice
10 detention centre, correctional centre or other secure
11 residential facility; or
12 (c) a person who is or was a *child in care; or
13 (d) a person:
14 (i) who is a parent, step-parent, sibling, or a grandparent of
15 the *child in care; or
16 (ii) who is or was acting as or regarded as the parent of the
17 *child in care;
18 in relation to information or evidence they provide to the
19 Commission regarding the *child in care; or
20 (e) a person with cognitive disability or mental illness; or
21 (f) any other person the Secretary to the Royal Commission
22 determines to be a *vulnerable witness.
23 2 Subsection 2(1)
24 After “Commission” (first occurring), insert “or any legal practitioner
25 appointed by the Attorney-General to assist a Commission”.
26 3 Paragraph 6OM(1)(b)
27 After “session;”, insert “or”
28 4 After paragraph 6OM(1)(b)
29 Insert:
30 (c) that relates to and identifies a *vulnerable witness;
No. , 2019 Protection and Detention of Children (Omnibus) Bill 2019 3
Freedom of Information Act 1982 Schedule 2
1 Schedule 2— Freedom of Information Act 1982
2 Freedom of Information Act 1982
3 5 After section 47A
4 Insert:
5 47AA Documents related to vulnerable witnesses
6
(1) A document is an exempt document if it relates to and identifies a
7
*vulnerable witness.
8 (2) In this section:
9 Vulnerable witness means:
10 (a) a person under 21 years of age; or
11 (b) a person, regardless of age, who is or was in a juvenile justice
12 detention centre, correctional centre or other secure
13 residential facility; or
14 (c) a person who is or was a *child in care; or
15 (d) a person:
16 (i) who is a parent, step-parent, sibling, or a grandparent of
17 the *child in care; or
18 (ii) who is or was acting as or regarded as the parent of the
19 *child in care;
20 in relation to information or evidence they provide to the
21 Commission regarding the *child in care; or
22 (e) a person with cognitive disability or mental illness; or
23 (f) any other person the Secretary to the Royal Commission
24 determines to be a *vulnerable witness.
No. , 2019 Protection and Detention of Children (Omnibus) Bill 2019 4
Health Insurance Act 1983 Schedule 3
1 Schedule 3— Health Insurance Act 1983
2 Health Insurance Act 1983
3 6 After subsection 19(6)
4 Insert:
5 (7) A professional service that has been rendered by, or on behalf of, or
6 under an arrangement with:
7 (g) the Commonwealth; or
8 (h) a State; or
9 (i) a local governing body; or
10 (j) an authority established by a law of the Commonwealth, a
11 law of a State or a law of an internal Territory;
12 in relation to persons in youth detention is exempt from
13 subsection 19(2).
No. , 2019 Protection and Detention of Children (Omnibus) Bill 2019 5