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version of this Act. 9 3 Schedules 10 Legislation that is specified in a Schedule to this Act is amended or 11 repealed as set out in the applicable items in the Schedule 12 concerned, and any other item in a Schedule to this Act has effect 13 according to its terms.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