{"id":"a-2022-25","name":"Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022","slug":"aboriginal-and-torres-strait-islander-children-and-young-people-commissioner-act-2022","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"25 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":22976,"registerId":"act-a-2022-25-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAboriginal and Torres Strait Islander\nChildren and Young People\nCommissioner Act 2022\nA2022-25\nRepublication No 1\nEffective: 15 December 2022\nRepublication date: 15 December 2022\nAct not amended\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Aboriginal and Torres Strait Islander Children and Young People\nCommissioner Act 2022 (including any amendment made under the Legislation Act 2001, part\n11.3 (Editorial changes)) as in force on 15 December 2022. It also includes any commencement,\nrepeal or expiry affecting this republished law.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAboriginal and Torres Strait Islander\nChildren and Young People\nCommissioner Act 2022\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\nPart 2 Objects and important concepts\n6 Objects of Act 4\n7 Aboriginal and Torres Strait Islander cultural principles 5\n\nContents\nPage\ncontents 2 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Office of the Aboriginal and Torres Strait\nIslander Children and Young People\nCommissioner\nDivision 3.1 Establishment of commissioner’s office etc\n8 Establishment of commissioner’s office 7\n9 Independence of commissioner’s office 7\nDivision 3.2 Aboriginal and Torres Strait Islander Children and\nYoung People Commissioner\n10 Appointment of commissioner 7\n11 Commissioner’s functions 9\n12 Annual statement by commissioner 10\n13 Ending commissioner’s appointment 11\n14 Delegation of commissioner’s functions 12\n15 Cooperation with human rights commission 12\nDivision 3.3 Staff etc of commissioner’s office\n16 Advisory committees 12\n17 Arrangements for staff and facilities 12\n18 Consultants and contractors 13\n19 Engagement of lawyer by commissioner 13\nPart 4 Advocacy and inquiry by commissioner\nDivision 4.1 Inquiry by commissioner\n20 Commissioner may conduct inquiry 14\n21 Conduct of inquiry 14\n22 Notice of inquiry 15\n23 Recommendation in relation to inquiry 15\nDivision 4.2 Advocacy by commissioner for individuals\n24 Recommendation in relation to advocacy 16\nDivision 4.3 Report in relation to inquiry etc\n25 Report in relation to inquiry or matter of public importance 16\nPart 5 Information gathering and sharing\n26 Definitions—pt 5 18\n\nContents\nPage\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n27 Power to require information, documents and other things 18\n28 Limit on power to ask for information, documents and other things—\nidentifying information 19\n29 Limit on power to ask for information, documents and other things—\nconsent for personal information 20\n30 Failure to give information, document or other thing 21\n31 Power to require attendance 21\n32 Failure to attend 22\n33 Abrogation of privilege against self-incrimination 23\n34 Information sharing—human rights commission 24\n35 Secrecy 25\nPart 6 Miscellaneous\n36 Protection of officials from liability 27\n37 Protection of others from liability 27\n38 Regulation-making power 27\nDictionary 28\nEndnotes\n1 About the endnotes 33\n2 Abbreviation key 33\n3 Legislation history 34\n4 Amendment history 35\n\n\n\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAboriginal and Torres Strait Islander\nChildren and Young People\nCommissioner Act 2022\nAn Act to establish the office of the Aboriginal and Torres Strait Islander\nChildren and Young People Commissioner, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Aboriginal and Torres Strait Islander Children and\nYoung People Commissioner Act 2022.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘protected information, for part 5\n(Information gathering and sharing)—see section 26.’ means that the\nterm ‘protected information’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of this Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\n\nPreliminary Part 1\nSection 5\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPart 2 Objects and important concepts\nSection 6\npage 4 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Objects and important concepts\n6 Objects of Act\n(1) The main objects of this Act are to—\n(a) promote and protect the rights of Aboriginal and Torres Strait\nIslander children and young people; and\n(b) establish the office of the Aboriginal and Torres Strait Islander\nChildren and Young People Commissioner; and\n(c) provide for the commissioner’s office to—\n(i) advocate for the rights of Aboriginal and Torres Strait\nIslander children and young people, individually and\ncollectively; and\n(ii) identify and examine issues that affect the human rights\nand wellbeing of Aboriginal and Torres Strait Islander\nchildren and young people; and\n(iii) make recommendations to government and\nnon-government agencies on legislation, policies, practices\nand services that affect Aboriginal and Torres Strait\nIslander children and young people.\n(2) The objects are intended to operate consistently with—\n(a) the Human Rights Act 2004; and\n(b) the principles set out in the Convention on the Rights of the\nChild; and\n(c) the principles set out in the Declaration on the Rights of\nIndigenous Peoples.\n\nObjects and important concepts Part 2\nSection 7\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nConvention on the Rights of the Child means the United Nations\nConvention on the Rights of the Child adopted by the General\nAssembly of the United Nations on 20 November 1989, as amended\nand in force for Australia from time to time.\nNote The Convention on the Rights of the Child is accessible at\nwww.ohchr.org/en/instruments-mechanisms/instruments/convention-\nrights-child.\nDeclaration on the Rights of Indigenous Peoples means the United\nNations Declaration on the Rights of Indigenous Peoples adopted by\nthe General Assembly of the United Nations on 13 September 2007,\nas amended and in force for Australia from time to time.\nNote The Declaration on the Rights of Indigenous Peoples is accessible at\nwww.un.org/development/desa/indigenouspeoples/declaration-on-the-\nrights-of-indigenous-peoples.html.\n7 Aboriginal and Torres Strait Islander cultural principles\n(1) A person exercising a function under this Act must recognise that\nAboriginal and Torres Strait Islander children and young people need\nstrong connections with culture, family, Elders, communities and\nCountry to develop and thrive and to be protected from harm.\n(2) Without limiting the ways in which a person exercising a function\nunder this Act recognises the need for the connections mentioned in\nsubsection (1), the person must apply the following principles (the\nAboriginal and Torres Strait Islander cultural principles) when\nexercising the function:\n(a) it is important for Aboriginal and Torres Strait Islander children\nand young people to maintain their Aboriginal or Torres Strait\nIslander cultural and linguistic environment, and their set of\nvalues (including Aboriginal tradition or Island custom);\n\nPart 2 Objects and important concepts\nSection 7\npage 6 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) it is important to respect the kinship rules of Aboriginal and\nTorres Strait Islander people, as identified by reference to an\nAboriginal or Torres Strait Islander person’s family and kinship\nrelationships and the community with which the child or young\nperson has the strongest affiliation;\n(c) it is important to acknowledge the spiritual, social, historical,\ncultural and economic importance of Country to Aboriginal and\nTorres Strait Islander children and young people and the\ntraditional, customary or historical affiliation Aboriginal and\nTorres Strait Islander people have with particular areas.\n(3) In this section:\nAboriginal tradition—\n(a) means the body of traditions, observances, customs and beliefs\nof Aboriginal people generally, or of a particular community or\ngroup of Aboriginal people; and\n(b) includes any traditions, observances, customs and beliefs\nmentioned in paragraph (a) that relate to particular people, areas,\nobjects or relationships.\nIsland custom, known in the Torres Strait as Ailan Kastom—\n(a) means the body of customs, traditions, observances and beliefs\nof Torres Strait Islanders generally, or of a particular community\nor group of Torres Strait Islanders; and\n(b) includes any traditions, observances, customs and beliefs\nmentioned in paragraph (a) that relate to particular people, areas,\nobjects or relationships.\n\nOffice of the Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner\nPart 3\nEstablishment of commissioner’s office etc Division 3.1\nSection 8\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Office of the Aboriginal and\nTorres Strait Islander Children\nand Young People Commissioner\nDivision 3.1 Establishment of commissioner’s\noffice etc\n8 Establishment of commissioner’s office\nThe office of the Aboriginal and Torres Strait Islander Children and\nYoung People Commissioner is established.\n9 Independence of commissioner’s office\nExcept as provided in this Act or another territory law, the\ncommissioner’s office is not subject to the direction of anyone else in\nrelation to the exercise of a function under this Act.\nDivision 3.2 Aboriginal and Torres Strait Islander\nChildren and Young People\nCommissioner\n10 Appointment of commissioner\n(1) The Executive must appoint a person as the Aboriginal and Torres\nStrait Islander Children and Young People Commissioner.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(2) A person appointed as the commissioner must be either or both of the\nfollowing:\n(a) an Aboriginal person;\n(b) a Torres Strait Islander person.\n\nPart 3 Office of the Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner\nDivision 3.2 Aboriginal and Torres Strait Islander Children and Young People\nCommissioner\nSection 10\npage 8 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The Executive must not appoint a person as the commissioner unless\nthe Executive—\n(a) has involved members of the Aboriginal and Torres Strait\nIslander community in the process for selecting the\ncommissioner; and\n(b) is satisfied that the person has the experience or expertise\nnecessary to exercise the commissioner’s functions.\n(4) A person must be appointed for a term not longer than 5 years.\n(5) The commissioner’s conditions of appointment are the conditions\nagreed between the Minister and the commissioner stated in the\ninstrument of appointment, subject to any determination under the\nRemuneration Tribunal Act 1995.\n(6) The appointment of the commissioner is a notifiable instrument.\n(7) In this section:\nAboriginal person means a person who—\n(a) is a descendant of an Aboriginal person; and\n(b) identifies as an Aboriginal person; and\n(c) is accepted as an Aboriginal person by an Aboriginal\ncommunity.\nTorres Strait Islander means a person who—\n(a) is a descendant of a Torres Strait Islander; and\n(b) identifies as a Torres Strait Islander; and\n(c) is accepted as a Torres Strait Islander by a Torres Strait Islander\ncommunity.\n\nOffice of the Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner\nPart 3\nAboriginal and Torres Strait Islander Children and Young People\nCommissioner\nDivision 3.2\nSection 11\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Commissioner’s functions\n(1) The commissioner has the following functions:\n(a) to advocate on behalf of Aboriginal and Torres Strait Islander\nchildren and young people, individually and collectively;\n(b) to intervene on behalf of Aboriginal and Torres Strait Islander\nchildren and young people in relation to decisions that will affect\ntheir rights or interests, including in relevant court proceedings;\n(c) to inquire into matters relating to the rights, development, safety\nand wellbeing of Aboriginal and Torres Strait Islander children\nand young people;\n(d) to promote the enjoyment by Aboriginal and Torres Strait\nIslander children and young people, and their families, of their\nrights;\n(e) to advise the government about policy, services and other\nmatters affecting Aboriginal and Torres Strait Islander children\nand young people, and their families;\n(f) any other function given to the commissioner under this Act or\nanother territory law.\nNote A provision of a law that gives an entity a function also gives the entity\npowers necessary and convenient to exercise the function (see Legislation\nAct, s 196).\n(2) In exercising the functions mentioned in subsection (1), the\ncommissioner must take all reasonable steps to—\n(a) consult Aboriginal and Torres Strait Islander children, young\npeople and their families in ways that promote their participation\nin decision-making; and\n(b) listen to and seriously consider the views of Aboriginal and\nTorres Strait Islander children and young people; and\n\nPart 3 Office of the Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner\nDivision 3.2 Aboriginal and Torres Strait Islander Children and Young People\nCommissioner\nSection 12\npage 10 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) ensure the commissioner is accessible to Aboriginal and Torres\nStrait Islander children and young people; and\n(d) engage regularly with the Aboriginal and Torres Strait Islander\ncommunity.\nNote The commissioner must apply the Aboriginal and Torres Strait Islander\ncultural principles when exercising the commissioner’s functions\n(see s 7).\n12 Annual statement by commissioner\n(1) The commissioner must, for each year, prepare a statement\n(an annual statement) about the operation of the commissioner’s\noffice during the year, including—\n(a) the number and kinds of advocacy matters the commissioner’s\noffice engaged in during the year; and\n(b) a summary of the inquiries the commissioner conducted during\nthe year; and\n(c) a summary of the activities of any advisory committee assisting\nthe commissioner during the year; and\n(d) a summary of the community engagement undertaken by the\ncommissioner’s office during the year; and\n(e) anything else the commissioner considers appropriate; and\n(f) anything else prescribed by regulation.\n(2) The annual statement must not, without a person’s consent, include\ninformation—\n(a) that identifies the person; or\n(b) that would allow the person to be reasonably identifiable.\n\nOffice of the Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner\nPart 3\nAboriginal and Torres Strait Islander Children and Young People\nCommissioner\nDivision 3.2\nSection 13\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The commissioner must give the annual statement to the following\nnot later than 3 months after the end of the year:\n(a) the Aboriginal and Torres Strait Islander community;\n(b) the Speaker.\n(4) The Speaker must present the annual statement to the Legislative\nAssembly within 5 sitting days after the day the Speaker receives the\nstatement.\n(5) A regulation may prescribe other requirements for an annual\nstatement.\n13 Ending commissioner’s appointment\n(1) The Minister may end a person’s appointment as the commissioner—\n(a) if the person contravenes a territory law; or\n(b) for misbehaviour; or\n(c) if the person becomes bankrupt or personally insolvent; or\n(d) if the person is convicted, in the ACT, of an offence punishable\nby imprisonment for at least 1 year; or\n(e) if the person is convicted outside the ACT, in Australia or\nelsewhere, of an offence that, if it had been committed in the\nACT, would be punishable by imprisonment for at least 1 year.\n(2) The Executive must end the person’s appointment—\n(a) if the person is absent, other than on leave approved by the\nMinister, for 14 consecutive days or for 28 days in any 12-month\nperiod; or\n(b) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the person’s functions.\n\nPart 3 Office of the Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner\nDivision 3.3 Staff etc of commissioner’s office\nSection 14\npage 12 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Delegation of commissioner’s functions\nThe commissioner may delegate the commissioner’s functions under\nthis Act or another territory law to a member of the staff of the\ncommissioner’s office or a public servant.\nNote For laws about delegations, see the Legislation Act, pt 19.4.\n15 Cooperation with human rights commission\nThe commissioner’s office should seek to work cooperatively with\nthe human rights commission where practicable by, for example,\nliaising with the commission about coordinating the commissioner’s\nactivities with the human rights commission’s activities to avoid\nunnecessary duplication of work.\nDivision 3.3 Staff etc of commissioner’s office\n16 Advisory committees\n(1) The commissioner may establish advisory committees to assist the\ncommissioner to exercise the commissioner’s functions in relation to\nmatters affecting Aboriginal and Torres Strait Islander children and\nyoung people.\n(2) Without limiting who may be appointed to an advisory committee,\nthe commissioner may appoint Aboriginal and Torres Strait Islander\ncommunity members, including Aboriginal and Torres Strait Islander\nchildren and young people, to the committee.\n17 Arrangements for staff and facilities\nThe commissioner may arrange with the head of service to use the\nservices of a public servant or territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n\nOffice of the Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner\nPart 3\nStaff etc of commissioner’s office Division 3.3\nSection 18\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Consultants and contractors\n(1) The commissioner may engage consultants and contractors.\n(2) However, the commissioner must not enter into a contract of\nemployment under this section.\n19 Engagement of lawyer by commissioner\nThe commissioner may engage a lawyer to appear before a court in\nrelation to the exercise of the commissioner’s functions under this\nAct.\n\nPart 4 Advocacy and inquiry by commissioner\nDivision 4.1 Inquiry by commissioner\nSection 20\npage 14 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Advocacy and inquiry by\ncommissioner\nDivision 4.1 Inquiry by commissioner\n20 Commissioner may conduct inquiry\nThe commissioner may conduct an inquiry into any matter relating to\nsystemic issues that affect, or may affect, the rights, development,\nsafety and wellbeing of Aboriginal and Torres Strait Islander children\nand young people generally, or a particular group of Aboriginal and\nTorres Strait Islander children and young people.\n21 Conduct of inquiry\n(1) An inquiry under section 20 may be conducted in the way the\ncommissioner considers most appropriate, taking into account—\n(a) the nature of the matter to which the inquiry relates; and\n(b) the wishes, if known, of any children or young people on whose\nbehalf the commissioner is conducting the inquiry; and\n(c) the rules of natural justice and procedural fairness.\n(2) However, the commissioner must not conduct an inquiry in a way that\nis likely to impede an investigation or proposed investigation, or the\nconduct of a proceeding, by any of the following:\n(a) the Australian Federal Police;\n(b) a coroner;\n(c) a court;\n(d) the integrity commissioner;\n(e) the ombudsman;\n(f) the public sector standards commissioner.\n\nAdvocacy and inquiry by commissioner Part 4\nInquiry by commissioner Division 4.1\nSection 22\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nAustralian Federal Police means the Australian Federal Police\nconstituted under the Australian Federal Police Act 1979 (Cwlth),\nsection 6.\n22 Notice of inquiry\nBefore starting an inquiry relevant to an entity, the commissioner\nmust give the person in charge of the entity written notice of—\n(a) the nature of the inquiry; and\n(b) how the commissioner expects to seek information from the\nentity.\n23 Recommendation in relation to inquiry\n(1) This section applies if the commissioner conducts an inquiry under\nsection 20.\n(2) The commissioner may give the person in charge of an entity a written\nnotice setting out—\n(a) any recommendation to the entity in relation to the rights,\ndevelopment, safety and wellbeing of Aboriginal and Torres\nStrait Islander children and young people; and\n(b) a reasonable stated time within which the entity must give the\ncommissioner a written response to the recommendation.\n(3) The person in charge of the entity must respond to the commissioner\nwithin the stated time.\n(4) Subsection (3) does not apply if the person in charge of the entity has\na reasonable excuse for not responding.\n\nPart 4 Advocacy and inquiry by commissioner\nDivision 4.2 Advocacy by commissioner for individuals\nSection 24\npage 16 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.2 Advocacy by commissioner for\nindividuals\n24 Recommendation in relation to advocacy\n(1) This section applies if the commissioner advocates, or has advocated,\non behalf of an Aboriginal or Torres Strait Islander child or young\nperson.\n(2) The commissioner may give the person in charge of an entity a written\nnotice setting out—\n(a) the matter in relation to which the commissioner is advocating,\nor has advocated, for the Aboriginal or Torres Strait Islander\nchild or young person; and\n(b) any recommendation to the entity in relation to the safety,\nwellbeing and rights of the child or young person; and\n(c) a stated reasonable time within which the entity must give the\ncommissioner a written response to the recommendation.\n(3) The person in charge of the entity must respond to the commissioner\nwithin the stated time.\n(4) Subsection (3) does not apply if the person in charge of the entity has\na reasonable excuse for not responding.\nDivision 4.3 Report in relation to inquiry etc\n25 Report in relation to inquiry or matter of public\nimportance\n(1) The commissioner may at any time, on the commissioner’s own\ninitiative, prepare a written report in relation to the following and give\nit to anyone the commissioner considers appropriate:\n(a) an inquiry under section 20;\n\nAdvocacy and inquiry by commissioner Part 4\nReport in relation to inquiry etc Division 4.3\nSection 25\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any matter of public importance related to the commissioner’s\nfunctions.\n(2) However, the commissioner must not include an adverse comment in\nrelation to a person in a report unless the commissioner has given the\nperson a reasonable opportunity to respond to the proposed comment.\n(3) If the commissioner gives the Minister a report mentioned in\nsubsection (1), the Minister must present the report to the Legislative\nAssembly within 6 sitting days after the day the Minister receives the\nreport.\n\nPart 5 Information gathering and sharing\nSection 26\npage 18 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Information gathering and\nsharing\n26 Definitions—pt 5\nIn this part:\nconsent, of an individual who is an Aboriginal or Torres Strait\nIslander child or young person, includes consent of a person with\nparental responsibility for the child or young person.\ndisclose includes communicate or publish.\ninformation means information, whether true or not, in any form and\nincludes an opinion and advice.\npersonal information—see the Information Privacy Act 2014,\nsection 8.\nperson with parental responsibility, for an Aboriginal or Torres Strait\nIslander child or young person, means a parent or someone else with\nparental responsibility for the child or young person under the\nChildren and Young People Act 2008, division 1.3.2.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, an official because of the exercise of a\nfunction under this Act by the official or someone else.\n27 Power to require information, documents and other\nthings\n(1) This section applies if the commissioner believes on reasonable\ngrounds that a person can give information or produce a document or\nother thing that the commissioner considers necessary to exercise the\ncommissioner’s functions under section 11 (1) (a), (b) and (c).\n\nInformation gathering and sharing Part 5\nSection 28\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The commissioner may, by written notice given to the person, require\nthe person to give the commissioner the information, or produce the\ndocument or other thing.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(3) Subsection (2) does not apply to sensitive information, including\nsensitive information in a document or other thing.\nNote The commissioner may also ask for information under the Children and\nYoung People Act 2008, including under that Act, s 879.\n(4) The notice must state how, and the time within which, the person must\ncomply with the requirement.\n(5) However, the commissioner must not require an Aboriginal or Torres\nStrait Islander child or young person, or a member of the child or\nyoung person’s family, to give the commissioner information, or\nproduce a document or other thing.\n(6) In this section:\nsensitive information—see the Children and Young People Act 2008,\nsection 845.\n28 Limit on power to ask for information, documents and\nother things—identifying information\n(1) This section applies if—\n(a) a person is required under section 27 to give the commissioner\ninformation, or produce a document or other thing in relation to\nthe conduct of an inquiry under section 20; and\n(b) the information, document or other thing includes identifying\ninformation about an individual.\n\nPart 5 Information gathering and sharing\nSection 29\npage 20 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The commissioner must ask the person to remove the identifying\ninformation, if practicable, before giving the information, or\nproducing a document or other thing.\n(3) In this section:\nidentifying information means information that—\n(a) identifies a person; or\n(b) would allow a person’s identity to be worked out.\n29 Limit on power to ask for information, documents and\nother things—consent for personal information\n(1) This section applies if the commissioner requires a person to give\ninformation, or produce a document or other thing under section 27,\nother than in relation an inquiry under section 20.\n(2) The commissioner must not require the person to give the\ninformation, or produce the document or other thing if it contains\npersonal information about an individual, unless—\n(a) the commissioner has taken reasonable steps to seek the\nindividual’s consent before making the requirement; and\n(b) either—\n(i) the individual has given consent; or\n(ii) the commissioner reasonably believes—\n(A) there may be a significant risk to the wellbeing of an\nAboriginal or Torres Strait Islander child or young\nperson; and\n(B) accessing the information is necessary to effectively\nadvocate for the child or young person.\n\nInformation gathering and sharing Part 5\nSection 30\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n30 Failure to give information, document or other thing\n(1) A person commits an offence if—\n(a) the person is required under section 27 to give information to the\ncommissioner; and\n(b) the person fails to give the information to the commissioner as\nrequired.\nMaximum penalty: 50 penalty units.\n(2) Subsection (1) does not apply if the person has a reasonable excuse\nfor failing to provide the information to the commissioner as required.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) and s (4) (see Criminal Code, s 58).\n(3) A person commits an offence if—\n(a) the person is required under section 27 to produce to the\ncommissioner a document or other thing; and\n(b) the person fails to produce the document or other thing to the\ncommissioner as required.\nMaximum penalty: 50 penalty units.\n(4) Subsection (3) does not apply if the person has a reasonable excuse\nfor failing to produce the document or other thing to the\ncommissioner as required.\n31 Power to require attendance\n(1) This section applies if the commissioner believes on reasonable\ngrounds that a relevant person for an entity can give information\nrelevant to the conduct of an inquiry under section 20.\n(2) The commissioner may, by written notice given to the relevant\nperson, require the person to attend before an official, at the\nreasonable time and place stated in the notice, to answer questions in\nrelation to the inquiry.\n\nPart 5 Information gathering and sharing\nSection 32\npage 22 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) However, the commissioner must not require an Aboriginal or Torres\nStrait Islander child or young person, or a member of the child or\nyoung person’s family, to attend before an official under\nsubsection (2).\n(4) A person required to attend before an official under subsection (2)\nmust continue to attend as reasonably required by the official to\nanswer questions in relation to the inquiry.\n(5) In this section:\nemployed includes engaged as a volunteer, consultant or contractor.\nrelevant person, in relation to an entity, means a person who is or was\nemployed by, or involved in the management or administration of, the\nentity.\n32 Failure to attend\n(1) A person commits an offence if—\n(a) the person is required under section 31 to attend before an\nofficial to answer questions in relation to the conduct of an\ninquiry; and\n(b) the person does not attend before the official as required.\nMaximum penalty: 50 penalty units.\n(2) Subsection (1) does not apply if the person has a reasonable excuse\nfor not attending before the official as required.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in ss (2), (4) and (6) (see Criminal Code, s 58).\n(3) A person commits an offence if—\n(a) the person is required under section 31 to attend before an\nofficial to answer questions in relation to the conduct of an\ninquiry; and\n(b) the person attends before the official as required; and\n\nInformation gathering and sharing Part 5\nSection 33\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the person fails to continue to attend as reasonably required by\nthe official to answer questions in relation to the inquiry.\nMaximum penalty: 50 penalty units.\n(4) Subsection (3) does not apply if the person has a reasonable excuse\nfor failing to continue to attend as required by the official.\n(5) A person commits an offence if—\n(a) the person is required under section 31 to attend before an\nofficial to answer questions in relation to the conduct of an\ninquiry; and\n(b) the person attends before the official as required; and\n(c) the official requires the person to answer a question; and\n(d) the person fails to answer the question.\nMaximum penalty: 50 penalty units.\nNote 1 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\nNote Giving false or misleading information is an offence against the Criminal\nCode, s 338.\n(6) Subsection (5) does not apply if the person has a reasonable excuse\nfor failing to answer the question.\n33 Abrogation of privilege against self-incrimination\n(1) A person is not excused from answering a question, or providing\ninformation or a document or other thing, under this part on the\nground that the answer to the question, or the information, document\nor thing, may tend to incriminate the person or expose the person to a\npenalty.\nNote The Legislation Act, s 170 deals with the application of the privilege\nagainst self-incrimination.\n\nPart 5 Information gathering and sharing\nSection 34\npage 24 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, any information, document or other thing obtained, directly\nor indirectly, because of the giving of the answer or the production of\nthe document or other thing, is not admissible in evidence against the\nperson in a civil or criminal proceeding, other than a proceeding for—\n(a) an offence against this part; or\n(b) any other offence arising out of the false or misleading nature of\nthe answer, information, document or other thing.\n34 Information sharing—human rights commission\n(1) The commissioner may disclose to a member of the human rights\ncommission any information that has been disclosed to, or obtained\nby, the commissioner in the exercise of a function under this Act, if—\n(a) the commissioner is reasonably satisfied that the information is\nrelevant to the exercise of the member’s functions under the\nHuman Rights Commission Act 2005; and\n(b) if the information is personal information about an individual—\nthe individual has given consent.\n(2) However, the commissioner may disclose personal information about\nan individual to a member of the human rights commission without\nthe individual’s consent if the commissioner believes on reasonable\ngrounds that the disclosure is necessary to ensure that—\n(a) the commissioner and the human rights commission are able to\ntake a coordinated approach in relation to a matter affecting an\nAboriginal or Torres Strait Islander child or young person; or\n(b) effective advocacy is able to be undertaken for an Aboriginal or\nTorres Strait Islander child or young person.\n(3) If a member of the human rights commission uses information\ndisclosed to the member under this section—\n(a) a secrecy requirement is taken to apply to the member in relation\nto the information; and\n\nInformation gathering and sharing Part 5\nSection 35\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the member is taken to be a person engaged in the administration\nof the provision that contains the secrecy requirement.\n(4) This section applies despite any other territory law.\n(5) In this section:\nsecrecy requirement means a prohibition on the disclosure of\ninformation that applies to the commissioner in relation to\ninformation disclosed to a member of the human rights commission,\nwhether the prohibition is absolute or subject to stated exceptions or\nqualifications.\n35 Secrecy\n(1) An information holder commits an offence if—\n(a) the information holder—\n(i) makes a record of protected information about someone\nelse; and\n(ii) is reckless about whether the information is protected\ninformation about someone else; or\n(b) the information holder—\n(i) does something that discloses protected information about\nsomeone else; and\n(ii) is reckless about whether—\n(A) the information is protected information about\nsomeone else; and\n(B) doing the thing would result in the information being\ndisclosed to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nPart 5 Information gathering and sharing\nSection 35\npage 26 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subsection (1) does not apply if the record is made, or the information\nis disclosed—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, as an information holder,\nunder this Act or another territory law.\n(3) Subsection (1) does not apply to the divulging of protected\ninformation about someone with the person’s consent.\n(4) An information holder need not disclose protected information to a\ncourt, or produce a document containing protected information to a\ncourt, unless it is necessary to do so for this Act or another territory\nlaw.\n(5) In this section:\ninformation holder means—\n(a) a person who is or has been an official; or\n(b) anyone else who exercises or has exercised a function under this\nAct; or\n(c) a person who is required under section 27 to give the\ncommissioner information, or produce a document or other\nthing; or\n(d) a person who is required under section 31 to attend before an\nofficial to answer questions in relation to an inquiry.\n\nMiscellaneous Part 6\nSection 36\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Miscellaneous\n36 Protection of officials from liability\n(1) An official, or anyone engaging in conduct under the direction of an\nofficial, is not personally liable for anything done or omitted to be\ndone honestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any civil liability that would, apart from subsection (1), attach to an\nofficial attaches instead to the Territory.\n37 Protection of others from liability\n(1) Civil or criminal liability is not incurred only because of any of the\nfollowing done honestly and without recklessness:\n(a) giving information, or producing a document or thing to an\nofficial;\n(b) answering a question or making a statement to an official.\n(2) Also, any information given honestly and without recklessness to an\nofficial is not—\n(a) a breach of confidence; or\n(b) a breach of professional etiquette or ethics; or\n(c) a breach of a rule of professional conduct.\n38 Regulation-making power\nThe Executive may make regulations for this Act.\n\nDictionary\npage 28 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• administrative unit\n• adult\n• bankrupt or personally insolvent\n• chief police officer\n• coroner\n• director-general (see s 163)\n• document\n• domestic partner (see s 169 (1))\n• Executive\n• fail\n• function\n• human rights commission\n• integrity commissioner\n• ombudsman\n• State\n• territory law.\nAboriginal and Torres Strait Islander cultural principles—see\nsection 7 (2).\nAboriginal or Torres Strait Islander child means an Aboriginal or\nTorres Strait Islander person who is under 12 years old.\nAboriginal or Torres Strait Islander person means a person who—\n(a) is a descendant of an Aboriginal person or a Torres Strait\nIslander person; and\n(b) identifies as an Aboriginal person or a Torres Strait Islander\nperson; and\n\nDictionary\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) is accepted as an Aboriginal person or a Torres Strait Islander\nperson by an Aboriginal community or Torres Strait Islander\ncommunity.\nAboriginal or Torres Strait Islander young person means an\nAboriginal or Torres Strait Islander person who is 12 years old or\nolder, but not yet an adult.\nassociation means an association declared under the Associations\nIncorporation Act 1991, section 15 and incorporated under that Act.\ncommissioner means the Aboriginal and Torres Strait Islander\nChildren and Young People Commissioner appointed under\nsection 10 (1).\ncommissioner’s office means the office of the Aboriginal and Torres\nStrait Islander Children and Young People Commissioner established\nunder section 8.\nconsent, of an individual who is an Aboriginal or Torres Strait\nIslander child or young person, for part 5 (Information gathering and\nsharing)—see section 26.\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndisclose, for part 5 (Information gathering and sharing)—see\nsection 26.\nexecutive officer, of a corporation, means a person, however\ndescribed and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\n\nDictionary\npage 30 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nfamily, of an Aboriginal or Torres Strait Islander child or young\nperson—\n(a) means a person who is, or has been, the child or young\nperson’s—\n(i) father, mother, grandfather, grandmother, stepfather,\nstepmother, father-in-law or mother-in-law; or\n(ii) son or daughter; or\n(iii) brother, sister, half-brother, half-sister, stepbrother,\nstepsister, brother-in-law or sister-in-law; or\n(iv) uncle, aunt, uncle-in-law or aunt-in-law; or\n(v) nephew, niece or cousin; or\n(vi) domestic partner; and\n(b) includes—\n(i) someone the person has responsibility for, or an interest in,\nin accordance with the traditions and customs of the\nperson’s Aboriginal or Torres Strait Islander community;\nand\n(ii) someone who has responsibility for, or an interest in, the\nperson in accordance with the traditions and customs of the\nperson’s Aboriginal or Torres Strait Islander community;\nand\n(iii) someone regarded and treated by the person as a relative;\nand\n(iv) someone with whom the person has a family-like\nrelationship; and\n(v) anyone else who could reasonably be considered to be, or\nhave been, a relative of the person.\n\nDictionary\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ninformation, for part 5 (Information gathering and sharing)—see\nsection 26.\nmember, of the human rights commission, means a person appointed\nto a statutory office under the Human Rights Commission Act 2005.\nofficial means—\n(a) the commissioner; or\n(b) a member of staff of the commissioner’s office; or\n(c) a person who exercises a function under this Act.\npersonal information, for part 5 (Information gathering and\nsharing)—see the Information Privacy Act 2014, section 8.\nperson in charge, of an entity, means—\n(a) if the entity is an administrative unit—the relevant\ndirector-general; and\n(b) if the entity is a public sector body—the head of the public sector\nbody; and\n(c) if the entity is an individual—the individual; and\n(d) if the entity is a partnership—a partner in the partnership; and\n(e) if the entity is a corporation—an executive officer of the\ncorporation; and\n(f) if the entity is an association—an office bearer for the\nassociation.\nperson with parental responsibility, for an Aboriginal or Torres Strait\nIslander child or young person, for part 5 (Information gathering and\nsharing)—see section 26.\nproduce, for part 5 (Information gathering and sharing)—see\nsection 26.\n\nDictionary\npage 32 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprotected information, for part 5 (Information gathering and\nsharing)—see section 26.\nsafety includes cultural safety.\n\nEndnotes\nAbout the endnotes 1\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 34 Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\nR1\n15/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nAboriginal and Torres Strait Islander Children and Young People\nCommissioner Act 2022 A2022-25\nnotified LR 14 December 2022\ns 1, s 2 commenced 14 December 2022 (LA s 75 (1))\nremainder commenced 15 December 2022 (s 2)\n\nEndnotes\nAmendment history 4\nR1\n15/12/22\nAboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\nEffective: 15/12/22\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nLegislation amended\npt 7 hdg om LA s 89 (3)\nLegislation amended—sch 1\ns 39 om LA s 89 (3)\nConsequential amendments\nsch 1 om LA s 89 (3)\n© Australian Capital Territory 2022","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act’s scope aligns with its stated objects (s 6) by establishing an advocacy and oversight office (s 8–11) and specifying information powers and limits (pt 5). It defines who is covered, what powers the commissioner has, and procedural limits (e.g. consent and sensitive information in ss 27–29), without adding evident extraneous powers beyond those necessary to deliver the Act’s functions."},"complexity_factors":["Creates a new independent statutory office with appointment, term and removal rules (ss 8–13).","Broad substantive functions (advocacy, intervention, inquiry, advice) that interact with other laws and institutions (s 11; s 6 cross‑references Human Rights Act and international instruments).","Coercive information‑gathering and attendance powers with criminal penalties and limits (ss 27, 31–33, 30–32).","Specific privacy, consent and sensitive‑information constraints tied to other Acts (pt 5, ss 26, 28–29 referencing Children and Young People Act and Information Privacy Act).","Information‑sharing with the Human Rights Commission and associated secrecy requirements (s 34) plus secrecy offences and significant penalties (s 35).","Protections from civil liability for officials and those who assist or give information, shifting some risk to the Territory (ss 36–37).","Delegation, staffing, contracting and advisory committee arrangements that preserve operational discretion (ss 14, 16–19).","Regulation‑making power allowing detail to be set by subordinate instrument (s 38)."],"plain_english_summary":"Establishes an independent Aboriginal and Torres Strait Islander Children and Young People Commissioner for the ACT with statutory powers to advocate, intervene in decisions, conduct systemic inquiries, require information, and publish reports. It applies to Aboriginal and Torres Strait Islander children and young people and their families, and to public and private entities that may be required to respond or provide documents. The law centralises advocacy and oversight (see s 6, s 11) while creating information‑sharing, confidentiality and compliance duties for organisations (see pt 5)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing the Commissioner and setting out their functions, powers, and accountability framework. There is no evidence of scope creep; the Act does not expand into unrelated policy areas."},"complexity_factors":["Straightforward structure with 6 Parts and clear divisional breakdown","38 sections total—relatively concise for an establishment Act","15 defined terms in the Dictionary, plus signpost definitions to external Acts (e.g., 'personal information' refers to the Information Privacy Act 2014)","Moderate cross-referencing to external legislation (Criminal Code, Children and Young People Act 2008, Human Rights Commission Act 2005, Legislation Act 2001)","Conditional limitations on information-gathering powers (ss 28-29) requiring consent or risk assessments, but no nested exceptions beyond standard 'reasonable excuse' defences","Clear offence provisions with standard penalty units (50 penalty units) and explicit abrogation of self-incrimination privilege with use immunity (s 33)","No complex machinery provisions or sunset clauses"],"plain_english_summary":"This law creates an independent Aboriginal and Torres Strait Islander Children and Young People Commissioner for the ACT to protect and promote the rights, wellbeing and cultural connections of First Nations children and young people. The Commissioner—appointed with First Nations involvement—can advocate for individuals, drive systemic reform, hold inquiries, gather information with privacy safeguards, and report publicly. It affects government agencies, services, schools and the wider First Nations community and embeds cultural and international human-rights standards into law."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-and-torres-strait-islander-children-and-young-people-commissioner-act-2022","history":"/api/acts/aboriginal-and-torres-strait-islander-children-and-young-people-commissioner-act-2022/history","analysis":"/api/acts/aboriginal-and-torres-strait-islander-children-and-young-people-commissioner-act-2022/analysis","conflicts":"/api/acts/aboriginal-and-torres-strait-islander-children-and-young-people-commissioner-act-2022/conflicts","importantCases":"/api/acts/aboriginal-and-torres-strait-islander-children-and-young-people-commissioner-act-2022/important-cases","documents":"/api/acts/aboriginal-and-torres-strait-islander-children-and-young-people-commissioner-act-2022/documents"}}