{"id":"childrens-commissioner-act-2013","name":"Children's Commissioner Act 2013","slug":"children-s-commissioner-act-2013","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29908,"registerId":"nt-childrens-commissioner-act-2013-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Children's Commissioner Act 2013","content":"NORTHERN TERRITORY OF AUSTRALIA\nCHILDREN'S COMMISSIONER ACT 2013\nAs in force at 1 May 2024\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Act binds Crown .............................................................................. 1\n4 Objects of Act .................................................................................. 1\n5 Principles underlying this Act ........................................................... 1\nPart 2 Interpretation\n6 Definitions ........................................................................................ 2\n7 Vulnerable child ............................................................................... 5\n8 Application of Criminal Code ........................................................... 6\nPart 3 Children's Commissioner\n9 Children's Commissioner ................................................................. 6\n10 Commissioner's functions and powers ............................................ 6\n11 Commissioner's independence ........................................................ 8\n12 Term of appointment ....................................................................... 8\n13 Conditions of appointment ............................................................... 8\n14 Leave ............................................................................................... 8\n15 Resignation...................................................................................... 8\n16 Suspension and termination of appointment.................................... 8\n17 Acting Commissioner ....................................................................... 9\n18 Oath of office ................................................................................... 9\n19 Staff of Commissioner ................................................................... 10\nPart 4 Complaints\nDivision 1 Procedures for making complaints\n20 Making complaint........................................................................... 10\n21 Grounds for complaint ................................................................... 10\n22 When complaint must be made ..................................................... 11\nDivision 2 Dealing with complaints\n23 Initial assessment of complaint ...................................................... 11\n24 Deciding not to deal with or to refer complaint ............................... 12\n25 Deciding to resolve complaint without investigation....................... 13\n\nChildren's Commissioner Act 2013 ii\n26 Notification of initial assessment.................................................... 13\n27 Complaint referred to another person ............................................ 14\nPart 5 Investigations\n28 Commencing investigation............................................................. 14\n29 Report of investigation ................................................................... 15\n29A Response to recommendations ..................................................... 16\nPart 6 Inquiries\n30 Undertaking inquiry ........................................................................ 17\n31 Notification of inquiry ..................................................................... 17\n32 Procedures of inquiry ..................................................................... 18\n33 Report of inquiry ............................................................................ 18\n33A Response to recommendations ..................................................... 19\nPart 7 Commissioner's other powers\n34 Access to child............................................................................... 20\n35 Access to information .................................................................... 20\nPart 8 Offences\n36 Failure to comply with request for access to child ......................... 21\n37 Failure to comply with request for information ............................... 21\n38 Failure to comply with requirement to give information on oath ..... 23\n39 Misleading information or document .............................................. 23\n40 Preventing or obstructing complaint .............................................. 24\n41 False complaint ............................................................................. 24\n42 Obstructing or improperly influencing investigation or inquiry ........ 25\n42A Reprisal against informant ............................................................. 25\nPart 9 Commissioner's reports\n43 Annual report and other reports ..................................................... 26\n44 Publication of reports ..................................................................... 27\nPart 10 Disclosure of confidential information\n45 Disclosure of information to Commissioner generally .................... 27\n46 Direction by Commissioner not to disclose information ................. 27\n47 Confidentiality ................................................................................ 28\nPart 11 Immunity\n48 Protection from liability – complainant and informants................... 29\n49 Protection from liability – Commissioner and staff ......................... 30\n\nChildren's Commissioner Act 2013 iii\nPart 12 Miscellaneous matters\n50 Review of Care and Protection of Children Act 2007..................... 30\n51 Delegation ..................................................................................... 31\n52 Regulations.................................................................................... 31\nPart 13 Transitional matters for Children's\nCommissioner Act 2013\n53 Definitions ...................................................................................... 31\n54 Continuation of ongoing matters .................................................... 31\n55 Children's Commissioner ............................................................... 31\n56 Acting Children's Commissioner .................................................... 32\n57 Investigations................................................................................. 32\n58 Complaints..................................................................................... 32\n59 Access to information .................................................................... 33\n60 First annual report ......................................................................... 33\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 May 2024\n____________________\nCHILDREN'S COMMISSIONER ACT 2013\nAn Act to provide for a Children's Commissioner, and for related\npurposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Children's Commissioner Act 2013.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n4 Objects of Act\nThe objects of this Act are to:\n(a) ensure the safety and wellbeing of vulnerable children; and\n(b) promote continuous improvement and innovation in policies,\npractices and services relating to the safety and wellbeing of\nvulnerable children.\n5 Principles underlying this Act\n(1) A person exercising a power or performing a function under this Act\nmust, as far as practicable, uphold the following principles (the\nunderlying principles):\n(a) the best interests of children are the paramount concern;\n\nPart 2 Interpretation\nChildren's Commissioner Act 2013 2\n(b) every child is entitled:\n(i) to live in a caring and nurturing environment in which the\nchild is protected from harm and exploitation and able to\nreach his or her full potential; and\n(ii) to be treated in a way that respects the child's dignity\nand privacy; and\n(iii) to express the child's concerns and grievances and to\nhave them dealt with in a fair and timely way;\n(c) the views of children on all matters affecting them should be\ngiven serious consideration and taken into account.\n(2) However, the underlying principles do not affect the operation of\nany law in force in the Territory.\nPart 2 Interpretation\n6 Definitions\nIn this Act:\nAboriginal means:\n(a) a descendant of the Aboriginal people of Australia; or\n(b) a descendant of the indigenous inhabitants of the Torres Strait\nIslands.\nCEO means the Chief Executive Officer of the Agency\nadministering the Care and Protection of Children Act 2007.\nchild, see section 13 of the Care and Protection of Children\nAct 2007.\nchild is in the CEO's care, see section 67(1) of the Care and\nProtection of Children Act 2007.\nchild-related services, see section 13 of the Care and Protection\nof Children Act 2007.\nCommissioner means the Children's Commissioner mentioned in\nsection 9.\ncomplainant means a person who makes a complaint.\ncomplaint means a complaint, or a part of a complaint, made\nunder section 20.\n\nPart 2 Interpretation\nChildren's Commissioner Act 2013 3\ndisability, see section 2(1) of the Disability Services Act 1993.\nexploitation, of a child, see section 16 of the Care and Protection\nof Children Act 2007.\nfamily member, of a child, includes a person mentioned in\nsection 19 of the Care and Protection of Children Act 2007.\nharm, to a child, see section 15 of the Care and Protection of\nChildren Act 2007.\ninvestigation means an investigation by the Commissioner under\nPart 5.\nmatter to which a complaint relates means each failure of a kind\nmentioned in section 21(1)(a) or (b) that forms a ground for the\ncomplaint.\nmatter to which an investigation relates means:\n(a) in relation to the investigation of a complaint – the matter to\nwhich the complaint relates; or\n(b) in relation to an investigation initiated by the Commissioner –\na failure of a kind mentioned in section 21(1)(a) or (b) to which\nthe investigation relates.\nmental illness, see section 6 of the Mental Health and Related\nServices Act 1998.\nmentally disturbed, see section 4 of the Mental Health and\nRelated Services Act 1998.\nOmbudsman, see section 4 of the Ombudsman Act 2009.\noperator of child-related services, see section 13 of the Care and\nProtection of Children Act 2007.\npublic authority means any of the following:\n(a) an Agency;\n(b) the Police Force;\n(c) a local government council;\n(d) an office or body (whether incorporated or not) established for\na public purpose by or under a law of the Territory;\n(e) any other entity established for a public purpose (including a\nnon-government organisation) that is prescribed by regulation.\n\nPart 2 Interpretation\nChildren's Commissioner Act 2013 4\nrequired services:\n(a) in relation to a complaint – see section 21(1)(a) and (2); or\n(b) in relation to an investigation initiated by the Commissioner –\nthe services mentioned in section 21(1)(a) or (2) to which the\ninvestigation relates.\nresponsible Agency:\n(a) in relation to a complaint – see section 26(3), definition\nresponsible Minister, paragraph (a); or\n(b) in relation to an investigation initiated by the Commissioner –\nmeans the Agency directly or indirectly responsible for\nproviding, or funding or administering the funding of, any\nrequired services to which the investigation relates.\nresponsible Minister:\n(a) in relation to a complaint – see section 26(3); or\n(b) in relation to an investigation initiated by the Commissioner –\nmeans the Minister who has administrative responsibility for\nthe responsible Agency, or a responsible service provider, to\nwhich the investigation relates.\nresponsible service provider:\n(a) in relation to a complaint – see section 21(1)(a); or\n(b) in relation to an investigation initiated by the Commissioner –\na service provider mentioned in section 21(1)(a) to which the\ninvestigation relates.\nservice provider, in relation to a vulnerable child, means:\n(a) a public authority, or another person or body acting for or\nunder an arrangement with a public authority, who has taken\nor is taking an action in relation to the child as a vulnerable\nchild; or\n(b) without limiting paragraph (a) – an operator of child-related\nservices, or an approved provider of an education and care\nservice operated under the Education and Care Services\nNational Law (NT), who provides, or is required to provide,\nservices in relation to the child as a vulnerable child;\nother than a public authority, person or body prescribed by\nregulation, or a court.\n\nPart 2 Interpretation\nChildren's Commissioner Act 2013 5\nunderlying principles, see section 5(1).\nvulnerable child, see section 7(1).\nwellbeing of a child, see section 14 of the Care and Protection of\nChildren Act 2007.\nyoung person who has left the CEO's care, see section 68 of the\nCare and Protection of Children Act 2007.\n7 Vulnerable child\n(1) A vulnerable child is any of the following:\n(a) a child who is the subject of the exercise of a power or\nperformance of a function under Chapter 2 of the Care and\nProtection of Children Act 2007;\n(b) a child who has been arrested or is on bail, or in relation to\nwhom an order made under the Youth Justice Act 2005 is in\nforce;\n(c) a child in relation to whom an order made under the Volatile\nSubstance Abuse Prevention Act 2005 is in force;\n(d) a child who is suffering from a mental illness or is mentally\ndisturbed;\n(e) a child who has a disability;\n(f) a child who has sought or is seeking child-related services, or\nfor whom a family member of the child has sought or is\nseeking child-related services, for any of the following:\n(i) the prevention of harm to, or exploitation of, the child;\n(ii) the protection of the child;\n(iii) care or support of the child;\n(g) a person prescribed by regulation.\n(2) In addition, a young person who has left the CEO's care is taken to\nbe a vulnerable child.\n(3) A regulation may prescribe particular child-related services:\n(a) as services covered by subsection (1)(f); or\n(b) as services not covered by subsection (1)(f).\n\nPart 3 Children's Commissioner\nChildren's Commissioner Act 2013 6\n8 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 8\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 3 Children's Commissioner\n9 Children's Commissioner\n(1) There is to be a Children's Commissioner.\n(2) The Administrator may, in writing, appoint an Aboriginal person to\nbe the Children's Commissioner.\n(3) If no suitable Aboriginal candidate is identified, the Administrator\nmay, in writing, appoint a non-Aboriginal person to be the Children's\nCommissioner.\n(4) An appointment under subsection (2) or (3) must be made on the\nrecommendation of the Minister.\n(5) The Minister must not recommend a person to be the\nCommissioner unless satisfied that the person:\n(a) has qualifications or experience relating to the\nCommissioner's functions; and\n(b) is committed to the objects of this Act and the underlying\nprinciples; and\n(c) has the knowledge and experience to understand and respond\nto the needs of, and issues facing, vulnerable children who are\nAboriginal.\n10 Commissioner's functions and powers\n(1) The following are the Commissioner's functions:\n(a) to deal with:\n(i) a complaint about required services; or\n\nPart 3 Children's Commissioner\nChildren's Commissioner Act 2013 7\n(ii) on the Commissioner's own initiative, a matter that may\nform a ground for making a complaint (irrespective of\nwhen the matter occurred and whether or not a\ncomplaint was made);\n(b) to monitor the ways in which service providers respond to\nreports made by the Commissioner;\n(c) to monitor the administration of the Care and Protection of\nChildren Act 2007 in so far as it relates to vulnerable children;\n(d) to undertake inquiries related to the care and protection of\nvulnerable children;\n(e) to monitor the implementation of any government decision\narising from:\n(i) an inquiry undertaken by the Commissioner under\nPart 6; or\n(ii) any other inquiry related to the care and protection of\nvulnerable children, regardless of who undertook the\ninquiry;\n(f) to monitor the ways in which the CEO deals with suspected or\npotential harm to, or exploitation of, children in the CEO's\ncare;\n(g) to report to the Minister on a matter relating to the\nCommissioner's functions as required by the Minister;\n(h) to promote an understanding of, and informed public\ndiscussion about, the rights, interests and wellbeing of\nvulnerable children;\n(i) to promote and advocate for the rights, interests and wellbeing\nof vulnerable children;\n(j) to consult with, advise, and make recommendations to\nministers, public authorities and other bodies on matters\nrelated to the rights, interests and wellbeing of vulnerable\nchildren;\n(k) to undertake or commission research in relation to issues\nrelevant to the rights, interests and wellbeing of vulnerable\nchildren.\n(2) The Commissioner has the powers necessary to perform the\nCommissioner's functions.\n\nPart 3 Children's Commissioner\nChildren's Commissioner Act 2013 8\n11 Commissioner's independence\nExcept as otherwise provided by another law of the Territory, the\nCommissioner is not subject to the direction of anyone in relation to:\n(a) the way in which the functions of the Commissioner are\nperformed; or\n(b) the order of priority the Commissioner gives to investigations.\n12 Term of appointment\nThe Commissioner holds office for the period (not exceeding\n5 years) specified in his or her appointment and is eligible for\nreappointment.\n13 Conditions of appointment\nThe Commissioner holds office on the conditions (including as to\nremuneration, expenses and allowances) determined by the\nAdministrator.\n14 Leave\nThe Minister may grant the Commissioner leave of absence on the\nconditions determined by the Minister.\n15 Resignation\nThe Commissioner may resign the office of Commissioner by\nwritten notice given to the Administrator.\n16 Suspension and termination of appointment\n(1) The Administrator may, in writing, suspend the Commissioner from\nduty on the ground of misbehaviour or physical or mental\nincapacity.\n(2) The Minister must, within 3 sitting days after the suspension,\npresent a statement of the reasons for the suspension to the\nLegislative Assembly.\n(3) The Administrator must terminate the Commissioner's appointment\nif, within 7 sitting days after presenting the statement, a resolution is\npassed by a two-thirds majority of the Legislative Assembly\nrequesting the termination.\n(4) The Commissioner must resume duties if:\n(a) the Minister does not present the statement under\nsubsection (2); or\n\nPart 3 Children's Commissioner\nChildren's Commissioner Act 2013 9\n(b) the Legislative Assembly does not pass the resolution under\nsubsection (3).\n(5) The Commissioner is entitled to be paid remuneration and\nallowances during the suspension.\n(6) The Administrator must terminate the Commissioner's appointment\nif the Commissioner:\n(a) becomes bankrupt; or\n(b) applies to take the benefit of a law for the relief of bankrupt or\ninsolvent debtors; or\n(c) compounds with creditors or makes an assignment of the\nCommissioner's remuneration for their benefit.\n17 Acting Commissioner\n(1) The Minister may appoint a person to act in the office of the\nCommissioner:\n(a) during a vacancy in the office (whether or not an appointment\nhas previously been made to the office); or\n(b) during a period or all periods when the Commissioner is\nunable to perform the functions of the office.\n(2) A person appointed under subsection (1)(a) must not act\ncontinuously for more than 3 months in the office of the\nCommissioner.\n(3) The Minister may determine the conditions of the appointment\n(including as to remuneration, expenses and allowances).\n18 Oath of office\n(1) A person appointed to be the Commissioner must, before taking\noffice as Commissioner, take an oath that he or she:\n(a) will faithfully and impartially perform the functions of the office;\nand\n(b) will not, except for the purposes of this Act, disclose any\ninformation obtained by him or her in performing those\nfunctions.\n(2) The Speaker or a Supreme Court Judge must administer the oath.\n\nPart 4 Complaints\nDivision 1 Procedures for making complaints\nChildren's Commissioner Act 2013 10\n19 Staff of Commissioner\n(1) The staff of the Commissioner consists of:\n(a) public sector employees employed for the Commissioner; and\n(b) persons employed in an Agency made available by the Chief\nExecutive Officer of the Agency under an arrangement with\nthe Commissioner.\n(2) A member of the Commissioner's staff is subject only to the\ndirection of:\n(a) the Commissioner; or\n(b) another member of the Commissioner's staff.\nPart 4 Complaints\nDivision 1 Procedures for making complaints\n20 Making complaint\n(1) Any of the following persons may make a complaint:\n(a) a person who is or has been a vulnerable child;\n(b) an adult acting on behalf of a person who is or has been a\nvulnerable child, whether or not the person is alive at the time\nthe complaint is made.\n(2) The complaint:\n(a) must be made to the Commissioner; and\n(b) may be made orally or in writing.\n(3) If the complaint is made orally, the Commissioner may arrange for it\nto be reduced into writing.\n21 Grounds for complaint\n(1) The complaint must be made on one or more of the following\ngrounds:\n(a) a service provider (a responsible service provider) failed to\nprovide services (required services) for the child, as a\nvulnerable child, that the provider was reasonably expected to\nprovide;\n\nPart 4 Complaints\nDivision 2 Dealing with complaints\nChildren's Commissioner Act 2013 11\n(b) the required services provided for the child by the responsible\nservice provider failed to meet the standard that was\nreasonably expected of the provider.\n(2) Without limiting subsection (1), the required services include:\n(a) any services relating to the care or wellbeing of the child; and\n(b) for a vulnerable child mentioned in section 7(1)(f) –\nchild-related services mentioned in section 7(1)(f).\n22 When complaint must be made\n(1) The complaint must be made within 1 year after the matter to which\nthe complaint relates has arisen.\n(2) However, the Commissioner may accept a complaint after the\n1 year period if the Commissioner considers it is appropriate to do\nso in the public interest or because of special circumstances.\nDivision 2 Dealing with complaints\n23 Initial assessment of complaint\n(1) On receiving the complaint, the Commissioner must decide which\nof the following actions should be taken:\n(a) to investigate the complaint;\n(b) either or both of the following:\n(i) not to deal with the complaint;\n(ii) to refer the complaint to another person for investigation\nand resolution;\n(c) to resolve the complaint without an investigation.\n(2) The Commissioner may make preliminary inquiries for making a\ndecision under subsection (1).\n(3) The Commissioner must make the decision under subsection (1)\nwithin:\n(a) 28 days after receiving the complaint; or\n(b) if the Commissioner needs other information for the decision –\n28 days after obtaining the information.\n\nPart 4 Complaints\nDivision 2 Dealing with complaints\nChildren's Commissioner Act 2013 12\n(4) The Commissioner may change his or her decision to take an\naction mentioned in subsection (1) even after starting to take the\naction.\n24 Deciding not to deal with or to refer complaint\n(1) The Commissioner may decide not to deal with the complaint only if\nsatisfied that:\n(a) the complaint lacks substance; or\n(b) the complaint relates to an act or omission of a police officer;\nor\n(c) the complaint should be referred to a person who has an\nestablished mechanism to deal with similar complaints; or\n(d) the matter to which the complaint relates has already been\nsatisfactorily dealt with by the Commissioner or another\nperson; or\n(e) the complainant has failed, without reasonable excuse, to\ncomply with a requirement of the Commissioner (for example,\ngiving specified information to the Commissioner); or\n(f) the complainant does not have a sufficient interest in the\nmatter to which the complaint relates; or\n(g) the complainant has withdrawn the complaint; or\n(h) it is appropriate for the Commissioner to initiate an\ninvestigation under section section 28(2) for matters including\nthe matter to which the complaint relates; or\n(i) any dealing or further dealing with the complaint is\ninappropriate, having regard to:\n(i) a proceeding before a court or tribunal relating to the\nmatter to which the complaint relates; or\n(ii) the objects of this Act, the underlying principles and the\nresources available to deal with the complaint.\n(2) Except as provided in subsection (3), the Commissioner must not\nrefer the complaint to the Ombudsman for investigation and\nresolution if the Commissioner is authorised under section 28(1) to\ninvestigate the complaint.\n\nPart 4 Complaints\nDivision 2 Dealing with complaints\nChildren's Commissioner Act 2013 13\n(3) The Commissioner must refer a complaint mentioned in\nsubsection (1)(b) to the Ombudsman for investigation and\nresolution.\n25 Deciding to resolve complaint without investigation\nThe Commissioner may decide to resolve the complaint without an\ninvestigation only if satisfied that:\n(a) the Commissioner would be authorised to investigate the\ncomplaint under section 28(1); and\n(b) having regard to the nature and seriousness of the complaint,\nit may be resolved expeditiously without an investigation.\n26 Notification of initial assessment\n(1) As soon as practicable after making a decision under section 23(1),\nthe Commissioner must notify the complainant of the decision and\nthe reasons for the decision.\n(2) In addition:\n(a) if the Commissioner decides not to deal with the complaint,\nthe Commissioner:\n(i) must notify each of the following of the decision:\n(A) each responsible service provider in relation to the\ncomplaint;\n(B) the Chief Executive Officer of each responsible\nAgency in relation to the complaint; and\n(ii) may notify each responsible Minister in relation to the\ncomplaint of the decision if the Commissioner considers\nit appropriate to do so; and\n(iii) if the Commissioner decides not to deal with the\ncomplaint after initially commencing an investigation into\nthe complaint – must give a report about the\ninvestigation to each person notified under\nsubparagraph (i) or (ii); and\n(b) if the Commissioner decides to resolve the complaint without\nan investigation, the Commissioner must notify each person\nmentioned in paragraph (a)(i) of the decision and any action\ntaken or proposed to be taken for resolving the complaint.\n\nPart 5 Investigations\nChildren's Commissioner Act 2013 14\n(3) In this section:\nresponsible Minister, in relation to the complaint, means the\nMinister who has administrative responsibilities for:\n(a) an Agency (a responsible Agency) directly or indirectly\nresponsible for providing, or funding or administering the\nfunding of, any required services in relation to the complaint;\nor\n(b) a responsible service provider in relation to the complaint.\n27 Complaint referred to another person\n(1) This section applies if the Commissioner refers the complaint to\nanother person (the referred authority) for investigation and\nresolution.\n(2) The referred authority must, as soon as practicable, notify the\nCommissioner:\n(a) whether the referred authority accepts the referral; and\n(b) if the referred authority accepts the referral – the result of the\ninvestigation and resolution.\nPart 5 Investigations\n28 Commencing investigation\n(1) The Commissioner may investigate a complaint only if satisfied that\nthe requirements of Part 4, Division 1 are met in relation to the\ncomplaint.\n(2) The Commissioner may investigate a matter on the Commissioner's\ninitiative only if satisfied that the matter may form a ground for\nmaking a complaint (irrespective of when the matter occurred and\nwhether or not a complaint was made in relation to the matter).\n(3) The Commissioner may make preliminary inquiries for\nsubsection (2).\n(4) Before commencing an investigation, the Commissioner must notify\neach responsible service provider, and the Chief Executive Officer\nof each responsible Agency, of the following:\n(a) the Commissioner's decision to conduct the investigation;\n(b) details of the matter to which the investigation relates;\n\nPart 5 Investigations\nChildren's Commissioner Act 2013 15\n(c) that the Agency and service provider may each make a written\nsubmission about the matter within a reasonable time\nspecified in the notice.\n29 Report of investigation\n(1) On completing the investigation, the Commissioner must:\n(a) prepare a report of the investigation; and\n(b) take any action the Commissioner considers appropriate in\nrelation to the matter to which the investigation relates.\n(2) Without limiting what may be included in the report, the\nCommissioner may, in the report:\n(a) make specified findings about the matter to which the\ninvestigation relates; and\n(b) recommend a responsible service provider or responsible\nAgency take specified actions within a specified time in\nrelation to that matter.\n(3) If the Commissioner proposes to make specified findings or\nrecommend specified actions in the report about a responsible\nservice provider or responsible Agency, the Commissioner must:\n(a) give the service provider or Agency a reasonable opportunity\nto comment on those findings or recommendations; and\n(b) take into account those comments in finalising the report; and\n(c) include a fair representation of those comments in the report.\n(4) For an investigation of a complaint, the Commissioner must, after\nfinalising the report, notify the complainant of:\n(a) the result of the investigation; and\n(b) any action taken or proposed to be taken for resolving the\ncomplaint.\n(5) The Commissioner:\n(a) must give a copy of the report to each of the following:\n(i) each responsible service provider;\n(ii) the Chief Executive Officer of each responsible Agency;\nand\n\nPart 5 Investigations\nChildren's Commissioner Act 2013 16\n(b) may give a copy of the report to a responsible Minister if the\nCommissioner considers it appropriate to do so.\n29A Response to recommendations\n(1) If the Commissioner, in a report made under section 29,\nrecommends that a responsible service provider or responsible\nAgency take a specified action, the service provider or Agency\nmust, within the time specified by the Commissioner in the report,\ngive the Commissioner a written notice specifying:\n(a) what the service provider or Agency has done, or proposes to\ndo, to take the specified action; or\n(b) if the service provider or Agency does not propose to take the\nspecified action, the reason why the service provider or\nAgency does not propose to do so.\n(2) The Commissioner may, if the Commissioner considers it\nappropriate to do so, give a copy of the notice under subsection (1)\nto:\n(a) if the report recommending the action that is the subject of the\nnotice was made in relation to an investigation of a\ncomplaint – the complainant; or\n(b) the responsible Minister.\n(3) If the Commissioner is not satisfied with the responsible service\nprovider or responsible Agency's notice under subsection (1), the\nCommissioner may give a report to the Minister including:\n(a) the report made under section 29 that contained the\nrecommendation made to the service provider or Agency; and\n(b) the notice received from the service provider or Agency in\nresponse to the recommendation; and\n(c) the reason the Commissioner is not satisfied with the notice.\n(4) The Minister must table a copy of a report received under\nsubsection (3) in the Legislative Assembly within 6 sitting days after\nreceiving the report.\n(5) Despite subsection (4), if the Commissioner is satisfied on\nreasonable grounds that it is in the public interest to do so, the\nCommissioner may:\n(a) direct that all or part of the report must not be tabled; or\n\nPart 6 Inquiries\nChildren's Commissioner Act 2013 17\n(b) direct that any information identifying individuals named in the\nreport be removed from the version of the report that is tabled.\n(6) In deciding whether to make a direction under subsection (5):\n(a) the Commissioner must have regard to the views of the CEO\nand the Minister; and\n(b) the possibility that tabling all or part of the report may result in\nembarrassment to, or a lack of confidence in, the Territory\nGovernment or an Agency is irrelevant.\n(7) If the Commissioner decides to make a direction under\nsubsection (5), the Commissioner must give the Minister written\nreasons for the decision as soon as practicable after making it.\nPart 6 Inquiries\n30 Undertaking inquiry\n(1) Subject to subsection (2), the Commissioner:\n(a) may undertake an inquiry related to the care and protection of\nchildren in the Territory on the Commissioner's own initiative;\nand\n(b) must undertake such an inquiry if directed to do so by the\nMinister.\n(2) The Commissioner may only undertake the inquiry if satisfied that\nthe inquiry is consistent with the objects of this Act and the\nCommissioner's functions.\n31 Notification of inquiry\nThe Commissioner must give each of the following persons written\nnotice that an inquiry will be undertaken:\n(a) the Minister;\n(b) if the Commissioner considers that the inquiry may involve\nconsideration of a matter that is the responsibility of another\nMinister – the other Minister;\n(c) if the Commissioner considers that the inquiry may involve\nconsideration of a matter that is the responsibility of an\nAgency – the Chief Executive Officer of the Agency.\n\nPart 6 Inquiries\nChildren's Commissioner Act 2013 18\n32 Procedures of inquiry\nThe Commissioner may determine the procedures of the inquiry.\n33 Report of inquiry\n(1) The Commissioner must give the Minister a report of the findings of\nthe inquiry.\n(1A) Without limiting what may be included in the report, the\nCommissioner may, in the report:\n(a) make specified findings about the matter to which the inquiry\nrelates; and\n(b) recommend one or more service providers or Agencies take\nspecified actions within a specified time in relation to that\nmatter.\n(1B) If the Commissioner proposes to make specified findings about or\nrecommend specified actions to a service provider or Agency in the\nreport, the Commissioner must:\n(a) give the service provider or Agency a reasonable opportunity\nto comment on those findings or recommendations; and\n(b) take into account those comments in finalising the report; and\n(c) include a fair representation of those comments in the report.\n(1C) If the Commissioner recommends in the report that a service\nprovider or Agency take a specified action, the Commissioner must\ngive the service provider or Agency a copy of the report.\n(2) The Minister must table the report in the Legislative Assembly\nwithin 6 sitting days after receiving it.\n(3) However, if the Commissioner is satisfied on reasonable grounds\nthat it is in the public interest to do so, the Commissioner may:\n(a) direct that all or part of the report must not be tabled; or\n(b) direct that any information identifying individuals named in the\nreport be removed from the version of the report that is tabled.\n(4) In deciding whether to make a direction under subsection (3):\n(a) the Commissioner must have regard to the views of the CEO\nand the Minister; and\n\nPart 6 Inquiries\nChildren's Commissioner Act 2013 19\n(b) the possibility that tabling all or part of the report may result in\nembarrassment to, or a lack of confidence in, the Territory\nGovernment or an Agency is irrelevant.\n(5) If the Commissioner decides to make a direction under\nsubsection (3), the Commissioner must give the Minister written\nreasons for the decision as soon as practicable after making it.\n33A Response to recommendations\n(1) If the Commissioner, in a report made under section 33,\nrecommends that a service provider or Agency take a specified\naction, the service provider or Agency must, within the time\nspecified by the Commissioner in the report, give the Commissioner\na written notice specifying:\n(a) what the service provider or Agency has done, or proposes to\ndo, to take the specified action; or\n(b) if the service provider or Agency does not propose to take the\nspecified action, the reason why the service provider or\nAgency does not propose to do so.\n(2) The Commissioner may give a copy of the notice to the Minister.\n(3) The Commissioner must, as soon as practicable after the time for\ngiving notices under subsection (1) has expired, give a further\nreport to the Minister specifying:\n(a) what has been done, or is proposed to be done, to take the\nactions recommended in the report made under section 33;\nand\n(b) if an action is not proposed to be taken, the reason why the\naction is not proposed to be taken.\n(4) The Minister must table a copy of the report received under\nsubsection (3) in the Legislative Assembly within 6 sitting days after\nreceiving the report.\n(5) Despite subsection (4), if the Commissioner is satisfied on\nreasonable grounds that it is in the public interest to do so, the\nCommissioner may:\n(a) direct that all or part of the report must not be tabled; or\n(b) direct that any information identifying individuals named in the\nreport be removed from the version of the report that is tabled.\n\nPart 7 Commissioner's other powers\nChildren's Commissioner Act 2013 20\n(6) In deciding whether to make a direction under subsection (5):\n(a) the Commissioner must have regard to the views of the CEO\nand the Minister; and\n(b) the possibility that tabling all or part of the report may result in\nembarrassment to, or a lack of confidence in, the Territory\nGovernment or an Agency is irrelevant.\n(7) If the Commissioner decides to make a direction under\nsubsection (5), the Commissioner must give the Minister written\nreasons for the decision as soon as practicable after making it.\nPart 7 Commissioner's other powers\n34 Access to child\n(1) For performing the Commissioner's functions, the Commissioner\nmay request a person to allow the Commissioner to have contact\nwith a child who is, or whom the Commissioner reasonably believes\nto be:\n(a) a vulnerable child; or\n(b) a witness for a matter to which an inquiry under Part 6 or a\ncomplaint or investigation relates.\n(2) The request must specify a reasonable time and place for the\ncontact.\n35 Access to information\n(1) For performing the Commissioner's functions, the Commissioner\nmay, by written notice, request a person:\n(a) to give specified information to the Commissioner within a\nreasonable time specified in the notice; or\n(b) to attend before the Commissioner at a reasonable time and\nplace specified in the notice:\n(i) to give information and answer questions about a\nspecified matter; or\n(ii) to produce a specified thing; or\n(c) to communicate with the Commissioner in any other way\nabout a specified matter at a reasonable time specified in the\nnotice.\n\nPart 8 Offences\nChildren's Commissioner Act 2013 21\n(2) If a person gives the Commissioner a thing in response to the\nrequest, the Commissioner:\n(a) may inspect it and make a copy of it; and\n(b) must return it to the person as soon as practicable.\n(3) For subsection (1), the Commissioner may require a person:\n(a) to give information on oath; or\n(b) to verify, on oath, a written statement of the person.\nPart 8 Offences\n36 Failure to comply with request for access to child\n(1) A person commits an offence if:\n(a) the Commissioner makes a request of the person under\nsection 34(1); and\n(b) the person engages in conduct that results in the person\nfailing to comply with the request.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if:\n(a) the defendant has a reasonable excuse; or\n(b) the child who is the subject of the request indicated that he or\nshe did not wish to have the contact specified in the request.\n37 Failure to comply with request for information\n(1) A person commits an offence if:\n(a) the Commissioner makes a request of the person under\nsection 35(1); and\n(b) the person engages in conduct that results in the person\nfailing to comply with the request.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n\nPart 8 Offences\nChildren's Commissioner Act 2013 22\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if:\n(a) the defendant has a reasonable excuse; or\n(b) a certificate under subsection (3) or (4) has been given in\nrelation to the request; or\n(c) a Supreme Court Judge has decided the defendant would be\nable to refuse to comply with the request on the ground of a\nprivilege had the request been made in a criminal proceeding;\nor\n(d) a Supreme Court Judge has decided any benefits arising from\ncomplying with the request will be outweighed by the damage\nto the defendant's financial interests or privacy as a result of\nthe compliance.\n(3) The Commissioner of Police may certify in writing that compliance\nwith the request would:\n(a) prejudice the investigation of any unlawful conduct; or\n(b) disclose a confidential source of information in relation to the\nadministration of a law; or\n(c) prejudice the effectiveness of a method or procedure in\nrelation to the administration of a law; or\n(d) facilitate a person's escape from lawful custody; or\n(e) endanger the safety of a person.\n(4) The Administrator may certify in writing that compliance with the\nrequest would be contrary to the public interest.\n(5) Without limiting subsection (4), the Administrator may do so if the\nAdministrator is satisfied the compliance would involve:\n(a) a disclosure of communications between the Administrator\nand the Executive Council or a member of the Executive\nCouncil; or\n(b) a disclosure of communications between one or more of the\nfollowing:\n(i) a Minister of the Territory;\n(ii) a Minister of the Commonwealth;\n(iii) a Minister of a State or another Territory; or\n\nPart 8 Offences\nChildren's Commissioner Act 2013 23\n(c) a disclosure of a deliberation or decision of:\n(i) the Executive Council or a committee of the Executive\nCouncil; or\n(ii) a committee of the Legislative Assembly formed to\nadvise the Administrator or a Minister; or\n(iii) the Cabinet of the Territory or of the Commonwealth, a\nState or another Territory.\n(6) The person who receives the request may apply to a Supreme\nCourt Judge for a decision about the application of subsection (2)(c)\nor (d) to the person.\n(7) The person bears the legal burden of proof for the application.\n(8) Subject to the decision of the Supreme Court Judge, the application\nmust be made in accordance with the Rules of Court made under\nthe Supreme Court Act 1979.\n(9) The Supreme Court Judge may make any orders necessary for the\npractical operation of section 35 including, for example, amending\nthe notice.\n38 Failure to comply with requirement to give information on oath\n(1) A person commits an offence if:\n(a) the Commissioner requires the person, under section 35(3) to:\n(i) give information on oath; or\n(ii) verify, on oath, a written statement of the person; and\n(b) the person engages in conduct that results in the person\nfailing to comply with the requirement.\nMaximum penalty: 20 penalty units.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n39 Misleading information or document\n(1) A person commits an offence if:\n(a) the person gives information to the Commissioner under this\nAct; and\n\nPart 8 Offences\nChildren's Commissioner Act 2013 24\n(b) the person knows the information is misleading.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) A person commits an offence if:\n(a) the person gives a document to the Commissioner under this\nAct; and\n(b) the person knows the document contains misleading\ninformation.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(3) Subsection (2) does not apply if the person, when giving the\ninformation:\n(a) draws the misleading aspect of the document to the\nCommissioner's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe Commissioner the information necessary to remedy the\nmisleading aspect of the document.\n(4) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n40 Preventing or obstructing complaint\nA person commits an offence if, as a result of the person's conduct,\nanother person:\n(a) is prevented from making a complaint; or\n(b) is obstructed in making a complaint.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n41 False complaint\nA complainant commits an offence if:\n(a) in making the complaint, the complainant makes a\nrepresentation; and\n\nPart 8 Offences\nChildren's Commissioner Act 2013 25\n(b) the complainant knows that the representation is false.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n42 Obstructing or improperly influencing investigation or inquiry\n(1) A person commits an offence if, as a result of the person's conduct,\nthe conduct of an investigation or inquiry is obstructed.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) A person commits an offence if the person engages in conduct with\nthe intention of improperly influencing the conduct of an\ninvestigation or inquiry.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(3) In this section:\nobstruct includes resist and hinder.\n42A Reprisal against informant\n(1) A person commits an offence if:\n(a) the person intentionally takes an action against another\nperson; and\n(b) the action is a detrimental action and the person is reckless in\nrelation to that circumstance; and\n(c) the detrimental action is taken wholly or partly because the\nperson believes the other person gave or disclosed\ninformation to the Commissioner.\nMaximum penalty: 100 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(c).\n\nPart 9 Commissioner's reports\nChildren's Commissioner Act 2013 26\n(3) A person may be found guilty of an offence under this section even\nif the other person did not in fact give or disclose information to the\nCommissioner.\n(4) In this section:\ndetrimental action means action causing, comprising or involving\nany of the following:\n(a) injury, damage or loss;\n(b) an adverse change in living conditions;\n(c) intimidation or harassment;\n(d) discrimination, disadvantage or adverse treatment in relation\nto employment;\n(e) dismissal from, or prejudice in, employment;\n(f) disciplinary proceedings;\n(g) other disadvantage or prejudice of any kind.\nPart 9 Commissioner's reports\n43 Annual report and other reports\n(1) The Commissioner must:\n(a) by 31 October following the end of each financial year,\nprepare and give the Minister a report on the operation of this\nAct during that year; and\n(b) as required by the Minister, prepare and give the Minister a\nreport mentioned in section 10(1)(g).\n(2) If the Commissioner considers it appropriate to do so, the\nCommissioner may also prepare and give the Minister a report\nabout a matter relating to the performance of a function of the\nCommissioner.\n(3) Without limiting subsection (1) or (2), a report may contain\nparticulars about a person's failure to comply with this Act.\n(4) The Minister must table each report mentioned in subsection (1)\nor (2) in the Legislative Assembly within 6 sitting days after\nreceiving it.\n\nPart 10 Disclosure of confidential information\nChildren's Commissioner Act 2013 27\n(5) The Commissioner may, for a report (the first report) mentioned in\nsubsection (1) or (2), prepare and give the Minister a second report,\non a confidential basis, about a matter to which the first report\nrelates.\n(6) However, the Commissioner may do so only if the Commissioner\nconsiders aspects of the matter should not be publicly disclosed,\nhaving regard to:\n(a) the underlying principles; and\n(b) any action being taken by the Commissioner or anyone else.\n44 Publication of reports\n(1) The Commissioner may publish all or part of a report made under\nthis Act if the Commissioner is satisfied it is in the public interest to\ndo so.\n(2) The Commissioner may give a person all or part of a report made\nunder this Act if the Commissioner is satisfied it is in the interests of\na person to do so.\nPart 10 Disclosure of confidential information\n45 Disclosure of information to Commissioner generally\n(1) An officer of a public authority may disclose information to the\nCommissioner for this Act despite any restriction on the disclosure\nunder a law of the Territory.\n(2) For subsection (1), an officer of a public authority includes any of\nthe following:\n(a) the authority's principal officer;\n(b) a member of the authority;\n(c) a member of the staff of the authority;\n(d) a person employed or engaged by the authority.\n(3) This section has effect subject to section 37(2) to (9).\n46 Direction by Commissioner not to disclose information\n(1) This section applies if a person is given a document by the\nCommissioner for this Act.\n\nPart 10 Disclosure of confidential information\nChildren's Commissioner Act 2013 28\n(2) The Commissioner may direct the person not to disclose any\ninformation in the document except as specified in the direction.\n(3) A person commits an offence if:\n(a) the Commissioner gives the person a direction under\nsubsection (2); and\n(b) the person engages in conduct that results in the person\ncontravening the direction.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(4) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant has a reasonable excuse.\n47 Confidentiality\n(1) A person commits an offence if the person:\n(a) obtains information in the course of performing functions\nunder this Act; and\n(b) either:\n(i) engages in conduct that results in the disclosure of the\ninformation; or\n(ii) uses the information.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(iv) for investigating a complaint about the care or protection\nof children under a law of the Territory, or a law of the\nCommonwealth, a State or another Territory; or\n\nPart 11 Immunity\nChildren's Commissioner Act 2013 29\n(b) the information is otherwise available to the public.\nNote for subsection (2)\nIn addition, under section 43BE of the Criminal Code, a person is not criminally\nresponsible for conduct constituting an offence if the conduct is justified or\nexcused by law.\n(3) A person must not be required in a proceeding to give evidence or\nproduce a thing for a matter that came to the person's knowledge in\nexercising a power or performing a function under this Act.\n(4) A proceeding mentioned in subsection (3):\n(a) includes:\n(i) a proceeding of a court or tribunal; or\n(ii) any other proceeding conducted by a person having the\npower to take evidence on oath; but\n(b) does not include a proceeding for an offence alleged to have\nbeen committed by a person in exercising a power or\nperforming a function under this Act.\n(5) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\nPart 11 Immunity\n48 Protection from liability – complainant and informants\n(1) A person acting in good faith in making a complaint or providing\ninformation to the Commissioner or a member of the\nCommissioner's staff:\n(a) does not incur any civil or criminal liability in relation to the\nmaking of the complaint or provision of information; and\n(b) cannot be held to have breached any code of professional\netiquette or ethics, or to have departed from any accepted\nstandard of conduct in relation to the making of the complaint\nor provision of the information; and\n(c) cannot be held to have contravened any Act in relation to the\nmaking of the complaint or provision of the information.\n\nPart 12 Miscellaneous matters\nChildren's Commissioner Act 2013 30\n(2) A civil proceeding may be brought against a person for making a\ncomplaint or giving information for this Act only with the leave of the\nSupreme Court.\n(3) The Supreme Court may grant the leave only if it is satisfied there is\na substantial ground for contending the person has not acted in\ngood faith.\n(4) This section has effect:\n(a) whether the complaint made or information provided is true or\nfalse; and\n(b) whether the person provides the information at the request of\nthe Commissioner or a member of the Commissioner's staff or\non the person's own initiative; and\n(c) despite any duty of secrecy or confidentiality or any other\nrestriction on the provision of information applicable to the\nperson.\n49 Protection from liability – Commissioner and staff\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function under this Act.\n(2) Subsection (1) does not affect any liability the Territory would,\napart from that subsection, have for the act or omission.\n(3) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\nPart 12 Miscellaneous matters\n50 Review of Care and Protection of Children Act 2007\n(1) The Commissioner must:\n(a) review the operation and effectiveness of the Care and\nProtection of Children Act 2007 in so far as it relates to\nvulnerable children at least once every 3 years; and\n(b) prepare and give the Minister a report of the findings of the\nreview.\n\nPart 13 Transitional matters for Children's Commissioner Act 2013\nChildren's Commissioner Act 2013 31\n(2) The Minister must table the report in the Legislative Assembly\nwithin 6 sitting days after receiving it.\n51 Delegation\n(1) The Commissioner may, in writing, delegate to a person any of the\nCommissioner's powers or functions under this Act.\n(2) The Commissioner may do so only if satisfied the person has the\nappropriate qualifications or experience to exercise the power or\nperform the function.\n52 Regulations\nThe Administrator may make regulations under this Act.\nPart 13 Transitional matters for Children's\nCommissioner Act 2013\n53 Definitions\nIn this Part:\namended Act means the Care and Protection of Children Act 2007\nas in force immediately before the commencement day.\ncommencement day means the day section 61 commences.\n54 Continuation of ongoing matters\nAnything done or omitted to be done under the amended Act by, to,\nor in relation to the Children's Commissioner before the\ncommencement day that is of ongoing effect becomes, on the\ncommencement day, a thing done or omitted to be done by, to, or in\nrelation to, the Commissioner under this Act.\n55 Children's Commissioner\n(1) This section applies to the person holding office as the Children's\nCommissioner (the former office) under the amended Act\nimmediately before the commencement day.\n(2) The person holds office as the Children's Commissioner under this\nAct on the conditions on which the person held the former office\nuntil the end of the person's term of appointment to the former\noffice.\n\nPart 13 Transitional matters for Children's Commissioner Act 2013\nChildren's Commissioner Act 2013 32\n56 Acting Children's Commissioner\nAn instrument under section 290 of the amended Act appointing a\nperson to act in the office of Commissioner that is in force\nimmediately before the commencement day continues in force as if\nit were an instrument under section 17 of this Act.\n57 Investigations\nAn investigation commenced under section 269 of the amended Act\nis taken to be an investigation commenced under section 28 of this\nAct if, before the commencement day, the Children's\nCommissioner:\n(a) has not completed the investigation; or\n(b) has not complied with the requirements of section 270 of the\namended Act in relation to the investigation.\n58 Complaints\n(1) A complaint made under section 263 of the amended Act is taken to\nbe a complaint made under section 20 of this Act if any of the\nfollowing apply:\n(a) the Children's Commissioner has not made a decision under\nsection 266 of the amended Act in relation to the complaint\nbefore the commencement day;\n(b) the Children's Commissioner:\n(i) has made a decision under section 266 of the amended\nAct in relation to the complaint; but\n(ii) has not complied with the requirements of section 267 of\nthe amended Act in relation to the decision before the\ncommencement day;\n(c) the Children's Commissioner:\n(i) has decided under section 266 of the amended Act to\ninvestigate the complaint; but\n(ii) has not commenced the investigation before the\ncommencement day;\n\nPart 13 Transitional matters for Children's Commissioner Act 2013\nChildren's Commissioner Act 2013 33\n(d) the Children's Commissioner:\n(i) has decided under section 266 of the amended Act to\nrefer the complaint to another person for investigation;\nbut\n(ii) has not made the referral before the commencement\nday.\n(2) A complaint referred to another person (the referred authority) for\ninvestigation under section 266 of the amended Act is taken to be a\ncomplaint referred to the referred authority under section 23 of this\nAct if, before the commencement day, the referred authority has not\ncomplied with the requirements of section 268 of the amended Act\nin relation to the complaint.\n59 Access to information\nA request made of a person under section 271 or 272 of the\namended Act is taken to be a request made under section 34 or 35\nof this Act if, before the commencement day, the person has not\ncomplied with the request.\n60 First annual report\nThe first annual report given under section 43(1)(a) must cover:\n(a) the operation of Chapter 5, Part 5.1 of the amended Act from\n30 June 2013 to the commencement day; and\n(b) the operation of this Act from the commencement day to\n30 June 2014.\n\nENDNOTES\nChildren's Commissioner Act 2013 34\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nChildren's Commissioner Act 2013 (Act No. 33, 2013)\nAssent date 18 December 2013\nCommenced 1 January 2014 (Gaz S72, 23 December 2013)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nChildren's Commissioner Amendment Act 2024 (Act No. 6, 2024)\nAssent date 9 April 2024\nCommenced 1 May 2024 (Gaz S34, 30 April 2024)\n\nENDNOTES\nChildren's Commissioner Act 2013 35\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 6, 7, 10, 37, 50 and 53.\n4 LIST OF AMENDMENTS\ns 6 amd No. 39, 2019, s 370; No. 6, 2024, s 4\ns 9 amd No. 6, 2024, s 5\ns 10 amd No. 6, 2024, s 6\ns 18 amd No. 8, 2016, s 45\ns 29 amd No. 6, 2024, s 7\ns 29A ins No. 6, 2024, s 8\ns 33 amd No. 6, 2024, s 9\ns 33A ins No. 6, 2024, s 10\ns 37 amd No. 8, 2016, s 45\ns 42 amd No. 6, 2024, s 11\ns 42A ins No. 6, 2024, s 12\ns 44 sub No. 6, 2024, s 13\ns 48 amd No. 6, 2024, s 14\npt 14 hdg exp No. 33, 2013, s 83\npt 14\ndiv 1 hdg exp No. 33, 2013, s 83\nss 61 – 68 exp No. 33, 2013, s 83\npt 14\ndiv 2 hdg exp No. 33, 2013, s 83\nss 69 – 70 exp No. 33, 2013, s 83\npt 14\ndiv 3 hdg exp No. 33, 2013, s 83\nss 71 – 73 exp No. 33, 2013, s 83\npt 14\ndiv 4 hdg exp No. 33, 2013, s 83\nss 74 – 75 exp No. 33, 2013, s 83\npt 14\ndiv 5 hdg exp No. 33, 2013, s 83\nss 76 – 78 exp No. 33, 2013, s 83\npt 14\ndiv 6 hdg exp No. 33, 2013, s 83\nss 79 – 80 exp No. 33, 2013, s 83\npt 14\ndiv 7 hdg exp No. 33, 2013, s 83\nss 81 – 82 exp No. 33, 2013, s 83\npt 14\ndiv 8 hdg exp No. 33, 2013, s 83\ns 83 exp No. 33, 2013, s 83","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":6,"scope_assessment":{"changed":true,"description":"The enacted text has been amended since 2013 to broaden accountability and protections: mandatory response and follow‑up reporting obligations were added (ss29A, 33A), a reprisal offence was introduced (s42A), and publication/redaction and confidentiality rules were clarified (ss33(3)–(5), 43–47). The Act retains its core remit over \"vulnerable children\" but recent amendments increased enforcement, reporting and confidentiality mechanics and expanded offence provisions, altering practical scope and compliance duties (see endnotes and listed section amendments)."},"complexity_factors":["Extensive cross‑referencing to other laws and defined terms (Care and Protection of Children Act 2007; Criminal Code; Ombudsman Act) creates interpretive dependencies (see ss6, 7, 8).","Multiple discretionary decision paths for the Commissioner (investigate, refer, not deal, resolve) with time limits and ability to change course (s23; s24).","Compulsory information and access powers with layered defences and certification routes (ss34–35; ss37(2)–(6); ss38–39).","A suite of criminal offences and penalties with varying mens rea rules (including strict liability in s42A) and different maximum penalties (ss36–42A).","Complex confidentiality, publication and redaction regime balancing public tabling and non‑disclosure directions (ss33(3)–(5); ss43–47).","Follow‑up and accountability requirements (reports, mandatory responses from service providers and tabling obligations) add compliance and administrative burdens (ss29, 29A, 33, 33A, 43).","Broad, multi‑category definition of \"vulnerable child\" and of \"service provider\" affects the Act's operational scope and who bears compliance costs (ss6–7).","Transitional provisions and later amendments (Part 13; endnotes) change responsibilities and introduce new offences and reporting mechanisms, complicating statutory history."],"plain_english_summary":"Establishes an independent Children's Commissioner to receive complaints and to investigate, on complaint or on the Commissioner's own initiative, failures in services for \"vulnerable children.\" The Commissioner decides to investigate, refer or resolve complaints (s23), can access children and compel information (ss34–35), make findings and recommend actions with required responses (ss29, 29A, 33, 33A). Service providers and agencies must respond and face penalties for non‑compliance (ss36–37); Ministers receive reports that may be tabled (ss33, 43)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as established in 2013. The 2024 amendments (Act No. 6) added specific mechanisms for responding to recommendations (sections 29A, 33A) and whistleblower protections (section 42A), but these represent operational strengthening rather than scope creep. The core functions — complaints, investigations, inquiries, and monitoring — remain tightly focused on vulnerable children and child protection systems."},"complexity_factors":["Extensive cross-referencing to the Care and Protection of Children Act 2007 (at least 15 defined terms rely on external legislation)","Nested conditional logic in complaint handling (section 23) with multiple decision branches and exceptions (section 24)","Complex offence structure with multiple defences and certificate mechanisms (sections 36-42A), including Supreme Court override provisions","Dual-track reporting mechanisms for investigations and inquiries with different response requirements (sections 29/29A vs 33/33A)","Detailed public interest immunity and confidentiality provisions with specific exceptions (sections 37, 46, 47)","Transitional provisions preserving pre-existing matters under repealed legislation (Part 13)"],"plain_english_summary":"The Act establishes an independent Northern Territory Children's Commissioner — a watchdog to protect vulnerable children (including those in care, youth justice, with disability or mental illness, or leaving care) and to strengthen child safety systems. It affects service providers, government agencies, police, and the public, who can raise concerns or be investigated.\n\nThe Commissioner can investigate complaints and systemic issues, compel evidence, make recommendations, and escalate non‑compliance. The law creates offences for obstruction or reprisals, protects good‑faith complainants, prioritises Aboriginal appointment, and limits public disclosure to protect children."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/children-s-commissioner-act-2013","history":"/api/acts/children-s-commissioner-act-2013/history","analysis":"/api/acts/children-s-commissioner-act-2013/analysis","conflicts":"/api/acts/children-s-commissioner-act-2013/conflicts","importantCases":"/api/acts/children-s-commissioner-act-2013/important-cases","documents":"/api/acts/children-s-commissioner-act-2013/documents"}}