Div 1Child Development Council

Division 1—Child Development Council 46—Establishment of Child Development Council (1) The Child Development Council is established. (2) The Council consists of up to 12 members appointed by the Minister, being persons who collectively have, in the opinion of the Minister, the knowledge, skills and experience necessary to enable the Council to carry out its functions effectively. (3) The Minister must, before appointing a member to the Council, call for expressions of interest under a scheme determined by the Minister for the purposes of this section. (4) The Minister may appoint a person to be the deputy of a member of the Council. (5) A deputy may act as a member of the Council during any period of absence of the member in relation to whom the deputy has been appointed. 47—Terms and conditions of membership (1) Subject to this section, a member of the Council will hold office on conditions, and for a term (not exceeding 2 years), determined by the Minister and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment. (2) The office of a member becomes vacant if the member— (c) resigns by written notice to the Minister; or (iii) an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or (g) is removed from office by the Minister under subsection (3). (3) The Minister may remove a member from office— (a) for misconduct or conduct that may bring the Council into disrepute; or (b) for breach of, or non-compliance with, a condition of appointment; or (c) if the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or (d) if the member has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (e) if the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or (f) for incompetence or neglecting the duties of the position; or (g) any other reason the Minister thinks fit. (4) An act or proceeding of the Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 48—Presiding member and deputy presiding member The Minister must appoint 1 of the members of the Council to be the presiding member of the Council and 1 to be the deputy presiding member. 49—Delegation (1) The Council may delegate a function or power under this Act (other than a prescribed function or power)— (a) to a member of the Council; or (b) to a committee established by the Council; or (c) to a specified body or person (including a person for the time being holding or acting in a specified office or position). (c) does not derogate from the ability of the Council to act in any matter; and (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 50—Committees (1) The Council may establish committees— (a) to advise the Council; or (b) to carry out functions on behalf of the Council. (2) The membership of a committee will be determined by the Council and may, but need not, consist of, or include, members of the Council. (3) The Council will determine who will be the presiding member of a committee. (4) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the Council; and (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. 51—Council's procedures (1) Subject to this Act, a quorum of the Council consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1. (2) The Council must meet at least 6 times in any calendar year. (3) The presiding member will preside at a meeting of the Council and, in the absence of that person, or, in that member's absence, by the deputy presiding member and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Council must choose 1 of their number to preside at the meeting. (4) A decision carried by a majority of the votes cast by members of the Council at a meeting is a decision of the Council. (5) Each member present at a meeting of the Council has 1 vote on any question arising for decision (but, to avoid doubt, the member presiding at the meeting does not have a casting vote if the votes are equal). (6) The Council must have accurate minutes kept of its meetings. (7) Subject to this Act and any direction of the Minister, the Council may determine its own procedures. 52—CCYP and CACYP or representative may attend meetings of Council The CCYP and the CACYP, or a person authorised in writing by the CCYP or the CACYP— (a) may attend and take part in discussions at any meeting of the Council; and (b) may have access to papers provided to members for the purposes of any meeting of the Council, but does not have a vote on any question arising for decision at a meeting of the Council. 53—Staff and resources The Minister must provide the Council with the staff and other resources that the Council reasonably needs for carrying out the Council's functions. 54—Use of staff etc of Public Service The Council may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the staff, equipment or facilities of that administrative unit. 55—Functions and powers of Council (1) The primary function of the Council is to prepare and maintain the Outcomes Framework for Children and Young People. (2) The Council has the following additional functions: (a) to advise and report to the Government on the effectiveness of the Outcomes Framework in— (i) keeping children and young people safe from harm; and (ii) ensuring that children and young people are cared for in a way that allows them to realise their potential; and (iii) improving the physical and mental health, and the emotional wellbeing, of children and young people; and (iv) improving the participation of children and young people in educational and vocational training; and (v) improving the participation of children and young people in sporting, creative, cultural and other recreational activities; and (vi) ensuring that children and young people are properly prepared for taking their position in society as responsible citizens; and (vii) maintaining the cultural identity of children and young people; (b) to promote the implementation of the Outcomes Framework in respect of matters affecting children and young people under the laws of the State; (c) such other functions as may be assigned to the Council under this or any other Act or by the Minister. (3) In performing the functions under this section, the Council should, as far as is reasonably practicable, seek to work collaboratively with— (a) State authorities and Commonwealth agencies that have functions that are relevant to those of the Council; and (b) relevant industry, professional and community groups and organisations. (4) Subject to this Act, the Council has such powers as may be necessary or expedient for the performance of the Council's functions. 56—Reporting obligations (1) The Council must, at the request of the Minister, provide a report to the Minister on the performance of its functions or on any other matter specified by the Minister. (2) The Council must, on or before 31 October in each year, report to the Minister on the performance of its functions during the preceding financial year. (3) The Minister must, within 6 sitting days after receiving a report under subsection (2), have copies of the report laid before both Houses of Parliament.