8General functions of Commissioner

8 General functions of Commissioner

(1)  The Commissioner has the following functions:

(a) advocating for all children and young people in the State generally;

(b) acting as advocate for a detainee under the Youth Justice Act 1997 ;

(c) researching, investigating and influencing policy development into matters relating to children and young people generally;

(d) promoting, monitoring and reviewing the wellbeing of children and young people generally;

(e) promoting and empowering the participation of children and young people in the making of decisions, or the expressing of opinions on matters, that may affect their lives;

(f) assisting in ensuring the State satisfies its national and international obligations in respect of children and young people generally;

(g) encouraging and promoting the establishment by organisations of appropriate and accessible mechanisms for the participation of children and young people in matters that may affect them;

(h) such other functions as are prescribed.

(2)  If the Commissioner advises the Minister under this Act or any other Act, the Commissioner must also provide the advice to any other Minister who administers the department, Agency or legislation that is the subject of the advice.

(3)  Unless otherwise specified, the Commissioner must act independently, impartially and in the public interest when performing a function, or exercising a power, under this Act or any other Act.

(4)  For the purpose of performing any function, or exercising any power, the Commissioner may determine when a child is considered a young person for the purpose of the function or power.