Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill

Hon Carmel Sepuloni

Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill

Government Bill

94—1

Contents

Explanatory note
1Title
2Commencement
3Overview
4Purpose of this Act
5Principles
6Treaty of Waitangi (Tiriti o Waitangi)
7Common duties
8Interpretation
9Meaning of Oranga Tamariki system
10Transitional, savings, and related provisions
11Act binds the Crown
12Independent Monitor of Oranga Tamariki System
13Monitor’s objectives
14Monitoring function
15Limit on Ministers’ powers in relation to Monitor
16Tools and monitoring approaches
17Māori Advisory Group
18Collaboration with Māori Advisory Group
19Arrangements with iwi and Māori organisations
20Monitor must have code of ethics relating to engagement
21State of Oranga Tamariki System report
22Annual report on compliance with national care standards regulations
23Annual report on outcomes for Māori children and young people and their whānau
24Requests for reviews
25Reviews on Monitor’s own initiative
26Comments on Monitor’s draft findings or draft report
27Final reports
28Final reports to be presented to House of Representatives
29Responses to final reports
30Publication of final reports and responses
31Duty to protect individuals’ privacy in relation to reports
32Authorisation of staff
33Power to enter premises
34Notice of entry
35Limits on power of entry
36Purpose of this subpart
37Application of Act to Ombudsmen
38Duties of Ombudsman in relation to complaints and investigations
39Guidance relating to complaints and systems improvement
40Preliminary inquiries
41Information to be proactively provided to Ombudsman
42Arrangements with iwi and Māori organisations
43Purpose for which information to be collected, used, or disclosed
44Engagement by Monitor
45Monitor’s power to require information
46Consent required to collect information from child or young person
47Duty of caregiver to facilitate access to child or young person without undue delay
48Disclosure of information
49Monitor’s information rules
50Content of information rules
51Sharing of information between Monitor and Ombudsman
52Monitor may report interference or non-compliance
53No power for Monitor to review courts or tribunals
54Referrals of matters
55Protection from personal liability
56Regulations
57Review of Act
58Principal Act
59Section 2 amended (Interpretation)
60Principal Act
61Section 15 amended (House of Representatives may make rules for guidance of Ombudsmen)
62Schedule 1 amended
63Principal Act
64Section 2 amended (Interpretation)
65Section 7 amended (Duties of chief executive)
66Section 47 amended (Report to be furnished to Commissioner where child or young person released before required to be brought before court)
67Section 445E amended (Limit on proceedings)
68Section 447 amended (Regulations)
69Section 447A repealed (Minister to appoint independent persons to monitor compliance with prescribed standard of care)
70Schedule 1AA amended
71Principal regulations
72Regulation 5 amended (Interpretation)
73Regulations 77 to 85 and cross-heading revoked
74Regulation 86 amended (Self-monitoring)
75Regulation 87 amended (Reporting to the Minister and independent monitor on results of self-monitoring)
76Principal regulations
77Regulation 31 amended (Functions and duties of grievance panels)
78Principal rules
79Rule 427 amended (Access to documents and court files during first access period)
80Principal rules
81Rule 2 amended (Power to publish reports)
82Overview
83Purpose of this Part
84Principles
85Treaty of Waitangi (Tiriti o Waitangi)
86Interpretation
87Children’s Convention
88Transitional, savings, and related provisions
89Part binds the Crown
90Children and Young People’s Commission established
91Commission’s board
92Experience and knowledge of board members
93Recommendation and endorsement of board members
94Nominations panel
95Appointment of Judge to Commission
96Duties of board
97Independence of Commission
98Exemption from income tax
99Promoting interests and well-being of children and young people
100Promoting and advancing rights of children and young people
101Encouraging children’s and young people’s participation and voices
102Common duties
103Additional functions, duties, or powers
104Commission must have regard to rights or interests and welfare of children
105Commission must not make adverse comment unless opportunity to be heard is given
106Commission’s code of ethics
107Special powers to call for information or documents
108Compliance with section 107
109Commission and staff must maintain secrecy
110Procedure for inquiries
111Information rules
112Content of information rules
113Sharing of information with Monitor and Ombudsman
114Commission may report interference or non-compliance
115Referral of matters
116Proceedings privileged
117Regulations
118Review of Part
119Principal regulations
120Schedule amended
121Consequential amendments
122Repeal of Children’s Commissioner Act 2003

The Parliament of New Zealand enacts as follows: