The Tasmanian Greens today said the recent incident involving police strip searching a minor highlighted the need for the Children’s Commissioner to be given the power to initiate inquiries, in line with recent recommendations by the Child Protection Committee.*
Greens Member for Braddon Paul O’Halloran MP today wrote to the Commissioner, Aileen Ashford, highlighting community concerns over the incident and stressing the need for a review of both the incident and any relevant Acts.
Mr O’Halloran, who also chaired the Child Protection Committee, said that the Commissioner currently does not have the power to initiate such a review, unless it is specifically requested by the Minister for Children.
“The Commissioner needs to be able to provide fearless advice to protect children in their own best interests, and she is currently restricted in her ability to investigate this type of incident,” said Mr O’Halloran.
“The public must have confidence that the Commissioner’s is able to conduct her work at arm’s length from the Minister, otherwise the Commissioner’s work risks becoming politicised.”
“I have today written to Ms Ashford seeking her involvement in a review of the incident, but I am conscious that this will need to be facilitated by the Minister, Michelle O’Byrne.”
“As Chairman of last year’s parliamentary inquiry into Child Protection, I can only emphasise the need for all the facts to be on the table before we jump to conclusions about any inappropriate actions.”
“Ms Ashford is a highly-qualified expert whose role is intended to protect and advise upon the rights of children in just this kind of circumstance,” Mr O’Halloran said.
Attached: Letter from Paul O’Halloran MP to the Commissioner for Children, Aileen Ashford.
Link: Parliamentary Select Committee on Child Protection: Final report 2011: http://www.parliament.tas.gov.au/ctee/House/Reports/Final%20Report%20CP.pdf
* Recommendation 79 of the report states that:
The role of the Commissioner for Children be expanded to enable the undertaking of own-motion inquiries within the proper function of the Commissioner for Children.
Download:
ATTACH_Letter_to_Commissioner_for_Children_Police_Strip_Search_of_Child_Jan_2012_POH.pdf
• Tuesday: MINISTER FOR CHILDREN OBLIGED TO ACT ON STRIP SEARCH ISSUE
Paul O’Halloran MP
Greens Children’s Spokesperson
The Tasmanian Greens today wrote to the Minister for Children Michelle O’Byrne MP urging the Minister to immediately authorise an investigation by the Commissioner for Children into a reported incident involving police strip searching a 12 year old child.
Greens Children’s spokesperson Paul O’Halloran MP said the Commissioner’s role was intended for this type of situation, but the Commissioner was unable to initiate an inquiry without a formal Ministerial request.
“Given the level of community concern over this issue, the Commissioner should be provided with the authority to review the incident and any relevant Acts, to ensure that all obligations to the child have been met,” Mr O’Halloran said.
“It is vital for the Tasmanian community to have trust in the state’s child protection systems, and the Greens believe that the Commissioner for Children has a vital role to play in this.”
Mr O’Halloran said that the Commissioner is currently limited in her ability to initiate investigations into individual cases by the Children, Young Persons and Their Families Act (1997).
“The Greens believe the Commissioner’s powers should be extended to allow own-motion inquiries, which would allow the Commissioner to investigate this type of incident without official Ministerial approval.”
“The Greens believe the Commissioner should to be able to conduct her work at arm’s length from the Minister, to avoid any possible perception that the role is subject to political influence,” Mr O’Halloran said.
Download: Letter from Paul O’Halloran MP to the Minister for Children, Michelle O’Byrne MP:
ATTACH_Letter_to_Minister_Commissioner_for_Children_Investigative_Powers_POH_Jan_2012.pdf
