Northern Territory Numbered Acts

CHILDREN'S COMMISSIONER AMENDMENT ACT 2024 (NO 6 OF 2024) - SECT 10

After section 33, in Part 6

insert

33A     Response to recommendations

    (1)     If the Commissioner, in a report made under section 33, recommends that a service provider or Agency take a specified action, the service provider or Agency must, within the time specified by the Commissioner in the report, give the Commissioner a written notice specifying:

    (a)     what the service provider or Agency has done, or proposes to do, to take the specified action; or

    (b)     if the service provider or Agency does not propose to take the specified action, the reason why the service provider or Agency does not propose to do so.

    (2)     The Commissioner may give a copy of the notice to the Minister.

    (3)     The Commissioner must, as soon as practicable after the time for giving notices under subsection (1) has expired, give a further report to the Minister specifying:

    (a)     what has been done, or is proposed to be done, to take the actions recommended in the report made under section 33; and

    (b)     if an action is not proposed to be taken, the reason why the action is not proposed to be taken.

    (4)     The Minister must table a copy of the report received under subsection (3) in the Legislative Assembly within 6 sitting days after receiving the report.

    (5)     Despite subsection (4), if the Commissioner is satisfied on reasonable grounds that it is in the public interest to do so, the Commissioner may:

    (a)     direct that all or part of the report must not be tabled; or

    (b)     direct that any information identifying individuals named in the report be removed from the version of the report that is tabled.

    (6)     In deciding whether to make a direction under subsection (5):

    (a)     the Commissioner must have regard to the views of the CEO and the Minister; and

    (b)     the possibility that tabling all or part of the report may result in embarrassment to, or a lack of confidence in, the Territory Government or an Agency is irrelevant.

    (7)     If the Commissioner decides to make a direction under subsection (5), the Commissioner must give the Minister written reasons for the decision as soon as practicable after making it.