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

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Hon Carmel Sepuloni

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

Government Bill

94—1

	Explanatory note
1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Overview
4	Purpose of this Act
5	Principles
6	Treaty of Waitangi (Tiriti o Waitangi)
7	Common duties
8	Interpretation
9	Meaning of Oranga Tamariki system
10	Transitional, savings, and related provisions
11	Act binds the Crown
	Part 2 Oversight of Oranga Tamariki system
	Subpart 1—Monitoring of Oranga Tamariki system
	Independent Monitor of Oranga Tamariki System
12	Independent Monitor of Oranga Tamariki System
	Monitor’s objectives, monitoring function, duties, and powers
13	Monitor’s objectives
14	Monitoring function
15	Limit on Ministers’ powers in relation to Monitor
16	Tools and monitoring approaches
	Māori Advisory Group
17	Māori Advisory Group
18	Collaboration with Māori Advisory Group
	Arrangements with iwi and Māori organisations
19	Arrangements with iwi and Māori organisations
	Code of ethics
20	Monitor must have code of ethics relating to engagement
	Reports and reviews
21	State of Oranga Tamariki System report
22	Annual report on compliance with national care standards regulations
23	Annual report on outcomes for Māori children and young people and their whānau
24	Requests for reviews
25	Reviews on Monitor’s own initiative
26	Comments on Monitor’s draft findings or draft report
27	Final reports
28	Final reports to be presented to House of Representatives
29	Responses to final reports
30	Publication of final reports and responses
31	Duty to protect individuals’ privacy in relation to reports
	Power of entry for monitoring purposes
32	Authorisation of staff
33	Power to enter premises
34	Notice of entry
35	Limits on power of entry
	Subpart 2—Complaints oversight by Ombudsmen
36	Purpose of this subpart
37	Application of Act to Ombudsmen
38	Duties of Ombudsman in relation to complaints and investigations
39	Guidance relating to complaints and systems improvement
40	Preliminary inquiries
41	Information to be proactively provided to Ombudsman
	Arrangements with iwi and Māori organisations
42	Arrangements with iwi and Māori organisations
	Part 3 Information provisions and other matters
	Subpart 1—Information provisions
43	Purpose for which information to be collected, used, or disclosed
	Collection of information
44	Engagement by Monitor
45	Monitor’s power to require information
46	Consent required to collect information from child or young person
47	Duty of caregiver to facilitate access to child or young person without undue delay
	Disclosure of information
48	Disclosure of information
	Monitor’s information rules
49	Monitor’s information rules
50	Content of information rules
	Sharing of information
51	Sharing of information between Monitor and Ombudsman
	Subpart 2—Other matters
	Reports of interference or non-compliance
52	Monitor may report interference or non-compliance
	No power for Monitor to review courts or tribunals
53	No power for Monitor to review courts or tribunals
	Referrals
54	Referrals of matters
	Miscellaneous
55	Protection from personal liability
56	Regulations
57	Review of Act
	Part 4 Amendments to other legislation
	Subpart 1—Amendments to Acts
	Amendments to Official Information Act 1982
58	Principal Act
59	Section 2 amended (Interpretation)
	Amendments to Ombudsmen Act 1975
60	Principal Act
61	Section 15 amended (House of Representatives may make rules for guidance of Ombudsmen)
62	Schedule 1 amended
	Amendments to Oranga Tamariki Act 1989
63	Principal Act
64	Section 2 amended (Interpretation)
65	Section 7 amended (Duties of chief executive)
66	Section 47 amended (Report to be furnished to Commissioner where child or young person released before required to be brought before court)
67	Section 445E amended (Limit on proceedings)
68	Section 447 amended (Regulations)
69	Section 447A repealed (Minister to appoint independent persons to monitor compliance with prescribed standard of care)
70	Schedule 1AA amended
	Subpart 2—Amendments to secondary legislation
	Amendments to Oranga Tamariki (National Care Standards and Related Matters) Regulations 2018
71	Principal regulations
72	Regulation 5 amended (Interpretation)
73	Regulations 77 to 85 and cross-heading revoked
74	Regulation 86 amended (Self-monitoring)
75	Regulation 87 amended (Reporting to the Minister and independent monitor on results of self-monitoring)
	Amendment to Oranga Tamariki (Residential Care) Regulations 1996
76	Principal regulations
77	Regulation 31 amended (Functions and duties of grievance panels)
	Amendments to Family Court Rules 2002
78	Principal rules
79	Rule 427 amended (Access to documents and court files during first access period)
	Amendment to Ombudsmen Rules 1989
80	Principal rules
81	Rule 2 amended (Power to publish reports)
	Part 5 Children and Young People’s Commission
	Subpart 1—Preliminary provisions
82	Overview
83	Purpose of this Part
84	Principles
85	Treaty of Waitangi (Tiriti o Waitangi)
86	Interpretation
87	Children’s Convention
88	Transitional, savings, and related provisions
89	Part binds the Crown
	Subpart 2—Children and Young People’s Commission
90	Children and Young People’s Commission established
91	Commission’s board
92	Experience and knowledge of board members
93	Recommendation and endorsement of board members
94	Nominations panel
95	Appointment of Judge to Commission
96	Duties of board
97	Independence of Commission
98	Exemption from income tax
	Commission’s functions, duties, and powers
99	Promoting interests and well-being of children and young people
100	Promoting and advancing rights of children and young people
101	Encouraging children’s and young people’s participation and voices
102	Common duties
103	Additional functions, duties, or powers
104	Commission must have regard to rights or interests and welfare of children
105	Commission must not make adverse comment unless opportunity to be heard is given
	Code of ethics
106	Commission’s code of ethics
	Subpart 3—Inquiries and other matters
	Provisions relating to inquiries by Commission
107	Special powers to call for information or documents
108	Compliance with section 107
109	Commission and staff must maintain secrecy
110	Procedure for inquiries
	Information rules
111	Information rules
112	Content of information rules
	Sharing of information
113	Sharing of information with Monitor and Ombudsman
	Reports of interference or non-compliance
114	Commission may report interference or non-compliance
	Referrals
115	Referral of matters
	Miscellaneous
116	Proceedings privileged
117	Regulations
118	Review of Part
	Subpart 4—Amendments to other legislation and repeal
	Amendment to Oranga Tamariki (Residential Care) Regulations 1996
119	Principal regulations
120	Schedule amended
	Consequential amendments and repeal
121	Consequential amendments
122	Repeal of Children’s Commissioner Act 2003
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Transitional, savings, and related provisions
	Schedule 3 United Nations Convention on the Rights of the Child
	Schedule 4 Consequential amendments

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

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