LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR CHILDREN AND FAMILIES

SERIAL NO. 62

EXPLANATORY STATEMENT

Care and Protection of Children Amendment (Charter of Rights) Bill 2013

GENERAL OUTLINE
This Bill amends the Care and Protection of Children Act (the Act).
The purpose is to make the provision of a Charter of Rights to children in care a legislative requirement.
The Charter is a child friendly document that has been prepared with the assistance of the Department of Children and Families non-government organisation partners, including CREATE Foundation, Foster Care NT, National Association for the Prevention of Child Abuse and Neglect and Strong Aboriginal Families, Together. The Charter outlines to children what they are entitled to expect from the out of home care system. 
Its provision should make the out of home care system more accountable and responsive to the needs of children in care. It is also a practical way to mitigate the risk of systems abuse, or children slipping through cracks.
Further, the Chief Executive Officer must 
·	promote compliance with the Charter of Rights;
·	review the Charter of Rights from time to time; 
·	ensure that Charter of Rights is made available to the public; and
·	give a copy of the Charter to each child who is in the Chief Executive Officer’s care, unless the Chief Executive Officer considers it inappropriate to do so having regard to the child’s maturity and understanding.

NOTES ON CLAUSES
Part 1			Preliminary matters
Clause 1		Short Title
This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Care and Protection of Children Amendment (Charter of Rights) Act 2013.

Clause 2 		Commencement
This is a formal clause that provides that the Act commences on the date fixed by the Administrator by Gazette notice.

Clause 3 		Act amended
This is a formal clause that provides that the Act amends the Care and Protection of Children Act.

Clause 4 		Part 2.2, Division 1A inserted
This clause makes the provision of the Charter of Rights a legislative requirement. The Charter of Rights will be the list of rights, for example:
·	the right to feel safe; and
·	the right to maintain connections to family.
The Charter will have further information explaining the effect of those rights in a way that makes sense to children, so that they can be realised in a practical way.
Further, a new section also requires that the Chief Executive Officer of the Department of Children and Families:
·	promote compliance with the Charter of Rights;
·	review the Charter of Rights from time to time; 
·	ensure that Charter of Rights is made available to the public; and
·	give a copy of the Charter to each child who is in the Chief Executive Officer’s care, unless the Chief Executive Officer considers it inappropriate to do so having regard to the child’s maturity and understanding.

Clause 5 		Expiry
This is a formal clause that provides that the Act, having inserted the provision into the Care and Protection of Children Act, expires on the day after it commences.