The Role of the Commissioner
The role of Commissioner for Aboriginal Children and Young People is established under the Children and Young People (Oversight and Advocacy Bodies) Act 2016
The Commissioner is empowered to undertake a range of functions related to Aboriginal children and young people and is the only independent body created solely to promote the rights, development and wellbeing of Aboriginal children and young people within South Australia, at a systemic level. This includes developing culturally safe and informed strategies and promoting Aboriginal voice with regard for the safety and wellbeing of all Aboriginal children and young people.
With complementary functions, the Commissioner works alongside other independent bodies such as the:
- Commissioner for Children and Young People
- Guardian for Children and Young People in Care
- Child Development Council
- Child Death and Serious Injury Review Committee.
These independent bodies are enshrined in the Children and Young People (Oversight and Advocacy Bodies) Act 2016 and have individual obligations to fulfil and perform functions that contribute to improving outcomes for children and young people in South Australia, inclusive of Aboriginal children and young people. This legislation was introduced as a direct outcome of the Royal Commission into South Australia’s child protection systems.
The Commissioner for Aboriginal Children and Young People is guided by the United Nations Convention on the Rights of the Child; the principle accord which lays out the civil, political, economic, social and cultural rights of children, as well as the United Nations Declaration on the Rights of Indigenous Peoples; the central instrument that defines the collective rights of Indigenous Peoples to their own distinct cultures and to pursue their development according to their own needs and aspirations.
The Commissioner promotes and advocates for the rights, interests and wellbeing of Aboriginal children and young people in South Australia in the realm of their indigeneity, and ensures that, as a part of the global community, South Australia enacts its obligations to these key covenants.
The Commissioner for Aboriginal Children and Young People is empowered to perform certain powers and functions specified in the Children and Young People (Oversight and Advocacy Bodies)Act 2016
The Commissioner does not have legal authority or powers to:
- Receive and/or investigate individual Child Protection reports. These powers and responsibilities rest with the Department for Child Protection and SAPOL.
- Receive and/or investigate concerns of suspected abuse of a child or young person in state care. These powers and responsibilities rest with the Department for Child Protection.
- Investigate individual Child Protection complaints. These powers and responsibilities rest with the Department for Child Protection, the Ombudsman and the South Australian Civil and Administrative Tribunal (SACAT).
- Stop removal orders, change placements or reunify Aboriginal children back to their parents, family or community. These powers and responsibilities rest with the Department for Child Protection and the Youth Court of South Australia.
- Interfere with or bypass statutory processes for individual Child Protection matters.
If you are contacting the Office of the Commissioner for Aboriginal Children and Young People to make a child protection or care concern report, you will be directed to the Child Abuse Report Line (CARL) as the responsible authority within the Department for Child Protection to deal with such matters.