Australian Capital Territory

Children and Young People Official Visitor
Appointment 2007 (No 1)
Disallowable Instrument DI2007-244
made under the
Children and Young People Act 1999, Part 4.3 – Other Officials, sub-section 41(2) (Official Visitor Appointment)
EXPLANATORY STATEMENT

Part 4.3 subsection 41(2) of the Children and Young People Act 1999 (the Act) allows the Minister to appoint the Official Visitor.  The Minister has undertaken all relevant steps to comply with the Act.

On 28 September 2005 Disallowable Instrument (DI2005–219) appointed 
Ms Mary Hyndman and Ms Julie Kelley as the Official Visitors for a period of three years from 2 October 2005 to 2 October 2008.  On 1 January 2007, Ms Julie Kelley resigned her appointment. 

This Disallowable Instrument appoints Mrs Narelle Hargreaves as the second Official Visitor until 2 October 2008. This term is consistent with sub-section 41(3) of the Act stating that a person may be appointed as Official Visitor for a term of not longer than three years.

The appointee is not a Public Servant and this Instrument makes an appointment to which the Legislation Act 2001, Division 19.3.3 applies.  Accordingly, under the Legislation Act 2001, s229 the instrument is a Disallowable Instrument.

Division 19.3.3 section 228 of the Legislation Act 2001 requires that appointments to statutory positions made by the Minister may only be made after consultation with a Standing Committee of the Legislative Assembly. The Standing Committee on Education, Youth and Training considered the appointments and on 9 October 2007 supported the appointment.

This Disallowable Instrument is necessary to provide the appointees with statutory authority to perform the duties of the Children and Young People Official Visitor under the Children and Young People Act 1999.