Australian Capital Territory

Children and Young People Childrens Services Council Appointment 2008 (No 1)
Disallowable Instrument DI2008 – 184
made under the
Children and Young People Act 1999, Section 36 (Members of the Council) and Section 37 (Chairperson)
EXPLANATORY STATEMENT

Part 36 of the Children and Young People Act 1999 (the Act) allows the Minister to appoint the Childrens Services Council.  The Council consists of not less than 3, nor more than 10, members appointed by the Minister from the community.

The Disallowable Instrument appoints Ms Bev Orr who represents the interests of carers, Dr Kaye Price who represents the interests of Aboriginal and Torres Strait Islander people, 
Ms April Masters-Smith, Ms Cheryl Daw, Ms Jodie Stanley and Professor Peter Camilleri as members under section 36 of the Act and Mrs Narelle Hargreaves as the Chair under section 37 of the Act to the Childrens Services Council from 1 July 2008 until 27 February 2009.

The appointees are not Public Servants and this instrument makes an appointment to which the Legislation Act 2001, Division 19.3.3 applies. Accordingly, under the Legislation Act 2001, s.229 the instrument is a Disallowable Instrument.

In accordance with section 36(3) of the Children and Young People Act 1999, all the persons appointed to the Childrens Services Council have extensive expertise in relation to services for children or young people. 

Part 19.3 of the Legislation Act 2001 provides that certain statutory positions require consultation with a Legislative Assembly committee and are disallowable.  On 16 June 2008, a letter was received from Ms Mary Porter AM MLA, in her capacity as Chair of the Standing Committee on Education, Training and Young People advising that the Committee had considered the re-appointments to the Childrens Services Council in accordance with the Legislation Act 2001 and had no objections to the re-appointments and made no recommendations.

Section 64 (Presentation of subordinate laws and disallowable instruments) of the Legislation Act 2001 provides that if a subordinate law or Disallowable Instrument is not presented to the Legislative Assembly within 6 sitting days after its notification day, it is taken to be repealed.

This Instrument is necessary to provide the appointees with statutory authority to perform the duties of the Childrens Services Council under the Children and Young People Act 1999.

This instrument makes appointments under the Legislation Act 2001.  Accordingly, the instrument is a Disallowable Instrument.