Australian Capital Territory
Children and Young People (Children and Youth Services Council) Appointment 2009 (No 1)
Disallowable instrument DI2009–176
made under the
Children and Young People Act 2008 Part 2.2 – Children and Youth Services Council, subsections 30(1) (Appointment of council members) and 31(1) (Appointment of chair and deputy)
EXPLANATORY STATEMENT

Part 2.2 of the Children and Young People Act 2008 (the Act) allows the Minister to appoint members to the Children and Youth Services Council including the appointment of a Chair and Deputy Chair.  The Council consists of at least 5 and not more than 10 members.  The Minister has undertaken all relevant steps to comply with the Act.

This Disallowable Instrument appoints the following people to the Children and Youth Services Council under sections 30 and 31 of the Act for a period of three years from the date of commencement.

Chair	Mrs Narelle Hargreaves OAM	
Deputy Chair	Ms Maree Brown	
Member	Mr Peter Batten	
Member	Mr Peter Camilleri	
Member	Ms Karen Fisher	
Member	Ms Patricia Keller OAM	
Member	Ms Lee Maiden	
Member	Ms April Masters-Smith	
Member	Ms Mei Shi (Diana) Ni	
Member	Ms Beverly Orr OAM	

Sections 29 and 30(1) of the Act state that membership should comprise at least five and up to ten members who have expertise in relation to services for children and young people.  The members listed above meet this criteria.  In addition, section 30(2) of the Act requires that at least one member of the Council represent the interests of specific groups.  These interests will be represented primarily by the following council members:

Kinship and Foster Carers	Ms Bev Orr OAM / Ms Maree Brown	
Children	Ms Patricia Keller OAM / Ms Karen Fisher / Ms Lee Maiden	
Young People	Mrs Narelle Hargreaves OAM / Ms Mei Shi Ni / Ms April Masters Smith	
Aboriginal and Torres Strait Islander People	Ms Maree Brown / Mr Peter Batten	

Section 31(1) of the Act requires the appointment of a Chair and Deputy Chair for the Council.  This is as follows:

Chair	Mrs Narelle Hargreaves OAM	
Deputy Chair	Ms Maree Brown	

As per section 31(2) of the Act, the Chair (and Deputy Chair when acting as Chair) is remunerated as determined by the ACT Remuneration Tribunal, Determination 133 (2003).

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 only be made after consultation with a Standing Committee of the Legislative Assembly.  The Standing Committee on Education, Training and Young People noted the information about the recommended appointments and offered no specific recommendation about the appointments to the Council.

This Instrument is necessary to provide the appointees with statutory authority to perform the duties of the Children and Youth Services Council under the Children and Young People Act 2008.