Part III of the Lukautim Pikinini Act 2015 establishes the administrative machinery that makes the Act work.
Section 12 — a body corporate
(1) The Office for Child and Family Services is hereby established.
(2) The Office (a) is a body corporate with perpetual succession; (b) shall have a common seal; (c) may sue and be sued in its name and style.
(3) All courts, Judges and persons acting judicially shall take judicial notice of the common seal and shall presume it was duly affixed.
The Office is not a branch of a department. It is a legal person: it may hold property, contract, sue and be sued in its own name, and it survives changes of government and of personnel.
That independence is important for a body whose work includes removing children and licensing and inspecting institutions. Section 118 provided for the transfer of assets from the predecessor bodies, and section 117 gives an indemnity to persons acting in good faith under the Act.
Section 14 — the seven functions
(a) providing family services, including promoting and protecting the well-being of children and families;
(b) formulating programs and policies for family services;
(c) administration of the Council;
(d) administration of this Act and other related legislation;
(e) the management of the Fund — the Child Protection Trust Fund established by section 77;
(f) organising and facilitating the Pikinini Bung for children;
(g) inspect centres providing child care, jails and police cells.
The Office inspects not only childcare centres but jails and police cells. That connects Part IX (licensing and inspection) with Parts VII and VIII — transfer of children from corrective institutions and child friendly practices in prisons.
A child in a police cell is a child within the Act, and the Office has a standing function to go and look.
Section 13 — the twelve powers
| Para | Power |
|---|---|
| (a) | Consult any department, institution, organisation or member of the public |
| (b) | Provide advice and information to government bodies |
| (c) | Consider proposals for best practice referred to it |
| (d) | Hold seminars and conferences |
| (e) | Undertake research and study programs |
| (f) | Obtain information on other countries’ child protection systems |
| (g) | Make guidelines to establish District Committees |
| (h) | Introduce standard operating procedures and guidelines |
| (i) | Establish a national network of child protection centres |
| (j) | Charge or collect fees — licensing and inspection, home study and welfare reports, other services |
| (k) | Develop programs to protect and strengthen families |
| (l) | Do all things necessary or convenient for its functions |
Section 15 — the register
(a) children in need of protection;
(b) licensed early childhood care and development centres;
(c) licensed out-of-home care centres;
(d) licences issued to individuals and organisations dealing with children under this Act.
(2) A person may inspect the register by applying to the Director in writing and paying the prescribed fee.
Section 15(2) allows any person to inspect on written application. That has to be read with section 41, which protects the confidentiality of information, and with section 96, which restricts publicity of proceedings.
The register of licences serves an obvious public purpose — a parent choosing a childcare centre can check that it is licensed. The register of children in need of protection is a different matter, and a request to inspect it should be tested against section 41 and the section 5(1)(a) paramountcy principle.
Sections 29 to 34 — the Director
The Director (a) is appointed by the Head of State, acting on advice, by notice in the National Gazette; (b) for a period not exceeding four years; (c) and is eligible for reappointment.
(2) The Director is the Chief Executive Officer of the Office.
(3) Terms and conditions are determined by the Salaries and Remuneration Commission under Constitution section 216A(3)(d).
(4) The office is one to which Division III.2 (Leadership Code) of the Constitution applies.
Subsection (4) subjects the Director to the duties in Constitution sections 26 to 31 — the duty not to place oneself in a position of conflict, to make annual returns, and to be answerable to the Ombudsman Commission and, on referral, to a Leadership Tribunal.
Under section 30 the Director manages the secretariat, assists Provincial Councils, and manages the Office in accordance with the policy and direction of the National Child and Family Services Council. Under section 33 the Director may delegate in writing, other than the power of delegation, and must report the delegation to the Council.
The Director’s operational responsibilities are extensive: directing who exercises parental responsibility under section 9(2)(c), temporary custody under section 51, the general responsibilities for a child in care under section 52, and the gazettal of Child Protection Officers under section 35.
Sources
- Lukautim Pikinini Act 2015 — ss 10–15, 29–35, 41, 51, 52, 77, 96, 117, 118
- Constitution — Div III.2 (Leadership Code), ss 26–31, 216A
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.