15 November 2001

SUBMISSION

To the :-Social Services Committee

on the :-Commissioner for Children Bill

Introduction

This submission is from the National Executive of the New Zealand Federation of Graduate Women (Inc.) and compiled by Judith Duncan, 54 Manapouri Street, Ravensbourne, Dunedin 9002.

If an opportunity to speak before the committee is available in Dunedin or Christchurch then we would wish to appear to speak to this submission. We can be contacted at: Dunedin - Dr Judith Duncan, National Exec PAC, Phone: 03-479-5038, or Christchurch - Ellen McCrae, National President, Phone: 03- 339-1169.

The New Zealand Federation of Graduate (formerly University) Women (NZFGW) has approximately 1300 members in its sixteen nationwide branches. Formed in 1921, it is affiliated to the Geneva-based International Federation of University Women. NZFGW welcomes and fully supports the initiative to make a national submission on the Commissioner for Children Bill, and consider it to accord with a primary purpose of the International Federation: namely,

to encourage the full participation of university women's knowledge and skills to the problems which arise at all levels of public life, whether national, regional or world-wide, and to encourage their participation in solving these problems.

Since its founding NZFGW has established a strong record of active involvement in social, economic and educational issues at the national level and internationally through the IFUW (with the International Federation's holding Official Observer status at UNESCO.)

This submission has resulted from consultation with the sixteen branches and in accordance with our stated goals and philosophies as an organisation and has been compiled by the National Executive Public Affairs Convenor, Judith Duncan

General Summary

NZFGW fully supports the Commissioner for Children Bill in:

• giving additional statutory functions and explicit statutory powers in order to give better effect to the United Nations Convention on the Rights of the Child (UNCROC) in New Zealand;
• maintaining a separate statute for the provisions relating to the Commissioner;
• re-enacting the Commissioner's functions so that the role is more clearly that of an advocate for children;
• promoting children's participation in decisions affecting the lives of children.

We support the inclusion of the text of UNCROC as an Appendix to the Act. This is an internationally revolutionary approach and one NZFGW supports and which adds the legitimate responsibility to take action on its articles. By adding UNCROC as a responsibility of the Commissioner it serves as a reference point for the public about the principles by which the Office of the Commissioner is expected to act. We hope that this will work as a means of making the Convention more readily available to the public and governmental and nongovernmental organisations.

However, we have concerns that:

• there needs to be adequate long-term government funding so that the potential of the new functions of the Commissioner role translate into effective practice;

• in the nomination and selection of the Commissioner a more transparent process would be desirable - for example, public nominations could be sought from individuals and groups. We would like to see the appointment to be separate from Ministerial or party political interference, in keeping with the commission's separate status.

We wish to make the following comments:

Clause 6

We strongly support the clear separation of the Office of the Commissioner from any other government agency or NGO. In this way the Office and the Commissioner can work as an advocate for children apart from other political pressures and outside the constraints of any one government.

Clause 7

Although we support the continued appointment of the Commissioner by the Governor-General we would like to see suggestions made from outside the political party/Ministerial processes for nominations for the position of Commissioner. For example, we would like to see groups and individuals nominate persons for the position. In this way the Commissioner's selection and appointment processes would have the potential to be more transparent, the Commissioner's role would be seen to have arisen from outside the political party processes and not directly as a result of internal Ministerial or political party dealings.

Clause 8

We strongly support the appointment of the Commissioner for a 5 year maximum term. Again we would recommend that if the incumbent is to be reappointed that this process should be publicly transparent.

Clauses 11 & 12

We are pleased the see that the new functions of the Commissioner are broad and encompassing, and include setting-up mechanisms for addressing children's complaints; raising public awareness; and undertaking and promoting research; and assisting the enactment of the CYPF Act.

Clause 18, 19 & 20

We support the power of the Commissioner to call for information or documents. With maintaining the Commissioner separate from other Ministerial positions this should ensure that matters be fully investigated with access to accurate information. We likewise support penalties for non-compliance with this practice and for added protection for parties involved in inquiries.

Recommendations

Overall, NZFGW is very supportive of the Commissioner for Children Bill. We note that its successful implementation will depend upon appropriate processes in the appointment of personnel and adequate resourcing, and we will maintain an ongoing interest in this.

Judith Duncan Ellen McCrae

Public Affairs Convenor, National Executive National President

NZFGW NZFGW

54 Manapouri Street

Ravensbourne Armagh Street

DUNEDIN CHRISTCHURCH