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ACT Children and Young People Death Review Committee
Information Guide
Children and Young People Act 2008
About the Committee
The ACT Children and Young People Death Review Committee is established under Chapter 19A of the Children and Young People Act 2008 (the Act). The Act can be located on the ACT Legislation Register at www.legislation.act.gov.au 
The Children and Young People Death Review Committee has the following functions:
- Keep a register of deaths of children and young people;
- Identify patterns and trends in relation to the deaths of children and young people;
- Undertake research that aims to prevent or reduce the likelihood of child deaths;
- Identify areas requiring additional research that arise from the identified patters and trends in relation to child deaths;
- Make recommendations about legislation, policies, practices and services for implementation by the Territory and non-government bodies to help prevent or reduce the likelihood of child deaths;
- Monitor the implementation of the committee’s recommendations;
- Report to the Minister (currently Minister for Community Services) under Part 19A.4; and
- Any other function given to the committee under this chapter.
Please note: the Children and Young People Death Review Committee has no function in relation to reviewing the cause of death of a particular child or young person.
Register of Deaths of Children and Young People
The Children and Young People Death Review Committee is required to keep a register of deaths of children and young people that occur in the ACT and those which occur outside of the ACT of children and young people who normally live in the ACT (Part 19A.3)
The register must include information that is available to the Children and Young People Death Review Committee. This includes the cause of death; the age and gender; Aboriginal and Torres Strait Islander status; and whether within 3 years before the death occurred, the child or young person or a sibling were the subject of a child protection report.
In addition, the register can contain other demographic data available, information about the circumstances of the death, and any other information the Committee considers relevant.
Reporting
For each financial year, the Children and Young People Death Review Committee must report to the Minister about the deaths of children and young people included in the children and young people deaths register during the year (Part 19A.4).
The Children and Young People Death Review Committee must provide a report to the Minister, within the first six years of operation, about deaths of children and young people that occurred between 1 January 2004 and 17 September 2011 (s727).
These reports must include information such as the cause of death; the age and gender; Aboriginal and Torres Strait Islander status; and whether within 3 years before the death occurred, the child or young person or a sibling were the subject of a child protection report. Any patterns or trends (if any) generally or regarding those deaths where a child protection report was identified must also be reported.
In addition, recommendations about legislation, policies, practices and services may be made. Information about the implementation of any previous recommendations of the Committee can also be included along with any other information the Committee considers relevant.
The Children and Young People Death Review Committee may also prepare a report for the Minister at any time on any matter arising in connection with the Committee’s role.
All reports to the Minister must be tabled in the Assembly and cannot contain information that would disclose the identity of a child or young person who has died; or allow their identity to be worked out.
Committee Membership
The Committee membership will include the;
- Director-General of the Directorate responsible for the administration of the Act (currently the Community Services Directorate);
- Children and Young People Commissioner;
- Members appointed by the Minister; and
- Chair appointed by the Minister.
The Minister is also able to appoint advisers at the request of the Committee. This is proposed for exceptional circumstances where the knowledge of members may be limited and where a specific adviser may provide this knowledge to the Committee through a short term appointment.
Appointment
The Minister responsible for this part of the Act must appoint someone as the chair of the Committee and at least eight but no more than ten members to the Committee. Appointments cannot be for longer than three years.
The chair and committee members must meet certain requirements in order to be considered for appointment.
The chair must:
- Not also be a member of the Committee.
- Have expertise or experience to be the chair of the Children and Young People Death Review Committee.
- Be otherwise suitable to be the chair.
The members must be people who have experience or expertise in at least one of the following:
- psychology;
- paediatrics;
- epidemiology;
- child forensic medicine;
- public health administration;
- education;
- engineering and child safety products or systems;
- working with Aboriginal and Torres Strait Islander children and young people;
- social work with children, young people and families; or
- police working with children, young people and families.
A member of the Children and Young People Death Review Committee must take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the Committee’s functions (s727F).
Potential chair and members will be required to complete a Police check and Code of Conduct declaration form. They may be subject to other information requests/declarations to assess suitability under the Act (Part 2.4).
Committee Meetings
Regularity: The Act stipulates that the Children and Young People Death Review Committee must meet at least once per year (s727J), however the meeting schedule will be determined by the Committee when considering workload.
Presiding Member: The chair presides over all Children and Young People Death Review Committee meetings (s727K).
Quorum: Business may be carried on at a meeting of the Children and Young People Death Review Committee only if at least two thirds of the members (other than the chair) are present. In addition to this, a member cannot be represented at a meeting by anyone else (s727L).
Voting: At a meeting of the Children and Young People Death Review Committee, each member (other than the chair) has a vote on each question being decided. Questions are decided by a majority of votes of the members present and voting. If the votes are equal, the chair has a deciding vote (s727M).
Administrative/Secretariat Support: Administrative support will be provided by the Directorate responsible for the Act (currently the Community Services Directorate).
Appointment Process – Consultation
Appointment as chair or member of the Children and Young People Death Review Committee is a statutory appointment, unless the person is a public servant or is appointed for less than six months. For all statutory appointments the Minister is required to consult with the relevant Standing Committee of the ACT Legislative Assembly; and an appointment is notified on the ACT Legislation Register.
Remuneration
The conditions of appointment of the chair and members are the conditions stated in the appointment, subject to any determination under the Remuneration Tribunal Act 1995. An average fee structure of $670 per diem for the chair and $610 per diem for members was considered when determining the initial budget for the Committee. Determinations are currently being sought from the ACT Remuneration Tribunal.
Ending Appointments
The Minister may end the appointment of the chair or a member of the Children and Young People Death Review Committee for the following reasons:
- for misbehaviour; or
- if the member is convicted, or found guilty, in Australia of an indictable offence; or
- if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be an indictable offence; or
- if the member is absent from three consecutive meetings of the committee, otherwise than on approved leave; or
- for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.
A person’s appointment also ends if the person resigns in writing to the Minister.
Confidentiality of Information
The management of the information by the Children and Young People Death Review Committee is required to comply with relevant legislations including but not limited to the:
- Children and Young People Act 2008;
- Privacy Act 1988 (Cth);
- Health Records (Privacy and Access) Act 1997; and
- Freedom of Information Act 1989.
Copies of ACT legislation are available via the ACT Legislation Register. Policy documents about information sharing and secrecy provisions of the Children and Young People Act 2008 can be located at www.dhcs.act.gov.au/ocyfs/legislation
The Children and Young People Death Review Committee have powers under the Act to request relevant information from certain entities (s727O(6)) such as the Registrar-General and Coroner’s Court. They can also ask an individual (other than a family member) about a child or young person who has died.
Interstate agreements with other child and young people death review committees (or equivalent) will need to be negotiated by the Committee.
Records Management
The records of the Children and Young People Death Review Committee are Territory records for the purposes of the Territory Records Act 2002.
Information Guide [PDF 189KB] [RTF 444KB]
