Disclosures and legal compliance

Good governance

Integrity Strategy for WA Public Authorities 2020–2023
Part of the Public Sector Commissioner’s role is to promote and maintain integrity, conduct and ethics in the Western Australian government sector. The responsibilities of this role are contained in the Public Sector Management Act 1994, Corruption, Crime and Misconduct Act 2003 and the Public Interest Disclosure Act 2003.

The Commissioner for Children and Young People has demonstrated a steadfast commitment to upholding integrity and ethical standards within its operations, aligning closely with the directives outlined in the Western
Australian Public Sector Commissioner’s Integrity Strategy for WA Public Authorities 2020-2023. Central to this commitment is the implementation of a comprehensive Integrity Framework, designed to ensure accountability,
transparency, and ethical conduct across all facets of the organisation. Key components of this framework include regular review and dissemination of the code of conduct, which serves as a guiding principle for staff behaviour and decision-making.

To reinforce the importance of integrity and ethical behaviour, the Commissioner has integrated integrity-related items as standing agenda points at Corporate Executive and Leadership Meetings. This ensures that discussions surrounding integrity and compliance are prioritised and regularly addressed at all levels of the organisation.

Additionally, the Code of Conduct is a cornerstone of the organisation’s staff induction process, providing new employees with clear guidelines and expectations regarding professional conduct and ethical responsibilities from the outset of their employment. Through these proactive measures, the Commissioner for Children and Young People cultivates a culture of integrity and accountability, ensuring that the well-being and rights of children and
young people are upheld with the utmost ethical standards.

Internal Audit Committee
In responding to the Public Sector Commission’s key actions of promoting integrity and helping prevent misconduct and corruption, the Commissioner has an Internal Audit Committee.

In 2024 the Internal Audit Charter was updated, and a new strategic audit plan is in development taking into consideration and the early adoption of the Global Internal Audit Standards^TM released on 9 January 2024.

Risk management
The Commissioner for Children and Young People’s Risk Management Framework stands as a cornerstone in safeguarding the organisation’s operations. Throughout the 2023/2024 year, an extensive review of corporate risks was undertaken, culminating in the development of an updated and fit-forpurpose Strategic Risk Register. This process involved a comprehensive assessment of potential threats and vulnerabilities facing the organisation, considering internal and external factors that could impact its ability to fulfill its mandate effectively.

As part of the ongoing commitment to proactive risk management, the Strategic Risk Register is provided every second meeting to the Corporate Executive for review and evaluation. This regular review ensures that risk management controls and treatment actions are continuously monitored, assessed, and updated where necessary. By providing a dedicated platform for discussing risk mitigation strategies and assessing the effectiveness of existing controls, the Commissioner for Children and Young People maintains a proactive stance in identifying and addressing potential risks, thereby safeguarding the well-being and rights of children and young people in Western Australia.

Risk is a key platform in the Strategic Plan. It is also discussed and managed through the Internal Audit Committee process.

Financial management
In July 2023 the CCYP transferred corporate functions including finance to the Department of Justice. This has assured we are connected to critical financial management processes and oversight by the Chief Financial Officer.

The Commissioner’s commitment to financial transparency and accountability is exemplified through the monthly provision of comprehensive financial management reports at Corporate Executive meetings. These reports undergo thorough scrutiny and are subject to endorsement, providing an opportunity for the executive team to assess the organisation’s fiscal health.

The Financial Management Manual, overseen by the Department of Justice and the Commissioner’s Chief Finance Officer, undergoes regular review and updates to ensure its alignment with legislative mandates and policy changes. This proactive approach to financial governance not only safeguards the organisation against potential risks but also fosters a culture of continuous improvement and adherence to best practices in financial management.

Policies and procedures
The Commissioner’s commitment to governance excellence is underscored by the continuous review, updating, and addition of policies and procedures to the Corporate Governance Framework. Each policy undergoes a review process and is subject to thorough scrutiny before being endorsed by the Commissioner. This ensures that the framework remains dynamic and responsive to evolving regulatory landscapes and organisational needs.

Ministerial directives

Except under Section 26 of the Commissioner for Children and Young People Act 2006, the Commissioner is not subject to direction by a Minister or any other person in the performance of her functions.

There were no directions under Section 26 of the Act in 2023−24.

Other financial disclosures

Board and Committee Remuneration
The Commissioner does not have any State Boards or Committees as defined in the Premier’s Circular 2022/02 – State Government Boards and Committees.

Workers’ compensation
There were zero workers compensation claims in 2023–24, and zero work-related injuries. The Commissioner’s office complies with the Workers Compensation and Injury Management Act 1981 and the Public Sector Commissioner’s Circular 2012/05 and would ensure that, should there be any work-related injuries, they would be managed and reported in accordance with these requirements.

Other legal requirements

Advertising
Section 175ZE of the Electoral Act 1907 requires public agencies to report details of expenditure to organisations providing services in relation to advertising, market research, polling, direct mail and media advertising. The agency has not incurred expenditure of this nature.

Credit cards
Staff in the office of the Commissioner for Children and Young People are allocated corporate purchasing (credit) cards where their functions demonstrate a need for this facility. 

During the 2023-24 financial year, there were four instances of personal use and the Chief Finance Officer was informed immediately they occurred. The nature of the expenditure was immaterial and characteristic of an honest mistake. A reimbursement was promptly made on each occasion and the total for the four instances was $80.46.

Disability Access and Inclusion Plan
The Commissioner’s Disability Access and Inclusion Plan (DAIP) 2022-2026 aims to demonstrate best practice and ensure that children and young people with disability have equitable access to facilities and services provided by this organisation. The Youth Disability Advocacy Network of WA (YDAN) have assisted in reviewing the current plan.

Recruitment templates have been updated to increase accessibility, and a program of updating corporate information and templates to AA standard (WACAG 2.0) was commenced in 2022-23 and will continue as a standard
practice. All published documents meet the Accessible Word documents guidelines, and all of our publications are available in alternative formats on request.

Further, in accordance with our Plan, the Commissioner’s projects and policies consider and outline any specific requirements of children and young people with a disability. Staff and contractors are made aware of our DAIP and supporting policies and strategies.

All forums for children and young people hosted by the Commissioner consider disability access and inclusion requirements, including those children and young people who were neuro-divergent (for example, background
noise, bright lights etc). Hearing loops are used as required.

Throughout the year, the Commissioner has paid particular attention to consultation strategies that consider the needs of children and young people with a disability and requirements to support their participation.

The plan is included as part of the Commissioner’s performance appraisals for all staff and is available in the records management system of the office and on the website.

Compliance with Public Sector Standards and ethical codes 
The Commissioner expects and is committed to high standards of monitoring and ensuring compliance with the Public Sector Standards.

The Western Australian Public Sector Code of Ethics and the office Code of Conduct
The Corporate Executive leads and promotes these standards. 

The Commissioner’s policies, procedures and processes support the application of:
• the WA Public Sector Code of Ethics
• the WA Public Sector Standards in Human Resources Management
• the Commissioner’s Code of Conduct and Management of Conflict of Interest Policy
• ethical and accountable decision-making
• a family-friendly workplace.

Throughout 2023–24, the Commissioner held regular staff meetings where any matters relevant to Public Sector Standards could be raised and discussed. Integrity and risk are standing agenda items in Corporate Executive
Leadership and Staff meetings.

The Commissioner has established procedures to ensure compliance with s31(1) of the Public Sector Management Act 1994.

In 2023-24, one application was lodged in relation to a Breach of Standard Claim (Employment Standard Recruitment).

There have been no breaches of the Public Sector Code of Ethics or the Commissioner for Children and Young People Code of Conduct. Nor were there any public interest disclosures regarding the activities of the Commissioner’s office.

Recordkeeping Plan
The Recordkeeping Plan for the Commissioner’s office was approved by the State Records Commission in August 2019. Recordkeeping forms part of the induction process for new staff members and staff are regularly updated
and reminded about their recordkeeping responsibilities by email.

The corporate record keeping system was upgraded to maintain the integrity of records. Recordkeeping plan is due to review and update in 2024 and is scheduled for submission to the State Records Commission in August 2024.

Government policy requirements

WA Multicultural Policy Framework
The Commissioner supports an inclusive and harmonious society where everyone, especially children and young people, has a strong sense of belonging, where they can participate and contribute fully in all aspects of life, and can achieve their goals.

The Commissioner has a legislative requirement to give priority to, and have a special regard for, the interests and needs of Aboriginal and Torres Strait Islander children and young people, and children and young people who are vulnerable or disadvantaged for any reason.

The Commissioner’s Multicultural Plan 2021-2026 outlines the commitment and actions of the office to ensure that all WA children and young people, including those from culturally and linguistically diverse backgrounds, have the opportunity to participate equitably in every aspect of civic, social and economic environments. The Commissioner’s own policies, projects, research and consultations each aim to be culturally responsive and inclusive.

The Multicultural Plan is aligned with the WA Multicultural Policy Framework and the three policy priority areas along with the Commissioner’s corresponding strategies and actions for each, which include the following.

Harmonious and inclusive communities:
• Promote the benefits of cultural and linguistic diversity and celebrate the achievements of people from culturally and linguistically diverse (CaLD) backgrounds
• Address racism and discrimination at both an individual and institutional/systemic level, including implementing the Policy Framework for Substantive Equality
• Develop workplace cultures that are welcoming and inclusive of all Western Australians. 

Culturally responsive policies, programs and services:
• Provide language services to ensure language is not a barrier to equitable access to information and services, including complaints processes
• Collect and analyse cultural and linguistic data to contribute to the identification of client needs, the development of policies and programs, and evaluation of outcomes
• Enable culturally diverse communities to have meaningful input into policies, programs and systems through co-design and planning, co-delivery and implementation, and evaluation processes
• Implement recruitment and selection processes that facilitate workforce diversity, and provide opportunities for the development of cultural competencies across the workforce.

Economic, social, cultural, civic and political participation:
• Implement recruitment and career development processes that support employment and progression of staff from CaLD backgrounds
• Achieve equitable representation of people from culturally and linguistically diverse backgrounds at all levels and in decision making
• Identify, develop and promote initiatives that support the development of businesses and the entrepreneurial potential of Western Australia’s culturally and linguistically diverse community
• Identify, develop and implement initiatives that encourage social, cultural, civic and political participation by members of Western Australia’s culturally and linguistically diverse community
• Develop and strengthen global connections through partnerships with Western Australia’s culturally and linguistically diverse communities and businesses
• Implement recruitment and career development processes that support employment and progression of staff from CaLD backgrounds 
• Achieve equitable representation of people from culturally and linguistically diverse backgrounds at all levels and in decision making.

The Commissioner has committed to having a culturally and linguistically diverse workforce and has engaged a number of staff with English as an additional language and Aboriginal staff members. Recognising the value of
diverse perspectives and experiences, the Commissioner actively seeks to create a team that reflects the multicultural and Indigenous communities they serve.

Substantive equality
Substantive equality aims to achieve equitable outcomes for all Western Australians as far as possible. The Commissioner represents and advocates on behalf of children and young people under the age of 18 years in WA.

The Commissioner is required to have special regard for the needs of Aboriginal and Torres Strait Islander children and young people, and other vulnerable children and young people.

The work of the office wholeheartedly supports substantive equality.

Reconciliation
All work undertaken by the Commissioner is underpinned by the legislative requirement to have special regard for Aboriginal and Torres Strait Islander children and young people.
• An Acknowledgement of Country is made in all speeches and meetings as well as in the banner of all Commissioner’s office related emails
• In planning regional visits, the Commissioner respects cultural authority and requests permission from Elders to visit communities and engage with their young people
• All submissions to the Corporate Executive are reviewed to consider and identify any implications for Aboriginal and Torres Strait Islander children and young people
• Any consultations conducted by, or on behalf of, the Commissioner for Children and Young People must include young Aboriginal people or their representatives whenever possible
• Staff within the Commissioner’s office have completed the Public Sector Commissioner’s cultural awareness training which is mandatory for public sector employees and board members under Commissioner’s Instruction 29. The Commission’s training resource is an engaging and interesting way to meet this requirement and learn about the world’s oldest continuous culture
• The representation of Aboriginal people in the team is currently at 23.5 per cent and recruitment activities seek to continue this trend
• Cultural learning is a continuous feature delivered through various sessions, at staff meetings, ‘lunchbox learning’ and other formal opportunities.

National Principles for Child Safe Organisations and Child Friendly Complaints Mechanisms
The Commissioner has comprehensive child safe strategies in place, including a structured approach to risk management to clearly identify, analyse, evaluate and implement mechanisms to eliminate or mitigate identified risks to the safety and wellbeing of children and young people in all work, consultations, advisory committees and in the community.

National Principl Six details the implementation of child friendly complaints processes. The Commissioner has readily accessible mechanisms for children and young people and their families or advocates to provide feedback and to make complaints that meet the expectations of this principle.

In 2023–24, feedback from children and young people was proactively sought in consultation activities. No complaints were made by children and young people or adults about the Commissioner’s projects, activities or office.
The Commissioner is concerned about delays in establishing an oversight mechanism and is advised this should be resolved in 2024.

Occupational safety, health and injury management
Active and continuous improvement in safety management practices at the Commissioner’s office demonstrates dedication to this aspect of office life by the Commissioner and her staff.

Occupational safety and health is a standing item on the monthly Corporate Executive meeting agenda, fortnightly leadership agenda, and on the monthly staff meeting agenda.

This enables any staff member to raise concerns or requests.

All workstations have been provided with a sit-stand desk attachment. 

Workplace assessments are undertaken by request of a staff member and recommendations are actioned in a timely manner.

There have been no critical incidents to report for the 2023-24 year.

Occupational safety and health data in this reporting period 
There have been no critical incidents to report for the 2023–24 year.

Occupational safety and health data in this reporting period