COMMISSIONER FOR CHILDREN [ CAP. 462.  1
CHAPTER 462
COMMISSIONER FOR CHILDREN ACT
To provide for the appointment of a Commissioner for Children with
power to investigate any breaches or infringements of the rights of
children.
5th December, 2003
ACT VII of 2003.
Short title.
Act.
Interpretation.
''child'' means any person who has not attained majority;
''complainant'' means any person who reports, in writing or
verbally, an alleged breach of the rights of any child provided that a
verbal complaint should always be subsequently put in writing;
''Commissioner'' means the Commissioner for Children
appointed under article 3 and includes any officer assigned to assist
the Commissioner and authorised by him in that behalf;
''Committee'' means the Social Affairs Committee of the House
of Representatives or any other committee substituting the same.
''Minister'' means the Minister responsible for children and
family affairs;
''rights of children'' include the rights of children enunciated in
the Convention on the Rights of the Child adopted by the General
Assembly of the United Nations on 20th November 1989.
Appointment of 
Commissioner.
3. (1) There shall be a Commissioner for Children who shall
be appointed by the Prime Minister after consultation with the
Committee.
(2) A person shall not be qualified to hold office as
Commissioner if such person:
( a ) is a Minister, Parliamentary Secretary, or a Member of
the House of Representatives, or
( b ) is serving as a judge or magistrate; or
( c ) is legally incapacitated; or
( d ) has been declared bankrupt or has made a composition
or arrangement with his creditors; or
( e ) has been convicted of a crime affecting public trust or
theft or fraud, or of knowingly receiving property
obtained by theft or fraud, a crime affecting the good
order of families, or of an offence against this Act.
(3) Where the person appointed Commissioner is prior to such
appointment already a public officer, such person shall continue to
retain such office but shall not hold any position which is
incompatible with the correct performance of his or her official
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duties as Commissioner for Children or with the impartiality and
independence expected from this office or with public confidence
therein.
Independence of 
functions.
4. In the exercise of the functions established under this Act,
the Commissioner shall act independently and shall not be subject
to the direction or control of any other person or authority.
Representation of 
the Commissioner.
5. Any document purporting to be an instrument made or
issued and signed by the Commissioner shall be received in
evidence and shall, until the contrary is proved, be deemed to be an
instrument made or issued by the Commissioner.
Tenure of office. 6. (1) Subject to the provisions of subarticle (2), the
Commissioner shall hold office for a term of three years and shall
be eligible for reappointment on the expiration of such term of
office.
(2) Unless the office sooner becomes vacant, a person
appointed as Commissioner shall hold office until a successor is
appointed.
(3) The Commissioner may at any time resign from office by
writing addressed to the Minister.
Removal or 
suspension from 
office.
7. A Commissioner may at any time be removed or suspended
from office by the Prime Minister after consultation with the
Committee on the grounds of proved inability to perform the
functions of the office of Commissioner (whether arising from
infirmity of body or mind or any other cause) or proved
misbehaviour:
Provided that if the Committee is not constituted or if
Parliament is not in session, the Commissioner may be suspended
from office by the Prime Minister, acting in accordance with his
own discretion, for inability to perform the functions of the office
or misbehaviour proved to the satisfaction of the Prime Minister,
but any such suspension shall not continue in force beyond two
months after the Committee is constituted and Parliament is in
session.
Temporary 
appointment of 
Commissioner for 
Children.
8. (1) The Prime Minister may, at any time during the illness
or absence of the Commissioner or for any other temporary purpose
where the Commissioner considers it necessary to do so, appoint a
person to act in the office of Commissioner in accordance with this
article, until the resumption of office of the Commissioner.
(2) A person shall not be qualified to be appointed under this
article if such person is disqualified to be appointed to the Office of
Commissioner under article 3(2):
Provided that a person appointed under this article may
exercise any activity for profit or reward which is not in any way
incompatible with the provisions of article 3(2).
Functions of the 
Commissioner.
9. The Commissioner shall have the following functions:
( a ) to promote and advocate for the rights and interests of
children;
COMMISSIONER FOR CHILDREN [ CAP. 462.  3
( b ) to ensure that children are being given the opportunity
to express their opinions and that these are in fact
considered;
( c ) to promote the protection of family unity;
( d ) to advocate for adequate support to parents for the up-
bringing of their children;
( e ) to foster the development of alternative care to
children who need such care with special reference to
fostering and adoption;
( f ) to seek to ensure that the rights and interests of
children are properly taken into account by
government departments, local authorities, other
public bodies and voluntary and public organisations
when decisions on policies affecting children are
taken;
( g ) to promote the protection of children from physical or
mental harm and neglect, including sexual abuse or
exploitation;
( h ) to promote the highest standards of health and social
services for women during pregnancy and to promote
special care and protection, including adequate legal
protection, for children both before and after birth;
( i ) to promote the highest standards of health, and
education and social services for children;
( j ) to promote the highest standards of leisure, play and
recreational facilities for children;
( k ) to ensure that all possible measures are taken by the
relevant authorities to prevent and remedy poverty and
social exclusion among children;
( l ) to promote compliance with the United Nations
Convention on the Rights of the Child as ratified by
Malta and with such other international treaties,
conventions or agreements relating to children as are
or may be ratified or otherwise acceded to by Malta.
Guiding principles.
general principles:
( a ) that the best interests of children and the family are
paramount;
( b ) that all children are to be treated with dignity, respect
and fairness;
( c ) disabled children and children with disadvantaged
family or social circumstances should enjoy the same
quality of life like all other children;
( d ) that children and their families are to be provided with
opportunities to participate in decisions that affect
them and in defining, planning and evaluating services
to children; and
( e ) that government, families and communities share the
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responsibility for the promotion of the development
and well-being of children.
Promoting the best 
interests of 
children.
11. In order to promote the welfare of children and to monitor
the conditions under which children develop, the Commissioner
shall:
( a ) provide public education and information designed to
promote an understanding of the rights of children;
( b ) initiate measures for asserting the rights and promote
the interests of children;
( c ) collect information and investigate any alleged
breaches of the rights of children including the death
of any child if the Commissioner considers such an
investigation to be necessary;
( d ) set standards to be applied by ministries, departments
or agencies of the Government to help ensure that their
internal review processes are responsive to complaints
about decisions concerning the provision of designated
services to children;
( e ) monitor whether ministries, government departments
and agencies referred to in paragraph ( d ) are meeting
the standards set under that paragraph;
( f ) collect data about, conduct or encourage research into,
matters relevant to services for children;
( g ) ensure that such services in relation to children are -
(i) accessible,
(ii) community-based,
(iii) co-ordinated and integrated,
(iv) inclusive of gender, culture and language, and
(v) responsive to individual needs;
( h ) provide public education and information designed to
promote an understanding of, and to invite public
comment on, the work of the Commissioner;
( i ) monitor and assess the policies and practices of social
welfare services affecting children;
( j ) ensure that legislation relating to the protection of
children’s interests is observed;
( k ) act as a spokesperson for the rights, needs and interests
of children and put forward proposals for measures
which can solve or prevent conflicts between children
and society;
( l ) advise the Government and propose to the Government
such measures as may be required in order for the
rights and interests of children to be provided for.
Council for 
Children.
12. (1) There shall be a Council for Children appointed by the
Minister to assist the Commissioner, composed of the
Commissioner who shall be the chairperson and six other members
as follows:
COMMISSIONER FOR CHILDREN [ CAP. 462.  5
( a ) one person appointed by the Minister;
( b ) one person appointed by the Minister responsible for
Health;
( c ) one person appointed by the Minister responsible for
Education;
( d ) one person appointed by the Minister responsible for
Home Affairs;
( e ) one person appointed by the Minister responsible for
Justice; and
( f ) the Chairperson of the Committee.
(2) The Council shall have the right to co-opt up to seven other
persons who, in the opinion of the Council, best represent children
and the rights of children. These persons shall, as far as possible, be
children and people involved in the promotion of children’s rights.
(3) The Council shall not act unless the chairperson and two
other members are present.
(4) The Council shall meet at least once every three months and
shall be convened by the chairperson. The chairperson shall also
convene a meeting of the Council when requested to do so by at
least two members thereof.
(5) The Council shall, subject to the foregoing provisions
regulate its own procedures.
(6) The functions of the Council shall be:
( a ) to monitor compliance with the United Nations
Convention on the Rights of the Child as ratified by
Malta and with all such other international treaties,
conventions or agreements relating to children as are
or may be ratified or otherwise acceded to by Malta;
( b ) generally to advise and assist the Commissioner in the
performance of the functions of the Commissioner as
listed in this Act;
( c ) to advise and assist the Commissioner in the
promotion of the welfare of children as specified in
article 11.
Confidentiality.
member of the staff of the Commissioner’s office shall maintain
secrecy in respect of all personal matters that come to their
knowledge in the exercise of their powers and the carrying out of
their duties and functions under this Act, and shall not divulge any
matter coming to their knowledge as aforesaid except for the
purpose of an investigation, or prosecutions for an offence against
this Act or any other offence against the person of a child.
Investigations.
Commissioner may carry out an investigation for any purpose
connected with the execution of the Commissioner’s duties either
on a written complaint made to the Commissioner by any person or
on the Commissioner’s own motion.
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(2) The Commissioner shall not carry out investigations
concerning specific, individual conflicts between a child and its
parents or guardians, or between the parents or guardians including
matters concerning the exercise of parental responsibility and any
other matter that falls within the competence of any court or
tribunal established by law and in any such case the Commissioner
shall submit to the complainant, the reason for the refusal.
(3) A rejection by the Commissioner to carry out an
investigation shall be final.
(4) Upon rendering a decision to investigate a complaint, the
Commissioner shall notify the complainant of the decision to
investigate and shall notify any department, agency or entity
involved of the intention to investigate.
(5) The Commissioner may advise a complainant to pursue all
administrative or judicial remedies or channels of complaint open
to the complainant before or in lieu of pursuing a complaint with
the Commissioner.
(6) If the Commissioner finds in the course of an investigation
that an individual’s action is or may be in violation of any law of a
penal nature, the Commissioner shall immediately report that fact
to the Attorney General.
(7) The Commissioner shall prepare and publish a report of the
findings in any formal investigation and shall include in it such
recommendations as appear to be necessary or expedient.
Access to 
information.
15. (1) For the purpose of an investigation the Commissioner
may require any person who possesses documents or information
relevant to the investigation to:
( a ) produce such documents; and, or
( b ) furnish the information in writing; and, or
( c ) attend at a specified time and place and give oral
information on oath.
(2) The Commissioner shall have the power to summon
witnesses and to administer an oath to any person concerned in the
investigation and require them to give the relevant information.
(3) Notwithstanding the provisions of the preceding two
subarticles, no person shall be compelled to give information or
produce documents which such person could not be compelled to
give or produce in civil or criminal proceedings before a Court.
Recommendations. 16. (1) The Commissioner may make recommendations for
action to be taken by other persons or body as may be necessary or
expedient and may publish such recommendations, if the
Commissioner deems fit, without revealing the identity of the
person to whom the report refers.
(2) In those cases where the Commissioner decides to make
recommendations, a report shall be drawn up by the Commissioner
explaining the reasons for the recommendations and the
Commissioner shall send a copy of such report to any person or
body to whom the recommendations are directed.
COMMISSIONER FOR CHILDREN [ CAP. 462.  7
Compliance with 
the UN Convention 
on the Rights of the 
Child.
17. (1) If it appears to the Commissioner that a particular
person or body is not complying with the provisions of the United
Nations Convention on the Rights of the Child as ratified by Malta,
then the Commissioner may make recommendations in the form of
a compliance notice, which shall state the Commissioner’s opinion
as to the way in which the provisions of the Convention are not
being complied with and what action should be taken to comply.
(2) Any person or body receiving a recommendation in
accordance with the preceding sub-article, shall consider the
recommendation and notify the Commissioner within such time as
the Commissioner may stipulate in the compliance notice, of the
action which has been taken or it is intended to take in response to
the recommendation.
(3) Where any person or body to whom a recommendation is
directed intends not to comply with it, they shall furnish the
Commissioner with reasons for not doing so, and the Commissioner
may, if deemed fit, publish these reasons.
(4) The Commissioner may require a person or body to whom a
recommendation has been directed to furnish such information as
may be reasonably required to verify whether the recommendation
has been complied with or not.
(5) The Commissioner shall establish and maintain a Register
of Compliance Notices and the register may be inspected by any
person.
Child Impact 
Statement.
18. (1) Whenever it appears necessary or expedient, the
Commissioner may carry out or cause to be carried out a Child
Impact Statement relating to any decision or proposal on policy
which affects children.
(2) Any Child Impact Statement shall set out the probable
impact on children of the decision or proposal on policy.
(3) The Commissioner may publish the Child Impact Statement
Annual report.
the end of each calendar year make and transmit to the Minister, an
annual report which shall include:
( a ) a report of the Commissioner’s activities during the
year;
( b ) a general description of the circumstances of children
in Malta and a survey of the developments which have
affected them;
( c ) any recommendations regarding the need for
legislation or change in rules or policies; and
( d ) any responses made to the Commissioner in
accordance with this Act.
(2) The Minister shall, at the earliest opportunity and not later
than eight weeks after he has received a copy of every such report,
or if at any time during that period the House of Representatives is
not in session, within eight weeks from the beginning of the next
following session cause a copy of every such report to be laid on
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the Table of the House of Representatives.
(3) The report mentioned in subarticle (2) shall be discussed by
the Committee.
Offences. 20. Any person who knowingly impedes or obstructs the
Commissioner in performing or exercising powers or functions
given under this Act; or refuses to give any information required by
the Commissioner or knowingly provides false or misleading
information as required under this Act, shall be guilty of an offence
and shall on conviction be liable to a fine ( multa ) not exceeding
five hundred liri provided that when the act committed by an
offender constitutes a more serious offence under any other law,
the provisions of that other law shall apply in respect of that act.
Provisions of this 
Act not to derogate 
from provisions of 
the Constitution.
21. The provisions of articles 3, 6, 7 and 9 shall be in addition
to and shall not derogate from the provisions of the Constitution
with regard to the appointment, discipline and removal of public
officers.
