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Read the text of the Act here.
The Act establishes a Children’s and Youth Advocate for every province of Austria.
Youth Welfare Act (kija) - Burgenland
§ 11 Establishment of a Burgenland Children’s and Youth Advocate
(1) The Provincial Government shall appoint a Burgenland children’s and youth advocate
[„Burgenländischer Kinder - und Jugendanwalt "] who shall be required to have the personal ability and the professional qualification necessary to perform this office.
(2) The Province of Burgenland shall provide the means and the staff required for a children’s and youth advocate to operate.
(3) The children’s and youth advocate shall be appointed for a maximum office term of five years.
The appointment shall be renewable.
§ 11a Duties
(1)The children’s and youth advocate shall:
1. advise minors, persons with parental responsibility, and legal representatives in all matters concerning the minors’ status and the duties of persons with parental responsibility,
2. provide assistance in disagreements and disputes between persons with parental responsibility and minors concerning matters of care and upbringing, and
3. act as an intermediary in disagreements and disputes between persons with parental responsibility or minors, on the one hand, and authorities or other youth welfare institutions, kindergartens, or schools, on the other hand.
(2) In the performance of his (her) duties, laid down under section 1, the children’s and youth advocate shall have the following tasks:
1. Processing complaints from children and youths, persons with parental responsibility, and legal representatives,
2. pointing out defects or grievances concerning children and youths,
3. collecting and examining suggestions for improvement,
4. providing information in these matters with reference to the provisions laid down in the prevailing draft of the Burgenland Disclosure Act, LGBl. [Provincial Law Gazette] No. 3/1989,
5. making recommendations to or consultations with the competent persons or institutions in the interest of children and youths,
6. scrutinizing and proposing laws and regulations concerning children and youths
7. extending recommendations, proposals, and positions concerning matters of children and youths, and
8. providing information concerning the rights and interests of children and youths and the duties of children’s and youth advocate.
(3) In the cases laid down under section 1 Z 1 and 2, the children and youth advocate shall, upon first counselling and assistance, establish contact to those youth welfare authorities or institutions most competent to deal with the respective case, if necessary.
§ 11b Specific competencies of the children’s and youth advocate
(1) All administrative bodies at the provincial and municipal level including the bodies of the associations of the Provincial Government, private youth welfare bodies and their institutions and any other bodies dealing with a given case - unless section 2 shall apply - shall grant the children’s and youth advocate with the support and information necessary, and, if approved of by the person in question, the right to inspect files as per
§ 17 AVG [Act on General Administrative Procedure] in order to perform his (her) duties. The children’s and youth advocate shall be entitled to request from the provincial and municipal administration the transmission of those data, information, and documents concerning children and youths in general, the consultation and analysis of which shall be required for the children’s and youth advocate to perform his (her) duties.
(2) For matters concerning children and youths that cannot be dealt with within the borders of the province or municipality, The children’s and youth advocate may, if required for the performance of his (her) duties, request the persons or institutions concerned, to submit a written or oral statement.
§ 11c Freedom from instructions (Constitutional Provision)
In the performance of his (her) duties, the children’s and youth advocate shall not be bound by instructions. In professional matters, the staff made available to the children’s
and youth advocate shall be subordinate to the children’s and youth advocate.
§ 11d Activity Report
Biennially, the children’s and youth advocate shall make a report to the Provincial Government. The latter shall forward the report to the Provincial Parliament.
Youth Welfare Act – TYROL (Tirol)
§ 6a Children’s and Youth Advocate
(1) Following a public advertisement and a consultation with the Youth Welfare Advisory Board (§ 30), the Provincial Government shall appoint a person equipped with the personal ability to perform this office and specific knowledge and practical experience in the field of youth welfare or working with children and youths as children’s and youth advocate for an office term of five years. The children’s and youth advocate shall be prohibited from performing any other activity in public or private youth welfare during his office term. Upon termination of the office term, he shall be obliged to continue his official business until the appointment of a new children’s and youth advocate . The term shall be renewable.
(2) The children’s and youth advocate shall be officially based in Innsbruck. He may hold counselling session outside of Innsbruck, if deemed expedient for the performance of his duties.
(3) The Provincial Government shall provide the funds and means required for a children’s and youth advocate to operate and to make available the number of provincial state employees in accord with the staff planning. The Provincial Government shall consult the children’s and youth advocate when selecting the Provincial State employees.
(4) The office of children and youth advocate shall terminate prematurely due to death, voluntary renunciation, or removal by the Provincial Government. The renunciation shall be made in writing to the Provincial Government. It shall become effective upon arrival of the renunciation letter unless the declaration of renunciation specifies a later point in time at which it shall become effective. Upon consultation with the Youth Welfare Advisory Board, the Provincial Government shall withdraw the appointment as children’s and youth advocate , if circumstances occur in connection with the person of the children’s and youth advocate, on the grounds of which he no longer appears suitable for this office or in the event of gross negligence of his duty. In the event of premature termination of the office of children’s and youth advocate, the Provincial Government shall immediately appoint a new children’s and youth advocate .
(5) The children’s and youth advocate and the deployed staff shall be obliged to observe secrecy about all facts subject to interests warranting protection of persons, they gained knowledge of in no other context than this activity.
(6) The services of the children’s and youth advocate may be used free of charge. In addition, they may be used anonymously.
(7) All bodies concerned with child and youth welfare, with the exception of federal bodies, stationary institutions as per § 26 and those private youth welfare institutions recognized as per § 29 shall support the children’s and youth advocate in the performance of his duties and provide information upon inquiry.
(8) Unless he already holds a public service or a private law employment with the Province of Tyrol, a
private law employment shall be concluded with the children’s und youth advocate for the duration
of the office term, based on the regulations stipulated in provincial public servants’ contracts. The
appointment to the children’s and youth advocate shall not have any effects on the employment of
an employee who already holds a publicservice or a privatelaw employment with the Province of Tyrol,
unless otherwise specified. In the event of an employee holding a public-service employment with the
Province of Tyrol being appointed children’s and youth advocate, the running of this period of time
will be suspended for the duration of his office. In the event of an employee holding a private law
employment with the Province of Tyrol being appointed to the children’s and youth advocate , his
employment shall terminate only in the event of a withdrawal of appointment.
(9) In the field of youth welfare, the children’s and youth advocate shall:
a) advise minors, persons with parental responsibility, and legal representatives in all matters
concerning the minors’ status and the duties of persons with parental responsibility,
b) provide assistance in disagreements and disputes between persons with parental responsibility or
minors about matters concerning the care and upbringing of the latter,
c) act as an intermediary in disagreements and disputes between persons with parental responsibility
or minors, on the one hand, and authorities and private welfare institutions competent to execute a
given law, on the other hand,
d) assist young persons upon completion of the 21st year in coping with their problems and in their
personal and their social development.
(10) In addition, the children’s and youth advocate shall
a) initiate measures in order to improve the life conditions of children and youths and point out
grievances accordingly, giving due consideration to similar activities of other provincial institutions.
b) to submit his expert opinion on provincial draft law and regulations, that may bear relevance to the
interests of children and youths,
c) submit an annual activity report to the Provincial Government to be forwarded to the Provincial
Parliament.
(11) (Provincial Constitutional Provision) In the performance of his duties as per sections 9 and 10,
the children’s and youth advocate shall not be bound by instructions. In the performance of their
duties as per sections 9 and 10, the staff made available to the children’s and youth advocate shall
be bound by the instructions of the children’s und youth advocate only.
(12) In the case of being prevented from performing his duties, the children’s and youth advocate
shall nominate a member of the staff made available to him as his substitute.
Youth Welfare – Carinthia (Kärnten)
§ 4
Children’s and Youth Advocate
(1) The authorities responsible for youth welfare shall be appointed to
a) advise children and youths, persons with parental responsibility, and legal representatives in all
matters concerning the children’s and youths’ status and the duties of persons with parental
responsibility, and
b) provide assistance in disagreements and disputes concerning matters of care and upbringing.
(2) In order to meet the requirements laid down in section 1, the Provincial Government shall appoint
a children’s and youth advocate . The province’s authorities and government departments and the
communities shall be obliged to provide the children’s and youth advocate with the support and the
information necessary to perfom his duties.
(3) If necessary, but at least once a year, the children and youth advocate shall submit an activity
report to the Provincial Government. The Provincial Government shall forward the activity reports to
the Corinthian Provincial Parliament.
(4) In performing his duties as per section 1, the children’s and youth advocate shall not be bound
by instructions.
Act on Public Welfare-Vorarlberg
§ 26
Children’s and Youth Advocate
(1) The Provincial Government shall appoint for an office term of five years a suitable person as
children’s and youth advocate . The appointment shall be preceded by a public advertisement in the
Official Gazette of the Province of Vorarlberg and the Voralberg-based daily newspapers.
(2) The children’s and youth advocate shall
a) advise minors, persons with parental responsibility, and legal representatives in all matters
concerning the minors’ status and the duties of persons with parental responsibility ,
b) provide assistance in disagreements and disputes between persons with parental responsibility
and minors concerning matters of care and upbringing,
c) act as an intermediary in disagreements and disputes between persons with parental
responsibility or minors, on the one hand, and authorities or other youth welfare facilities , on the
other hand.
(3) In the cases laid down under section 2 letter a and b, the children’s and youth advocate shall,
upon first counselling and assistance, establish contact to those authorities or institutions of youth
welfare most competent to deal with the respective case, if necessary.
(4) Annually, the children’s and youth advocate shall submit a report on his activities and the
experience thus gained to the Provincial Government. He shall advise the Provincial Government in
the performance of its planning, research, and public-relations duties as per § 27.
(5) (Constitutional Provision) In the performance of his duties, the children’s and youth advocate
shall not be bound by instructions.
(6) The children’s and youth advocate shall be released from the obligation to notify as per § 84
of the Code of Criminal Procedure, provided the punishable act has been committed by the minors or
those with parental responsibility and a report would endanger the success of an individual case and
public interest in persecution does manifestly not override the relevance of the case.
(7) The authorities and institutions responsible for youth welfare shall support the children’s and
youth advocate, grant him access to the files necessary and provide information upon inquiry.
(8) The children’s and youth advocate shall be based in Feldkirch. He may hold counselling
session outside of Feldkirch, if deemed expedient for the performance of his duties.
(9) The Provincial Government shall withdraw the appointment of children’s and youth advocate, if
circumstances occur in connection with his person, on the grounds of which he no longer appears
suitable for this office.
Youth Welfare Regulation - Salzburg
§ 13
(1) The Provincial Government shall establish a children’s and youth legal service. It shall
comprise the children’s and youth advocate who shall lead the service and the necessary staff.
(2) Following a public advertisement, the children’s and youth advocate shall be appointed by
the Provincial Government for an office term of five years. Prior to the appointment, a public hearing of
the candidates before the Youth Welfare Advisory Board shall be held. The Advisory Board shall
report the outcome of the hearing to the Provincial Government and may also make recommendations
for the appointment. The appointment of children’s and youth advocate shall be advertised in the
Salzburger Landes-Zeitung.
(2a) Followed by a hearing with the Youth Welfare Advisory Board, the appointment of children’s
and youth advocate may be renewed by the Provincial Government for terms of five years each. The
renewal shall be advertised in the Salzburger Landes-Zeitung.
(3) Persons with relevant education and practical experience only who meet the requirements set
in cooperation with the Youth Welfare Advisory Board may be appointed children’s and youth
advocate. He/she shall be prohibited from carrying out activities that conflict with the office’s
obligations or may arouse doubts as to his/her impartiality.
(4) (Constitutional Provision) The children’s and youth advocate shall not be bound by
instructions. The staff subordinated to him/her shall be bound by his/her instructions only.
(5) The province shall provide the means and funds required in order for the children’s and
youth legal service to perform its duties orderly and effectively. The children’s and youth advocate
shall have the right to be consulted when selecting the legal service’s staff.
(6) The office of the children’s and youth advocate shall terminate upon the coming into effect of
a voluntary renunciation of office or by premature removal from office. The removal shall take place, if
the conditions of appointment had not been fulfilled or shall no longer be fulfilled. It shall be advertised
in the SalzburgerLandes-Zeitung.
Duties and competencies of the
children’s and youth legal service
§ 14
(1) The children’s and youth legal service shall have the duty of advocating the rights and
interests of minors. In the context of this duty, the children and youth legal service shall in particular:
a) advise and support minors, parents, persons with parental responsibility, and legal
representatives, in all matters concerning the minors’ status and the duties of parents or persons
with parental responsibility;
b) act as an intermediary and provide assistance in disagreements and disputes concerning matters
of minors’ care and upbringing between the children, youths, parents, persons with parental
responsibility, and public and private-welfare institutions concerned;
c) apply in the interest of minors to courts, administrative authorities and other facilities;
d) advocate the rights, interests, requirements, and concerns of minors in public;
e) promote cooperation between youth welfare institutions and institutions working with youths and
relevant branches of research, propose or carry out relevant research projects, and participate in
research projects aimed at improving the life conditions of minors;
f) participate in the Youth Welfare Advisory Board;
g) participate in drafting the Salzburg contribution to the report as per Art 44 of the Convention of the
Rights of the Child, as announced under BGBl No 7/1993;
h) participate in scrutinizing relevant draft legislation and draft regulations and in drafting norms
under Community law;
i) making proposals as per section 3 letter d. The duties as per letter a to c shall be performed in
coordination with the applicable advisory centres and with the objective of reaching amicable
settlements.
(2) Annually, the children’s and youth legal service shall submit to the Provincial Government a
report on its activities and the experience thus gained. This report may also contain conclusions and
recommendations. The Provincial Government shall forward any sections of the report that point out
grievances in connection with provincial authorities, other facilities subordinated to the Provincial
Government’s supervision, or private youth welfare bodies to the respective body and ask the
respective facility to submit its comments. The Provincial Government shall submit the annual report to
the Provincial Parliament and the Youth Welfare Advisory Board.
(3) The children’s and youth legal service shall have the following competencies:
a) it may apply for party status as per § 8 AVG in administrative procedures on the basis of this Act,
the Salzburg Day Care Act, or on the basis of provincial provisions, provided this shall be required for
the proper performance of duties, concerning the following areas of activity:
1. construction and major reconstruction measures in connection with buildings that
shall be used, or shall be intended to be used,
by great numbers of children and youths such as children’s and youth homes;
2. establishing or extending private kindergartens;
3. establishing, operating, or making major changes to
hospitals;
b) demand the right to inspect files (§ 17 AVG) and to take out a summons against a person for
participation in oral proceedings in all administrative proceedings that shall be carried out on the basis
of provincial provisions and concern the interests of children and youths, provided this shall be
required for the proper performance of duties;
c) demand access to all data, information, and documents from provincial and municipal
administrations, provided they shall not be related to any particular administrative procedure, and their
consultation and analysis shall be required the proper performance of duties;
d) extend recommendations in connection with procedures taking into account the nature of children
to all agencies of regional and local authorities and make suggestions in order to improve the general
life conditions and the chances of development of children and youths. Within a period of eight
weeks, the authorities of the province and the municipalities, and the private youth welfare bodies shall
fulfil the recommendations made by the children’s and youth legal service or shall submit in writing
the reasons for failure to do so.
(4) All authorities of the province and the Municipalities shall provide the support necessary in
order for the children’s and youth legal service to perform its duties and shall provide information upon
inquiry.
(5) The children’s and youth legal service shall be released from the obligation to notify as per §
84 of the Strafprozessordnung [Code of Criminal Procedure], provided the punishable act has been
committed by minors or persons with parental responsibility and a report would endanger the success
of an individual case and public interest in persecution does manifestly not override the relevance of
the case.
Youth Welfare Act - Upper Austria (Oberösterreich)
§ 10
Upper-Austrian Children’s and Youth Legal Service
(1) At the offices of the Upper-Austrian Provincial Government, an Upper-Austrian children’s and
youth legal service ["Oö. Kinder und Jugendanwaltschaft"] shall be established; it shall be officially
based at the offices of the Provincial Government. The Upper-Austrian children’s and youth legal
service shall comprise the Upper-Austrian children’s and youth advocate as its head and the
number of staff required.
(2) The head shall be appointed by the Provincial Government for an office term of six years; the
appointment shall be renewable. In the event of non-renewal of the head’s appointment, he (she) shall
continue his (her) official business upon expiration of his (her) term of office until the appointment of
his (her) successor. The Provincial Government shall put in order the proceedings of appointing the
head of the Upper-Austrian children’s and youth legal service by drawing up a set of regulations. In
so doing, it shall determine, taking into consideration the duties of the Upper-Austrian children’s and
youth legal service (section 4), the professional and personal preconditions candidates to this post
shall be required to meet and specify that the post shall be publicly advertised.
(3) (Constitutional Provision) The Upper-Austrian children’s and youth legal service shall have no
legal personality; its legal entity shall be the Province of Upper Austria. In performing his (her) duties
as per section 4, the head of the Upper-Austrian children’s and youth legal service shall, in
professional matters, not be bound by instructions; in these matters, the staff subordinated to him (her)
shall be bound by his (her) professional instructions only.
(4) In performing its duties, the Upper-Austrian children’s and youth legal service shall give due
consideration to the rights and the well-being of children. The Convention on the Rights of the Child
(BGBl. No 7/1993) shall be the guiding principle of its actions. In particular, the Upper-Austrian
children and youth legal service shall have the following duties:
1. advising children , youths, parents, persons with parental responsibility, and legal representatives
in all matters concerning the the minors’ status and the duties of parents or persons with parental
responsibility;
2. assisting in disagreements and disputes concerning matters of care and upbringing;
3. applying in the interest of children and youths to courts, administrative authorities, and other
facilities;
4. scrutinizing and proposing draft legislation and draft regulations, provided they concern the
interests of children and youths;
5. providing information and extending recommendations concerning the rights, duties, and interests
of children and youths and the duties of the Upper-Austrian children and youth legal service.
(5) Within the scope of its authority to supervise and authority to direct, the Provincial Government
shall provide easy access to the Upper-Austrian children’s and youth legal service, for children and
youths in particular.
(6) The Upper-Austrian children’s and youth legal service shall hold counselling sessions in the
individual districts, if necessary.
(7) The Upper-Austrian children’s and youth legal service may be used confidentially and
anonymously. It shall be obliged to observe secrecy about facts gained knowledge of in no other
context than this activity, inasmuch as this shall be required in the interest of the children and youths
concerned or other interests connected to youth welfare.
(8) The authorities and agencies of the province, communities, social associations, cities with their
own statutes, bodies of private youth welfare and their institutions, and any other facility concerned
with an actual case shall provide the Upper-Austria children’s and youth legal service with the
support and information necessary to perform its duties.
(9) If necessary, but at least every three years, the Upper-Austrian children’s and youth legal service
shall submit a report of activities which the Provincial Government shall forward to the Provincial
Parliament.
Youth Welfare Act – Lower Austria (Niederösterreich)
§ 6
Establishment and Organisation
(1) At the offices of the Provincial Government, a Lower Austrian children’s and youth legal service
["NÖ Kinder- und Jugendanwaltschaft"] shall be established. It shall comprise a head and the staff
required who shall be appointed by the Provincial Government.
(2) (Constitutional Provision) The Lower Austrian children’s and youth legal service shall be a body of
the Province of Lower Austria. In terms of civil –service regulations of the public sector it shall be
subordinated to the Provincial Government and shall not be bound by instructions.
(3) Within the scope of its authority to supervise and authority to direct, the Provincial Government
shall provide easy access to the Lower Austrian children’s and youth legal service for citizens of the
province and children and youths in particular. In order to achieve this objective, de-centralized
branches of the Lower Austrian children’s and youth legal service may be established.
(4) The Lower Austrian children’s and youth legal service shall establish counselling sessions in the
individual districts, if necessary.
(5) The Lower Austrian children’s and youth legal service may be used confidentially and
anonymously.
(6) If necessary, but at least every two years, the Lower Austrian children’s and youth legal service
shall submit a report of activities which the Provincial Government shall forward to the Provincial
Parliament.
(7) The authorities and agencies of the province, the communities, bodies of private youth welfare
and their institutions, and any other facility concerned with an actual case shall provide the Lower
Austrian children’s and youth legal service with the support and information required to perform its
duties as stipulated by law . The Lower Austrian children’s and youth legal service shall be obliged to
observe secrecy about facts gained knowledge of in no other context than this activity, inasmuch as
this shall be required in the interest of the children and youths concerned or other interests connected
to youth welfare.
(8) Within its scope of activities and its measures, the Lower Austrian children’s and youth legal
service shall at all times give due consideration to the rights and the well-being of the children it shall
represent. The Convention on the Rights of the Child (BGBl. No 7/1993) shall be the guiding principle
of its actions.
§ 7
Duties
The Lower Austrian children’s and youth legal service shall have the following duties:
1. advising minors, persons with parental responsibility, and legal representatives in all matters
concerning the minors’ status and the duties of persons with parental responsibility;
2. assist in all disagreements and disputes concerning matters of care and upbringing;
3. act as an intermediary between youth welfare facilities, parents, schools, kindergartens, and
children and youths;
4. convening information session on
matters that bear particular relevance to children and youths;
5. monitoring the administrative practices in youth welfare;
6. scrutinizing and proposing regulations and other legislation from a children’s and youths’ point of
view;
7. Making propositions in order to create better life conditions for children and youths;
8. Proposing special control measures for private youth welfare institutions in the event of grievances;
9. Safeguarding the interests of children and youths in all planning and research activities
§ 8
Rights in the Administrative Process
(1) On the basis of this law, the Lower Austrian children’s and youth legal service may apply for party
status as per § 8 AVG 1950 in administrative processes, inasmuch as this shall be necessary for the
performance of its duties as per §7.
(2) To the extent that the Lower Austrian children’s and youth legal service shall be entitled to party
status, it shall be entitled to the right of appeal as per Art. 131 Abs. 2 B-VG [Federal Constitutional
Law].
Youth Welfare Act – Vienna (Wien)
XE Children’s and Youth Advocate ["Kinder - und Jugendanwalt "]
§ 10. (1) In order to particularly safeguard the interests of children and youths, a children’s and youth
legal service shall be established at the offices of the Vienna Provincial Government. It shall comprise
a children’s and youth advocate and the number of staff required.
(2) The Provincial Government shall provide the staff and means required.
(3) The post of children’s and youth advocate shall be publicly advertised. The local council’s
advisory board competent for youth welfare shall hear all candidates applying for the publicly
advertised positions and shall select the six most suitable candidates (three female candidates, three
male candidates) which shall be proposed to the governing city council. Following the proposition of
the competent governing city council, the Provincial Government shall appoint the children’s and
youth advocates for an office term of five years. In the event of § 10 section 9 and in the event of
death or voluntary renunciation on the part of a children and youth advocates, a successor shall be
appointed immediately for the remaining period of the office term.
(4) (Constitutional Provision) In the performance of their duties, the children’s and youth advocates
are not bound by instructions.
(5) The children and youth advocates shall be obliged to observe official secrecy.
(6) In particular, the children and youth advocates shall have the following duties:
1. advising minors, persons with parental responsibility, and legal representatives in all matters
concerning the minors’ status and the duties of persons with parental responsibility,
2. acting as a intermediary in disagreements and disputes concerning matters of care and upbringing,
3. extending recommendations, provided they concern the interests of children and youths,
4. scrutinizing and proposing draft legislation and regulations, provided they concern the interests of
children and youths,
5. providing information concerning the rights, duties, and interests of children and the duties of the
children’s and youth legal service. The duties as per figures 1 to 5 shall be performed in coordination
with public and private youth welfare bodies and with the objective of reaching amicable settlements.
(7) If necessary, but at least once a year, the children’s and youth legal service shall submit a report
on its activities and the experience thus gained to the Provincial Government. The Provincial
Government shall forward the report of activities to the Provincial Parliament.
(8) The Viennese provincial and municipal authorities and the private bodies of youth welfare, shall
provide the children’s and youth advocates with the support and the information required to perform
its duties. The children’s and youth advocates shall not be subject to the statutory obligation to
observe secrecy.
(9) If circumstances occur in connection with the person of a children’s and youth advocate on the
grounds of which this person no longer appear suitable for this office, the Provincial Government shall
remove the person in question from office.
Youth Welfare Act (kija)-Styria (Steiermark)
§ 13
Children’s and Youth Advocate (9)
The Provincial Government and the district authorites shall be appointed to:
1. advise minors, persons with parental responsibility, and legal representatives
in all matters concerning the minors’ status and
the duties of persons with parental responsibility,
2. offer assistance and decision-making aids in all disagreements and disputes
concerning matters of care and upbringing.
§ 13a (1) (9)
Children’s and Youth Legal Service
(1) At the offices of the Styrian Provincial Government,
a children’s and youth legal service shall be established. It shall comprise its head and
the staff required.
(2) In the performance of its duties, the children’s and youth legal service shall give
due consideration to the rights and the well-being of children. The Convention on the Rights of the
Child, BGBl [Federal Law Gazette] No 7/1993, shall be the guiding principle of its actions.
(3) The head of the children’s and youth legal service shall be appointed for a period of five years by
the Provincial Government following a public advertisement and in terms of the civil –service
regulations of the public sector shall be subordinated to the Provincial Government.
Upon expiration of her/his period of office, the head shall
continue her/his official business until the appointment of a new head .
(4) The office of the head of the children’s and youth legal service may expire
due to voluntary renunciation, death, or removal by the Provincial Government. The
Provincial Government shall remove the head from office, if circumstances
occur in connection with the person of the head on the grounds of which
she/he no longer appears suitable for this office.
(5) (Constitutional Provision) In the performance of her/his duties,
the head of the children’s and youth legal service shall not be bound by instructions.
(6) All bodies at the provincial and municipal level shall provide
the children’s and youth legal service with the support necessary to perform its duties
and provide information upon inquiry.
(7) The children’s and youth legal service may be used confidentially, anonymously, and free of
charge. To facilitate access, it shall hold counselling sessions, outside of Graz, in particular.
§ 13b (1) (5) (9)
Duties and Competencies of the Children’s and Youth Legal Service
(1) The children’s and youth legal service shall have the following general duties:
1. providing suggestions for better life conditions of children
and youths;
2. informing the general public about matters that bear particular relevance to
the concerns of children and youths and, in particular, about children’s rights and the duties
of the children’s and youth legal service;
3. scrutinizing laws, decrees, and other regulations, giving due consideration
to the needs and rights of children and youths;
4. introducing the interests of children and youths into planning
and research activities that bear relevance to the life conditions of
children and youths;
5. coordinating activities of public and private youth welfare institutions
for the well-being of children and youths.
(2) In addition, the children’s and youth legal service shall have the following
particular duties in connection with safeguarding the well-being of children and youths:
1. advising children and youths, parents, persons with parental responsibility, and legal
representatives in all matters concerning the status of children and youths and
the duties of persons with parental responsibility;
2. acting as an intermediary in disagreements and disputes
between parents and/or persons with parental responsibility and children and youths
concerning matters of care and upbringing;
3. acting as an intermediary and counsellor in disagreements and disputes
between parents and/or persons with parental responsibility, and children or youths,
on the one hand, and authorities and private youth welfare institutions,
on the other hand;
4. It may make cognizant to youth welfare bodies cases in which
measures of care and education may be required in order to protect children and youths.
The body entrusted with the case shall inform the children’s and youth legal service
about the measures taken.
(3) In the performance of its duties, as laid down under section 2,
the children’s and youth legal service shall have the right to inspect files.
(4) In order to perform its duties, the children’s and youth legal service
may engage in collaborations with qualified external specialists.
(5) The children’s and youth legal service shall submit an activity report
to the Provincial Parliament every two years, at the least.
§ 14
Obligation to observe secrecy
Unless otherwise established by law, all persons active in youth welfare shall be obliged to observe
secrecy about all facts they gained knowledge of in no other context than this activity.0