Age assessment in people smuggling cases:

Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children

Terms of reference

The President will inquire into Australia’s treatment of individuals suspected of people smuggling or related offences who claim to have been under the age of eighteen years at the date of the offences of which they are suspected (the individuals of concern), including by inquiring into acts and practices of the Commonwealth with respect to:

1. assessments of the ages of the individuals of concern made by or on behalf of the Commonwealth for immigration purposes, including by any ‘officer’ as defined by section 5 of the Migration Act 1958 (Cth);

2. assessments of the ages of the individuals of concern during the course of the investigations of the people smuggling or related offences of which they were suspected;

3. assessments of the ages of the individuals of concern for the purpose of decisions concerning the prosecution of the people smuggling or related offences of which they were suspected;

4. decisions concerning whether, and the processes and procedures used, to:

1. facilitate contact between parents/guardians and the individuals of concern; and

2. contact and obtain information relevant to age assessment from parents/guardians of the individuals of concern;

5. the preparation for and the conduct of legal proceedings in which evidence concerning the ages of the individuals of concern was, or was intended to be, adduced;

6. the detention, including the determinations of the places of detention and the conditions of detention, of the individuals of concern;

7. the provision of guardians or other responsible adults to ensure that the interests of the individuals of concern, including with respect to age assessment, were protected;

8. the provision to the individuals of concern of legal advice, assistance and representation, including with respect to age assessment; and

9. any other matters incidental to the above terms of reference.

NOTE: References in these terms of reference to, or to the doing of, acts include references to refusals or failures to do such acts (see section 3(4) of the Australian Human Rights Commission Act 1986 (Cth)).