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The Law Institute of Victoria wishes to endorse the Legal section of the Submission by KIDS (Kids in Detention Story) to you Inquiry into Children in Immigration Detention.

The Victorian Bar Council has been provided with the submission to the HREOC Enquiry into the mandatory detention of children that has been prepared by a group headed by Julian Burnside QC and called the Kids in Detention Story.

1. INTRODUCTION 2. HUMAN RIGHTS IMPLICATIONS FOR MINORS OF AUSTRALIA'S MANDATORY DETENTION 3. ADDITIONAL ISSUES FOR UNACCOMPANIED MINORS IN DETENTION 4. ALTERNATIVES TO DETENTION 5. CONCLUSION

The Council for Civil Liberties NSW (CCL) considers mandatory detention of asylum seekers to be a breach of Australia's international obligations. The CCL is of the view that mandatory detention of children is morally indefensible particularly given Australia's ratification of the UN Convention on the Rights of the Child (CROC)

As Commissioner for Children in Tasmania, my Office is set up under Part 9 of the Children, Young Persons and their Families Act 1997 ("the Act"). The Act is informed by the United Nations Convention on the Rights of the Child, and has been in operation in Tasmania since 1st July 2000.

Staff in the Social Policy and Advocacy Research Centre, and the Youth Studies Flagship at the Australian Catholic University welcome the Human Rights and Equal Opportunity Commission's initiative in establishing an inquiry into children in Australia's immigration detention centres.

Article 3(1) of the United Nations Convention on the Rights of the Child provides that a child's best interests are to be a primary consideration in all actions concerning them. The Australian system, whereby the guardian of unaccompanied child asylum seekers is the Minister for Immigration and Multicultural and Indigenous Affairs, rather than an authoritative, independent statutory body, does not ensure that the requirements of article 3(1) are met.

This submission examines a child's right to a nationality and Australia's protection of that right. Of special interest is the position of children born in mandatory detention to parents who are both unlawful non-citizens. [1] The submission addresses the first term of reference for the inquiry, by exploring Australia's obligations in this area and discussing whether such obligations are implemented by legislation and the general practice in Australia.

The aim of this submission is to inform HREOC, at the outset of its Inquiry, of the concerns held about Children in Immigration in Detention, by members of the legal profession in New South Wales. The focus of the submission is limited to the issue of compliance with international and domestic legal obligations. Relevant obligations are outlined, concerns are highlighted and finally, recommendations to address those concerns are listed. The Law Society welcomes any future opportunity to address any specific matters in greater detail at the request of HREOC.

The Commission is Australia’s national human rights institution. It is an independent statutory body established under the Australian Human Rights Commission Act 1986 (Cth). The Commission’s main responsibilities are:

CARAD is a group of volunteers, supporters and donors formed from January 2000, in an attempt to meet some of the range of essential and urgent needs of refugees who reach Perth, following assessment of their claim while in a detention centre. We have now met in excess of 2,000 refugees, not all of whom remain in WA, and have provided them with compassionate, practical assistance. We estimate that there are about 1000 individual volunteers, supporters and donors affiliated with CARAD.

1. The provisions made by Australia to implement its international human rights obligations regarding child asylum seekers, including unaccompanied minors.

"We reaffirm our commitment to continue our struggle to eliminate all forms of violence and torture against children and to create a world that protects and fulfils the rights of all children." [1]

I am a psychologist, currently registered to practice in Victoria and South Australia. Australian Correctional Management employed me as a psychologist, from March 7th to April 16th. 20002

Department of Justice and Youth Studies at the Royal Melbourne Institute of Technology The Department of Justice and Youth Studies (JYS) is part of the Faculty of Education, Language and Community Services (FELCS) at RMIT University. JYS offers undergraduate courses in Criminal Justice Administration and Youth Affairs, as well as Masters by Research and PhD programs.

On behalf of ASTSS I would like to thank you for inviting us to this meeting. Our Association consists of professionals of different disciplines whose aim is to diagnose, treat and prevent major stresses and traumas and their consequences. Some of our members have expressed concern from their clinical experience that traumatized detainees have been further traumatized, and as well, that carers for detainees have been secondarily affected. The following is a summary of their experiences. It is consistent with other scientific knowledge in the field.

The Australian Association for Infant Mental Health (AAIMH) is the Australian Affiliate of the World Association for Infant Mental Health. It aims to improve professional and public recognition that infancy is a critical period in psychosocial development for infants and the family and to provide a focus for multidisciplinary interaction and co-operation for those who are involved and interested in working with infants and caregivers.

The Australian Association for the Welfare of Child Health (AWCH) is a national organisation of parents and professionals which advocates for and raises awareness of the psychosocial needs of children, young people and their families within the health care system in Australia. AWCH advocates a holistic family-oriented approach to the care of children and young people, acknowledging the vital role the family plays in that care.

The Australian Early Childhood Association (AECA) is a national non-government, non-profit advocacy organisation that speaks out on behalf of all young children from birth to eight years. It stands as the voice for children and aims to ensure that the best interests of children are always at the forefront of decision making. Members include childcare services, schools, peak early childhood organisations and individuals who are interested in promoting the best interests of children.

This submission will comment on the Mental Health and development needs of child asylum seekers from an analysis of the interview transcripts from nine refugees who have an experience of detention in Australia. 12th March 2002