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I would like to welcome you all to the Human Rights and Equal Opportunity Commission's second public forum for the National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits.

“The discussion about a new National Representative Body is about our place at the table in making the decisions that impact on our communities, on our men, our women and our children.

I begin by acknowledging the traditional owners of the land on which we are meeting and pay my respects to the elders both past and present. I would also like to thank the Equal Opportunity Commission of South Australia for hosting us here today. Welcome Welcome to the Human Rights and Equal Opportunity Commission public hearing on the National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits. We call this the Same-Sex: Same Entitlements Inquiry for short. What is this Inquiry about?

I would like to welcome you all to the Human Rights and Equal Opportunity Commission's second public forum for the National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits.

I would once again like to thank the Equal Opportunity Commission of Victoria for their assistance in arranging the hearings and for hosting us in their offices both yesterday and today.

Welcome to the Human Rights and Equal Opportunity Commission's Brisbane public hearing on the National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits.

This paper gives a brief overview of the mandatory detention laws currently operating in the Northern Territory and Western Australia. It examines their operation and gives some insights into how they have impacted on particular groups including young people and Indigenous Australians. It gives a critique of mandatory detention by reference to Australia's international human rights obligations, with particular emphasis on the United Nations Convention on the Rights of the Child. The paper cites a number of recent reports and articles dealing with this subject.

Mandatory detention laws were enacted in Western Australia and the Northern Territory in 1996 and 1997 respectively. Essentially these laws require courts to impose minimum sentences of detention or imprisonment for people convicted of certain offences. They effectively remove judicial discretion in relation to those offences.

Responses to the Report Government Response HEREOC Inquiry into Children in Immigration Report Tabled - Joint Press Release - Senator Amanda Vanstone, Minister for Immigration with Attorney-General the Hon. Philip Ruddock MP (13 May 2004) Media Releases Amnesty International: Prime Minister Urged to Release All Children from Immigration Detention (13 May 2004) Australian Democrats: HREOC ...

Inquiry Homepage | Submissions to the Inquiry | Hearing Dates and Transcripts | Terms of Reference | Background Papers National Inquiry into Children in Immigration Detention - Media Releases 2005 Enough is enough - a time to review immigration detention (12 May 2005) HREOC welcomes independent inquiry into circumstances surrounding Ms Rau's detention (7 February 2005) 2004 A day to celebrate ...

The Commissioner inquired into the adequacy and appropriateness of Australia's treatment of child asylum seekers and other children who are, or have been, held in immigration detention, including:

As part of its Inquiry into Children in Immigration Detention the Commission has compiled eight Background Papers to assist organisations and individuals wishing to make submissions to the Inquiry.

To those of you who have been following this Inquiry closely, it may be unclear as to why this hearing is taking place as I had said in December 2002 that those would be the last of the Inquiry's hearings. I will therefore briefly set out the history and methodology of the Inquiry to this point which will take us to why we are here today. I will then set out what steps remain to be completed after this hearing is concluded and prior to publication. Finally, I will set out the proposed procedure for today's hearing. Let us start with methodology of the Inquiry to date.

DR OZDOWSKI: Good morning everybody. I would like to formally open this public hearing which is the last, hopefully, of the series held around Australia. My name is Sev Ozdowski and I'm the Human Rights Commissioner and to my right I've got Professor Trang Thomas, who is Professor of Psychology at the Royal Melbourne Institute of Technology. Today the Commission will be assisted by counsel Michael Wigney and Mr Jonathon Hunyor of the Commission and I would like to ask for the benefit of the audience that the counsel for DIMIA and ACM would introduce themselves.

DR OZDOWSKI: Welcome to everyone. I think there is no need again to administer the oath or affirmation. As with yesterday, we will do it only in the case of new witnesses coming, but please understand that the principles associated with the oath or affirmation do stand up. Also, I would like to ask witnesses in order to finish on time, that they will focus on questions and try to answer, and to reply as directly as possible. Okay, could I ask Mr Wigney to start asking questions, and my understanding is that we are starting with the issue of family and family relations.

DR OZDOWSKI: I declare the Wednesday session of the public hearings for DIMIA and ACM being a part of the National Inquiry into Children in Immigration Detention open. Could I ask Counsel Assisting to finalise the issues which were not finished yesterday and attend to the issue of education.

MR BROMWICH: Commissioner, before we start, I have been asked to place a concern on the record and I don't mean this to be in any sense a personal matter but it will have that flavour, I suppose. I've been asked to express a concern that there be no repeat of the sarcasm and personal attacks that were on occasions made yesterday. Commissioner, we are not aware that there has been the same approach taken to other witnesses before this Inquiry and indeed, I'm not aware that Counsel Assisting have been employed previously to, in effect, interrogate in part other witnesses.

Comments on Transcripts of the Public hearings for DIMIA and ACM by Philippa Goodwin, Deputy Secretary DIMIA Comments on Transcript of the Public Hearing held in Sydney on 2 December 2002 Comments on Transcript of the Public Hearing held in Sydney on 3 December 2002 Comments on Transcript of the Public Hearing held in Sydney on 4 December 2002 Comments on Transcript of the Public Hearing held in ...

COMMISSIONER OZDOWSKI: Welcome to everyone. I would like to formally open this public hearing, the first of a series of hearings to be conducted around Australia. My name is Sev Ozdowski and I am the Human Rights Commissioner of Australia, and I have with me two Assistant Commissioners; to my right Professor Trang Thomas who is Professor of Psychology at the Royal Melbourne Institute of Technology, and to my left Dr Robin Sullivan who is Queensland Commissioner for Children. I also have two counsel assisting.

COMMISSIONER OZDOWSKI: We would like formally to open this Public Hearing in Melbourne on 31 May. My name is Sev Ozdowski and I am the Human Rights Commissioner. I am assisted by two Assistant Commissioners - to my right is Dr Trang Thomas who is also Professor of Psychology at Royal Melbourne Institute of Technology and to my left is Mrs Robin Sullivan, who is the Queensland Children's Commissioner. Also at the table are two counsels assisting.