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The Commission is a national independent statutory body established under the Human Rights and Equal Opportunity Commission Act 1986. It has a President and five Commissioners. The five positions are currently held by three persons.

7.1 Introduction 7.2 What children want and need 7.3 Early childhood education and care services and children's wellbeing 7.4 Government provision of early childhood education and care services 7.5 How do we make child care services more family-friendly? 7.6 Making early childhood education and care services more accessible for parents and children with disability 7.7 Integration of child care and early childhood education 7.8 Paid work and family consequences of the cost and availability of child care 7.9 Conclusion

5.1 Introduction 5.2 Signs of change 5.3 Changing family structures require additional social support 5.4 Translating values into reality 5.5 Sharing care 5.6 Distributing household tasks fairly 5.7 Caring for people beyond the home 5.8 Education and cultural change 5.9 Conclusion

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.

1. In Beijing in 1995 the Australian government was one of 73 governments that made commitments for national action during their plenary speeches at the Beijing Conference.

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.

Australian Lawyers for Human Rights (ALHR) is a network of Australian lawyers interested in furthering awareness and advocacy of human rights in Australia. ALHR promotes the practice of human rights law in Australia and works with Australian and international human rights organisations to achieve this aim.

The objective of the Commission’s new strategic plan is to build on the Commission’s strengths so that it is in a better position to help build an Australian culture where human rights are understood, respected and enjoyed by ‘everyone, everywhere, everyday’.

This submission will focus on the current Australian immigration detention regime as it applies to minors. The regime will be examined based on data and information made available by the Department of Immigration and Multicultural and Indigenous Affairs (“DIMIA”) and supporting documentation ranging from government publications, the Flood Inquiry and testimonies given to the Australian Human Rights and Equal Opportunity Commission “HREOC” under oath.