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Despite the significant positive developments of the past two years, the Commission remains seriously concerned about some aspects of Australian law and policy on asylum seekers, refugees and immigration detention. The Commission is primarily concerned about the prolonged or indefinite detention and lack of durable solutions or substantive visa pathways for certain groups of people in immigration detention. These include stateless persons; refugees who have received adverse security assessments; and refugees who are of interest to or have been charged by the Australian Federal Police (AFP).

This short paper is concerned, first, to examine the significance in a particular case of statistical evidence; secondly, to examine what it means to prove a fact on ‘the balance of probabilities’; and finally to examine the significance of relying on statistical evidence to establish an accused person’s age in the context of s 236B of the Migration Act 1958 (Cth).

Amended by Aborigines Protection Amending Act 1915 (NSW) Aborigines Protection (Amendment) Act 1918 (NSW) Aborigines Protection (Amendment) Act 1936 (NSW) Aborigines Protection (Amendment) Act 1940 (NSW) Aborigines Protection (Amendment) Act 1943 (NSW) Repealed by Aborigines Welfare Ordinance 1954 (Cth).

neglected child - a child found begging, wandering about or frequenting any thoroughfare or tavern, sleeping in the open air and who has no settled place of abode or means of subsistence; residing in any brothel or associating or dwelling with any person, known or reputed to be a thief, prostitute or drunkard or a person convicted of vagrancy; a child having committed an offence and who, in the opinion of the Justices, ought to be sent to an industrial school; an inmate of an immigrants' home or a child whose parent cannot control him/her and want him/her to be placed in an industrial school.

Note: This overview is based primarily on the Bringing them home report and provides a background to the policies and practices that authorised the removal of Aboriginal and Torres Strait Islander children from their families. It is not intended to be used as a comprehensive historical document.

There were a lot of families on the outside who were saying my daughter hasn't come home, my son hasn't come home. You had a lot of families still fighting and then you had the bloody welfare saying to these families, `We're not doing what was done in the sixties'. Bomaderry Home was left open as a big secret by the government and the welfare. And it must have been one of the best kept secrets that the Government kept. It was hard for the people on the outside to prove we was there when the government said we weren't.

Discover a national conversation on how to promote the human rights of Aboriginal and Torres Strait Islander women and girls and their communities.