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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.

Women incur significant workplace disadvantage from the onset of family responsibilities, not just in the immediate period following the birth of a child but over the longer term. This inevitably results in lessened economic security for women, including during retirement. The inequality of outcomes for men and women as a result of the shared duty of raising a family is self evident. While some may consider that this inequality is balanced by the communal nature of the family unit, modern family realities suggest that increasingly, economic disadvantage accrues to the individual.

Just as there are many homes, there are many journeys home. Each one of us will have a different journey from anyone else. The journey home is mostly ongoing and in some ways never completed. It is a process of discovery and recovery, it is a process of (re)building relationships which have been disrupted, or broken or never allowed to begin because of separation (Link-Up (NSW) submission 186).

Paid maternity leave is to be provided to women at the time of the birth of a child. The exceptions to this, where payment can be made to a woman's partner, will include: where the mother has died; where the mother is not medically able to care for the child (based on a doctor's opinion); or when the child has bee adopted. (Recommendation 2)

DR OZDOWSKI: My name is Dr Ozdowski and I am the Human Rights Commissioner and we are conducting an Inquiry into Children in Detention. To my left is Mrs Robin Sullivan who is Assistant Commissioner for the Inquiry and in her other life, she is Queensland Children's Commissioner and to my right is Professor Trang Thomas, Professor of Psychology at the Melbourne Institute of Technology and she is also Assistant Commissioner. Also to my left is Mrs Vanessa Lesnie and she is Secretary to the Inquiry.

In order to be eligible for paid maternity leave a woman must have been in paid work (including casual employment, contract work and self-employment) for 40 weeks of the past 52 weeks with any number of employers and/or in any number of positions. Access to this payment will not be means tested. (Recommendation 5).

The issue of Indigenous people and racism is among the most complex and divisive in Australia today. The source of this complexity and division is to be found in the history of race relations in Australia, which commenced with the illegitimate acquisition of sovereignty in 1788 under the auspices of the doctrine of terra nullius. Over successive generations policies and practices have aimed to eliminate Indigenous people, to 'smooth the pillow' of what was seen as a dying race, and later to assimilate Indigenous people within the white culture.

The Inquiry Team: Vanessa Lesnie, Kate Temby, Susan Newell, Samantha Edmonds, Kate Fitzgerald, Emily Gray, Frances Simmons, Alessandra Krilis, Jemma Hollonds, Avril Cox