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The United Nations Youth Association of Australia welcomes the opportunity to contribute to the Human Rights and Equal Opportunity Commission Inquiry into Children in Immigration Detention. The issue of immigration detention for children has been coming under increased scrutiny in the past eight months. As far as it affects our international standing, the standards by which we treat children and our policies regarding refugees, it is a matter of great importance, which must be rigorously discussed in the public arena.

On 27 July 2000, the Commonwealth government and the Northern Territory Government signed an agreement for the establishment of a juvenile pre-court diversion scheme in the Northern Territory (NT). This agreement arose specifically as a response to the continued criticism of the NT’s mandatory minimum imprisonment laws and their impact on juveniles and Indigenous people. By establishing the pre-court juvenile diversionary scheme, the NT has belatedly joined most other states and territories in Australia in providing such options for dealing with juvenile offenders.

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.

Dear Attorney I attach my report of an inquiry into the complaint made pursuant to section 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Toro-Martinez. I have found that the acts and practices of the Commonwealth breached Mr Toro-Martinez’s right not to be subject to arbitrary detention and his right to protection of and freedom from arbitrary interference with his family. These fundamental human rights are protected by articles 9(1), 17(1) and 23(1) of the International Covenant on Civil and Political Rights.

Between 1 September 2008 and 22 November 2011, 180 young Indonesians who said that they were children arrived in Australia, having worked as crew on boats bringing asylum seekers to Australia. These young people were often fishermen from impoverished communities in the south and east of Indonesia. Many of them have spent long periods of time in immigration detention without being charged, or prior to being charged, with an offence.

ChilOut was established in July 2001 by a group of concerned parents and citizens who felt compelled to advocate and act on behalf of children and their parents living in Australia's immigration detention centres (IDC).

"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]

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.