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The Australian National Committee of the United Nation's Children's Fund, ('UNICEF Australia'), welcomes the opportunity to present a written submission to the Human Rights and Equal Opportunity Commission, ('HREOC'), in regard to their national inquiry into children in immigration detention, ('the Inquiry').

This is an information paper only. It is intended to provide general guidance. It is not a legally binding document and is not a substitute for independent legal advice. It is limited to the role and function of the Human Rights and Equal Opportunity Commission as contained in the legislation establishing the Commission.

In 2007-08, the number of new migrants who settled permanently in Australia was 205 940.[78] The Department of Immigration and Citizenship (DIAC) and the Australian Bureau of Statistics (ABS) defines ‘settled permanently’ as:

Federal human rights and anti-discrimination law provides for the Commission to investigate and resolve complaints of alleged discrimination and breaches of human rights. The Commission’s complaint work is central to its role in protecting and promoting human rights and complements the Commission’s policy and education functions. The Commission’s complaint process provides an effective, efficient and accessible means by which individuals and groups can voice and resolve disputes about discrimination and human rights.

In the Social Justice Report 1999, my first report as Social Justice Commissioner, I identified four key themes and challenges that existed in the approach of the federal government to Indigenous policy making at the time. These were moving beyond welfare dependency, accountability, participation and reconciliation.[1] Since the release of that report approximately four years ago, the key themes and challenges facing the government have remained relatively constant.

The first twelve months of the federal government's new arrangements for the administration of Indigenous affairs has ended. The primary focus of this period has been on abolishing the Aboriginal and Torres Strait Islander Commission (ATSIC) and creating new processes to engage with local Indigenous communities and coordinate mainstream delivery of services to Aboriginal and Torres Strait Islander peoples. Twelve months on, the new arrangements remain in a transitional phase. It will be a number of years before they are fully locked into place.

The National Inquiry into Children in Immigration Detention refers to 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:

Questions to consider: Using scenarios based on true stories of racial and religious discrimination and abuse under the themes of human rights, negative stereotyping and misconceptions, the hypothetical will ask the panellists ‘How would you respond’? This addresses the sets of standards policy and decision makers use to respond to incidents of discrimination and abuse.

1.1 That the Australian Government immediately appoint an independent person to conduct a comprehensive review of the whole native title system and report back to the Attorney-General by 30 June 2010. This review is to:

4.1 Introduction 4.2 The key issues 4.3 Workplace relations framework 4.4 Recognising the relationship between paid work and caring work 4.5 Certainty and flexibility in the workplace 4.6 Structural change to support gender and carer equality 4.7 The need for expanded legal rights 4.8 Workplace culture and use of family-friendly policies 4.9 A life cycle approach to work and a universal approach to family-friendly flexibility 4.10 Community concern about WorkChoices and its impact on paid work and family/carer responsibilities 4.11 Conclusion

On 21 June 2007, the Australian Government announced a ‘national emergency response to protect Aboriginal children in the Northern Territory’ from sexual abuse and family violence.[1] This has become known as the ‘NT intervention’ or the ‘Emergency Response’. The catalyst for the measures was the release of Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, titled Ampe Akelyernemane Meke Mekarle: ‘Little Children are Sacred’.

This appendix provides an overview of the main events leading up to the introduction of the new arrangements for the administration of Indigenous affairs on 1 July 2004, as well as the key events which have occurred since that time to implement the new arrangements.