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The Australian Government has signalled that economic development is a central focus for the Indigenous Affairs portfolio this term. The Ministerial Taskforce on Indigenous Affairs, created in May 2004 to drive and coordinate the federal Government’s Indigenous policies,1 identified as one of three key areas2 for priority action:

In my previous two Native Title Reports, I have strongly argued the need to reform the native title system. Stakeholders from all sectors engaged in the native title system have also stressed the need for the Government to take significant steps to ensure that the system meets the original objectives set out in the preamble to the Native Title Act 1993 (Cth) (Native Title Act).

This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission [1] (the Commission) following an inquiry conducted by the Commission. The inquiry related to a complaint by Amnesty International Australia (Amnesty) on behalf of Mr PH1, Mr PH2, Mr PH3, Mr PH4 and Mr PH5 (the asylum seekers) against the Commonwealth of Australia (the Commonwealth), Department of Immigration, Multicultural and Indigenous Affairs (the Department).

This chapter addresses the impact of the detention environment on the mental health of children and the measures taken to address their mental health needs. Consistent with the breadth of protection given to the welfare of children under the Convention on the Rights of the Child (CRC), the Inquiry uses the term mental health to describe the psychological well-being of children as well as diagnosed psychiatric illness.

1. The commission's jurisdiction 2. The complaint 3. The complainant's evidence and submissions 4. Respondent's response 5. Documentary material before the commission 6. Conciliation 7. Preliminary findings of Commissioner Sidoti 8. Response to Commissioner Sidoti's preliminary findings 9. My Further Preliminary Findings 10. Respondent's response to my Further Preliminary Findings 11. Section 21 Notice 12. Findings of fact 13. Findings on liability 14. Article 10 15. Article 9(1) 16. Recommendations

The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the land. This is despite the Western Australian government openly acknowledging the Noongar peoples as the Traditional Owners of the land.

The reporting period for this Report is 1 July 2008 to 30 June 2009. Throughout this period, there was significantly more activity in native title law and policy than I witnessed in the first five years of my term as the Aboriginal and Torres Strait Islander Social Justice Commissioner.

Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of an inquiry by the former President of the Commission into complaints made by immigration detainees against the Commonwealth of Australia. The former President found that the Commonwealth had breached the human rights of the complainants pursuant to articles 10(1) and 17(1) of the International Covenant on Civil and Political Rights.