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The Australian Psychological Society categorically condemns the practice of detaining child asylum seekers and their families, on the grounds that it is not commensurate with psychological best practice concerning children’s development and mental health and wellbeing. Detention of children in this fashion is also arguably a violation of the UN Convention on the Rights of the Child.

The Equal Opportunity Commission of Victoria (the Commission) commends the enquiry by the Human Rights and Equal Opportunity Commission into the circumstances of children in immigration detention and the longer-term effects of detention on children who have entered the Australian community. This submission considers the post-detention experience and treatment of children and young adults released into the community as recognised refugees, with particular reference to,

The Australian Association for Infant Mental Health (AAIMH) is the Australian Affiliate of the World Association for Infant Mental Health. It aims to improve professional and public recognition that infancy is a critical period in psychosocial development for infants and the family and to provide a focus for multidisciplinary interaction and co-operation for those who are involved and interested in working with infants and caregivers.

Respect for the human person entails respect for the rights that flow from his [sic] dignity as a creature. These rights are prior to society and must be recognised by it. They are the basis of the moral legitimacy of every authority; by flouting them, or refusing to recognise them in its positive legislation, a society undermines its own moral legitimacy … Catechism of the Catholic Church, n 1930

This submission addresses some of the issues and questions raised in the background papers prepared by the Human Rights and Equal Opportunity Commission (HREOC) and in relation to the United Nations Convention on the Rights of the Child (1989) and the Convention Relating to the Status of Refugees (1951) and its 1967 Protocol (the Refugee Convention). The conclusions drawn in this submission arise out of the experiences of staff and members of the Uniting Church in Australia. We do acknowledge that the evidence presented here is therefore anecdotal.

Centacare Newcastle is the official welfare arm of the Catholic Diocese of Maitland-Newcastle. The service was established in 1961 and is one of the longest standing welfare agencies in the Hunter. Centacare aims to provide high quality services concerned with the alleviation of conditions which lead to injustice or misery through poverty, alienation, unemployment, marital disharmony, child abuse, neglect and rejection, helplessness or other forms of suffering and distress.

The United Nations High Commissioner for Refugees (UNHCR) estimates that around half of the 50 million displaced persons in the world are children. Around 10 million of these children are under the care of UNHCR. Approximately 100,000 separated children roam Western Europe.(1) During 1999 alone, more than 20,000 separated children applied for asylum in Western Europe, North America or Australia.(2) Of those 20,000 unaccompanied children, 46 travelled to Australia to seek asylum. In the same year a further 202 children sought asylum in Australia with their families.(3)

We refer to our telephone conversation with [name removed] on 3 May 2002 from your office agreeing to an extension of time to enable our agency to lodge its submission on the adequacy and appropriateness of Australia’s treatment of child asylum seekers and other children, who are, or have been held in immigration detention.

4. The Impact of Detention on the well being of children and additional measures and safeguards required in detention facilities (Terms of Reference 4 & 5)

The Hunter Community Council was established in 1986 as a peak representative body to support and advocate on behalf of the non-government welfare sector in the Hunter region. In April of this year the Hunter Community Council held a forum attended by welfare agencies representing a wide range of services including: the youth sector, education, mental health, migrant centres and refugee resettlement services, the Catholic Social Justice Commission, and early childhood and family support services.

1. The adequacy and effectiveness of the policies, agreements, laws, rules and practices governing children in immigration detention or child asylum seekers and refugees residing in the community after a period of detention

Comments on Transcripts of the Public hearings for DIMIA and ACM by Philippa Goodwin, Deputy Secretary DIMIA Comments on Transcript of the Public Hearing held in Sydney on 2 December 2002 Comments on Transcript of the Public Hearing held in Sydney on 3 December 2002 Comments on Transcript of the Public Hearing held in Sydney on 4 December 2002 Comments on Transcript of the Public Hearing held in ...

COMMISSIONER OZDOWSKI: Welcome to everyone. I would like to formally open this public hearing, the first of a series of hearings to be conducted around Australia. My name is Sev Ozdowski and I am the Human Rights Commissioner of Australia, and I have with me two Assistant Commissioners; to my right Professor Trang Thomas who is Professor of Psychology at the Royal Melbourne Institute of Technology, and to my left Dr Robin Sullivan who is Queensland Commissioner for Children. I also have two counsel assisting.

Thank you for your letter received on 2 January 2002 in which you enclose a copy of the terms of reference of the Commission's National Inquiry into Children in Immigration Detention.

The Australian Nursing Federation is the peak industrial and professional body representing the nursing workforce. In Victoria we have in excess of 34,000 members. Further, ANF (Vic Branch) is affiliated with the Australian Council of Trade Unions and the Victorian Trades Hall Council (VTHC).

Comments are made from two perspectives; the first from Catholic chaplains who regularly visit the Villawood detention centre in Sydney's outer Western suburbs. The second perspective is that of the broader professional perspective of Centacare staff who provide care and protection to children

The National Council of Women of Australia is a voluntary organisation working for the advancement of women through a vast network of affiliated organisations & individual members.

COMMISSIONER OZDOWSKI: We would like formally to open this Public Hearing in Melbourne on 31 May. My name is Sev Ozdowski and I am the Human Rights Commissioner. I am assisted by two Assistant Commissioners - to my right is Dr Trang Thomas who is also Professor of Psychology at Royal Melbourne Institute of Technology and to my left is Mrs Robin Sullivan, who is the Queensland Children's Commissioner. Also at the table are two counsels assisting.