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States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.

Refugees are a group at high nutrition risk. There is a strong duty of adequate nutritional care for institutionalised persons. The Dietitians Association of Australia (DAA) is the largest member organisation for nutrition professionals in Australia. It is notable that DAA has been unable to identify significant input by nutrition professionals into the planning or provision of care for asylum seekers in Australia.

DR OZDOWSKI: I would like to formally open this public hearing which is one of a series of hearings conducted around Australia. My name is Sev Ozdowski and I'm the Human Rights Commissioner. I have two colleagues sitting with me, Mrs Robin Sullivan who is Queensland Children's Commissioner, who is assisting with the Inquiry and Dr Trang Thomas who is Professor of Psychology at the Royal Melbourne Institute of Technology who is the second Assistant Commissioner. I also have Ms Vanessa Lesnie, sitting to my left and she is Secretary to the Inquiry and she will also ask some of the questions.

MR BROMWICH: Commissioner, before we start, I have been asked to place a concern on the record and I don't mean this to be in any sense a personal matter but it will have that flavour, I suppose. I've been asked to express a concern that there be no repeat of the sarcasm and personal attacks that were on occasions made yesterday. Commissioner, we are not aware that there has been the same approach taken to other witnesses before this Inquiry and indeed, I'm not aware that Counsel Assisting have been employed previously to, in effect, interrogate in part other witnesses.

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.

This submission has been produced by the Queensland Program of Assistance for Survivors of Torture and Trauma (QPASTT) and the Youth Advocacy Centre (YAC). The submission is also endorsed by a number of individuals and organisations working directly or indirectly with asylum seekers and refugees (See list on page 2). Their staff hear similar stories and reports from their clients and have come to similar or the same conclusions as those in this report.

In accordance with the general principle stated at Guideline 2 and the UNHCR [1] Guidelines on Refugee Children, minors who are asylum seekers should not be detained…

DR OZDOWSKI: This is one of a series of hearings to be conducted around Australia. My name is Dr Sev Ozdowski and I am the Human Rights Commissioner and I am assisted in the Inquiry by two colleagues of mine, Mrs Robin Sullivan who is to the left of me, the Queensland Children's Commissioner. To the right of me is Dr Trang Thomas who is a Professor of Psychology at Melbourne Institute of Technology. Also at the table is sitting Ms Vanessa Lesnie who is Secretary to the Inquiry.

1. The provisions made by Australia to implement its international human rights obligations regarding child asylum seekers, including unaccompanied minors.

Commissioners: DR SEV OZDOWSKI, Human Rights Commissioner MRS ROBIN SULLIVAN, Queensland Children's Commissioner PROFESSOR TRANG THOMAS, Professor of Psychology, Melbourne Institute of Technology MS VANESSA LESNIE, Secretary to the Inquiry

The National Program on Refugees and Displaced People operates under the Christian World Service Commission of the National Council of Churches in Australia, which has been assisting refugees to resettle in Australia since 1948.

We commend HREOC for instituting this Inquiry and thank them for giving us the opportunity to make input on an issue which is of grave concern to the Co-operative which, for 23 years has been advocating for the rights and needs of immigrant children and their families in a diverse multicultural society.

On my right is Professor Trang Thomas, Professor of Psychology at the Royal Melbourne Institute of Technology and on my left Mrs Robin Sullivan, who is also the Queensland Children's Commissioner. Before the hearing commences I would like to note the following matters. First, the issue of confidentiality and privacy. The Commission believes it is important to respect the privacy of individuals and to protect children in particular. Even where individual cases have been made public elsewhere, individual's names should not be named in this hearing.

"Like sands shifted by restless winds, refugees spill today across the globe. They constitute a Fourth World, one whose inhabitants have no representation and over which they have no control."

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.

This submission examines a child's right to a nationality and Australia's protection of that right. Of special interest is the position of children born in mandatory detention to parents who are both unlawful non-citizens. [1] The submission addresses the first term of reference for the inquiry, by exploring Australia's obligations in this area and discussing whether such obligations are implemented by legislation and the general practice in Australia.

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.