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This chapter considers the Commonwealth’s approach to the use of biomedical markers to assess age since wrist x-rays became a prescribed procedure for the purpose of age determination following the enactment of the Crimes Amendment (Age Determination) Bill 2001 (Cth). It also considers what each relevant Commonwealth agency knew, or should have known, about the value of specific age assessment processes for the purpose of establishing whether an individual is under the age of 18 years.

Australia is a signatory to a number of International Conventions, which are relevant to mandatory detention of children in Australia’s immigration detention centres. Under International law, each of the conventions that Australia has ratified is binding on the Australian state, which is obliged to bring its domestic laws into conformity with their stipulations. In Australia, International Conventions do not have legal force in domestic law, and cannot be directly applied by the domestic courts in Australia, unless the Australian Parliament enacts them into legislation.

The International Labour Organisation Convention 111 deals with discrimination in employment and occupation. Australian adherence to this Convention provides that all people have the right to equal treatment in employment and occupation without discrimination on the basis of:

The Australian Human Rights Commission visited the immigration detention facilities at Villawood from 21 to 25 February 2011. This statement contains a summary of the key observations and concerns arising from the Commission’s visit. It focuses on conditions as they were at that time.

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.

The issue of divorce never arises for same-sex couples, since they cannot legally marry. However, a same-sex couple, like an opposite-sex de facto couple, may need the assistance of a court to resolve property and child-related issues if their relationship breaks down.

[1] Minister for Families, Housing, Community Services and Indigenous Affairs, ‘Cape York Welfare Reform Trial to begin’ (Media Release, 1 July 2008). At http://www.jennymacklin.fahcsia.gov.au/internet/jennymacklin.nsf/content/cape_york_welfare_1jul08.htm (viewed 28 July 2008).

DR OZDOWSKI: I would like to formally open the second day of hearings in Adelaide. This is one of the hearings conducted around Australia for the National Inquiry into Children in Detention. My name is Sev Ozdowski, I'm the Human Rights Commissioner. With me is Mrs Robin Sullivan to my left, who is Queensland Children's Commissioner, and Dr Trang Thomas, on my right, is Professor of Psychology at the Royal Melbourne Institute of Technology. They are Assistant Commissioners helping me with the Inquiry.

A community guide to the National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits