Search results

This submission draws substantially on research papers by Eileen Pittaway and Linda Bartolomei which are currently pending publication. The content of this submission may not be reproduced or quoted without the written permission of these authors.

"There have been times in our history when Australia has been generous and open hearted and times when it has been very mean. In 1938 at the Evian Conference about dealing with Jewish and other refugees from Hitler, Australia took a flint hearted position, saying that we did not want to import Europe's problems, or to increase racial differences, and that refugees should get back in the queue.

This submission will focus on the current Australian immigration detention regime as it applies to minors. The regime will be examined based on data and information made available by the Department of Immigration and Multicultural and Indigenous Affairs (“DIMIA”) and supporting documentation ranging from government publications, the Flood Inquiry and testimonies given to the Australian Human Rights and Equal Opportunity Commission “HREOC” under oath.

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 Commission provides advice and recommendations to the Australian Government on an ongoing basis. Our aim is to ensure that a human rights perspective informs a broad range of policy issues, especially in priority areas like social inclusion.

Samaritans, the welfare arm of the Anglican Diocese of Newcastle, is one of the largest regional welfare organisations in Australia. We employ more than 500 professional staff and enjoy the continuing support of over 400 volunteer workers. Managed from Newcastle, Samaritans has a regional focus on the Hunter, Central Coast and Manning regions and an annual turnover of nearly $17million. The organisation delivers more than 80 welfare and community service programs in 100 locations, providing service to more than 60,000 people annually.

Part II - THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF IMMIGRATION AND MULITCULTURAND AND INDIGENOUS AFFIARS (DIMIA) AND THE SOUTH AUSTRALIAN DEPARMENT OF HUMAN SERVICES (DHS) RELATING TO CHILD PROTECTION NOTIFICATIONS AND CHILD WELFARE ISSUES PERTAINING TO CHILDREN IN IMMIGRATION DETENTION IN SOUTH AUSTRALIA