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DR OZDOWSKI: Good morning everybody. I would like to formally open this public hearing which is the last, hopefully, of the series held around Australia. My name is Sev Ozdowski and I'm the Human Rights Commissioner and to my right I've got Professor Trang Thomas, who is Professor of Psychology at the Royal Melbourne Institute of Technology. Today the Commission will be assisted by counsel Michael Wigney and Mr Jonathon Hunyor of the Commission and I would like to ask for the benefit of the audience that the counsel for DIMIA and ACM would introduce themselves.

The recognition and protection of native title and the participation of Indigenous people in decisions affecting their land are critical priorities within a human rights framework.

It has now been over two years since the federal government introduced new arrangements for the administration of Indigenous affairs. One of the catchcries of the new arrangements is that they are aimed at ‘harnessing the mainstream.’ This is to be achieved by removing or reducing the barriers that prevent Indigenous peoples from accessing existing mainstream services on an equitable basis.

To develop a nationwide picture of existing government initiatives that address family violence, the Social Justice Commissioner sent correspondence to all State, Territory and relevant Australian government departments[1] requesting information on their policies and programs during the period 2006-2007.

Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint against the Commonwealth of Australia. I have found that the respondent failed to provide the complainant with a safe place of detention whilst she was detained at the Curtin Immigration Reception and Processing Centre and that such failure constituted a breach of her human rights pursuant to article 10(1) of the International Covenant on Civil and Political Rights.

The Complaint Handling Section had a productive year investigating and conciliating complaints of alleged discrimination and human rights breaches; providing information to the public about federal anti-discrimination and human rights law through its Complaint Information Service and community education and liaison program; and providing complaint investigation and resolution skills training to state equal opportunity, anti-discrimination authorities, other Australian Public Service agencies and private companies.

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

Most children come to Australia with their parents, but some come alone, either sent by their family for their protection or because they have lost their family in a crisis.

[1] The full text of the Bilateral Agreement is available online at: http://www.dia.wa.gov.au/Publications/Files/Bilateral_Agreement.pdf, accessed 24 January 2008. [2] Andrews, K., (Minister for Employment and Workplace Relations), CDEP 2006-07 To Build On Success, Media Release, 1 July 2006. [3] Bishop, J., (Minister for Education, Science and Training), Early childhood focus for Indigenous education, Media Release, 7 July 2006, available online at: http://www.dest.gov.au/Ministers/Media/Bishop/2006/07/B001070706.asp, accessed 24 January 2008.

4.1 Nationalities of the children in detention 4.2 Reasons for seeking asylum 4.3 Age of children in detention 4.4 Unaccompanied children 4.5 When did the children arrive in Australia? 4.6 How long are children kept in detention? 4.7 Movement of children across the detention network 4.8 Mental health and wellbeing of children in detention 4.9 Detention is a dangerous place 4.10 Rates of self-harm ...

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

The Complaint Handling Section (CHS) is responsible for investigating and conciliating complaints lodged under federal anti-discrimination and human rights law. Accordingly, the CHS plays a key role in fulfilling the Commission’s objective of delivering an Australian society in which human rights are protected.