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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.

The first twelve months of the federal government's new arrangements for the administration of Indigenous affairs has ended. The primary focus of this period has been on abolishing the Aboriginal and Torres Strait Islander Commission (ATSIC) and creating new processes to engage with local Indigenous communities and coordinate mainstream delivery of services to Aboriginal and Torres Strait Islander peoples. Twelve months on, the new arrangements remain in a transitional phase. It will be a number of years before they are fully locked into place.

The Australia of 2009 is a proud multicultural nation. It is a nation, culturally, socially and economically formed by the unique combination of its First Nation peoples, its early settlers, and by the many waves of subsequent migration. As such, negotiating diversity and respecting people of all faiths, races, cultures and identities has evolved into an important characteristic of being a member of Australian society.

The most distressing aspect about the level of juvenile justice intrusion in the lives of young Aboriginal and Torres Strait Islander people is the fact that entry into the system is usually the start of a long career of incarceration for many (SNAICC submission 309 page 28).

This timeline focuses on one particular aspect of the history of Aboriginal and Torres Strait Islander peoples - the forcible removal of Indigenous children from their families. This material identifies some significant laws and practices that made removal lawful and includes writing and artwork from members of the Stolen Generations and their families which illustrate their experiences of these policies. This section uses as its primary resource Bringing them home, the report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families.

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.

In recent years a mutual obligation approach has been adopted to reform public policy on welfare and employment issues. There has been much discussion about the applicability of this approach within an Indigenous policy context. It is seen by many as consistent with Indigenous cultural values such as reciprocity and an emphasis on community, as well as suggesting an antidote to the damage caused by intergenerational poverty, of which long-term welfare dependency and a crippling short-term local cash economy are often features.

7.1 Introduction 7.2 What children want and need 7.3 Early childhood education and care services and children's wellbeing 7.4 Government provision of early childhood education and care services 7.5 How do we make child care services more family-friendly? 7.6 Making early childhood education and care services more accessible for parents and children with disability 7.7 Integration of child care and early childhood education 7.8 Paid work and family consequences of the cost and availability of child care 7.9 Conclusion

Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals). Australian law makes no distinction between the detention of adults and children.

It is simple to remove discrimination against same-sex couples in laws conferring financial and work-related benefits: amend the definitions describing a couple to include same-sex and opposite-sex couples alike.

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.