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The current mandatory detention policy of the Commonwealth of Australia breaches the fundamental principle of the rights of the child which is that children should be able to develop to their full potential. The policy breaches every article of the Convention on the Rights of the Child. The policy violates the right to health as established by international law.

1.1 Background to this report 1.2 Compliance with human rights obligations 1.3 Conduct of visits 1.4 Overview of immigration detention facilities 1.5 Response by Department of Immigration and Multicultural and Indigenous Affairs

The human right to health is not simply the right to health care. It is also a right to the underlying determinants of health, including food and nutrition, housing, access to safe drinking water and adequate sanitation, and a healthy environment.

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.

Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act1986 (Cth) I attach a report of my inquiry into a complaint by Ms Stacey Scheff of Justice Action on behalf of federal prisoners detained in NSW correctional centres against the State of NSW, Department of Corrective Services and the Commonwealth of Australia, Attorney-General’s Department.

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.

In November 2001, the Human Rights Commissioner announced an Inquiry into the adequacy and appropriateness of Australia's treatment of child asylum seekers and other children who are, or have been, held in immigration detention, including:

Background and Purpose Disability Statistics DDA Telecommunications Complaints Technology and Service Access Fixed Line Telephony Cellular Mobile Telephony Internet Connectivity Next Generation Networks Policy and Regulation Telecommunications Act 1997 TCPSS Act 1999 Disability Discrimination Act Consumer Representation and Consultation Major Issues for People with disabilities Disability Equipment Programs Any-to-any Text Connectivity Telecommunications Disability Standard Mobile Phones Videocommunication Payphones Overseas Developments Conclusion

3.1 Introduction 3.2 Disability Discrimination Act 1992 3.2.1 Introduction 3.2.2 DDA Definitions 3.2.3 DDA Complaints 3.2.4 Intervention in Court Proceedings 3.2.5 DDA Disability Standards 3.2.6 Granting by HREOC of Temporary Exemptions 3.2.7 Action Plans 3.2.8 Conduct of Inquiries by HREOC 3.2.9 Advisory Notes and Guidelines 3.3 Telecommunications Act 1997 3.4 Telecommunications (Consumer Protection and Service Standards) Act 1999 3.5 Industry Regulation 3.5.1 Australian Communications Authority 3.5.2 Australian Communications Industry Forum 3.5.3 Telecommunications Industry Ombudsman Scheme