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1.1 A snapshot of children in detention 1.2 Australian law and the detention of children 1.3 Does the Government owe a duty of care to children in detention? 1.4 International law and the detention of children My hope finished now. I don’t have any hope. I feel I will die in detention . (Unaccompanied 17 year old, Phosphate Hill Detention Centre, Christmas Island, 4 March 2014) Drawing by primary ...

The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system:

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.

Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding ... Convention on the Rights of the Child, Preamble

I attach a report of my inquiry into complaints by Mr Huong Hai Nguyen and Mr Austin Okoye against the Commonwealth of Australia and GSL (Australia) Pty Ltd, pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth).

The deceased had been arrested for driving under the influence of alcohol and for driving while disqualified. He was placed in what the Coroner described as an enclosed cell, in which occupant vision is impossible, at around 3.00am and told he would remain there for a period of four hours.

In 2006 the Secretary of the Department of Prime Minister and Cabinet made a revealing statement about Indigenous affairs. He argued that his own government’s policy performance in the Indigenous portfolio had been a failure. He went further to say that while well intentioned, the policies and approaches of the past 30 years had contributed to poor outcomes for Indigenous people.

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.

Thanks to Chris Law, Daryle Gardiner-Bonneau, Ash Donaldson, David Hobbs, Lloyd Walker, Jane Bringolf, Luisa Ferronato, Margaret Brown, Tony Starkey, Greg Killeen, James Tobias, Jane Berliss-Vincent, James Mueller, Judith Dixon, Jason White, Robert Pedlow, Amanda Tink and Vivien Palcic.

An entrenched pattern of disadvantage and dispossession continues to wreak havoc and destruction in Indigenous families and communities. This situation has been described in the preceding chapters of this Part. State and Territory legislation, policy and practice in the areas of child welfare, care and protection, adoption and juvenile justice do not comply with the evaluation criteria established by the Inquiry (see Chapter 15).

4. Research relevant to benchmarking 5. The Commonwealth Grants Commission Report on Indigenous Funding 6. Australian Bureau of Statistics 7. Initiatives at the inter-governmental level related to benchmarking 8. The Steering Committee framework for reporting on Indigenous disadvantage 9. Governance and capacity building 10. Developments at State and Territory level

While feedback in relation to the legal system was actively sought throughout all of the consultations, a number of targeted consultation sessions with individuals and organisations specifically involved or engaged in the legal system were also undertaken. These included:

This discussion paper briefly discusses federal laws which exclude same-sex couples from accessing financial and work-related entitlements. The paper discusses the following areas of federal law:

1.1 Overview 1.2 Key findings and recommendations from A last resort? 1.3 Key legislative and policy changes 1.4 New Directions in Detention policy 1.5 Third country processing 1.6 Indefinite detention on Christmas Island 1.7 Rapid offshore processing after September election 2013 1.8 Other policy decisions 1.9 Implementation of policy 1.10 Numbers and length of detention of children 2004 – 2014 1 ...

It was established to consider whether Australia's immigration detention laws and its treatment of children in immigration detention comply with the United Nations Convention on the Rights of the Child.

Indigenous children throughout Australia remain very significantly over-represented `in care' and in contact with welfare authorities. Their over-representation increases as the intervention becomes more coercive, with the greatest over-representation being in out-of-home care. Indigenous children appear to be particularly over-represented in long-term foster care arrangements. A high percentage of Indigenous children in long-term foster care live with non-Indigenous carers.