Terms of Reference
The terms of reference for the National Inquiry into
Children in Immigration Detention were to inquire 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:
- The provisions made by Australia to implement its
international human rights obligations regarding child asylum seekers,
including unaccompanied minors.
- The mandatory detention of child asylum seekers
and other children arriving in Australia without visas, and alternatives
to their detention.
- The adequacy and effectiveness of the policies,
agreements, laws, rules and practices governing children in immigration
detention or child asylum seekers and refugees residing in the community
after a period of detention, with particular reference to:
- the conditions under which children are detained;
- health, including mental health, development
and disability;
- education;
- culture;
- guardianship issues; and
- security practices in detention.
- The impact of detention on the well-being and healthy
development of children, including their long-term development.
- The additional measures and safeguards which may
be required in detention facilities to protect the human rights and
best interests of all detained children.
- The additional measures and safeguards which may
be required to protect the human rights and best interests of child
asylum seekers and refugees residing in the community after a period
of detention.
(Note: "Child" includes any person under the age
of 18)
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