Frequently Asked Questions
(FAQs)
If you have
any queries about the National Inquiry into Children in Immigration
Detention, please contact the Inquiry team by emailing childrendetention@humanrights.gov.au.
Q: What is the Inquiry
into children in detention?
A:
In November 2001, the Human Rights Commissioner, Dr
Sev Ozdowski, announced the Human Rights and Equal Opportunity Commission's
National Inquiry into Children in Immigration Detention. The Inquiry
considered the adequacy and appropriateness of Australia's treatment
of child asylum seekers and other children who are, or have been, held
in immigration detention. The Inquiry was conducted during 2002 and
considered submissions (both public and confidential) and visited detention
facilities. Public hearings were conducted in the relevant States.
Dr Ozdowski will report on the Inquiry to Federal Parliament by the
end of 2003, at which time the report will be made public.
Q: Who is a child?
A:
A child is any person under the age of 18.
Q: Who is conducting the
Inquiry?
A:
The Inquiry is being conducted on behalf of the Commission by Dr
Sev Ozdowski, the Human Rights Commissioner. Dr Ozdowski will be
assisted by two Expert Assistant Commissioners, Dr
Robin Sullivan - Commissioner for Children and Young People, Queensland and Professor Trang Thomas, Professor
of Psychology at the Royal Melbourne Institute of Technology and by
an Inquiry Team in the Commission.
Q: How long will the Inquiry
take?
A:
The Inquiry was conducted throughout 2002. Dr. Ozdowski hopes to finalise
the draft report on the Inquiry in mid 2003 for tabling in Federal Parliament
by the end 2003, at which time the report will be made public.
Q: What is the closing
date for submissions?
A:
The closing date for submissions was 3 May 2002 (after receiving
a number of requests for extensions beyond the original date for submissions
of 15 March 2002, the Commission decided to extend the deadline).
Q: Can I make a submission
about children who are no longer in detention?
A:
Yes. The Inquiry's Terms of Reference include children currently in
immigration detention, as well as children who were in immigration detention
in the past, for example children or young people now on temporary protection
visas.
Q: Does the Commission
have power to compel the attendance of witnesses?
A.
Yes. Where the Commission has reason to believe that a person is capable
of giving information relevant to an act or practice that is inconsistent
with human rights, that person can be required to attend and answer
questions. A person required to attend can be questioned under oath
or affirmation.
Q: Does the Commission
have the power to require the production of documents or information?
A.
Yes. Where the Commission believes that a person is capable of giving
information or providing documents relevant to an examination of the
Migration Act 1958 or other legislation, or an act or practice that
is inconsistent with human rights, that person can be required to give
such information to the Commission in writing or to produce those documents.
The Commission must serve a written notice on a person required to provide
such information or documents. It is an offence to refuse or fail to
give information or produce a document without reasonable excuse.
There
is a limited exemption to this power, in circumstances where the Attorney-General
provides the Commission with a certificate certifying that the giving
of information or a document to the Commission would be contrary to
the public interest by reason of certain designated considerations (such
as prejudice to national security).
Q: Will the Inquiry deal
with specific complaints of breaches of human rights?
A.
The Inquiry is designed to be a general, public inquiry, examining the
practice of detention of children because of their immigration status.
While individual stories will be an important part of the Inquiry process,
the Inquiry is not specifically designed to inquire into individual
complaints of breaches of human rights or to provide individual remedies.
Individuals who wish to make a separate complaint regarding a breach
of their human rights can contact the Complaints Handling Unit of the
Commission at the Complaints Infoline on 1300 656 419 or at complaintsinfo@humanrights.gov.au.
Q: Can I volunteer to
work on the Inquiry?
A:
Unfortunately the Commission is not in a position to accept volunteers
to work on the Inquiry. However, you may decide that there is a particular
area of the Inquiry where not enough attention has been directed (for
example one aspect of children's health, or perhaps an aspect of religious
rights or the right to play). You may decide you would like to undertake
research into this area and make a submission to the Inquiry. Alternatively,
you may wish to volunteer with one of a number of community and specialist
groups who plan to make submissions to the Inquiry. For further assistance
on this, please contact the Inquiry team by emailing childrendetention@humanrights.gov.au
