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Submission to the National Inquiry into Children in Immigration Detention from
Jon Stanhope MLA, Chief Minister ACT Legislative Assembly
Dr Sev Ozdowski OAM
Human Rights Commissioner
Human Rights and Equal Opportunity Commission
GPO BOX 5218
SYDNEY NSW 1042
Dear Dr Ozdowski
I refer to your letter of 1 March 2002 addressed to the Chief Executive of the Chief Minister's Department inviting input to the National Inquiry into Children in Immigration Detention. I note that you also wrote to the ACT Departments of Education and Community Services, Health and Community Care and Justice and Community Safety.
This letter represents a coordinated ACT Government response to the Inquiry.
There are no children in immigration detention in the ACT, but the ACT Government has an interest in this Inquiry by virtue of its concern about the welfare of children who are subsequently released into the community.
The ACT Government is committed to upholding the rights of children as set out in the United Nations' Convention on the Rights of the Child, particularly Article 3 which states that "…the best interests of the child shall be a primary consideration." All decisions affecting children must be made on the basis that their welfare is paramount.
Holders of Temporary Protection Visas (TPVs) who choose to settle in the ACT are eligible to receive the following services from the ACT Government free of charge:
- public school education, including access to the Introductory English Centres for children who have difficulty communicating in English;
- medical treatment at ACT public hospitals and medical facilities;
- concessions on a range of ACT Government services including public transport, spectacles, electricity, and dental care;
- ambulance treatment and transport;
- access to the Junior Secondary Bursary Scheme which provides financial support for dependent children in the junior high school years;
- provision of interpreting assistance as appropriate for those seeking access to ACT Government programs and services; and
- coordination of community and government settlement support activities.In addition arrangements have now been made for adult TPV holders to access English language classes at the Canberra Institute of Technology free of charge.
TPV holders are not eligible for public housing. However a small number of TPV holders have been provided with financial assistance towards bond and advance rental payments for private rental accommodation.
The Commonwealth Government's present policy of mandatory detention is detrimental to asylum seekers and limits their capacity to settle successfully in the Australian community in the event that they are granted protection visas. Companion House, a torture and trauma counselling service in the ACT, cites concerns for people released from detention centres such as mental health issues, gaps in schooling, unsettled family life, high levels of anger, particularly among adolescent males, and a lack of a sense of belonging to the community.
Alternative child-centred approaches such as electronic detention, release into the custody of an appropriate person and the Swedish model of using group homes must be considered. The ACT Government believes it is essential for children's security and emotional development that family groupings, including extended families, be maintained as far as possible both during detention and upon release into the community.
If children are to be kept in detention centres then they should be detained in such a way as to promote their health and well-being and care must be taken that they are not subjected to further trauma through witnessing or becoming involved in violent or other disturbing incidents.
Any unaccompanied children must receive appropriate care and guardianship arrangements, preferably from people of the same cultural background. In the event that unaccompanied children are to be released into the community, the practice needs to change so that adequate notice be given to the receiving jurisdiction to enable culturally appropriate care and support arrangements to be put in place before the child's arrival. Instances often occur where limited time is available to make appropriate arrangements for TPV holders on their release.
Multicultural communities in the ACT complement the services provided by refugee support groups by offering social support for TPV holders. This usually occurs for people from like cultural backgrounds. The majority of TPV holders released to Canberra are from Iraqi and Afghan backgrounds. There are very few families in these communities available for support purposes and these families would have limited capability to care for unaccompanied children.
The welfare of children in the ACT (including those who are affected by immigration detention) is also protected through legislation as indicated below:
- the principles contained in the Children and Young People Act 1999 and the Immigration (Guardianship of Children) Act 1946 underpin all Family Services work with children and families in the ACT. All areas of family contact, health, mental health, development, identity and culture and legal status would be appraised and addressed to ensure the best possible outcome for a child or young person;
- children can complain of unlawful discrimination to the ACT Discrimination Commissioner under the ACT Discrimination Act 1991 or to the Commonwealth Human Rights Commissioner under the Commonwealth Human Rights and Equal Opportunity Commission Act 1986;
- the Crimes Act 1900 prohibits physical and mental abuse of children through physical harm (Parts 2 and 4) and sexual harm (Parts 3 and 5) and the Protection Orders Act 2001 provides for protection orders in the case of actual or apprehended abuse; and
- The Community Advocate has a role, under the provisions of the Community Advocates Act 1991, to act as advocate for the rights of children, and to promote their protection from abuse and exploitation.
Please contact Ms Judith Therkelsen, Manager of the ACT Office of Multicultural Affairs, on 02 6207 6014 if you require any further information or clarification.
Thank you again for the opportunity to provide input to this Inquiry. I look forward to reading your report in due course.
Yours sincerely
Jon Stanhope MLA
Chief Minister
