Footnotes

CHAPTER 1 - Introduction

[1]        Journals of the Senate, 10 May 2012, p. 2426; Journals of the Senate, 19 June 2012, p. 2531; Journals of the Senate, 18 September 2012, p. 3010.

[2]        Department of Immigration and Citizenship, Submission to the Joint Select Committee on Australia's Immigration Detention Network, September 2011, p. 18.

[3]        Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, p. 18.

[4]        United Nations Office on Drugs and Crime, Issue Paper on the Smuggling of Migrants by Sea, 2011, p. 30, available at: http://www.unodc.org/documents/human-trafficking/Migrant-Smuggling/Issue-Papers/Issue_Paper_-_Smuggling_of_Migrants_by_Sea.pdf  (accessed 7 June 2012).

[5]        Senate Legal and Constitutional Affairs Legislation Committee, Crimes Amendment (Fairness for Minors) Bill 2011, April 2012, p. 11.

[6]        See, for example: AAP, 'More young Indonesian boat crew members sent home', The Australian,  8 June 2012, http://www.theaustralian.com.au/national-affairs/more-indonesian-child-boat-crew-members-sent-home/story-fn59niix-1226389138470 (accessed 18 June 2012); Hamish MacDonald, 'Ali Jasmin comes home', The Global Mail, 24 May 2012, http://www.theglobalmail.org/feature/ali-jasmin-comes-home/249/ (accessed 18 June 2012); Lindsay Murdoch, 'Kidnapped boys released from jail', Sydney Morning Herald, 17 June 2011, http://www.smh.com.au/national/kidnapped-boys-released-from-jail-20110617-1g6st.html (accessed 18 June 2012). 

[7]        Submission 21, p. 3.

[8]        Section 233C of the Migration Act. Offenders may also be charged with an aggravated offence of people smuggling involving exploitation, or danger of death or serious harm (section 233B of the Migration Act).

[9]        The mandatory minimum penalty for convictions against section 233C of the Migration Act is five years imprisonment, with a non-parole period of three years.

[10]      Margaret Scheikowski, 'Judges get their way on people smugglers', Sydney Morning Herald, 10 September 2012, http://news.smh.com.au/breaking-news-national/judges-get-their-way-on-people-smugglers-20120910-25o07.html (accessed 12 September 2012).

[11]      Attorney-General's Department and Australian Federal Police, Submission 21, p. 13.

[12]      Attorney-General's Department and Australian Federal Police, Submission 21, p. 13.

[13]      Commonwealth Director of Public Prosecutions, Submission 24, p. 2.

[14]      Attorney-General's Department and the Australian Federal Police, Submission 21, p. 20.

[15]      Department of Immigration and Citizenship, Submission 17, p. 2. This removal policy has been in place since December 2011.

[16]      The Attorney-General may issue a Criminal Justice Stay Certificate (CJSC), under section 147 of the Migration Act, if he or she is satisfied that a non-citizen should remain in Australia 'temporarily' for the purposes of the 'administration of criminal justice in relation to an offence against the law of the Commonwealth'. Under section 150 of the Migration Act, a non-citizen cannot be removed or deported from Australia while a CJSC is in force.

[17]      Attorney-General's Department, Australian Federal Police, and the Commonwealth Director of Public Prosecutions, Submission 20, p. 6, to the Senate Legal and Constitutional Affairs Legislation Committee's inquiry into the Crimes Amendment (Fairness for Minors) Bill 2011.

[18]      Commonwealth Director of Public Prosecutions, Submission 24, p. 1.

[19]      However, applications can be made for an additional age determination hearing at a later stage if new evidence regarding the defendant's age is brought to light.

[20]      Commonwealth Director of Public Prosecutions, Submission 24, p. 2.

[21]      Submission 24, p. 2.

[22]      Submission 21, p. 3.

[23]      Australian Human Rights Commission, Inquiry into the treatment of individuals suspected of people smuggling offences who say they are children – Discussion Paper, December 2011, p. 11.

[24]      Australian Human Rights Commission, Inquiry into the treatment of individuals suspected of people smuggling offences who say they are children – Discussion Paper, December 2011, p. 11.

[25]      Attorney-General's Department and Australian Federal Police, Submission 21, p. 5.

[26]      Attorney-General's Department and Australian Federal Police, Submission 21, pp 5 and 17. The  DIAC age assessment interviews were introduced in 2010 but, prior to December 2011, were not determinative, with cases still being referred to the AFP for final decision even if DIAC assessed the individual as likely to be a minor.

[27]      Submission 17, p. 1.

[28]      Attorney-General's Department and Australian Federal Police, Submission 21, p. 6.

[29]      Submission 17, p. 1.

[30]      Department of Immigration and Citizenship, Submission 17, p. 2.

[31]      Attorney-General's Department and Australian Federal Police, Submission 21, p. 9.

[32]      Attorney-General's Department, Australian Federal Police and the Commonwealth Director of Public Prosecutions, Submission 20, p. 12, to the Legislation Committee's inquiry into the Crimes Amendment (Fairness for Minors) Bill 2011, p. 12.

[33]      Senate Legal and Constitutional Affairs Legislation Committee, Crimes Amendment (Fairness for Minors) Bill 2011, April 2012, pp 30-31.

[34]      Senate Legal and Constitutional Affairs Legislation Committee, Migration Amendment (Removal of Mandatory Minimum Penalties) Bill 2012, April 2012, pp 22-23.

[35]      Australian Human Rights Commission, Inquiry into the treatment of individuals suspected of people smuggling offences who say they are children – Discussion Paper, December 2011, p. 3, http://www.hreoc.gov.au/ageassessment/downloads/AgeAssessment_DP20111206.pdf (accessed 31 May 2012).

[36]      Australian Human Rights Commission, 'Age assessment in people smuggling cases', http://www.hreoc.gov.au/ageassessment/index.html (accessed 31 May 2012).

[37]      Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, http://www.hreoc.gov.au/ageassessment/index.html (accessed 6 August 2012).

[38]      Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, pp 8-9.

[39]      Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, p. 10.

[40]      Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, p. 10.

[41]      Article 37(c) of the Convention of the Rights of the Child (CRC) provides, among other things, that 'every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so'. Upon ratification of the CRC, the Commonwealth made reservations to the effect that Australia accepts the obligation to separate minors from adults, only to the extent that such segregation is considered by the responsible authorities to be feasible and beneficial to the minors or adults concerned.

[42]      Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, pp 12-14.

[43]      Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, Appendix 6, pp 405-427.

[44]      The Hon Nicola Roxon MP, Attorney-General, 'Review of convicted people smuggling crew queried to be minors', Media Release, 2 May 2012, http://www.attorneygeneral.gov.au/Media-releases/Pages/2012/Second%20Quarter/2-May-2012---Review-of-convicted-people-smuggling-crew-queried-to-be-minors.aspx (accessed 29 May 2012).

[45]      The cases included 22 cases raised by the AHRC and two raised by the Indonesian Government. The four extra cases were added to the review based on information from the CDPP that age had been raised as an issue at some stage in those cases.

[46]      Attorney-General's Department and Australian Federal Police, Submission 21, p. 27.

[47]      The Hon Nicola Roxon MP, Attorney-General, 'Initial Results of people smuggling convictions review', Media Release, 17 May 2012; The Hon Nicola Roxon MP, Attorney-General, 'Further results of people smuggling convictions review', Media Release, 8 June 2012; The Hon Nicola Roxon MP, Attorney-General, 'Further results of people smuggling convictions review', Media Release, 18 June 2012.

[48]      The Hon Nicola Roxon MP, Attorney-General, 'People smuggling convictions review completed', Media Release, 29 June 2012.

[49]      The Hon Nicola Roxon MP, Attorney-General, 'People smuggling convictions review completed', Media Release, 29 June 2012.

[50]      Simon Cullen, 'SBY presses Gillard on underage people smugglers', ABC News, July 3 2012, http://www.abc.net.au/news/2012-07-03/yudhoyono-gillard-finish-talks/4107424 (accessed 10 July 2012).

[51]      Simon Cullen, 'SBY presses Gillard on underage people smugglers', ABC News, July 3 2012, http://www.abc.net.au/news/2012-07-03/yudhoyono-gillard-finish-talks/4107424 (accessed 10 July 2012).

[52]      Australian Government, Report of the Expert Panel on Asylum Seekers, August 2012, p. 9, http://expertpanelonasylumseekers.dpmc.gov.au/report (accessed 16 August 2012).

[53]      Australian Government, Report of the Expert Panel on Asylum Seekers, August 2012, p. 15.

[54]      Australian Government, Report of the Expert Panel on Asylum Seekers, August 2012, p. 43.

[55]      The Hon Julia Gillard MP, Prime Minister, Transcript of press conference, 13 August 2012, http://www.pm.gov.au/press-office/transcript-press-conference-canberra-28 (accessed 16 August 2012).

[56]      Australian Broadcasting Corporation, 'Attorney‑General reacts to cigarette ruling, asylum laws', 15 August 2012, http://www.abc.net.au/7.30/content/2012/s3568780.htm (accessed 16 August 2012).

[57]      Margaret Scheikowski, 'Judges get their way on people smugglers', Sydney Morning Herald, 10 September 2012, http://news.smh.com.au/breaking-news-national/judges-get-their-way-on- people-smugglers-20120910-25o07.html (accessed 12 September 2012).

[58]      Mark Russell, 'Accused people smuggler weeps as charges dropped', The Age, http://www.theage.com.au/victoria/accused-people-smuggler-weeps-as-charges-dropped-20120904-25bs9.html (accessed 12 September 2012).

CHAPTER 2 - Case statistics and appropriateness of detention

[1]        Submission 21, p. 6.

[2]        Submission 21, p. 6.

[3]        Response to questions on notice, received 5 September 2012, p. 1.

[4]        Submission 10, Attachment 1, p. 2.

[5]        Submission 7, p. 2.

[6]        Committee Hansard, 24 August 2012, p. 19.

[7]        Submission 12, p. 1.

[8]        Submission 14, p. 1.

[9]        Submission 27, p. 1.

[10]      Submission 16, p. 1.

[11]      Submission 16, p. 2.

[12]      Submission 21, p. 20.

[13]      Submission 21, p. 6.

[14]      Mr Tony Sheehan, Attorney-General's Department, Committee Hansard, 24 August 2012, p. 28.

[15]      Submission 24, p. 2.

[16]      Submission 24, p. 2.

[17]      Submission 24, pp 5-6. The six cases in which the court found the individual to be a minor included one case in which two age determination hearings were held: at the first hearing, the individual was held to be over 18; while at the second hearing almost 12 months later, the individual was found to be a minor and the CDPP discontinued the prosecution.

[18]      Submission 24, pp 5-6.

[19]      Article 3(1), UN Convention on the Rights of the Child.

[20]      Article 37(b), UN Convention on the Rights of the Child.

[21]      Article 37(c), UN Convention on the Rights of the Child.

[22]      Article 37(c), UN Convention on the Rights of the Child.

[23]      Article 37(d), UN Convention on the Rights of the Child.

[24]      Submission 26, p. 10.

[25]      Submission 4, p. 2.

[26]      Deputy Commissioner Andrew Colvin, Australian Federal Police, Committee Hansard, Senate Legal and Constitutional Affairs Legislation Committee, Additional Estimates 2011-12, 14 February 2012, p. 130.

[27]      Deputy Commissioner Andrew Colvin, Australian Federal Police, Committee Hansard, 24 August 2012, p. 46.

[28]      Source: data from Submission 24, pp 5-6.

[29]      Committee Hansard, 24 August 2012, p. 24.

[30]      Committee Hansard, 24 August 2012, p. 14.

[31]      Submission 20, p. 3.

[32]      As noted in chapter 1, the Attorney-General may issue a Criminal Justice Stay Certificate (CJSC), under section 147 of the Migration Act, to prevent a non-citizen from leaving Australia while they are under investigation for a criminal offence. Under section 150 of the Migration Act, a non-citizen cannot be removed or deported from Australia while a CJSC is in force. There is no statutory limitation on how long a CJSC can be in place in relation to a detainee.

[33]      Submission 10, p. 4. As well as being prohibited in relation to children in Article 37(b) of the CRC, arbitrary detention of any individual is prohibited under Article 9(1) of the ICCPR.

[34]      Submission 18, p. 2. See also Mr Philip Lynch, Human Rights Law Centre, Committee Hansard, 24 August 2012, p. 24.

[35]      Submission 11, p. 5.

[36]      Submission 10, p. 6.

[37]      See, for example: Mr Mark Plunkett, Committee Hansard, 24 August 2012, p. 6; Ms Michelle Scott, Commissioner for Children and Young People, Western Australia, Committee Hansard, 24 August 2012, p. 10.

[38]      Department of Immigration and Citizenship, Submission 17, p. 1; Attorney-General's Department and Australian Federal Police, Submission 21, p. 25.

[39]      Submission 7, p. 2. See also Human Rights Law Centre, Submission 10, Attachment 1, p. 4.

[40]      Submission 13, pp 4-5.

[41]      Submission 6, p. 1.

[42]      See, for example: Australian Lawyers Alliance, Submission 26, pp 3 and 5; Mr Ross Taylor, Indonesia Institute, Committee Hansard, 24 August 2012, p. 21.

[43]      Submission 19, p. 3.

[44]      Submission 4, p. 2.

[45]      Submission 21, p. 24.

[46]      Ms Kate Pope PSM, Department of Immigration and Citizenship, Committee Hansard, 24 August 2012, p. 46.

[47]      Submission 10, p. 7.

[48]      Ms Nicole Rich, Victoria Legal Aid, Committee Hansard, 24 August 2012, p. 14.

[49]      Submission 7, Attachment 1, pp 5 and 9.

[50]      Submission 19, p. 4.

[51]      Committee Hansard, 24 August 2012, p. 14.

[52]      Submission 22, pp 1 and 5.

[53]      Committee Hansard, 24 August 2012, p. 26.

[54]      Deputy Commissioner Andrew Colvin, Australian Federal Police, Committee Hansard, 24 August 2012, p. 48.

[55]      Response to questions on notice, received 31 August 2012, p. 1.

[56]      Response to questions on notice, received 31 August 2012, pp 1­-2.

[57]      Submission 23, p. 23.

[58]      Committee Hansard, 24 August 2012, pp 2 and 3.

[59]      Committee Hansard, 24 August 2012, p. 3.

[60]      Committee Hansard, 24 August 2012, p. 2.

[61]      Submission 22, p. 3.

[62]      Mr Tony Sheehan, Attorney-General's Department, Committee Hansard, 24 August 2012, p. 36; Deputy Commissioner Andrew Colvin, Australian Federal Police, Committee Hansard, 24 August 2012, pp 36 and 41. 

[63]      Ms Kate Pope PSM, Department of Immigration and Citizenship, Committee Hansard, 24 August 2012, p. 46.

[64]      Ms Kate Pope PSM, Department of Immigration and Citizenship, Committee Hansard, 24 August 2012, p. 46.

[65]      Department of Immigration and Citizenship, response to questions on notice, received 31 August 2012.

[66]      Attorney General's Department and Australian Federal Police, Submission 21, p. 26.

[67]      Submission 17, pp 4-5. Life Without Barriers has reportedly been recently replaced as the provider of independent observer services. The new provider is the US‑based company Maximus Solutions: See Paige Taylor, '$29m to look after solo asylum seekers', The Australian, July 12, 2012, http://www.theaustralian.com.au/national-affairs/immigration/m-to-look-after-solo-asylum-teenagers/story-fn9hm1gu-1226423858374 (accessed 13 September 2012).

[68]      Submission 26, p. 10.

[69]      Submission 26, p. 12.

[70]      Submission 5, p. 3.

[71]      Submission 16, p. 4.

[72]      Submission 19, p. 3.

[73]      See, for example: Australian Lawyers Alliance, Submission 26, p. 6; Mr Ross Taylor, Indonesia Institute, Committee Hansard, 24 August 2012, p. 21.

[74]      See, for example: Kate Lamb, 'Indonesian minors claim abuse', Sydney Morning Herald, 21 July 2012, http://www.smh.com.au/opinion/political-news/indonesian-minors-claim-abuse-20120720-22fla.html (accessed 31 August 2012).

[75]      Mr Tony Sheehan, Attorney-General's Department, Committee Hansard, 24 August 2012, p. 47.

[76]      Committee Hansard, 24 August 2012, p. 21.

[77]      Response to questions on notice, received 5 September 2012, p. 2.

[78]      Committee Hansard, 24 August 2012, p. 2.

[79]      Committee Hansard, 24 August 2012, p. 16.

CHAPTER 3 - Issues relating to age determination

[1]        Submission 21, p. 5.

[2]        Submission 21, p. 5.

[3]        For a detailed discussion, see Senate Legal and Constitutional Affairs Legislation Committee, Crimes Amendment (Fairness for Minors) Bill 2011, April 2012, pp 11-19 and 28-29.

[4]        See, for example: Mr Simon Lee, Submission 3, pp 3-4; Australian Society of Forensic Odontology, Submission 1, pp 8-9; Migration Institute of Australia, Submission 8, p. 3; Professor Sir Albert Aynsley-Green Kt and others, Submission 15, pp 7-10; Indonesia Institute, Submission 4, p. 3.

[5]        See, for example: Ms Edwina Lloyd, Committee Hansard, 24 August 2012, p. 1; Mr Simon Lee, Submission 3, p. 6; Indonesia Institute, Submission 4, p. 3; Australian Lawyers for Human Rights, Submission 20, pp 4-5; Australian Lawyers Alliance, Submission 26, p. 17.

[6]        Submission 7, Attachment 1, p. 4.

[7]        Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, p. 8.

[8]        Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, p. 12.

[9]        Submission 21, pp 16 and 20.

[10]      Mr Tony Sheehan, Attorney-General's Department, Committee Hansard, 24 August 2012, p. 27.

[11]      Committee Hansard, 24 August 2012, p. 44.

[12]      Committee Hansard, 24 August 2012, pp 44-45.

[13]      Committee Hansard, 24 August 2012, p. 45.

[14]      Attorney-General's Department and Australian Federal Police, Submission 21, p. 18; Australian Society of Forensic Odontology, Submission 1, p. 6.

[15]      Attorney-General's Department and Australian Federal Police, Submission 21, p. 17. AGD and the AFP explained that, because dental x-rays are not a prescribed procedure under the Crimes Act, consent from the recipient is required for the procedure. As such, the AFP has made 24 offers for dental x-rays on a voluntary basis since July 2011, but none of the offers have been accepted by the individuals concerned.

[16]      Submission 1, p. 9.

[17]      Submission 1, pp 3 and 5.

[18]      Submission 15, p. 19.

[19]      Submission 17, p. 3.

[20]      Senate Legal and Constitutional Affairs Legislation Committee, Committee Hansard, Budget Estimates 2012-13, 21 May 2012, p. 54.

[21]      Submission 17, p. 3.

[22]      Submission 17, p. 3.

[23]      Department of Immigration and Citizenship, Submission 17, p. 3.

[24]      Submission 15, p. 11.

[25]      Submission 7, Attachment 1, p. 4.

[26]      Senate Legal and Constitutional Affairs Legislation Committee, Committee Hansard, Budget Estimates 2012-13, 21 May 2012, pp 54-56.

[27]      Submission 21, p. 18.

[28]      Submission 21, p. 18.

[29]      Submission 24, pp 2-3.

[30]      Submission 24, p. 3.

[31]      Submission 21, pp 18-19. The AGD/AFP submission attributes these views to Professor Tim Lindsey, Director of the Asian Law Centre at the University of Melbourne.

[32]      Deputy Commissioner Andrew Colvin, Australian Federal Police, Committee Hansard, 24 August 2012, p. 28.

[33]      Submission 3, p. 4.

[34]      Submission 8, p. 2.

[35]      Submission 21, p. 19.

[36]      Submission 21, p. 19.

[37]      Deputy Commissioner Andrew Colvin, Australian Federal Police, Committee Hansard, 24 August 2012, p. 37.

[38]      Committee Hansard, 24 August 2012, pp 14-15.

[39]      Deputy Commissioner Andrew Colvin, Australian Federal Police, Committee Hansard, 24 August 2012, pp 37-38.

[40]      Submission 7, Attachment 1, p. 5.

[41]      Attorney-General's Department and Australian Federal Police, Submission 21, p. 19.

[42]      Committee Hansard, 24 August 2012, p. 7.

[43]      Ms Sarah Westwood, Victoria Legal Aid, Committee Hansard, 24 August 2012, pp 16-17.

[44]      Submission 24, p. 10.

[45]      Committee Hansard, 24 August 2012, pp 39-40.

[46]      Committee Hansard, 24 August 2012, p. 39.

[47]      Submission 24, p. 10.

[48]      Submission 18, p. 4.

[49]      Submission 3, p. 4.

[50]      Submission 22, pp 1-2.

[51]      Submission 22, p. 3.

[52]      Submission 28, pp 16-17.

[53]      Committee Hansard, 24 August 2012, p. 3.

[54]      Submission 3, p. 4.

[55]      Submission 19, p. 4.

[56]      Submission 21, p. 19.

[57]      Submission 21, p. 4.

[58]      See, for example: Victoria Legal Aid, Submission 23, p. 28; Professor Sir Albert Aynsley‑Green Kt and others, Submission 15, p. 20 (although this submission notes that further validation of multidisciplinary approaches may be required).

[59]      Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, p. 9.

[60]      Submission 21, p. 29.

[61]      Submission 21, p. 7.

[62]      Submission 21, p. 7.

[63]      Submission 21, p. 7

[64]      Submission 24, p. 9.

[65]      Submission 20, p. 2.

[66]      See, for example: Australian Lawyers for  Human Rights, Submission 20, p. 5; Attorney‑General's Department and Australian Federal Police, Submission 21, p. 14.

[67]      Submission 16, p. 4.

[68]      Submission 21, p. 14.

[69]      Committee Hansard, 24 August 2012, pp 40-41.

[70]      Submission 20, p. 5.

[71]      Submission 26, pp 4-5.

[72]      Attorney-General's Department and Australian Federal Police, Submission 21, pp 8-9.

[73]      Attorney-General's Department and Australian Federal Police, Submission 21, pp 9, 23. The agencies noted that there have been a number of cases where crew have not raised age as an issue until they are before the court, sometimes late in proceedings.

[74]      Submission 12, p. 1 and Submission 14, p. 1, respectively.

[75]      Submission 12, p. 1.

[76]      Australian Human Rights Commission, An age of uncertainty: inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, p. 10.

[77]      Submission 21, p. 5.

[78]      Mr Tony Sheehan, Attorney-General's Department, Committee Hansard, 24 August 2012, p. 31.

[79]      Committee Hansard, 24 August 2012, p. 35.

[80]      Committee Hansard, 24 August 2012, p. 32.

CHAPTER 4 - Options for assisting affected individuals

[1]        Submission 21, pp 10-11.

[2]        See chapter 1, paragraph 1.28.

[3]        Submission 21, p. 10.

[4]        Response to questions on notice, received 31 August 2012, p. 2.

[5]        Response to questions on notice, received 31 August 2012, p. 2.

[6]        Response to questions on notice, received 31 August 2012, p. 2.

[7]        Submission 20, p. 7.

[8]        Submission 11, pp 3-4, citing: Committee on the Rights of the Child, General Comment No. 5, General measures of implementation of the Convention on the Rights of the Child (Articles 4, 42 and 44(6), paragraphs 24-25, http://www.unhchr.ch/tbs/doc.nsf/(symbol)/CRC.GC.2003.5.En (accessed 5 September 2012).

[9]        Committee Hansard, 24 August 2012, p. 23.

[10]      Submission 11, p. 4. See also Australian Lawyers Alliance, Submission 26, p. 14; Australian Lawyers for Human Rights, Submission 20, pp 6-7.

[11]      Committee Hansard, 24 August 2012, p. 26.

[12]      Submission 11, p. 4.

[13]      Submission 11, p. 5.

[14]      Submission 19, p. 5.

[15]      Ms Nicole Rich, Victoria Legal Aid (representing National Legal Aid), Committee Hansard, 24 August 2012, p. 15.

[16]      Submission 20, pp 6-7.

[17]      Submission 26, p. 14.

[18]      Submission 4, p. 3.

[19]      Committee Hansard, 24 August 2012, p. 20.

[20]      Submission 21, p. 10.

[21]      Kesha West, 'Asylum boat boys sue Australia', Australia Network Newsline, 12 September 2012, http://www.abc.net.au/news/2012-09-11/an-australian-government-to-face-civil-compensation-suit/4255490 (accessed 13 September 2012).

[22]      Committee Hansard, 24 August 2012, p. 1.

[23]      Committee Hansard, 24 August 2012, p. 4.

[24]      Submission 20, p. 6.

[25]      Committee Hansard, 24 August 2012, p. 26.

CHAPTER 5 - Committee view and recommendations

[1]        Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, p. 12.

[2]        Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, pp 8 and 10.

[3]        Submission 21, p. 16; Mr Tony Sheehan, Attorney-General's Department, Committee Hansard, 24 August 2012, p. 27.

[4]        Senate Legal and Constitutional Affairs Legislation Committee, Crimes Amendment (Fairness for Minors) Bill 2011, April 2012, p. 30 (Recommendation 2).

[5]        Senate Legal and Constitutional Affairs Legislation Committee, Migration Amendment (Removal of mandatory Minimum Penalties) Bill 2012, pp 22-23.

Chair's further findings and recommendations

[1]        Senate Legal and Constitutional Affairs Legislation Committee, Crimes Amendment (Fairness for Minors) Bill 2011, April 2012, pp 12-13 and 39-40; Professor Sir Albert Aynsley-Green Kt and others, Submission 15, pp 15-17.

[2]        See discussion in chapter 2 of the majority report at paragraphs 2.52–2.55.

[3]        Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, p. 12.

[4]        Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, pp 13-14.

[5]        Australian Human Rights Commission, An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012, p. 14 (Recommendation 15).

[6]        Sections 34F-34G of the Australian Security Intelligence Organisation Act 1979.

[7]        Submission 13, pp 3-4.

[8]        Submission 21, p. 10.

[9]        Submission 11, p. 4.

[10]      Mr Ross Taylor, Indonesia Institute, Committee Hansard, 24 August 2012, p. 21.