Footnotes
CHAPTER 1 - Introduction and Background
[1]
Journals of the Senate, No. 48–28
August 2014, p. 1341.
[2]
Journals of the Senate, No. 44–16
July 2014, p. 1212.
[3]
Guardian for Unaccompanied Children Bill 2014, Part 3 Division 1 and
Part 4.
[4]
Guardian for Unaccompanied Children Bill 2014, cl. 18.
[5]
Guardian for Unaccompanied Children Bill 2014, Sch. 1.
[6]
Senate Hansard, 16 July 2014, p. 68.
[7]
Senate Hansard, 16 July 2014, p. 69.
[8]
Human Rights and Equal Opportunity Commission, A Last Resort?
National Inquiry into Children in Immigration Detention, April 2004, p. 12,
at https://www.humanrights.gov.au/sites/default/files/document/publication/alr_complete.pdf
(accessed 7 January 2015).
[9] Human
Rights and Equal Opportunity Commission, A Last Resort? National Inquiry
into Children in Immigration Detention, April 2004, p. 7, at https://www.humanrights.gov.au/sites/default/files/document/publication/alr_complete.pdf
(accessed 7 January 2015).
[10]
Australian Human Rights Commission, National Inquiry into Children in
Detention 2014: Discussion Paper, at https://www.humanrights.gov.au/publications/national-inquiry-children-immigration-detention-2014-discussion-paper
(accessed 7 January 2015); see also https://www.humanrights.gov.au/national-inquiry-children-immigration-detention-index
(accessed 7 January 2015).
[11]
Journals of the Senate, No. 30–12
May 2011, p. 918.
[12]
Senate Legal and Constitutional Affairs Legislation Committee, Commonwealth
Commissioner for Children and Young People Bill 2010: Report, May 2011, p.
55, at https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed_inquiries/2010-13/commissionerforchildrenandyoungpeople/report/index
(accessed 7 January 2015).
[13]
Senate Legal and Constitutional Affairs Legislation Committee, Commonwealth
Commissioner for Children and Young People Bill 2010: Report, May 2011, pp
55 and 66, at https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed_inquiries/2010-13/commissionerforchildrenandyoungpeople/report/index
(accessed 7 January 2015).
[14]
Senate Legal and Constitutional Affairs Legislation Committee, Australian
Human Rights Commission Amendment (National Children's Commissioner) Bill 2012
[Provisions], June 2012, p. 14, at https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed%20inquiries/2010-13/nationalchildrenscommissioner/report/index
(accessed 7 January 2015).
[15]
Journals of the Senate, No. 90–10
May 2012, p. 2445.
[16]
Joint Select Committee on Australia's Immigration Detention Network, Final
Report, March 2012, p. 126, at https://www.aph.gov.au/~/media/wopapub/senate/committee/immigration_detention_ctte/report/report_pdf.ashx
(accessed 7 January 2015).
[17]
Joint Select Committee on Australia's Immigration Detention Network,
Parliament of Australia, Final Report, March 2012, p. 126
(Recommendation 19), at https://www.aph.gov.au/~/media/wopapub/senate/committee/immigration_detention_ctte/report/report_pdf.ashx
(accessed 7 January 2015).
[18]
Immigration (Guardianship of Children) Act 1946 (Cth), s. 4AAA.
[19]
Immigration (Guardianship of Children) Act 1946 (Cth), s. 6.
[20]
Immigration (Guardianship of Children) Act 1946 (Cth), s. 5.
[21]
Immigration (Guardianship of Children) Act 1946 (Cth), s. 7.
[22]
Department of Immigration and Border Protection, 'How does the minister’s
guardianship work?' at http://www.immi.gov.au/faqs/Pages/how-does-the-ministers-guardianship-work.aspx
(accessed 7 January 2015).
[23]
Department of Immigration and Border Protection, 'How do we care for
unaccompanied minors until their immigration status is resolved?', at http://www.immi.gov.au/FAQs/Pages/how-do-we-care-for-unaccompanied-minors-until-their-immigration-status-is-resolved.aspx
(accessed 7 January 2015).
[24] Department
of Immigration and Border Protection, ' What is the Unaccompanied Humanitarian
Minors Program?' at http://www.immi.gov.au/FAQs/Pages/what-is-the-unaccompanied-humanitarian-minors-program.aspx
(accessed 7 January 2015).
[25]
Department of Immigration and Border Protection, Submission 45 to the
Australian Human Rights Commission's National Inquiry into Children in
Detention 2014, pp 60–61,
at https://www.humanrights.gov.au/sites/default/files/Submission%20No%2045%20-%20Department%20of%20Immigration%20and%20Border%20Protection.pdf
(accessed 7 January 2015).
[26]
Department of Immigration and Border Protection, Submission 45 to the
Australian Human Rights Commission's National Inquiry into Children in
Detention 2014, p. 61, at https://www.humanrights.gov.au/sites/default/files/Submission%20No%2045%20-%20Department%20of%20Immigration%20and%20Border%20Protection.pdf
(accessed 7 January 2015).
[27]
Department of Immigration and Border Protection, Submission 45 to the
Australian Human Rights Commission's National Inquiry into Children in
Detention 2014, p. 61, at https://www.humanrights.gov.au/sites/default/files/Submission%20No%2045%20-%20Department%20of%20Immigration%20and%20Border%20Protection.pdf
(accessed 7 January 2015).
[28]
United Nations General Assembly, Convention on the Rights of the Child,
20 November 1989, United Nations, Treaty Series, vol. 1577, p. 3, Art. 3, at http://www.refworld.org/docid/3ae6b38f0.html
(accessed 7 January 2015).
[29]
United Nations General Assembly, Convention on the Rights of the Child,
20 November 1989, United Nations, Treaty Series, vol. 1577, p. 22, Art. 18, at http://www.refworld.org/docid/3ae6b38f0.html
(accessed 7 January 2015).
[30]
United Nations General Assembly, Convention on the Rights of the Child,
20 November 1989, United Nations, Treaty Series, vol. 1577, p. 22, Art. 22, at http://www.refworld.org/docid/3ae6b38f0.html
(accessed 7 January 2015).
[31]
Attorney-General's Department, 'Human rights treaty body reporting' at http://www.ag.gov.au/RightsAndProtections/HumanRights/TreatyBodyReporting/Pages/default.aspx
(accessed 7 January 2015). In 2008, the Australian Government, through the
Attorney-General's Department (AGD), submitted its fourth report under the CRC
to the UN Committee: Australian Government, 'Consideration of reports submitted
by States parties under article 44 of the Convention: Fourth periodic report of
States parties due in 2007', CRC/C/AUS/4, at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fAUS%2f4&Lang=en
(accessed 7 January 2015).
[32] United
Nations Committee on the Rights of the Child, Sixtieth session 29 May–15 June
2012, 'Consideration of reports submitted by States parties under article 44 of
the Convention: Concluding observations: Australia', CRC/C/AUS/CO/4, 28
August 2012, p. 8, at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC/C/AUS/CO/4&Lang=En
(accessed 7 January 2015).
[33]
Attorney-General's Department, 'Human rights treaty body reporting' at http://www.ag.gov.au/RightsAndProtections/HumanRights/TreatyBodyReporting/Pages/default.aspx
(accessed 7 January 2015).
[34]
Journals of the Senate, No. 47–27
August 2014, p. 1318.
[35] Parliamentary
Joint Committee on Human Rights, 'Examination of legislation in accordance with
the Human Rights (Parliamentary Scrutiny) Act 2011: Bills introduced
7–17 July 2014 Legislative Instruments received 21 June–25 July 2014', Tenth
Report of the 44th Parliament, p. 34, at https://www.aph.gov.au/~/media/Committees/Joint/PJCHR/10th/Tenth%20Report%20of%20the%2044th%20Parliament.pdf
(accessed 7 January 2015).
CHAPTER 2 - Key issues
[1]
Catholic Social Services Australia, Submission 1, p. 3; Western
Australian Branch of the International Commission of Jurists, Submission 2,
pp 3–4; Commissioner
for Children and Young People (Western Australia), Submission 3, p. 1; Castan
Centre for Human Rights Law, Submission 4, p. 3; UNSW Human Rights
Clinic and the Andrew & Renata Kaldor Centre for International Refugee Law,
Submission 5, p. 1; Refugee Advice & Casework Service (Aust) Inc, Submission
6, p. 1; UnitingJustice Australia, Submission 7, p. 4; Asylum Seeker
Resource Centre, Submission 8, p. 4; Australian Churches
Refugee Taskforce, Submission 9, p. 2; Australian Human Rights Commission,
Submission 10, p. 3; ANU College of Law Migration Law Program, Submission
11, p. 2; Australian Catholic Migrant and Refugee Office, Submission 12,
p. 4; Australian Lawyers for Human Rights, Submission 13, p. 5; Law
Council of Australia, Submission 14, p. 2.
[2]
Western Australian Branch of the International Commission of Jurists, Submission
2, p. 4; Monash University Castan Centre for Human Rights Law, Submission
4, p. 3; UnitingJustice Australia, Submission 7, p. 4; Asylum
Seeker Resource Centre, Submission 8, p. 2; Australian
Churches Refugee Taskforce, Submission 9, p. 2; Australian Human Rights
Commission, Submission 10, p. 1; Australian Catholic Migrant and Refugee
Office, Submission 12, p. 4.
[3]
UNSW Human Rights Clinic and the Andrew & Renata Kaldor Centre for
International Refugee Law, Submission 5, p. 1; ANU College of Law
Migration Law Program, Submission 11, p. 2; Australian Lawyers for Human
Rights, Submission 13, p. 6; Law Council of Australia, Submission 14,
p. 10.
[4]
Catholic Social Services Australia, Submission 1, p. 2.
[5] Castan
Centre for Human Rights Law, Submission 4, p. 2. See also Asylum
Seeker Resource Centre, Submission 8, pp 2 and 5; Australian
Churches Refugee Taskforce, Submission 9 Attachment 1, 'Protecting the
Lonely Children', p. 14.
[6]
UNSW Human Rights Clinic and the Andrew & Renata Kaldor Centre for
International Refugee Law, Submission 5, p. 1.
[7]
Law Council of Australia, Submission 14, p. 4.
[8]
Castan Centre for Human Rights Law, Submission 4, p. 2.
[9]
Catholic Social Services Australia, Submission 1, p. 1; Western
Australian Branch of the International Commission of Jurists, Submission 2,
p. 4; Commissioner for Children and Young People (Western Australia), Submission
3, p. 2; Castan Centre for Human Rights Law, Submission 4, p. 2; UNSW
Human Rights Clinic and the Andrew & Renata Kaldor Centre for International
Refugee Law, Submission 5, p. 1; Refugee Advice & Casework Service
(Aust) Inc, Submission 6, p. 2; UnitingJustice Australia, Submission
7, p. 3; Asylum Seeker Resource Centre, Submission 8, p.
2; Australian Churches Refugee Taskforce, Submission 9, pp 1–2; Australian Human
Rights Commission, Submission 10, pp 2–3;
ANU College of Law Migration Law Program, Submission 11, pp 7–11; Australian Catholic
Migrant and Refugee Office, Submission 12, p. 3; Australian Lawyers for
Human Rights, Submission 13, pp 3–4;
Law Council of Australia, Submission 14, p. 2.
[10]
Catholic Social Services Australia, Submission 1, p. 1; UNSW Human
Rights Clinic and the Andrew & Renata Kaldor Centre for International
Refugee Law, Submission 5 Attachment, pp 14–15; Asylum Seeker Resource Centre, Submission 8,
p. 2; Australian Churches Refugee Taskforce, Submission 9, pp 1–2; ANU College of Law
Migration Law Program, Submission 11, p. 9; Australian Catholic Migrant
and Refugee Office, Submission 12, pp 1, 3; Australian Lawyers for Human
Rights, Submission 13, pp 3–4;
Law Council of Australia, Submission 14, p. 9.
[11]
Refugee Advice & Casework Service (Aust) Inc, Submission 6, p.
2. See also Australian Churches Refugee Taskforce, Submission 9 Attachment 1,
'Protecting the Lonely Children', p. 20.
[12]
Australian Lawyers for Human Rights, Submission 13, pp 8–9.
[13]
See UNSW Human Rights Clinic and the Andrew & Renata Kaldor Centre for
International Refugee Law, Submission 5 Attachment, p. 4.
[14]
Department of Immigration and Border Protection, Submission 45 to the
Australian Human Rights Commission's National Inquiry into Children in
Immigration Detention 2014, p. 59 at https://www.humanrights.gov.au/sites/default/files/Submission%20No%2045%20-%20Department%20of%20Immigration%20and%20Border%20Protection.pdf
(accessed 13 January 2015).
[15]
Law Council of Australia, Submission 14, p. 9.
[16]
UNSW Human Rights Clinic and the Andrew & Renata Kaldor Centre for
International Refugee Law, Submission 5, pp 1–2. See also Australian Lawyers for Human
Rights, Submission 13, pp 9–10.
[17]
UNSW Human Rights Clinic and the Andrew & Renata Kaldor Centre for
International Refugee Law, Submission 5, p. 2. See also Australian
Lawyers for Human Rights, Submission 13, p. 9.
[18]
UNSW Human Rights Clinic and the Andrew & Renata Kaldor Centre for
International Refugee Law, Submission 5 Attachment, pp 15–16.
[19]
ANU College of Law Migration Law Program, Submission 11, p. 15.
[20]
ANU College of Law Migration Law Program, Submission 11, p. 4.
[21]
See UnitingJustice Australia, Submission 7, p. 2; Australian
Lawyers for Human Rights, Submission 13, p. 5.
[22]
Australian Lawyers for Human Rights, Submission 13, p. 5.
[23]
UNSW Human Rights Clinic and the Andrew & Renata Kaldor Centre for
International Refugee Law, Submission 5, pp 1–2; ANU College of Law Migration Law Program,
Submission 11, pp 14–15;
Australian Lawyers for Human Rights, Submission 13, p. 8.
[24]
UNSW Human Rights Clinic and the Andrew & Renata
Kaldor Centre for International Refugee Law, Submission 5, pp 1–2. See also ANU College
of Law Migration Law Program, Submission 11, p. 15.
[25]
UNSW Human Rights Clinic and the Andrew & Renata Kaldor Centre for
International Refugee Law, Submission 5 Attachment, p. 10.
[26]
UNSW Human Rights Clinic and the Andrew & Renata Kaldor Centre for
International Refugee Law, Submission 5, p. 2; Australian Lawyers for
Human Rights, Submission 13, p. 9.
Australian Greens Dissenting Report
[1]
Australian Human Rights Commission, Submission 10, pp 2–3.
[2]
Refugee Advice and Casework Service, Submission 6, p. 2.