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Rights and Freedoms
6 February 2015Book pageAppendix 7 – Departmental policies and procedures
7.1 Framework of Detention 7.2 ºÚÁÏÇ鱨վ’s Unit 7.3 Treatment of children 7.4 Case managers 7.5 Service providers 7.6 Education 7.7 Child protection The Department of Immigration and Border Protection has provided the Commission with various documents which set out the legal, policy, procedural and training requirements which guide the Department and service provider staff. This Appendix is… -
Rights and Freedoms
6 February 2015Book page
Appendix 9 – Acknowledgements
President Professor Gillian Triggs Commissioners Megan Mitchell, Tim Wilson Inquiry team Fabienne Baldan, Prabha Nandagopal, Sarah Dillon, Annabel Pope, Maria Katsabanis, Akhil Abraham Part-time assistance to the Inquiry Anna Nelson, Shyamika Peeligama, Ting Lim, Loki Ball, Darren Dick, Padma Raman Legal Graeme Edgerton Media Sarah Bamford Website Leon Wild, Matthew Bretag, Jaejin Fisher… -
6 February 2015Book page
Appendix 5 – Notices to Produce
5.1 First Notice to Produce to the Department of Immigration and Border Protection: 31 March 2014 5.2 Second Notice to Produce to the Department of Immigration and Border Protection: 11 July 2014 5.3 Third Notice to Produce to the Department of Immigration and Border Protection: 12 August 2014 5.4 First Notice to Produce to International Health and Medical Services: 24 July 2014 5.5 Second… -
Rights and Freedoms
6 February 2015Book page
Appendix 4 – Schedule of public hearings and witness list
Five public hearings were convened by the Inquiry with a total of 41 witnesses giving evidence. The following is a list of all witnesses who appeared before the Inquiry. Date Location Witness list 4 April 2014 SydneyºÚÁÏÇ鱨վ Ms Rim Jezan(Former child detainee) Department of Immigration and Border Protection(Mr Mark Cormack – Deputy Secretary, ImmigrationStatus… -
Rights and Freedoms
6 February 2015Book page
Appendix 2 – Detailed Inquiry methodology
2.1 Visits to detention centres 2.2 Submissions 2.3 Public hearings 2.4 Evidence provided pursuant to Notices to Produce 2.5 Interviews with children and parents released from detention 2.6 Data Management 2.7 Approach to incorporating evidence 2.8 Assessment of probative value 2.9 Selection and use of case studies 2.10 Context for analysis of the evidence 2.11 Confidentiality This Appendix … -
6 February 2015Book page
Appendix 3 – List of public submissions
A total of 239 submissions were received by the Inquiry. Of these: 105 were public submissions; 69 were public submissions with name withheld; and 65 were confidential and were not published. The following are all public submissions received by the Inquiry. These submissions have been made available on the Commission website. Submission Submission No. 11 year old detained in Nauru OPC 64 12… -
6 February 2015Book page
Appendix 1 – Review of detention policy and practices 2004–2014
1.1 Overview 1.2 Key findings and recommendations from A last resort? 1.3 Key legislative and policy changes 1.4 New Directions in Detention policy 1.5 Third country processing 1.6 Indefinite detention on Christmas Island 1.7 Rapid offshore processing after September election 2013 1.8 Other policy decisions 1.9 Implementation of policy 1.10 Numbers and length of detention of children 2004 –… -
5 February 2015Book page
9 Teenagers in detention
9.1 Needs and development of teenagers 9.2 Physical environment of detention 9.3 Emotional wellbeing and self-harm 9.4 Safety 9.5 Security measures and dignity 9.6 Relationships with parents 9.7 Relocations 9.8 Provision of medical services 9.9 Education 9.10 Recreation 9.11 Findings specific to teenagers I am a bird in a cage (14 year old girl, Christmas Island detention centre, 15 July… -
4 February 2015Book page
7 Preschoolers in detention
7.1 Forming relationships 7.2 The detention environment 7.3 Opportunities for play, learning and development 7.4 Impacts on preschoolers 7.5 Findings specific to preschoolers In preschool children we have seen regressed or disturbed behaviour such as needing to cling to parents at night and refusing to sleep in their own bed; separation anxiety; incontinence; uncharacteristic aggression; the… -
4 February 2015Book page
6 Mothers and babies in detention
6.1 Responsive and sensitive parenting 6.2 Pregnant women in Australian detention centres 6.3 Pregnancies on Nauru 6.4 Babies with no nationality 6.5 Miscarriages, deaths and terminations 6.6 Family separation 6.7 Mental health disorders in new mothers 6.8 Parent disempowerment 6.9 Motor, sensory and language development in babies 6.10 Adequate nutrition and healthcare 6.11 Protection from … -
Rights and Freedoms
4 February 2015Book page
3 Methodology
3.1 Terms of Reference 3.2 Methodology 3.3 Definitions 3.4 Timeframe for the report 3.5 Commission’s previous work concerning children in detention 3.6 Structure of the report On 3 February 2014, the President of the ºÚÁÏÇ鱨վ launched the National Inquiry into ºÚÁÏÇ鱨վ in Immigration Detention. The purpose of the Inquiry was to investigate the ways in which life in … -
Commission - General
4 February 2015Book page2 Findings and recommendations
This Inquiry report considers the impact of detention on children at different life stages and of children affected by different circumstances. The findings and recommendations are broadly designed to reflect the ages, stages and life circumstances of children in detention. Findings Findings against the Convention on the Rights of the Child Findings relevant to all children in detentionThe … -
Employers3 February 2015Quick Guide
Access to Premises
Everybody has a right to access and use public places, such as shops, restaurants, office blocks, educational institutions, sporting venues, libraries and cinemas. It is against the law for public places to be inaccessible to people with disabilities. This applies to existing places, as well as places under construction. The Disability Discrimination Act requires organisations to make… -
Commission - General
29 January 2015Book page
1 Introduction
1.1 A snapshot of children in detention 1.2 Australian law and the detention of children 1.3 Does the Government owe a duty of care to children in detention? 1.4 International law and the detention of children My hope finished now. I don’t have any hope. I feel I will die in detention. (Unaccompanied 17 year old, Phosphate Hill Detention Centre, Christmas Island, 4 March 2014) Drawing by… -
ºÚÁÏÇ鱨վs Rights
29 January 2015PublicationThe Forgotten ºÚÁÏÇ鱨վ: National Inquiry into ºÚÁÏÇ鱨վ in Immigration Detention (2014)
Foreword Australia currently holds about 800 children in mandatory closed immigration detention for indefinite periods, with no pathway to protection or settlement. This includes 186 children detained on Nauru. ºÚÁÏÇ鱨վ and their families have been held on the mainland and on Christmas Island for, on average, one year and two months. Over 167 babies have been born in detention within the… -
Legal
28 January 2015SubmissionInquiry into the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014
ºÚÁÏÇ鱨վ Submission To The Parliamentary Joint Committee On Intelligence And Security Download PDF Download Word Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Human Rights Framework 4.1 Article 17 – the Right to Privacy 4.2 Article 19 – Freedom of Expression 5 Scope of dataset to be retained 6 Two year retention period 7 Access to retained… -
Human Resources27 January 2015Book page
6 The Diversity Strategy’s Objectives
The internal objectives of the Diversity Strategy have been distilled to employment related activities under the headings Planning, Sharing, Learning, Monitoring and Creating. The Commission’s other external diversity activities relating to engagement and service delivery are well covered under our RAP, DAP and AMP commitments and cross referenced in Annexure A. Our Diversity Strategy… -
Human Resources27 January 2015Book page
7 Monitoring and Evaluation
It is important that the Diversity Strategy is monitored and evaluated. This will assist in identifying successes and strengths as well identifying any barriers and problems. The Strategy will be reviewed annually to determine if the identified activities have been delivered and were effective and progress reported. The Diversity Committee will discuss progress against the strategy’s… -
Commission - General
27 January 2015Book page
2 Introduction
2.1 What is Workplace Diversity? The term diversity refers to what makes us different. It covers gender, age, language, disability, ethnicity, cultural background, sexual orientation and religious belief. Diversity also refers to our many other differences in education, work experience, occupation, socio-economic background, marital status and whether or not we have family and carer