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Submission to the National Inquiry into Children in Immigration Detention from
the Law Council of Australia
22 May 2002
Dr Sev Ozdowski
Human Rights Commissioner
Human Rights and Equal Opportunity Commission
GPO Box 5218
SYDNEY NSW 1042
Dear Dr Ozdowski
National Inquiry into Children in Immigration Detention
I refer to your invitation in December 2001 to make a submission in this Inquiry. I regret that the Law Council has not been able, with its current workload, to prepare a dedicated submission to you in respect of your current inquiry. It would be remiss of the Law Council, however, not to make its general views known to you.
The Law Institute of Victoria has provided the Law Council with a copy of the Institute President's letter to you dated 8 May 2002. The Law Institute's views and the Law Council's views on children in immigration detention are consistent.
In March 2002, the Law Council unanimously resolved to call on the Federal Government to abolish the current policy of mandatory detention of all asylum seekers who arrive in this country without a valid visa and to replace that policy with a policy of a limited form of reviewable detention.
I am enclosing a copy of the full text of the resolution together with the Schedule referred to in paragraph 4. The Law Council is particularly concerned about the possible breaches of the Convention on the Rights of the Child in respect of children in immigration detention.
Whilst the Law Council is not in a position to provide you with a more detailed consideration of the Council position of the detention of children, the Law Institute of Victoria has endorsed the Legal Section of the submission by the KIDS (Kids in Detention Story). The Law Council is of the view that the KIDS's submission clearly sets out the possible legal issues relating to children in detention.
I trust you are able to take our general comments into account. If you need further amplification of the Law Council's position, please do not hesitate to contact me.
Yours sincerely
Christine S Harvey
Deputy Secretary-General
