❓ WA Government responds to questions regarding the detention of children in immigration detention centres, clarifying its role in welfare assessments and potential alternative detention arrangements, while disputing its power to release children.
AnsweredQoN 978Legislative Council
QuestionView source ↗
The Federal Minister for Immigration, Phillip Ruddock, said earlier this week (Tuesday, June 24 2003) that State Government’s have the power to remove children from detention centres. On receipt of this advice, the South Australian Government is moving to exercise this power -
(1) Does the Western Australia Government support the Federal Government’s policy on the detention of children in immigration detention centres?
(2) If not to (1), as the Minister for Immigration has confirmed that Western Australia Government agencies have the power to release children from detention centres, does the Western Australia Government intend to exercise this power?
(3) Have any State welfare agencies have been approached regarding concerns about the welfare of children in Detention Centre?
(4) If yes to (3), please provide details about which agencies and the action that has subsequently been taken?
(1) Does the Western Australia Government support the Federal Government’s policy on the detention of children in immigration detention centres?
(2) If not to (1), as the Minister for Immigration has confirmed that Western Australia Government agencies have the power to release children from detention centres, does the Western Australia Government intend to exercise this power?
(3) Have any State welfare agencies have been approached regarding concerns about the welfare of children in Detention Centre?
(4) If yes to (3), please provide details about which agencies and the action that has subsequently been taken?
AnswerView source ↗
Answered
12 August 2003
Responded by
Leader of the House representing the Premier
Response time
46 days
Decisions regarding the release of unaccompanied minors into alternative forms of detention are more complex and must be made on a case by case basis, taking account of factors such as the impact of separation from extended family members in detention. (2) The State Government does not have the power to release children from immigration detention. Under the terms of a Memorandum with the Commonwealth, the Department for Community Development makes recommendations to the Department of Immigration and Multicultural and Indigenous Affairs regarding children at risk of harm and the general welfare of children. The State Government is prepared to negotiate a Memorandum of Understanding with the Commonwealth to provide alternative detention for unaccompanied minors which also includes consideration of a role for community agencies in this area. (3) Yes. (4) In recent years the Department has assessed the general welfare of children and those at risk of harm in detention following requests from a number of sources, including the Department of Immigration and Multicultural and Indigenous Affairs. A community agency wrote to the Director General of the Department for Community Development last week regarding an unaccompanied minor held by the Commonwealth in alternative detention in Perth. The Director General has made a number of recommendations to the Department of Immigration and Multicultural and Indigenous Affairs including consideration of alternative accommodation arrangements. The Department has offered to facilitate discussions between the Department of Immigration and Multicultural and Indigenous Affairs and a community agency willing to provide alternative detention if the Commonwealth requires.
(2) The State Government does not have the power to release children from immigration detention. Under the terms of a Memorandum with the Commonwealth, the Department for Community Development makes recommendations to the Department of Immigration and Multicultural and Indigenous Affairs regarding children at risk of harm and the general welfare of children. The State Government is prepared to negotiate a Memorandum of Understanding with the Commonwealth to provide alternative detention for unaccompanied minors which also includes consideration of a role for community agencies in this area. (3) Yes. (4) In recent years the Department has assessed the general welfare of children and those at risk of harm in detention following requests from a number of sources, including the Department of Immigration and Multicultural and Indigenous Affairs. A community agency wrote to the Director General of the Department for Community Development last week regarding an unaccompanied minor held by the Commonwealth in alternative detention in Perth. The Director General has made a number of recommendations to the Department of Immigration and Multicultural and Indigenous Affairs including consideration of alternative accommodation arrangements. The Department has offered to facilitate discussions between the Department of Immigration and Multicultural and Indigenous Affairs and a community agency willing to provide alternative detention if the Commonwealth requires.
(3) Yes. (4) In recent years the Department has assessed the general welfare of children and those at risk of harm in detention following requests from a number of sources, including the Department of Immigration and Multicultural and Indigenous Affairs. A community agency wrote to the Director General of the Department for Community Development last week regarding an unaccompanied minor held by the Commonwealth in alternative detention in Perth. The Director General has made a number of recommendations to the Department of Immigration and Multicultural and Indigenous Affairs including consideration of alternative accommodation arrangements. The Department has offered to facilitate discussions between the Department of Immigration and Multicultural and Indigenous Affairs and a community agency willing to provide alternative detention if the Commonwealth requires.
(4) In recent years the Department has assessed the general welfare of children and those at risk of harm in detention following requests from a number of sources, including the Department of Immigration and Multicultural and Indigenous Affairs. A community agency wrote to the Director General of the Department for Community Development last week regarding an unaccompanied minor held by the Commonwealth in alternative detention in Perth. The Director General has made a number of recommendations to the Department of Immigration and Multicultural and Indigenous Affairs including consideration of alternative accommodation arrangements. The Department has offered to facilitate discussions between the Department of Immigration and Multicultural and Indigenous Affairs and a community agency willing to provide alternative detention if the Commonwealth requires.
A community agency wrote to the Director General of the Department for Community Development last week regarding an unaccompanied minor held by the Commonwealth in alternative detention in Perth. The Director General has made a number of recommendations to the Department of Immigration and Multicultural and Indigenous Affairs including consideration of alternative accommodation arrangements. The Department has offered to facilitate discussions between the Department of Immigration and Multicultural and Indigenous Affairs and a community agency willing to provide alternative detention if the Commonwealth requires.
(2) The State Government does not have the power to release children from immigration detention. Under the terms of a Memorandum with the Commonwealth, the Department for Community Development makes recommendations to the Department of Immigration and Multicultural and Indigenous Affairs regarding children at risk of harm and the general welfare of children. The State Government is prepared to negotiate a Memorandum of Understanding with the Commonwealth to provide alternative detention for unaccompanied minors which also includes consideration of a role for community agencies in this area. (3) Yes. (4) In recent years the Department has assessed the general welfare of children and those at risk of harm in detention following requests from a number of sources, including the Department of Immigration and Multicultural and Indigenous Affairs. A community agency wrote to the Director General of the Department for Community Development last week regarding an unaccompanied minor held by the Commonwealth in alternative detention in Perth. The Director General has made a number of recommendations to the Department of Immigration and Multicultural and Indigenous Affairs including consideration of alternative accommodation arrangements. The Department has offered to facilitate discussions between the Department of Immigration and Multicultural and Indigenous Affairs and a community agency willing to provide alternative detention if the Commonwealth requires.
(3) Yes. (4) In recent years the Department has assessed the general welfare of children and those at risk of harm in detention following requests from a number of sources, including the Department of Immigration and Multicultural and Indigenous Affairs. A community agency wrote to the Director General of the Department for Community Development last week regarding an unaccompanied minor held by the Commonwealth in alternative detention in Perth. The Director General has made a number of recommendations to the Department of Immigration and Multicultural and Indigenous Affairs including consideration of alternative accommodation arrangements. The Department has offered to facilitate discussions between the Department of Immigration and Multicultural and Indigenous Affairs and a community agency willing to provide alternative detention if the Commonwealth requires.
(4) In recent years the Department has assessed the general welfare of children and those at risk of harm in detention following requests from a number of sources, including the Department of Immigration and Multicultural and Indigenous Affairs. A community agency wrote to the Director General of the Department for Community Development last week regarding an unaccompanied minor held by the Commonwealth in alternative detention in Perth. The Director General has made a number of recommendations to the Department of Immigration and Multicultural and Indigenous Affairs including consideration of alternative accommodation arrangements. The Department has offered to facilitate discussions between the Department of Immigration and Multicultural and Indigenous Affairs and a community agency willing to provide alternative detention if the Commonwealth requires.
A community agency wrote to the Director General of the Department for Community Development last week regarding an unaccompanied minor held by the Commonwealth in alternative detention in Perth. The Director General has made a number of recommendations to the Department of Immigration and Multicultural and Indigenous Affairs including consideration of alternative accommodation arrangements. The Department has offered to facilitate discussions between the Department of Immigration and Multicultural and Indigenous Affairs and a community agency willing to provide alternative detention if the Commonwealth requires.
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