❓ A WA parliamentary question probes the Department for Child Protection's responsibility regarding Indonesian prisoners in WA adult prisons claiming to be under 18. The Minister's response deflects responsibility to the Commonwealth Government and the Department of Corrective Services.
AnsweredQoN 5071Legislative Council
QuestionView source ↗
I refer to the 14 Indonesian prisoners currently accused of ‘people smuggling’ charges held in Western Australian adult prisons who claim to be less than 18 years of age and whose cases are currently being investigated by the Indonesian Consulate, and I ask -
(1) Has the Department for Child Protection sought any advice from the State Solicitor’s Office about its potential responsibility for foreign children detained in Western Australian adult prisons?
(2) Has the Department for Child Protection made inquiries to determine the ages of any of the detainees being kept in custody in Western Australia?
(3) If yes to (1) -
(a) what inquiries were made;
(b) to whom; and
(c) when?
(4) Has the Department for Child Protection sought any independent determination of the apparent or actual age of these detainees?
(5) Has the Department for Child Protection sought any advice from the State Solicitor’s Office about the meaning of ‘child’ under the
Children and Community Services Act 2004
(WA) and the evidence and presumptions relevant to determining a child’s age?
(6) What action will the Minister take to protect the Indonesian prisoners in adult prisons who claim to be under 18 years of age?
(1) Has the Department for Child Protection sought any advice from the State Solicitor’s Office about its potential responsibility for foreign children detained in Western Australian adult prisons?
(2) Has the Department for Child Protection made inquiries to determine the ages of any of the detainees being kept in custody in Western Australia?
(3) If yes to (1) -
(a) what inquiries were made;
(b) to whom; and
(c) when?
(4) Has the Department for Child Protection sought any independent determination of the apparent or actual age of these detainees?
(5) Has the Department for Child Protection sought any advice from the State Solicitor’s Office about the meaning of ‘child’ under the
Children and Community Services Act 2004
(WA) and the evidence and presumptions relevant to determining a child’s age?
(6) What action will the Minister take to protect the Indonesian prisoners in adult prisons who claim to be under 18 years of age?
AnswerView source ↗
Answered
27 March 2012
Responded by
Minister for Child Protection
Response time
119 days
(1) No
(2) No. These detainees were charged as adults by the Australian Federal Police (AFP) and are being held by the Western Australian Department of Corrective Services.
Age determination in these matters is the responsibility of the Commonwealth Government.
(3) Not applicable
(4) No. This is a Commonwealth Government responsibility.
(5) No
(6) The welfare of persons detained in WA prisons is the responsibility of the Department of Corrective Services, and age determination of these particular prisoners is a matter for the Commonwealth Government.
These matters need to be raised with the Court by the prisoner's lawyer, or by the Commonwealth Government. However, if specific cases were referred by either the Department of Corrective Services or Commonwealth authorities, the Department for Child Protection would consider whether it has a role.
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(2) No. These detainees were charged as adults by the Australian Federal Police (AFP) and are being held by the Western Australian Department of Corrective Services.
Age determination in these matters is the responsibility of the Commonwealth Government.
(3) Not applicable
(4) No. This is a Commonwealth Government responsibility.
(5) No
(6) The welfare of persons detained in WA prisons is the responsibility of the Department of Corrective Services, and age determination of these particular prisoners is a matter for the Commonwealth Government.
These matters need to be raised with the Court by the prisoner's lawyer, or by the Commonwealth Government. However, if specific cases were referred by either the Department of Corrective Services or Commonwealth authorities, the Department for Child Protection would consider whether it has a role.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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