❓ Hon Alison Xamon questions the Minister for Corrective Services regarding the implementation of a recommendation from the Australian Human Rights Commission concerning the treatment of individuals suspected of people smuggling who claim to be children. The Department of Corrective Services states they will not be implementing the recommendation.
AnsweredQoN 5859Legislative Council
QuestionView source ↗
I refer to the Australian Human Rights Commission report:
An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children
, and I ask —
(1) Has any action been taken on recommendation two of the report, that:
An individual suspected of people smuggling who says that he is a child, and who is not manifestly an adult, should be provided with an independent guardian with responsibility for advocating for the protection of his best interests?
(2) If no to (1), does the Minister intend to take any action on this recommendation?
(3) If no to (2), why not?
(4) If yes to (1), what action has been taken?
(5) Have any discussions been held between the Commonwealth and the Department of Corrective Services regarding this recommendation?
(6) If yes to (5), what were the outcomes of these discussions?
An age of uncertainty: Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children
, and I ask —
(1) Has any action been taken on recommendation two of the report, that:
An individual suspected of people smuggling who says that he is a child, and who is not manifestly an adult, should be provided with an independent guardian with responsibility for advocating for the protection of his best interests?
(2) If no to (1), does the Minister intend to take any action on this recommendation?
(3) If no to (2), why not?
(4) If yes to (1), what action has been taken?
(5) Have any discussions been held between the Commonwealth and the Department of Corrective Services regarding this recommendation?
(6) If yes to (5), what were the outcomes of these discussions?
AnswerView source ↗
Answered
18 September 2012
Responded by
Minister for Education representing the Minister for Corrective Services
Response time
35 days
(1) No.
(2) The Department of Corrective Services (the Department) advises that no action will be taken in regards to this recommendation.
(3) In cases where the age of the prisoner is questioned, the Department maintains its duty of care obligations by ensuring prisoners are monitored closely by all staff and are kept with their fellow countrymen, if appropriate, to facilitate social support.
In such cases, the Department liaises with the prisoner using the aid of an interpreter, notifies the Indonesian Consulate and the prisoner's lawyer (all independent agencies who act in the best interests of the prisoner). The correct process of applying for an age determination hearing through the courts is outlined and explained to all parties.
Other services include monthly access to an Independent Visitor who acts on behalf of the Office of the Inspector of Custodial Services (OICS) as well as the Inspector's staff. All prisoners are provided the means to communicate confidential issues to a range of different agencies, including the Human Rights and the Equal Opportunities Commissions.
The Department also allows the prisoners to make regular phone calls to Indonesia in order to keep a line of communication open with their families.
The Department has been commended by the Indonesian Consulate and by the prisoners themselves for the treatment of this group.
In addition, the Department advises that where the age of a prisoner comes into question, the Department seeks urgent confirmation from the Australian Federal Police (AFP).
The Department holds prisoners on warrants issued by the courts and is bound by the age on that warrant with regard to whether a person is placed in an adult or juvenile facility.
The Department abides by the relevant documentation supplied by the AFP to the Commonwealth Courts to ensure prisoners are adults.
(4) Not applicable.
(5) No.
(6) Not applicable.
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(2) The Department of Corrective Services (the Department) advises that no action will be taken in regards to this recommendation.
(3) In cases where the age of the prisoner is questioned, the Department maintains its duty of care obligations by ensuring prisoners are monitored closely by all staff and are kept with their fellow countrymen, if appropriate, to facilitate social support.
In such cases, the Department liaises with the prisoner using the aid of an interpreter, notifies the Indonesian Consulate and the prisoner's lawyer (all independent agencies who act in the best interests of the prisoner). The correct process of applying for an age determination hearing through the courts is outlined and explained to all parties.
Other services include monthly access to an Independent Visitor who acts on behalf of the Office of the Inspector of Custodial Services (OICS) as well as the Inspector's staff. All prisoners are provided the means to communicate confidential issues to a range of different agencies, including the Human Rights and the Equal Opportunities Commissions.
The Department also allows the prisoners to make regular phone calls to Indonesia in order to keep a line of communication open with their families.
The Department has been commended by the Indonesian Consulate and by the prisoners themselves for the treatment of this group.
In addition, the Department advises that where the age of a prisoner comes into question, the Department seeks urgent confirmation from the Australian Federal Police (AFP).
The Department holds prisoners on warrants issued by the courts and is bound by the age on that warrant with regard to whether a person is placed in an adult or juvenile facility.
The Department abides by the relevant documentation supplied by the AFP to the Commonwealth Courts to ensure prisoners are adults.
(4) Not applicable.
(5) No.
(6) Not applicable.
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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