Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I present the explanatory memorandum and I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

GUARDIAN FOR UNACCOMPANIED CHILDREN BILL 2014

This Bill establishes an independent office of the Guardian for Unaccompanied Non-Citizen Children to provide expert care and advocacy for asylum seeker children who arrive in Australia on their own.

No child belongs in detention. We know that incarcerating children hinders their development and causes them significant mental harm. The adverse effects on children of detention have been well documented by medical experts. We know that for refugee children who are here without parental or family support there is all the more risk of long-term trauma.

At the time of introducing this Bill, there are over 32 unaccompanied children in places of detention in Christmas Island, 24 detained in the Nauru detention camp and over 338 in community detention.

Under current law, the Minister for Immigration has a responsibility to look after unaccompanied children's best interests as their appointed Guardian under the Immigration (Guardianship of Children) Act 1946 as well as a responsibility for deciding whether or not to detain them under the Migration Act 1958.

This Bill is being reintroduced by the Australian Greens as the need for removing the Minister for Immigration as the legal guardian of these children has become urgent. At the time of introducing this Bill, 12 unaccompanied children are missing in the Adelaide suburbs after their friends were taken from their high school by immigration officials and put into immigration detention. The 12 children were so frightened they felt they had no other option but to run away. The children are still missing and community concern for their welfare is at an all-time high.

It is clear that there is a conflict of interest when the immigration Minister of the day has the dual role of guardian and jailer of unaccompanied asylum seeker children. As immigration law expert Professor Mary Crock has powerfully said, the simple and devastating problem for young asylum seekers is that the Minister is both their legal guardian, and their prosecutor, judge and gaoler. This Bill is critical in removing the guardianship of unaccompanied children from the government of the day.

It is not just advocates and experts in Australia who have, for many years, been calling for action to address this conflict of interest. The international community are watching Australia, in relation to this issue as well as the current government's adoption of cruel deterrence polices towards asylum seekers across the board.

In June 2012 Australia appeared before the UN Committee on the Rights of the Child to respond to questions on Australia's commitment to improving the fundamental rights and welfare of its children.

The Committee drew specific attention to the issue of the conflict of interest in guardianship and strongly recommended that the Australian Government expeditiously establish an independent guardianship for unaccompanied immigrant children.

The Australian Human Rights Commission has previously commented that unaccompanied children who are seeking asylum are particularly vulnerable. These children have faced the challenge of making the difficult and dangerous journey to Australia alone, and upon their arrival in Australia they must negotiate the refugee status determination process and the experience of detention without family support.

In passing this Bill into law and establishing the office of the Guardian for Unaccompanied Non-citizen Children, the federal legislature will at last be correcting this much criticised and deeply unsatisfactory failure of Australian law and policy.

This is a crucial reform due to the high stakes of children's full lives, inherent rights and personal wellbeing.

There are also compelling reasons under international law for this Bill to be passed as a matter of urgency.

The Convention on the Rights of the Child (CRC), to which Australia is signatory, requires our government to ensure that unaccompanied children who are seeking asylum should receive the extra help they need to guarantee enjoyment of all rights set out under the CRC and international law.

Australia must provide special protection and assistance to ensure that the best interests of unaccompanied children seeking asylum are a primary consideration at all times.

This Bill sets up a Guardian who will be responsible for ensuring that the best interests of the child are always the paramount consideration. The Guardian will be in a position to advocate that children should not be detained by reason of their immigration status, or, if detained, for the shortest possible period of time. The Guardian will also be mandated to oversee and ensure the provision of legal and other assistance such as care, accommodation, education, language and health support amongst other functions. This is not something that the Minister, who is simultaneously responsible for the detention of the child, can likewise achieve.

This is a reform that cannot wait any longer. The Parliament must act to remove the Minister of the day as the legal guardian of these vulnerable children.

I commend this Bill to the Senate.

Mr President, I seek leave to speak for less than one minute.

Stephen Parry (President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I want to point out to the chamber why I have introduced this bill today. It is a matter of urgency. There are a number of children who are missing in South Australia as we speak—unaccompanied minors, who are under the guardianship of the federal immigration minister. It is a conflict of interest for this minister to be both their jailer—the person who decides where they are held in detention—and the person who is their legal guardian. This minister has not been able to act in their best interests. We need to resolve this conflict of interest and act on this bill as soon as possible. I seek leave to continue my remarks later.

Leave granted; debate adjourned.