Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 necessary (such as for the purpose of public health and security checks) and subject to individualised decision-making and judicial oversight. Recommendation 34: That the Australian Government ensure that its refugee status determination process is consistent with international human rights law and discontinue any practices obstructing a full and proper status determination process (such as the current practice of intercepting and turning back boats carrying asylum seekers). Recommendation 35: That the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) be repealed. Recommendation 36: That the Australian Government reinstate access to free legal advice for asylum seekers who are disadvantaged, regardless of their mode of arrival. The Commission considers the issues raised in this section to be of such importance that the Committee should request an update from the Australian Government on progress in 12 months time. Recommendation 37: That the Australian Government put in place transparent decision-making and external review processes to ensure the exercise of discretionary power in s 501 of the Migration Act complies with international human rights law. Recommendation 38: That the Australian Parliament not pass the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 in its current form. Children and young people Recommendation 39: That the Australian Government strengthen early intervention programs that support vulnerable families and improve data collection relating to child protection, out-of-home care, and the prevalence and nature of child abuse and neglect. Recommendation 40: That the Australian Government implement the National Children’s Commissioner’s recommendations in the Children’s Rights Report 2015 (Chapter 4). Recommendation 41: That the Australian Government maintain a public register that monitors all Australian governments’ compliance with, and implementation of, the recommendations of the Royal Commission into Institutional Abuse of Children once released, and that remedies be provided to victims. The Commission considers this inquiry to be of such importance that the Committee should request an update from the Australian Government on progress of implementation in 12 months time. 37

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