Recommendation 54: The Australian Government ensures that whenever a
control order is imposed in relation to a person under 18 years of age, any
obligations, prohibitions and restrictions imposed constitute the least
interference with the child’s liberty, privacy or freedom of movement that
is necessary in all the circumstances.
Recommendation 55: The Australian Government amends national security
laws so that the best interests of the child is:
•
a primary consideration at all stages in proceedings relating to the
potential issue of an interim or confirmed control order
•
not made subject to any higher order ‘paramount consideration’.
Recommendation 56: The Australian Government amends the Australian
Citizenship Act 2007 (Cth) to stipulate that loss of citizenship by conduct
should not be possible in the case of children (either their own conduct, or
that of their parents).
Recommendation 57: The Australian Government amends the Crimes Act
1914 (Cth) so that minimum non-parole periods do not apply to children.
Recommendation 58: The Australian Government amends the Crimes Act
1914 (Cth) so that provisions relating to bail for persons accused of certain
Commonwealth offences do not apply to children.
9.4
Children in armed conflicts
(a)
Minimum age for taking part in hostilities
358. In Australia, children aged 17 may be recruited into the Australian Defence
Force (ADF). However, under ADF policy instructions, defence force
personnel must take all feasible measures to ensure that persons under
the age of 18 are not deployed to areas of hostilities. This prohibition
applies only to ‘the maximum extent possible’ and only if it does not
adversely impact on the conduct of operations. 367 Further, although a
person under 18 who is part of a unit that is deployed must be removed
from the area as soon as possible, this does not have to occur if it would
prejudice the effectiveness of the mission.368 The Commission considers
these exceptions increase the risk that military operations are put before
the best interests and safety of the child.
65