Recommendation 41: The Australian Government reviews current care,
protection and support arrangements for children seeking asylum.
Recommendation 42: The Australian Government resettles all children and their
families held on Nauru as a matter of urgency.
Recommendation 43: The Australian Government introduces legislation to
amend the Immigration (Guardianship of Children) Act 1946 (Cth) to create an
independent guardian role so that the Minister for the Department of Home
Affairs is no longer the legal guardian of unaccompanied children seeking
asylum.
Recommendation 44: The Australian Government reinstates access to
permanent Protection Visas for all asylum seekers in Australia who are
determined to be in need of protection.
Recommendation 45: The Australian Government develops a federal victims
compensation scheme for victims of trafficking, slavery and slavery-like
conditions, including children.
Recommendation 46: Australian Governments achieve consistency between
surrogacy laws and include criteria directed at the suitability of intended parents.
If international surrogacy arrangements are to be permitted, such checks should
also form part of the regulation of those arrangements. The Australian
Government should:
•
continue to engage with the Hague Conference on Private International
Law in relation to the potential for an international convention dealing
with the regulation of parentage and surrogacy
•
engage with countries where Australians enter into surrogacy
arrangements, for the purpose of determining whether bilateral
agreement can be reached on the regulation of parentage and surrogacy
•
undertake a systematic review of the structure and enforcement of
regulatory regimes in countries where Australians enter into surrogacy
arrangements.
Recommendation 47: Australian Governments review existing systems of
monitoring and inspection of juvenile justice facilities for compliance with
OPCAT, and amend their legislative frameworks accordingly.
Recommendation 48: Australian Governments explicitly prohibit the use of
isolation practices and force as punishment in juvenile justice facilities. These
practices should only be permitted when necessary to prevent an imminent and
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