• Information on steps taken to reduce discrimination on the basis of sexual orientation, gender identity and intersex status in employment, and to create safe and supportive school environments. Children 33. There are inadequate legal protections for children’s rights in Australia, including remedies. Significant gaps in the implementation of children’s rights exist across all areas of data collection, policy, programs and service delivery. Approaches to children experiencing vulnerability and adversity are fragmented and are largely reactive rather than preventative. The Commission has recommended the development of a National Plan for Child Wellbeing and a national children’s data framework to improve and coordinate children’s policy and servicedelivery across government portfolios.72 34. The Commission is concerned that the needs of children have not been a priority of COVID-19 policy, such as mental health, learning and social life.73 35. Violence against children is a serious problem in Australia. Child protection data indicates that the rate of substantiations of child abuse and neglect was at 9 per 1,000 children in 2019–20, up from 8 per 1,000 in 2015–16. 74 The Commission is currently consulting with children and young people to inform the successor plan to the National Framework for Protecting Australia’s Children (2009–2020).75 36. Rates of children in out-of-home care have steadily increased,76 with Indigenous children significantly over-represented. One in 18 Indigenous children were in out-of-home care as of 30 June 2020, almost two-thirds (63%) of whom were living with relatives, kin or other Indigenous caregivers.77 37. Aboriginal and Torres Strait Islander children consistently identify the need for support for culture and language in primary and secondary education.78 • • • • Information on the development and implementation of coordinated, child-focused, prevention-focused policies to address vulnerability and adversity. Information on the delivery of child targeted mental health and support services in light of COVID-19. Information on prevention and early intervention programs to prevent children entering child protection, and on Government efforts to fully implement the Aboriginal and Torres Strait Islander Child Placement Principle. 79 Information on implementing Aboriginal and Torres Strait Islander cultural education within the school curriculum, and on the availability of bilingual education. Refugees, asylum seekers and migrants 38. Immigration detention remains mandatory for all unlawful non-citizens,80 which can result in prolonged and/or indefinite detention that may be arbitrary and risks mental ill-health.81 As of August 2021, the average period of immigration detention is 696 days, the longest average period on record.82 Immigration detention facilities are approaching capacity, making physical distancing for COVID-19 difficult.83 7