Asylum-seeking, refugee and migrant children:
•
amend the Immigration (Guardianship of Children) Act 1946 (Cth) to create an
independent guardian for children
•
amend the Migration Act 1958 (Cth) to prohibit the detention of asylum
seekers, refugee and migrant children
•
amend the Migration and Maritime Powers Act to ensure respect for nonrefoulement obligations
•
enact legislation prohibiting the detention of children and their families in
regional processing countries
•
ensure the best interests of the child are a primary consideration in all
decisions and agreements in relation to the reallocation of asylum-seeking,
refugee or migrant children within Australia or to other countries
•
ensure children who were detained in regional processing countries have
access to adequate child protection, education and health services,
including mental health
•
implement durable solutions including financial and other support for all
refugee and migrant children to ensure their early rehabilitation,
reintegration and sustainable resettlement
•
introduce adequate mechanisms for monitoring the wellbeing of children
involved in asylum, refugee and migration processes.
Indigenous children:
•
ensure that Aboriginal and Torres Strait Islander children and their
communities are meaningfully involved in the planning, implementation
and evaluation of policies concerning them
•
ensure that the Joint Council on Closing the Gap established in March 2019
has a clear mandate and the necessary resources to function effectively.
Administration of child justice:
•
raise the minimum age of criminal responsibility to an internationally
accepted level and make it conform with the upper age of 14 at which doli
incapax applies
•
immediately implement the 2018 recommendations of the Australian Law
Reform Commission to reduce the high rate of indigenous incarceration
•
explicitly prohibit the use of isolation and force, including physical
restraints, as a means of coercion/discipline of children under supervision
•
promptly investigate all cases of abuse and maltreatment of children in
detention and adequately sanction the perpetrators
•
actively promote non-judicial measures, such as diversion, mediation and
counselling, for children accused of criminal offences and, wherever
possible, the use of non-custodial sentences, such as probation or
community service
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