would conflict with the principle of the best interests of the child and the right to development.276 It states that any kind of child immigration detention should be forbidden by law and such prohibition should be fully implemented in practice.277 Recommendation 40: The Australian Government amends the Migration Act 1958 (Cth) to forbid placing children in closed immigration detention other than for preliminary medical, security and identity assessments. (b) Child safety in immigration detention 303. Data provided to the Inquiry by the Department of Immigration described numerous reported incidents of assault, sexual assault and self-harm involving children in detention.278 The National Royal Commission identified immigration detention as an institutional context with an elevated risk of child sexual abuse, and made a number of recommendations for improving child protection in this context.279 304. The Commission welcomes the introduction by the Australian Government of the Child Safeguarding Framework, designed to ensure that the Government meets its child protection and wellbeing obligations in an immigration context (including in relation to immigration detention).280 However, the Commission considers that there is a need to improve processes for monitoring the wellbeing of children seeking asylum who are in community detention or are living in the Australian community on visas of various kinds. Recommendation 41: The Australian Government reviews current care, protection and support arrangements for children seeking asylum. (c) Third country processing in Nauru 305. Under Australia’s policy of third country processing, asylum seekers arriving by boat (including children) have been transferred to Nauru and Manus Island, Papua New Guinea, for processing their asylum claims. On 31 May 2018, there were 137 children in Nauru subject to third country processing arrangements, the majority of whom were aged 12 or under, and had been there for at least four years.281 On 22 October 2018, 52 children remained on Nauru.282 306. Numerous reports and inquiries have documented serious human rights concerns relating to third country processing in Nauru, particularly with regard to the impact of these arrangements on the mental health of children.283 51

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