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
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