307. In its 2014 National Inquiry into Children in Immigration Detention, the Commission found that children on Nauru were suffering from extreme levels of physical, emotional, psychological and developmental distress, and that the conditions in which children were detained were in breach of the CRC.284 Its recommendations were that all children and their families on Nauru be released into the Australian community as soon as practicable, and that no child be sent offshore for processing where they will be detained unless it is clear that their human rights will be respected.285 308. The Commission notes several recent cases where the Federal Court of Australia found that health care services available on Nauru did not meet the needs of children with complex physical and mental health conditions.286 The Commission has expressed concern that delays in transferring unwell children to Australia for treatment may compromise their health and potentially place their lives at risk. The Commission considers that where a child’s health and welfare is at risk, the child and their family should be transferred to Australia as a matter of urgency and without delay.287 Recommendation 42: The Australian Government resettles all children and their families held on Nauru as a matter of urgency. (d) Guardianship of unaccompanied children 309. The Minister for Home Affairs is the legal guardian of unaccompanied children seeking asylum in Australia.288 The Minister can delegate this role to officers of the Australian Government or state or territory governments, including officers of the Department of Home Affairs.289 310. The Commission has repeatedly raised concerns that the Minister, as Guardian, is also responsible for administering the immigration detention system and making decisions about visas, removals and transfers under third country processing arrangements. Given these multiple roles, it is difficult for the Minister (or their delegate) to ensure that the best interests of the child are a primary consideration when making decisions concerning unaccompanied children. 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. 52