Australia's Universal Periodic Review 2014 Progress Report

76^ Minister for Immigration and Border Protection, ‘Getting children safely out of detention’, (Media Release, 19 August 2014). At http://www.minister.immi.gov.au/media/sm/2014/sm217171.htm (viewed 24 November 2014).

77^ Department of Immigration and Border Protection, Immigration Detention and Community Statistics Summary 31 October 2014 (2014), p 3. At http://www.immi.gov.au/About/Documents/detention/immigration-detention-statistics-oct2014.pdf (viewed 5 December 2014).

78^ Migration Amendment (Regaining Control Over Australia’s Protection Obligations) Bill 2013 (Cth), Migration Amendment (Protection and Other Measures) Bill 2014 (Cth), Migration Amendment (Character and General Visa Cancellation) Bill 2014 (Cth), passed by both houses 26 November 2014, Migration and Maritime Powers Legislation (Resolving the Asylum Legacy Caseload) Bill 2014 (Cth), passed by both houses 4 December 2014.

79^ Recommendations 59-64.

80^ Australian Government, (2013). Access and Equity for a multicultural Australia: Inquiry into the responsiveness of Australian Government services to Australia’s culturally and linguistically diverse population. At https://www.dss.gov.au/our-responsibilities/settlement-and-multicultural-affairs/programs-policy/access-and-equity/access-and-equity-inquiry (viewed 4 December 2014).

81^ See Australian Government, Government Response to the Recommendations of the Access and Equity Inquiry (2013). At https://www.dss.gov.au/sites/default/files/files/settle/multicultural_australia/government-response.pdf (viewed 4 December 2014).

82^ Australian Institute of Health and Welfare, Youth detention population in Australia 2014 (2014), p. vii. At http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=60129549675 (viewed 5 December 2014).

83^ Australian Institute of Health and Welfare, Youth detention population in Australia 2014 (2014), p. vii. At http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=60129549675 (viewed 5 December 2014).

84^ Australian Institute of Health and Welfare, Youth detention population in Australia 2014 (2014), p. 11. At http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=60129549675 (viewed 5 December 2014).

85^ The Youth Justice Act 2005 (NT) has recently been amended to permit detainees younger than 15 to be transferred to a custodial correctional facility temporarily where there is ‘no practical alternative’. See Youth Justice Act 2005 (NT), s 154(6).

86^ Independent Broad-based Anti-corruption Commission Annual Report 2013-2014 (2014). At http://www.ibac.vic.gov.au/docs/default-source/ibac-annual-reports/web-pdf---ibac-annual-report-2013-14---20140926.pdf?sfvrsn=4 (viewed 5 December 2014).

87^ Bare v Small [2013] VSC 129.

88^ Victorian Ombudsman, Investigation into Deaths and Harm in Custody (2014). At https://www.ombudsman.vic.gov.au/getattachment/2998b6e6-491a-4dfe-b081-9d86fe4d4921 (viewed 5 December 2014).

89^ Victorian Ombudsman, Investigation into Deaths and Harm in Custody (2014), pp. 10, 27 and 28. At https://www.ombudsman.vic.gov.au/getattachment/2998b6e6-491a-4dfe-b081-9d86fe4d4921 (viewed 5 December 2014).

90^ Premier of Victoria, ‘All suspended sentences abolished from today’, (Media Release, 1 September 2014). At http://archive.premier.vic.gov.au/2014/media-centre/media-releases/10823-all-suspended-sentences-abolished-from-today.html (viewed 5 December 2014).

91^ E Bevin, Plan to scrap suspended sentences in Tasmania to go ahead despite Risdon Prison capacity concerns, ABC News, 10 June 2014. At http://www.abc.net.au/news/2014-06-10/tasmanian-attorney-general-planning-to-scrap-suspended-sentences/5511766 (viewed 5 December 2014).

92^ Victorian Auditor-General, Prisoner Transportation (2014). At http://www.audit.vic.gov.au/reports_and_publications/latest_reports/2013-14/20140611-prisoner-transport.aspx (viewed 5 December 2014).

93^ Recommendation 91.

94^ Victorian Ombudsman, Investigation into Deaths and Harm in Custody (2014), p 12.At https://www.ombudsman.vic.gov.au/getattachment/2998b6e6-491a-4dfe-b081-9d86fe4d4921 (viewed 5 December 2014).

95^ L Roth, ‘Mandatory Sentencing Laws’, NSW Parliamentary Research Service e-brief (2014). At http://www.parliament.nsw.gov.au/prod/parlment/publications.nsf/key/Mandatorysentencinglaws/$File/mandatory+sentencing+laws.pdf (viewed 5 December 2014).

96^ Australian Human Rights Commission, Social Justice Report 2013 (2013), p 52-53. At https://www.humanrights.gov.au/publications/social-justice-and-native-title-report-2013 (viewed 14 October 2014); Australian Human Rights Commission, Children’s Rights Report 2013 (2013), p 32. At https://www.humanrights.gov.au/publications/childrens-rights-report-2013 (viewed 14 October 2014); T Wilson, Queensland Law Society Mandatory Sentencing Policy Paper Launch (Speech delivered at Queensland Law Society, Brisbane, 4 April 2014). At https://www.humanrights.gov.au/news/speeches/queensland-law-society-mandatory-sentencing-policy-paper-launch (viewed 14 October 2014).

97^ National Security Legislation Amendment Act (No.1) 2014 (Cth); Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 (Cth); Counter-Terrorism Legislation Amendment Bill (No.1) (passed both houses on 2 December); Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014.

98^ See Australian Human Rights Commission, Submission to the Parliamentary Joint Committee on Intelligence and Security Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014 (21 August 2014). At http://www.humanrights.gov.au/submissions/submission-inquiry-national-security-legislation-amendment-bill-no-1-2014 (viewed 4 December 2014); Australian Human Rights Commission, Submission to the Parliamentary Joint Committee on Intelligence and Security Inquiry into the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (2 October 2014). At http://www.humanrights.gov.au/submissions/inquiry-counter-terrorism-legislation-amendment-foreign-fighters-bill-2014 (viewed 4 December 2014); Australian Human Rights Commission, Submission to the Parliamentary Joint Committee on Intelligence and Security Inquiry into the Counter-Terrorism Legislation Amendment Bill (No. 1) 2014 (11 November 2014). At http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/Amendment_Bill/Submissions (viewed 4 December 2014).

ABN 47 996 232 602

Level 3, 175 Pitt Street, Sydney NSW 2000

GPO Box 5218, Sydney NSW 2001

General enquiries 1300 369 711

Complaints info line 1300 656 419

TTY 1800 620 241