Australias combined Second and Third Reports under the Convention on the Rights of the Child - March 2003

The Australian Government is pleased to present to the Committee on the Rights of the Child Australia’s combined Second and Third Reports under the Convention on the Rights of the Child.

The Australian Government believes that, when read together with the initial Australian report, this report demonstrates the special place that children hold in Australian society. High levels of effort and resources are committed to ensuring that Australian children are able to reach their full potential and that the rights to be found in the Convention are available to them. The statistics in the annexes to this report provide a snap-shot of the outcome of these efforts and the important position that children enjoy in Australian society. Most Australian children enjoy lower infant mortality rates, better health, higher educational outcomes and greater leisure opportunities than
their counterparts in many other countries.

This report shows that Australian governments have continued to seek opportunities to improve the implementation of the Convention in Australia. One of the main achievements in the period covered by this report has been the increased coordination of policies and monitoring mechanisms for children. In 2002, the Prime Minister created the position of Minister for Children and Youth Affairs to ensure an integrated government approach across the spectrum of Federal Government policies and programs for children. A new federal Department of Family and Community Services has also been created in recognition of the need for leadership in issues relating to children and families.

The Convention is implemented in Australia by nine governments. The Federal, six State and two Territory governments each develop initiatives to implement the Convention that best meet the needs of their respective jurisdictions. This does not mean that the Convention is not fully implemented across Australia, but rather that it is implemented in a variety of ways. Australia’s federal system of government means that there will never be complete consistency across Australia in the policies and programs that are implemented for the benefit of children. Such consistency is not required to implement the Convention and each government must retain the discretion to
respond to issues in the manner that most suits that jurisdiction. However, State and Territory governments have increased coordination of policies and monitoring mechanisms for children.
They have adopted a whole-of-government approach to developing many of the policies affecting children. The cooperative approach that is evident in Australia means that the Commonwealth and the States and Territories can learn from each other’s experience and that there can be a coordinated approach to issues of common interest.

Another area where there has been much activity since the Committee considered Australia’s First Report is the provision of mental health services to children, particularly programs aimed at reducing the incidence of youth suicide. National strategies designed to address this most tragic of problems have achieved great results with a 35% decrease in the suicide rate amongst young Australians since 1997.

This report also demonstrates Australia’s commitment to children outside of Australia. Australia has always been supportive of the two Optional Protocols to the Convention and is a signatory to both of them. Domestic processes that must be finalised prior to ratification of a treaty are being undertaken in relation to each of the Optional Protocols. Australia has already provided practical support for these instruments in its international aid programs and in enacting legislation establishing new offences in relation to sexual servitude and the sale of and trafficking in people for the purposes of sexual exploitation. Australia’s international aid program has a focus towards
implementing the Convention generally.

Despite the efforts on behalf of children, significant challenges remain.
Australian governments continue to address the needs of indigenous children, particularly in the areas of health, education, family violence and the juvenile justice system. Yet indigenous children continue to suffer disadvantage in these areas compared with non-indigenous children. Indigenous children comprise an increasingly significant proportion of the Australian population. It is estimated that approximately 5% of all Australian children are indigenous and that if current patterns continue, by 2042, indigenous Australians will make up approximately 12 % of the 0 – 14 age group in Australia. These statistics mean that the need to address the relative disadvantage of indigenous children is more pressing than ever.

The child protection system is another area of concern. Despite extensive efforts since the Committee’s consideration of Australia’s initial report, including a number of reviews into the operation of child protection services in a number of States and significantly increased funding for initiatives targeted at high risk groups, the number of children in need of care and protection remains unacceptably high.

In order to address concerns relating to children in immigration detention, the Federal Government has developed flexible detention arrangements to cater for women and children detainees. The
Federal Government has also continued to improve the services available to children whilst they are in immigration detention.

Of course, this report is only the first stage in this periodic review of the implementation of the Convention in Australia. The Government will welcome the opportunity to expand on the initiatives that have occurred since the Committee considered Australia’s initial report when the time comes to consider this report.

Non-government organisations have indicated that they will separately report to the Committee on the implementation of the Convention in Australia from their perspective. Civil society and the Human Rights and Equal Opportunity Commission play an important role in the implementation of the Convention in Australia and the Government looks forward to their positive contribution in the dialogue with the Committee.