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Legislative Assembly for the ACT: 1999 Week 8 Hansard (25 August) . . Page.. 2399 ..
MS TUCKER (continuing):
Most members of this Assembly expect to be consulted on such a major social initiative and want to give the community an opportunity to have their views heard on such a matter. That is why I am hoping to get support today from a majority of members.
Concerns have been expressed that, in fact, this move is in breach of the spirit of the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. There are also some really big issues around the Aboriginal deaths in custody report and the Government's response to it. For the information of members - Mr Osborne might like to listen to this - I would like to quote a couple of recommendations of the Aboriginal deaths in custody report. Recommendation 235 states:
That policies of government and the practices of agencies which have involvement with Aboriginal juveniles in the welfare and criminal justice systems should recognise and be committed to ensuring, through legislative enactment, that the primary sources of advice about the interests and welfare of Aboriginal juveniles should be the families and community groups of the juveniles and specialist Aboriginal organisations, including Aboriginal Child Care Agencies.
The response of the Government reads:
Efforts are made by Family Services, through established networks, to consult Aboriginal and Torres Strait Islander community groups during the course of statutory involvement with Aboriginal and Torres Strait Islander juveniles.
The ACT Government, through the Family Services Branch, continues to support the involvement of Aboriginal and Torres Strait Islander families, community groups and specialist organisations in the welfare of young Aboriginal and Torres Strait Islander juveniles within the welfare and juvenile justice system.
Recommendation 62 is also very important. It reads:
That governments and Aboriginal organisations recognise that the problems affecting Aboriginal juveniles are so widespread and have such potentially disastrous repercussions for the future that there is an urgent need for governments and Aboriginal organisations to negotiate together to devise strategies designed to reduce the rate at which Aboriginal juveniles are involved in the welfare and criminal justice systems and, in particular, to reduce the rate at which Aboriginal juveniles are separated from their families and communities, whether by being declared to be in need of care, detained, imprisoned or otherwise.
The ACT Government's response reads:
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