Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
  

Previous Fragment    Next Fragment
Monday, 26 May 1997
Page: 3972


Mr DOWNER —Mr Speaker, during question time—


Mr Martin Ferguson —You have the answer.


Mr DOWNER —I am sure none of you would know the answer either. During question time, the honourable member for Curtin asked me a question about the UN Convention on the Rights of the Child, which I suspect those on the other side of the House—with the possible exception of the Deputy Leader of the Opposition—would have barely heard of. Australia ratified this convention.

Opposition members interjecting


Mr SPEAKER —Order! Members on my left.


Mr Martin Ferguson —All you have to do is read the answer.


Mr DOWNER —Somebody gets out of bed in the morning and you are insulted. Mr Speaker, the convention was ratified by Australia on 17 December 1990. I am advised by my department that Australia lodged a reservation to article 37(c) of the convention. That reservation states:

. . . In relation to the second sentence of paragraph (c), the obligation to separate children from adults in prison is accepted only to the extent that such imprisonment is considered by the responsible authorities to be feasible and consistent with the obligation that children be able to maintain contact with their families, having regard to the geography and demography of Australia. Australia, therefore ratifies the Convention to the extent that it is unable to comply with the obligation imposed by article 37(c).

I am advised that at the time the then government tabled no other reservations to the convention. Of course, as far as this government is concerned, implementation of that convention and any other convention is ultimately a matter for the parliament. The changes that we have made to the procedures, including the proposed legislation we will be introducing in relation to the Teoh judgment, will ensure that all conventions when they are implemented, or if they are to be implemented, are implemented through the processes of this parliament.