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Migration Legislation Amendment (Children and Families) Bill 2003
Schedule 1— Amendment of the Migration Act 1958

1  At the end of paragraph 196(1)(c)

Add:

; or (d) released in accordance with Division 7B.

2  After Division 7A of Part 2

Insert:

Division 7B —Immigration detention —Special arrangements for children and families

197C  Interpretation

                   In this Division:

appropriately qualified child protection officer means a person engaged by the Commonwealth or a State or Territory Government for the purpose of dealing with matters relating to the welfare of children, including foster care arrangements.

detained child means an unlawful non-citizen who is less than 18 years of age and who is detained under section 189.

197D  Release of any unaccompanied detained child

             (1)  As soon as possible a detained child who is detained without one or more family members must be released from such detention into the care of a foster family or other appropriate community based care arrangement determined by an appropriately qualified child protection officer.

             (2)  Nothing in subsection (1) requires the taking of any action which would cause a health or security risk to Australia.

197E  Detention conditions of any detained child with family

             (1)  As soon as possible a detained child who is detained with one or more family members must be released from such detention and accommodated with his or her family member or members in alternative accommodation arrangements as assessed to be appropriate.

             (2)  Appropriate arrangements for the purposes of subsection (1) are:

                     (a)  community housing

                     (b)  hostel accommodation, or

                     (c)  other accommodation that meets the prescribed amenity and security standards similar to those of the Port Augusta Alternative Detention Arrangements for Women and Children operated by the Department.

             (3)  Nothing in subsection (1) requires the taking of any action which would cause a health or security risk to Australia.

 

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