Bringing-Them-Home-Report-Web

a. the best interests of the child or young person,b. the wishes of the child or young person’s family and community,c. the advice of the appropriate accredited Indigenous organisation,d. the principle that Indigenous children are not to be removed from theirfamilies and communities except in extraordinary circumstances, ande. Standard 3.Rule 15. Custodial sentencesWhere the sentencer, having taken into account all of the factors stipulated inRule 14, determines that a custodial sentence is necessary, the sentence must befor the shortest appropriate period of time and the sentencer must provide itsreasons in writing to the State or Territory Attorney General and the appropriateaccredited Indigenous organisation. No child or young person is to be given anindeterminate custodial sentence or a mandatory sentence.Commonwealth, State and Territory governments must ensure effective policyevaluation and monitoring of implementation. Particular attention should be paid to,1. the extent to which Indigenous children and young people are dealt with formallyby police or courts in preference to referral to an Indigenous organisation forparticipation in a diversionary program,2. the extent to which Indigenous children and young people are dealt with by way ofarrest in preference to summons or attendance notice,3. the extent to which Indigenous children and young people are held in police cellsand the reasons for their detention,4. the extent and nature of bail refusal and bail conditions which cannot be met,5. the extent and nature of sentences to detention for Indigenous children and youngpeople, and6. comparative recidivism rates between Indigenous children and young peoplesentenced to Indigenous community-based options compared to those sentenced todetention.The results of these evaluations must be made public.Family lawAlthough now more in tune with the Convention on the Rights of the Child, theFamily Law Act 1975 (Cth) does not incorporate the child’s right under article 30.In those States in which ethnic, religious or linguistic minorities or persons of indigenousorigin exist, a child belonging to such a minority or who is indigenous shall not be denied theright, in community with other members of his or her group, to enjoy his or her own culture,to profess and practise his or her own religion, or to use his or her own language.The Family Court in B and R stated ‘we strongly agree with the importance to beattached to these rights’. These rights should be included among the principlesunderlying that Part of the Act dealing with children’s welfare. Section 60B(2)