Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

My question is for the Minister for Indigenous Australians. You recently met with state and territory Indigenous affairs ministers about the huge number of unsentenced children being held in prison around this country, where we know their human rights are being abused. But, despite your best efforts with these meetings, we know state and territory governments are moving backwards. Just this week, your Labor colleague in Victoria Premier Jacinta Allan announced she's reviewing the bail laws that have just been brought in so she can hold more kids in prison unsentenced. Why are state governments ignoring you?

Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

I thank Senator Thorpe for her question. Clearly, as we've said in the Senate on many occasions, the area of justice is a state and territory issue. But the senator is correct: when we met in November in Perth I did meet with all Indigenous affairs ministers, as well as the Coalition of Peaks, who represent around 800 Aboriginal organisations from across the country, along with my co-chair, Pat Turner. What we did do at that ministerial council is call on every minister at that table to go back to their cabinet and to look at the issue of remand. We are deeply troubled at the rising rates of remand in this country, especially with our youth, and the overcrowding that's taking place. It's not just our youth across the other jurisdictions. I'm also very concerned about the area that I come from in terms of the Northern Territory. On the question around whether the ministers have responded, a letter has been sent off to ministers following up on where they are at with it. That is something that both Pat Turner and I are following very closely.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Thorpe, first supplementary?

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

Great—another letter! Numerous legal experts told the children's justice inquiry that your government put in force standards on states to protect the human rights of children. You can use external affairs powers and funding agreements like we see in health and education. Why does your government keep saying there's nothing concrete you can do to protect children when clearly there is?

Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

I certainly reject from the outset that take on our concern for children and rules around children in the question that you've put, Senator Thorpe. You may not have seen it, but just a few weeks ago we did announce the interim children's commissioner for First Nations children across the country. Certainly we want to see the successful applicant for that position announced very soon. So we are making endeavours. But we recognise that the care and protection of children across each state and territory jurisdiction is a state and territory matter. So the role of the First Nations children's commissioner is to do precisely that in terms of the areas that Senator Thorpe was raising.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Thorpe, second supplementary?

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

Very disappointing. Minister, will you tell the Prime Minister and the Attorney-General to use the legal powers and leverage we know you have to uphold our international human rights obligations and protect children from ongoing abuse, or will we just see more chats and meetings that go nowhere? That's all we hear from you.

Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

Clearly the communication that has to occur often does happen by letters or phone calls, Senator Thorpe. Its's really important to be able to—

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

It's not action. Kids are dying—on your watch, by the way.

Sue Lines (President) Share this | Link to this | Hansard source

Order, Senator Thorpe!

Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

Obviously the senator doesn't want to hear the answer. It's really important to be able to communicate in an effective way with state and territory jurisdictions, and that is what I am doing. I have answered the senator's question in terms of the children and in terms of the First Nations children's commissioner.