1 Sections 25 and 51(xxvi) allow Federal Parliament to make laws by reference to the concept of ‘race’ – in the case of section 25, State laws; and in the case of section 51(xxvi), Commonwealth laws. See Expert Panel on Constitutional Recognition of Indigenous Australians, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel (Report, January 2012) 137. 2 The Voice to Parliament and the Makarrata and Truth and Justice Commission are addressed in Referendum Council, Final Report of the Referendum Council (Report, 30 June 2017). 3 Only three states in Australia have compensation schemes for members of the Stolen Generations: Tasmania (Stolen Generations of Aboriginal Children Act 2006 (Tas)), South Australia (‘Stolen Generations Reparations Scheme’, Government of South Australia: Department of Premier and Cabinet (Web Page, 2019); and New South Wales (‘Stolen Generations Reparations Scheme and Funeral Assistance Fund’, NSW Government: Aboriginal Affairs (Web Page)). 4 Bringing Them Home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children and their Families (Report, 1997). 5 Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990). Art 37(c) protects the right of a child to be separated from adults in prison, unless it is not in the child’s best interest to do so, and the right to maintain contact with family. 6 Concerns include a lack of legislative basis, lack of funding and resources across jurisdictions, inconsistencies with existing inspection bodies, and failure to include aged care and disability-specific facilities. See the Australia Opcat Network, Submission to the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) and the United Nations Working Group on Arbitrary Detention (WGAD), The Implementation of Opcat in Australia (January 2020). 7 Michel Forst, Report of the Special Rapporteur on the Situation of Human Rights Defenders on his Mission to Australia, A/HRC/37/51/Add.3 (28 October 2018) 11 [53]-[55]. 8 Commonwealth funding for community services should be increased by $2 million per annum in order to reverse the cuts seen since the 2014 Budget. See Australian Council of Social Service, Budget Priority Statement 2020-2021, (January 2020) 27. 9 Victoria Tauli-Corpus, Report of the Special Rapporteur on the Rights of Indigenous Peoples on her Visit to Australia, UN Doc A/HRC/36/46/Add.2 (8 August 2017) 11 [60]-[64]. 10 The NT Intervention sent 600 troops into 73 remote Aboriginal communities in 2007, removed cash welfare payments for Aboriginal and Torres Strait Islander Peoples, removed community governance and instilled the compulsory leasing of Aboriginal and Torres Strait Islander communal lands. It suspended the protections of the Racial Discrimination Act 1975 (Cth) for Aboriginal and Torres Strait Islander Peoples. 11 James Anaya, Report by the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People: Situation of Indigenous Peoples in Australia, UN Doc A/HRC/15/37/Add.4 (1 June 2010) 29. 12 Ibid 12–13. 13 The NT Intervention suspended the protections of the Racial Discrimination Act 1975 (Cth) for Aboriginal and Torres Strait Islander Peoples. 14 Report by the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, UN Doc A/HRC/15/37/Add.4 (n 11) 28. 15 Ibid 28–30. 16 Report of the Special Rapporteur on the Rights of Indigenous Peoples on her Visit to Australia, (n 9) 11 [60]-[64]. 17 Funding to Homeland and Outstation communities was stopped to pressure Aboriginal and Torres Strait Islander Peoples to move to larger hub communities. See Report by the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, UN Doc A/HRC/15/37/Add.4 (n 11) 17–18 [68]. 18 Shelley Bielefeld, Submission No 55 to Senate Standing Committee on Community Affairs, Parliament of Australia, Inquiry into Social Services Legislation Amendment (Cashless Debit Card) Bill 2017 (29 September 2017) 17. 19 Shelley Bielefeld, Submission to United Nations Special Rapporteur on Extreme Poverty and Human Rights: Thematic Report to the United Nations General Assembly on Digital Technology, Social Protection and Human Rights (17 May 2019) 2. 20 Submission No 55 to Senate Standing Committee on Community Affairs, Parliament of Australia, (n 18) 5, 7, 9. 21 Christopher Knaus, ‘Family Violence Rates Rise in Kimberly Towns with Cashless Welfare’, The Guardian (online, 12 January 2018); Elise Klein, ‘As Costs Mount, The Government Should Abandon the Cashless Debit Card’, The Conversation (online, 12 December 2017). 22 Rangi Hirini, ‘Cashless Card Outrage Affects Hundreds across the Nation’, National Indigenous Television (online, 21 January 2019). 23 Submission No 55 to Senate Standing Committee on Community Affairs, Parliament of Australia (n 18) 13-14. 24 Shelley Bielefeld, Submission No 55 to Senate Standing Committee on Community Affairs, Parliament of Australia (n 18) 18; Shelley Bielefeld, Submission No 68 to the Senate Standing Committee on Community Affairs, Parliament of Australia, Inquiry into Social Services Legislation Amendment (Cashless Debit Card Trial Expansion) Bill 2018 (20 July 2018) 1, 12. 25 Helen Davidson, ‘Remote Work-For-The-Dole Scheme is Racist, ACTU Head Sally McManus Says’, The Guardian (online, 6 August 2017). 26 Submission to United Nations Special Rapporteur on Extreme Poverty and Human Rights: Thematic Report to the United Nations General Assembly on Digital Technology, Social Protection and Human Rights (n 19) 5. 27 Dan Conifer, ‘Indigenous Dole Scheme Participants Slapped with 350,000 Fines in Two Years’, Australian Broadcasting Corporation (online, 6 January 2018). 28 Submission to United Nations Special Rapporteur on Extreme Poverty and Human Rights: Thematic Report to the United Nations General Assembly on Digital Technology, Social Protection and Human Rights (n 19) 5. 26